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Home My WebLink AboutRES.997.10-24-1994 BILL NO. 94-283 RESOLUTION NO. �� % 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INTERSTATE 66 PROJECT, INC. FOR LOBBYING SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute an Agreement with Interstate 66 Project, Inc. for lobbying services. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS -�� DAY OF �.<<C��+�._, � 19 `r�` . A. M. S radling, III, ayor ATTEST: �� ,� ; f.� �/ �'rr �.�:' t � r��P_-`i'�tX Gayle 'L. Conrad Deputy City Clerk AGREEMENT T�IS AGREEMENT, m de and entered into this o�� day of �"('�hc 2.� , 19�, by and between the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as the "City" and Interstate 66 Project, Inc. , hereinafter referred to as "I-66. " WITNESSETH: 1. TERM This contract shall run for one (1) year from the date of execution. 2. SCOPE OF SERVICES I-66 will perform the following services: I-66 will create grassroots support and financial support leading to the eventual construction of the coast-to-coast highway known as the I-66 Project. I-66 will communicate with cities, counties, regional groups, and companies along the proposed corridor. This would be to create interest and subsequent support in the form of political support. One of the objectives in this effort is to insure that when these groups speak to their Congressional delegations, they all have the same goal as it relates to legislative activity. Thus, this is a coordination of the grassroots, which is vital to having an effect on Congress. After developing a reasonable and current base of support, I-66 will call on congressional delegations who are affected by this corridor. Calls also include appropriate committee members. Most of these calls consist of working with staff who have been assigned the responsibility of transportation. 3 . CONTRACT ADMINISTRATION The City designates its City Manager (or his designated alternate) as its representative to whom all communications related to the scope of work shall be directed. I-66 desiqnates Walter B. Wildman as its representative for all work performed under this contract. The representatives shall have primary responsibility and authority on behalf of each party to administer the contract and to agree upon procedures for coordinating the efforts of both parties. 4. REPORTS I-66 shall submit to the City such reports as may be requested or are necessary to inform the City of progress of the work. 5. PERSONNEL Personnel hired by I-66 to perform the services required under this agreement shall not be employees of or have any contractual relationship with the City. All of the services required hereunder shall be performed under I-66's direct supervision and all personnel engaged in the work shall be fully qualified. 6. SIIBCONTRACTING None of the work or services covered by this contract shall be subcontracted or assigned without the written approval of the City. 7. PAYMENT Contemporaneously with the execution of this Agreement, the City shall pay to I-66 the sum of Five Thousand Dollars ($5, 000. 00) as full payment for all sums to be paid to I-66 for the one (1) year term of this Agreement. 8. TERMINATION Either party may terminate this Agreement upon sixty (60) days notice in writing to the other party. In the event of termination, I-66 will refund to the City a pro rata share of its Five Thousand Dollar ($5,000. 00) fee based on the number of months remaining in this Contract. 9. INSIIRANCE During the performance of all work under this contract, or any subcontracts hereunder, I-66 shall maintain the following insurance coverage at no additional cost to the City and provide satisfactory evidence of coverage prior to the commencement of any work. 1. Workers� Compensation - as required by law: $500, 000. 2 . Comprehensive General Liability, including personal injury and contractual liability with minimum limits of: $1, 000, 000 Bodily Injury and Property Damage combined. - 2 - 3. Comprehensive Automobile Liability, including owned, non-owned, and hired cars, with minimum limits of: $1, 000, 000 Bodily Injury and Property Damage combined. All evidence issued in supporting these requirements must provide for the City as an "additional insured", with a minimum thirty (30) day notice of cancellation. All evidence of insurance is to be sent to the City Manager's Office, City Hall, 401 Independence, P. O. Box 617, Cape Girardeau, Missouri 63701. 10. DISCRIMINATION I-66 agrees in the performance of this contract not to discriminate on the basis of race, creed, color, national origin or ancestry, sex, religion, handicap, or political opinion or affiliation, against any employee of I-66 or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. INDEPENDENT CONTRACTOR I-66 is an independent contractor and nothing contained herein shall constitute or designate I-66 or any of its agents or employees as agents or employees of the City of Cape Girardeau, Missouri. I-66 shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workers' Compensation Program for the City. 12. INDEMNIFICATION AND LIABILITY The parties mutually aqree to the following: A. In no event shall the City be liable to I-66 for special, indirect, or consequential damages, arising out of or in any way connected with a breach of this contract. No claim or claims of any kind, either separately or in the aggregate, by I-66, against the City, and in any way arising out of or in any way connected with this contract, whether based on negligence or breach of contract, shall be greater in amount than the amount of compensation under paragraph 9. B. I-66 shall defend, indemnify, and hold the City harmless from and against any and all claims, losses, and causes of action arising out of personal injuries, including death, and damage to property which are incurred by any person, including the City, I-66 or any third party arising out of or in any way connected with the services performed by I-66 pursuant to this agreement. - 3 - 13 . APPLICABLE LAWS I-66 agrees to comply with all laws of the United States of America, the State of Missouri and the City of Cape Girardeau which are applicable to work being performed by I-66 under this contract. I-66 represents that it is in compliance and will remain in compliance with all state and federal laws relating to lobbying activity. 14. JIIRISDICTION The parties mutually agree that jurisdiction and venue for purposes of any action resulting from this contract by the parties shall be in the Cape Girardeau Circuit Court in Cape Girardeau, Missouri. 15. NOTICES All notices required or permitted under and required to be in writing may be given by first class mail addressed to the City Manager at 401 Independence, Cape Girardeau, Missouri 63701 and the Interstate 66 Project, Inc. at 1021 Kingsway, Suite #6, Cape Girardeau, Missouri 63701. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. CITY OF CAPE GIRARDEAU, MISSOURI � ty Manager ATTEST: / r Depu City Clerk INTERSTATE 66 PROJECT, INC. � � ��C.-'' Preside , Vir 1 Elfrink ATTEST: �� ''_ ' .�-.�-�-�-� Ernest Beussink [Typed Name & Title of Signer] SECRETARY/ TREASURER - 4 -