HomeMy Public PortalAboutExhibit MSD 56 - Law Offices of John G. Heimos ContractExhibit MSD 56
Article 5. PAYMENT
The Director of Finance or a designee of their choice shall review each
statement. Upon approval by the Director of Finance or designee of all or part of
the fees and expenses submitted by the Contractor, the District shall pay within
thirty (30) days to the Contractor the amount so approved.
Article 6. INDEPENDENT CONTRACTOR
The Contractor shall be an independent Contractor for all purposes, and shall be
entitled to no compensation other that the compensation provided under this
contract.
Article 7. HOLD HARMLESS
The CONTRACTOR shall keep the DISTRICT free and harmless from payment of
any damages, costs, expenses, royalties, patent fees, attorneys' fees, or sums of
money whatsoever by reason of the Contractor's negligent performance of
duties in connection with this project or agreement. In the event of joint or
concurrent negligence of Contractor and the District, each shall bear that portion
of the loss or expense that its share of the joint or concurrent negligence bears
to the total negligence (including that of third parties) which results in the
claimed damages. Contractor shall not be liable for any indirect, incidental,
special or consequential damages whether grounded in tort (including
negligence), strict liability, or contract.
Article 8. INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless the District, its
Trustees and employees, from and against any and all loss, damages, liability,
costs and expenses (including but not limited to attorneys' fees) arising out of
any claim, including workers' compensation claims, suit or action against the
District for or on account of any discrimination, personal injuries or bodily injury,
including death, sustained or claimed to be sustained by any employee or agent
of Contractor due, in whole or part, to the work, or by consequence of any
hazard related to the work, or due, in whole or part, to any negligent act or
omission on the part of the Contractor or any subcontractor, their agents or
employees, related to the work and including any claim under workers'
compensation for higher wage rates for work done for the District than the
Contractor is paying to its own employees whom it provides to the District.
Article 9. SUSPENSION
If Contractor's services are delayed or suspended in whole or in part by the
Metropolitan St. Louis Sewer District or the Client's actions or inactions for more
than sixty (60) days through no fault of Contractor, Contractor shall be entitled
to equitable adjustment of rates and amounts of compensation provided for
elsewhere in this Agreement to reflect reasonable costs incurred by Contractor
in connection with, among other things, such delay or suspension and
reactivation. Said adjustment shall be in writing and signed by both parties.
Page 2 of 4 Pages
Article 10. AUTHORITY
The representatives signing of behalf of the parties certify that they are duly
authorized by the party for which they sign to make this contract.
Article 11. DISPUTE RESOLUTION
The ordinances of The Metropolitan St. Louis Sewer District and the laws of the
State of Missouri shall govern the Proposal and Contract in all respects, and any
litigation with respect thereto shall be brought in the courts in the State of
Missouri. The District and the Contractor agree to waive rights to a jury trial.
Page 3 of 4 Pages
IN WITNESS WHEREOF, the Parties hereto have caused this Instrument to be executed
in two (2) original counterparts as of the day and year first above written.
(SEAL)
Attest:
:rah,
Title
9//-
Date Signed By Contractor
The Law Offices of John G. Helms
Contractor
D�IF�c M o
Title
Approved as to Form, Office of General Counsel:
9A/V By OVAL
Date Susan Myers
fi//d—
General Counsel
I certify that this expenditure is within the appropriation to which it is being
charged and that there is an unencumbered balance in the appropriation
sufficient to pay this obligation or so much if it as may be payable during the
current fiscal year.
9
MSD
(SEAL)
Attest:
Tim Snoke
Secretary -Treasurer
n Zimmerman
Director of Finance
By
Brian Hoelscher
Executive Director/CEO
Page 4 of 4 Pages