HomeMy Public PortalAboutORD08754 1
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HILL NO.
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INTRODUCED aY COUNCILMAN
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I ORDINANCE NO. �
AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK OF
THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH THE MID-
MISSOURI COUNCIL OF GOVERNMENTS AND THE MISSOURI OFFICE OF
I ADMINISTRATION FOR CITY PLANNING SERVICES.
11BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON
i AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of
( Jefferson, Missouri, are hereby authorized and directed to
execute a contract for and behalf of the City with the
Mid-Missouri Council of Governments and the Missouri Office
of Administration for a period of one year commencing on
Ithe first day of July, 1975.
Section 2. The total amount of the compensation
from the City of Jefferson shall be a contribution of
Three thousand Dollars ($3,000.00) . A matching amount
of an additional Six thousand Dollars ($6 ,000.00) will be
contributed by the Missouri Office of Administration. These
two amounts, totalling Nine thousand Dollars ($9,000. 00)
' would be paid 'to the Mid-Missouri Council of Governments for
work described in the body of the contract fully set forth
kin Exhibit "A" attached to this Ordinance and incorporated
( herein as though fully set forth.
II Section 3. This Ordinance shall be in full force and
effect from nd after its passage and approval.
Passe - Approved:
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esident o e Council or
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City C er
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URBAN PLANNING, CONTRACT
CITY OF JEFFERSON CITY, MISSOURI
MID-MISSOURI COUNCIL OF GOVERNMENTS
and the
MISSOURI OFFICE OF ADMINISTRATION
X//
THIS AGREEMENT, entered into this 1rt, •day of ,. ,
N 5"by and between the Missouri Office of Administration, Lre ter rred to as the "Agency" and the City of Jefferson Cit N i souri
hereinafter referred to as the "Municipality" , nd the Mid-Missouri
Council of Governments with principal office located-
in Jefferson City, Missouri ,hereafter referred to as the
"Commission , witnesset that:
WHEREAS, under the provisions of Title VII, Section 701 of the
Housing Act of 1954, Public Law 560, 83rd Congress, Chapter 649, 2nd
Session, 68th Statute 590, approved the 2nd day of August 1954, as
amended, by the Housing and Community Development Act of 1974 , funds
are being made available by the Department of Housing and Urban Develop-
ment for planning assistance, which may include the preparation of a
general plan, technical assistance, and other planning work in certain
communities of the State of Missouri, and;
WHEREAS, it is the intention of the Agency to use the funds provided
for under Section 701 of the Housing Act of 1954 , as amended;
NOW THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, the parties hereto, and
legally intending to be bound thereby, do covenant and agree for themselves
and their respective successors and assigns as follows:
ARTICLE I
EMPLOYMENT AND DUTIES OF COMMISSION
(a) The Agency hereby agrees to engage the Commission and the Com-
mistion hereby agrees to do, perform, and carry out, in a professional manner
as set out in Paragraph (c) Article IV the services set forth in "Scope
of Services" as defined in the attached Appendix A (which is appended hereto
and made a part of this contract) in connection with the project of the
Agency under the Urban Planning Grant Contract No. CPA-MO-07-36-1023/SA-327.
(b) The Commission shall perform all the necessary services provided
under this contract in connection with and respecting the following Muni-
cipality and the area, or areas herein called the "planning area" : All
of that area lying within the corporate limits of Jefferson City, Missouri,
and that unincorporated area within two ,(2) miles thereof.
(c) The Commission will furnish a professionally qualified person who
shall be called the Planner-in-Charge. All of the services required here-
under shall be performed by the Planner-in-Charge or under his direction.
The Planner-in-Charge shall furnish personal services and time in the
amo& necessary to accomplish effectively the planning work proposed in
thA contract. The Commission shall secure at its own expense all personnel
required to perform the services under this contract. Personnel performing
or supervising the performance of engineering, architectural, legal or other
similar professional services, who by Statute are to meet stated qualifica-
tions, shall be registered or licensed when so required. The Planner-in-
Charge of the work program covered by this Contract shall be Robert
Simonds In the event the Planner-in-Charge of this project
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pAc e 1 of 7 pages
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shall die or otherwise become unavailable for any cause, the Commission
will furnish another Planner-in-Charge subject to the approval of the
Age
(d) None of the work or services covered by this contract shall be
subcontracted without prior written approval of the Agency.
(e) The scope of the work to be done under this contract shall be
subject to modification and supplementation upon the written agreement of
the duly authorized representatives of the contracting parties. However,
should the contracting parties be unable to agree unanimously, then the
recommendations of the Agency shall prevail, such recommendations to be
given in writing. No modification of the terms of this contract shall be
made that would change the total contract price, unless such changes, in-
cluding any increase or decrease in the amount of the Commission' s compen-
sation, are mutually agreed by and between the Agency, the Commission and
the County and shall be incorporated in written amendments to this
contract.
(f) The activities of the Commission's staff and associates shall be
fully coordinated with the activities of the County's Planning Commission,
the staff of said Planning Commission, and the Agency. As the work of the
Commission' s staff and associates progresses, the Commission' s advice on
mallmh,rs of immediate concern to the County's Planning Commission and
re1V ed to the specific program covered by this contract shall be made
available to the County' s Planning Commission during the period of this
Contract.
(g) The Agency shall be the sole judge of the quality of the work
performed, the quality of which shall be determined by the staff represent-
ing the Agency. Staff of the Agency may make periodic visits to the office
of the Commission, review progress reports, rperformance of work, and moni-
tor and evaluate the quality, of the work effort and inspect financial
records.
(h) The work accomplished by the Commission under this contract shall
be reviewed by the County' s Planning Commission at each County Planning
Commission meeting. The approval, disapproval, or suggestions of the
County shall be reported in writing to the Agency at such times as the
Agency may request, or as deemed necessary by the County. .
M The Commission shall provide copies of all interim and final
reports, to the Agency and the County' s Planning Commission, as set forth
in Appendix A of this contract. Progress reports, as required by the
Ag y, shall be made from time to time in amounts and in the forms
speM fied by the Agency.
(j) All material developed or acquired by the Commission for work
done under this contract shall become the property of the County after
final audit of the project by the Department of Housing and Urban Develop-
ment.
(k) The Commission shall not assign any interest in this contract
and shall not transfer any interest, whatsoever, in the same (whether by
assignment or novation) , without the prior written consent of the Agency
thereto; provided, however, that claims for money due or to become due the
Commission from the Agency under this contract may be assigned to a bank,
trust company or other financial institution without such approval. Notice
of any such assignment or transfer shall be furnished promptly to the
Agency.
(1) The Commission shall save harmless the State and the County
from all suits, actions, or claims brought on account of any injuries or
damages sustained by any person, or property in consequence of any neglect
or *conduct by the Commission or any employee, or on account of any claims
orount recovered for any infringement of patent, trademark, or copyright,
or from any claim or amounts arising or recovered under the "Workmen' s
Compensation Laws" or any other laws, The Commission shall not be released
from such responsibility until all claims have been settled and suitable
evidence to the effect furnished the Agency.
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(m) The Commission will repay any grant payments which, at any time
the project is audited or at the time of final audit, are determined to be
ineligible under this grant contract.
qP ARTICLE II
MUNICIPALITY
(a) The Municipality agrees to make available to the Commission all
maps, records and data on file that will assist the commission in the dis-
charge of the services herein contracted. ,
(b) The Municipality, its officials and employees and the members of
the Municipality' s Planning Commission and the Municipality' s Planning
Commission's staff shall cooperate with the Commission and the Agency in
the discharge of their responsibilities under this contract and will be
available for consultation with the Commission and the Agency at such
reasonable periods as not to conflict with their own responsibilities.
(c) The Municipality agrees that the services of the Municipality's
Attorney shall be used in preparing zoning and subdivision controls in the
form of ordinances and/or regulations in accordance with applicable State
Statutes and local legal requirements and in a form suitable for adoption
by the City' s Governing Body.
(d) It is agreed between the parties that the Municipality shall cause
to be paid to the Agency the sum of Three Thousand Dollars
($3 , 000.00) whicH monies represent the contra u-
l—on by the Municipality for its portion of the project costs. The contribu-
tion provided herein shall be paid by the Municipality to the Agency at the
beginning of the project period.
ARTICLE III
FINANCIAL OBLIGATIONS OF THE AGENCY
(a) It is the understanding of all the parties to this contract that
the Agency, by joining in this contract, does not pledge or promise to
pledge the assets of the State of Missouri or of the Agency or any other
State Agency, nor does it promise to pay any part of the contract sum pro-
vided for in this agreement from any monies of the state of Missouri except
such monies as shall have been granted and paid to the Agency for this pro-
ject by the Department of Housing and Urban Development of the United States
Government, and such monies as shall have been contributed to the Agency by
the Municipality under the provisions of Article II of this contract.
Aeft
(b) It is further understood and agreed by the parties that in the
event a contract is not concluded between the Agency and the Department of
Housing and Urban Development covering the project of which the Municipality
is included, or should the Department of Housing and Urban Development for
any reason disapprove this contract or refuse to make grant funds available
to the State for the purpose of carrying out the intent of this contract,
then this contract shall be void and shall not be binding on any of the
parties hereto.
ARTICLE IV
DIRECTION OF WORK
(a) The work done by the Commission's staff and associates
shall be under the supervision of the Commission or such a qualified
person as shall be designated by the Commission and approved by the
Agency with concurrence of the Municipality.
(b) In the aforesaid supervision, the Commission or its representa-
tiv shall act in complete harmony and coordination with the Municipality's
Pl fing Commission and the Agency.
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(c) In order that the Agency may meet its obligations to the Federal
Government with respect to supervision or program content and technical
quailty of the work to be performed by the Commission under this contract,
theNMrk to be done by the Commission under this contract must conform in
all particulars to the purposes set forth in Appendix A and to the purposes
included in 40 U.S.C. Section 461, and it must conform to the quality,
specificity, and completeness common to like comprehensive planning projects
performed in the State of Missouri under the auspices of the Agency and the
Housing Act of 1954.
(d) In the event of any disagreement between the Commission and either
the Municipality or the Agency, the recommendation of the Agency shall pre-
vail.
ARTICLE V
EQUAL EMPLOYMENT OPPORTUNITY
In carrying out the project work the Commission will not discriminate
against any employee or applicant for employment because of race, sex,
religion, color or national origin. The Commission will take affirmative
action to insure that applicants are employed, and that employees are
tre ed during employment, without regard to their race, sex, religion,
co or national origin. Such action shall include, but not be limited
to*,e following: employment, upgrading, demotion, or transfer, recruit-
ment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including appren-
ticeship. The Commission agrees to post in conspicuous places, available
to employees and applicants for employment notices setting forth the
provisions of this nondiscrimination clause. The ConwAssion will, in all
solicitations or advertisements for employees placed by or on behalf of
the Commission, state that all qualified applicants will receive considera-
tion for employment without regard to race , sex, religion, color or national
origin. The Commission shall include similar provisions in all subcontracts
for services covered by this contract.
ARTICLE VI
INTEREST OF MEMBERS OF THE AGENCY AND OTHERS
No official or employee of the Agency or member of its governing body
who exercises any function or responsibility in connection with the under-
taking or carrying out of the project shall, prior to the completion of
the project,- voluntarily acquire any personal interest, direct or indirect,
mc y contract or proposed contract in connection with the project. If any
su member, official, or employee presently has., or in the future involun-
tarily acquires any such personal interest, he shall immediately disclose
such interest to the Agency. Upon such disclosure such member, official or
employee shall not participate in any action by the Agency affecting the
carrying out of the project. The Agency shall promptly advise the Govern-
ment of the facts and circumstances concerning any disclosure of interest
made to it pursuant to this paragraph.
No official or employee of the Agency and no official or employee of
the Municipality or of its governing body -and no other public official of
the locality or localities in which the project is situated or being
carried out who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of the project shall, prior
to the completion of the project, voluntarily acquire any personal interest,
direct or indirect, in any contract or proposed contract in connection with
the project.
ARTICLE VII
. INTEREST OF CONTRACTOR
The Commission covenants that it presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of its services hereunder. The Com-
mission further covenants that in the performance of this contract no person
having any such interest shall be employed.
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ARTICLE VIII
• ® OFFICIALS NOT TO BENEFIT
No member of or deltgate to the Congress of the United 'States of
America shall be admitted to any share or part hereof or to any benefit
to arise herefrom.
ARTICLE IX
IDENTIFICATION OF DOCUMENTS
All reports, maps and other documents completed as a part of this
contract, other than documents exclusively for internal use within the
Agency shall include the date (month and year) the document was prepared
and the name of the municipality, metropolitan area, or other planning
area concerned and shall carry the following notation on the front cover
or title page (or, in the case of maps in the same block) containing the
name of the Agency:
Urban Planning Grant Project No. CPA-MO-07-36-1023/SA-327.
This planning project contracted through the Missouri Office
of Administration.
The preparation of this report was financed in part through
a comprehensive planning grant from the Department of Housing
and Urban Development.
ARTICLE X
COPYRIGHT
No reports, maps or other documents produced in whole or in part under
this contract shall be the subject of an application for copyright by or on
behalf of the Commission.
ARTICLE XI
TERMINATION OF CONTRACT
(a) The Commission shall have completed all work covered by this
contract and this contract shall terminate as specified in the contract un-
less extended by mutual consent of the Agency and the Commission and the
Mu ryipality. In the event that work is not completed by that date and mutual
cont of the three parties for extension of the contract is not obtainable,
the following procedures shall be followed: (1) if refusal to extend is by
the Commission, paragraph (c) of this section shall apply, (2) if refusal
to extend is by the Agency or the Municipality, paragraph (d) of this section
shall apply.
(b) This contract may be terminated prior to the expiration of the
contract period mentioned by unanimous written agreement by the three parties
to this contract, or;
(c) If, through any cause, the Commission shall fail to fulfill in
a timely and proper manner its obligations under this contract, or if the
Commission shall violate any of the covenants, agreements or stipulations of
this contract, the Agency shall thereupon have the right to terminate this
contract by giving written notice to the Commission of such termination. In
such event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, reports, photographs, etc. , prepared by the Commission
under this contract shall, at the option of the Agency, become the Agency's
property and the Commission shall be entitled to receive just and equitable
com nsation for any satisfactory work completed on such documents. Notwith-
stc ng the above, the Commission shall not be relieved of liability to the
Age ..y or the Municipality for damages sustained by the Agency or the Munici-
pality by virtue of any breach of the contract by the Commission and the
Agency may withhold any payments to the Commission for the purpose of setoff
until such times as the exact amount of damages due the Agency and the tiunici-
pality from the Commission is determined.
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(d) The Agency may terminate this contract any time by a five-day
notice in writing from the Agency to the Commission. If the contract is
tenated by the Agency as provided herein, the Commission will be paid
anlwftount which bears the same ratio to the total compensation as the
services actually performed bear to the total service3 of the Commission
covered by this contract, less payments of compensation previously made.
(e) The Municipality may request termination of this contract prior
to its expiration, in writing to the Agency. If such termination is agreed
to, then cancellation shall be in conformance with the terms set forth in
paragraph (d) of this Article.
ARTICLE XII
OFFICE SPACE
The Municipality hereby agrees to make available to the Commission,
without charge to the Commission or Agency, the space needed for compiling
data from city records and the Commission hereby agrees not to include any
charge for such space in its fee. The space shall be furnished only with
available furniture and shall not include special equipment.
ARTICLE XIII
TIME OF PERFORMANCE
(a) The services of the Commission are to commence when notified in
writing by the Agency and shall be undertaken in such sequence as to assure
their expeditious completion in the light of the purposes of this contract,
but in any event all of the services required hereunder shall be completed
and submitted to the Municipality and the Agency on or before the expira-
tion of June 30, 1976.
ARTICLE XIV
COMPENSATION TO COMMISSION
(a) The Agency agrees to pay the Commission the total sum of
Nine Thousand Dollars ($9, 000. 00) for the
services set forth in Appendix A, which includes payment for -all travel and
subsistence expenses incurred in the performance of said services.
(b) The Agency will pay to the Commission the amount or amounts set
fo th in paragraph (a) which shall constitute full and complete compensation
f the Commission' s services hereunder. Such sums will be paid in the manner
de cribed in. Appendix B, which is appended hereto and made a part of this
contract, in every case, subject to receipt of a progress report and requisi-
tion for payment from the Commission specifying that it has performed the
work under this contract in conformance with the contract and that it is
entitled to receive the amount requisitioned under the terms of the contract.
(c) It is expressly understood and agreed that in no event will the
total compensation and reimbursement, if any, to be paid hereunder exceed
the maximum sum of Nine Thousand Dollars - ($9, 000. 00)__
or all the services required.
•
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d ,
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first above written.
CITY OF ERSON CI T MISSOURI MISSOURI OFFICE OF ADMINISTRATION
Maydt By
Commissioner
-*2Att s Date
MI -MI S R COUNC F
GO RN
By
irrn
Page 7 of 7pages
APPENDIX A
Scope of Services
This appendix is appended to and made a part of the contract by and
between the State of Missouri Office of Administration, the City of
Jefferson City, Missouri, and the Mid-Missouri Council of Governments
for the provision of planning services for the City of Jefferson City,
Missou ursuant to the teens hereof, said contract being dated
1975.
The Comm ssion shall do, perform, and carry out in a satisfactory
and proper manner, as determined by the Agency, the following services :
I. THE COMPREHENSIVE PLAN OF JEFFERSON CITY, MISSOURI
A review will be made of the City's Comprehensive Plan
for the purpose of updating those areas which have been
changed. or for which changes and revisions are needed. As
a minimum the following specific services shall be performed:
® a. The City's Existing Land Use Map will be brought up-to-date.
b. Emphasis will be placed on the development of Major Street
Plan policies and a current Major Street Plan Map with
explanatory text.
c. Mapping assistance will be provided for newly annexed
area (s) .
II. TWO-MILE EXTRATERRITORIAL PLANNING AUTHORITY
The Council' s technical staff will work with City and County
officials and interested citizens in implementing the City' s
two-mile extraterritorial planning authority. More specifically
the following services will be performed:
a. Coordination Meetings
The Planner shall meet with the Municipal Planning Commission,
® the City Council, the County Court and others to coordinate
the implementation efforts.
b. Base Maps
A base map of the two-mile area shall be prepared on a
permanent reproducible material. This map shall show
streets and highways, the location of platted areas, rivers,
streams and other significant features . The scale of the
map shall be compatible with existing city base map scales .
c. Existing Land Use *•
An existing lard use survey shall be conducted of the
extraterritorial area. An existing land use map shall
be prepared. The existing land use categories shall be
consistent with the city's existing land use map. The
map produced will directly relate to the updated city
existing land use map• as described in Section Ia of this
Scope of Services. .
d. Regulatory Controls
The Planner shall assist city and county officials in their
endeavors to adopt zoning, subdivision, and building regu-
lations for the two-mile area. This will include reviewing
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j
previously proposed regulations and suggesting modifications
which may be desired. The Planner will attend public
hearings and other meetings where the regulatory measures
will be considered.
}
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APPENDIX B
Method of Payment
This appendix is appended to and made a part of the contract by and
between the State of Missouri, Office of Administration, the
Mid-Missouri Regional Planning Commission, and the
City of Jefferson ciNYT Missouri ,
or the provision of lanni.n ervices i
said contract being dated / , 1975 .
The Agency will pay to the Co iss� on, as set forth in Article XV, "Compen-
sation to the Commission, " a maximum sum of ars
as the federal grant
portion of the project cost, when matched with _Thgge Thousand Dollars
as set forth in Article
II,, Municipality, paragraph (c) , which constitutes the local contribution
of the project cost, for a total contract cost of Nine Thousand Dollars
which shall constitute
Mull and complete compensation for the Commission s services hereunder.
TAgency will make advance payments to the Commission on• a quarterly basis
based on percentages of the remaining balance of the federal fund portion of
the contract, less 10 percent. At the end of each quarter, -the Commission
will submit one copy of a requisition form which document all expenditures
charges to the contract. The Agency will evaluate. work progress pertaining
to Appendix A and, afterwards, determine and process the next quarterly
payment.
The Commission shall keep an accurate record of costs incurred by it in
connection with any work or activity undertaken pursuant to - this contract,
and all such books and accounts shall be open to inspection by the Agency
or its authorized representative at any time.
A. Costs of the Commission to be reflected in such books of account and
accrued as program costs which are related to and necessary for the
satisfactory completion of this contract shall include the following:
1. all salaries and wages, including FICA, and other allowable
benefits, of all staff personnel employed by the Commission
and assigned to the work program stipulated in this contract,
2. actual costs incurred for expendable office supplies,
3. actual costs incurred for long distance telephone calls, and
4. costs incurred for travel away from the Commission's office.
B. All travel shall be related to, and necessary for, satisfactory com-
pletion of this project and subject to the following:
1. travel within the boundaries of the region shall be by private
auto,
2. travel within the boundaries of the state, but outside the
boundaries of the region shall be by commercial carrier or
private auto, whichever is deemed to be the most practical,
3. travel outside the boundaries of the state shall require prior
written approval by the Agency,
�4 . compensation for the use of private auto shall be at a maximum
rate of twelve (12) cents per mile,
Page 1 of 2 pages
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S. the cost of commercial carrier, when applicable under (2) and
(3) above, will be reimbursed.
T' commission shall supply the Agency with a quarterly requisition for
T*
which shall show: ,
1. the person, hourly salary rate, and number of days in the phase
of the planning project on which each member of the technical
staff has been working, and
2. costs incurred for:
(a) expendable office supplies,
(b) postage,
(c) long distance telephone calls,
(d) printing, and
(e) travel and subsistence.
This quarterly requisition shall be substantiated by the following and
kept by the Commission and shall be available for inspection by or
sl ission to the Agency or its authorized representative at any time:
1. copies of all actual invoices for all expendable office supplies ,
postage, and printing with check number and date of check indicated
for each,
2. the amount, date, city and person called by all long distance
telephone calls,
3. copies of all expense accounts which show that payment was for
the use of private auto, that payment was made for subsistence or
copies of payment made in the event travel was performed by com-
mercial carrier, and
9. copies of personnel time sheets that indicate date, number of
hours, hourly salary rates and services performed, approved by
the executive director or chairman of the commission.
The cost of services shall be based on a weighted salary rate paid to each
employee. Hourly salary rates shall be computed by using the annual salary
of the employee plus FICA and other allowable benefits divided by the net
t 1 number of hours annually, which is computed by taking 2080 hours
gr s and deducting the appropriate number of hours for vacation leave,
holidays, and the average number of sick days taken by the Commission
staff during the past year.
The Agency reserves the right to revert to the monthly requisition-reimburse-
ment system previously used if it is deemed necessary to ensure proper fiscal
management. In either case, a final payment composed of 10 percent of the
contract cost will be paid to the Commission after approval of the final com-
pletion report. It is expressly understood and agreed that in no event will
the total compensation or reimbursement, if any, to be paid hereunder exceed
the maximum sum of NiAe Thousand Dollars ($9,000 .00)
for all the services required.
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