HomeMy WebLinkAboutRES.1138.01-08-1996 BILL NO. 96-34 RESOLUTION NO. ;i �'`�`
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH CAPE GIRARDEAU COUNTY
ABSTRACT AND TITLE COMPANY, INC. FOR THE 1995
FLOOD BUYOUT PROGRAM
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 to execute a
Contract for Professional Services with Cape Girardeau County
Abstract and Title Company, Inc. for the 1995 Flood Buyout Program.
A copy of said Contract is attached to this Resolution and made a
part hereof.
PASSED AND ADOPTED THIS ,n�� ' DAY OF •:_,����l�, 19�.
�� u
A . Spradling, III, or
ATTEST:
,��, ' /,
k``��� j� y rl ��,t tl.'�l�L(J�.
Gayle L,� Conrad
Deputy City Clerk
CITY OF CAPE GIRA.RDEAU
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMEI�'T, made and entered into this day of January, 1995, by and between
the City of Cape Girarcleau, Missouri, a municipal corporation, hereinafter reterred to as "City"
with offices at City Hall, 401 Independence St., P.O. Box 617, Cape Girardeau, MO 63702-
0617, and Cape Girardeau County Abstract And Title Co., Inc., as hereinafter referred to as the
"Cc�ntractor".
WITNESSETH:
THAT, WHEREAS, the City desires to cngage the Cc�ntractor to render certain tecnnical
and prc�fessional title services hereafter described in Exhibit A.
WHEREAS, the Contractor made certain representations and statements to the City with
respect to the provision of such services �nd the City has accepted said proposal to enter into
a contract with the Contractor for the performance o1 scrvices by the Contractor.
NOW, THEREFORE, for the considerations herein expressed, it is agreed by and
between the Citv and the Contractor as follows:
L Scope :�t: Services. The City agrees to engage the services of the Contractor to perform
the services hereinafter set forth in connection with project described in Exhibit A.
?. Additional Services. The Ci�y may add to Contractor services or delete therefrom
activities of a similar nature to those set forth in Exhibit A. The Contractor shall undertake such
changed activities only upon the directi��n of the City. All such directives and changes shall bc
in written iorm and apprc�ved by the City and shall be accepted and countersigned b}� the
Contract��r or its agreed representatives.
3. Existin�� Data. All information, data and reports as are existing, available and necessary
l��r the carrying out of the work, shall be furnished to the Contractor without charge by the CitS�,
and the City shall cooperate with the Contractor in every reasonable way in carrying out the
scope of services. The Contractor shall not be liable for the accuracy of the information
furnished by the City.
4. Personnel to be Provided. The Contractor represents that Contractor has or will secure
at its expense all personnel required to pertorm the services called for under this co�tract by the �
Cc�ntractor. Such personnel shall not be employees of or have any contractual relationship with
the City except as employees of the Contractor. A11 of the services required hereunder will be
performed by the Contractor or under the Contractor's direct su�ervision and all personnel
engaged in the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be
subcontracted except as �rovided in Exhibit A without the written approval ot the City.
�. N<�ticc t�� Prc�ceed. The services of the Contractur shall commence as directed in the
Notice of Proceed and shall be undertakcn and completed in accordance with the schedule
contained in Exhibit A.
6. Compensation. The City agrees to pay the Contractor in accordance with the terms set
forth in the price sheet submitted by the Contractor and contained in Exhibit B, which sha11
constitute complete compensation for all services to be rendered under this contract. The final
payment will be subject to receipt of a requisition for payment and a statement of services
rendered certifying that the Contractor fully performed all work to be paid for in such progress
payments in ce�nformance with the contract. Such compensation will be paid in progress
payments. No change in compensation shall be made unless there is a substantial and significant
difference between the work originally contemplated by this agreement and the work actually
reyuired.
7. Failure to Perform. Cancellation. If, through any cause, the Contractor shall fail to
fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall
violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon
have the right to terminate this contract by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least five (5) days before the effective
day of such termination. The Contractor may without cause terminate this contract upon 30 days
prior written notice. In either such event all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
Contractor under this contract shall, at the option of the City, become its property, and the
compensation for any satisfact�ry work completed on such documents and other materials shall
be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to
the City for damages sustained by the City by vi�tue of any such breach ot contract by the
Contractor.
8. Assi�nment. The Contractor shall not assign any interest in this contract, and shall not
transfer any interest in the same (whether by assignment or novation), without prior written
consent ot the City thereto. Any such assignment is expressly subject to all rights and remedies
of the City under this agreement, ircluding the right tc� change or delete activities from the
contract or to terminate the same as provided herein, and no such assignment shall require the
City to give any notice to any such assignee of any actions which the City may take under this
agreement, though City will attempt to so notify any such assignee.
9. Confidentialitv. Any reports, data or similar information given to or prepared or
assembled by the Contractor under this contract which the City requests to be kept as
confidential shall not be made available to any individual or organization by the Contractor
without prior written approval of the City.
10. Nondiscrimination. The Contractor agrees in the performance of the contract not to
discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age or political affiliation, against any employee of Contractor or applicant
�
for employment and shall include a similar provision in all subcontracts let or awarded
hereunder.
11. Independent Contractor. The Contractor is an independent contractor and nothing herein
shall constitute or designate the Contractor or any of its employees as agents or employees of
the City.
12. Benefits not Available. The Contractor shall not be entitled to any of the benefits
established for the employees of the City nor be covered by the Workmen's Compensatian
Program of the City.
13. Liabilitv. The parties mutually agree to the following:
a. In no event shall the City be liable to the Contractor for special, indirect, or
consequential damages, except those caused by the City arising out of or in any
way connected with this contract. The maximum liability of the City shall be
limited to the amount of money to be paid or received by the City under this
contract.
b. The Contractor shall defend, indemnify, and hold the City harmless from and
against all claims, losses, and liabilities arising out of personal injuries, including
death, and damage to property with are caused by the Contractor arising out of
or in any way connected with this contract.
14. Documents. Reproducibles of tracings and maps prepared or obtained under the terms
of this Contract shall be delivered upon request to and become the property of the City upon
termination or completion of the work. Copies of basic survey notes and sketches, charts,
computations and other data prepared or obtained under this Contract shall be made available,
upon request, to the City without restrictions or limitations on their use. When such copies are
requested, the City agrees to pay the Contractor its costs of copying and delivering same.
15. Nonsolicitation. The Contractor warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor, to solicit
or secure this Contract, and that he has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the Contractor, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty, the City shall have the right
to annul this Contract without liability, or, in its discretion, to deduct from the Contract price
or consideration, or otherwise recover the full amount of sueh fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
16. Books and Records. The Contractor and all his subcontractors shall maintain all books,
documents, papers, accounting records and other evidence pertaining to costs incurred in
connection with this Contract, and shall make such materials available at their respective offices
3
at all reasonable times during the Contract and for a period of three (3) years following
completion of the Contract.
17. Delavs. The Contractor shall not be liable for delays resulting from causes beyond the
reasonable control of the Contractor; the Contractor has made no warranties, expressed or
implied, which are not expressly set forth in this Contract; and under no circumstances will the
Contractor be liable for indirect or consequential damages.
18. Notices. All notices required or permitted hereinunder and required to be in writing may
be given by first class mail addressed to City of Cape Girardeau, City Hall, Division of Planninb
Services, 401 Independence St., P.O. Box 617, Cape Girardeau, MO 63702-0617, and
(Appraisal Co. Name & Address)
. The date and delivery of any notice shall be the date
falling on the second full day after the day of its mailing.
EXECUTED THIS DAY OF , 19_.
TITLE INSURANCE COMPANY CITY OF CAPE GIRARDEAU
Title: City Manager
ATTEST: ATTEST:
Title: Deputy City Clerk
4
EXHIBIT "A"
SCOPE OF SERVICE
1. Prepare title commitment for approximately 49 to 65 properties in a 3 to 4 week time
period. Properties are primarily located in the Red Star and Smelterville areas. Title
commitment to include:
a. Effective date of commitment
b_ Name of Title to fee simple estate or interest in land
c_ Name of ti�le to Ieasehold interests, if any
d. Legal description of subject properiy
e_ Requirements to transfer title to the City
f. Note any known gaps or overlaps with adjoining pro�erty
g. List all taxes, assessments or liens on the property. Note: City will obtain a
verification from the Small Business Administration for any SBA loans on the
property.
h_ Easements on the Property
2. Issue title insurance for approximately 49 properties in the amount of coverage requested
by the City including the following:
a. Amount of insurance
b_ Date of Policy
c_ Name of Insured
d_ Interest acquired
e. Legal description of the property
f. Any exceptions/reservarions not insured by the policy
3. Administer the closing on approximately 49 properties including:
a. Determining final payment amount due the seller
b. Coordinating the satisfaction of liens, taxes, and assessments on the property
c_ Co�rdir:atin�� cle�sin�s ���ith tlie sellcr and the gcant <�dminis�rat<>r. Z�h� City will
issue a c1��ck to t}ie Title Company the week prior to closing. Tfle Title
ComPany will h�ld said check until the day of the closin� and distribute funds as
ncccssarv.
d. Receivin�, verifying and notarizing legal documents to complete tranSaction
e. Obtain comPleted W-9 forms from the seller. Prepare 1099-S tax forms for each
property and submit all related records.
f. Prepare closin� statement
4. Provide all personnel, olfice spac:e, meetin� rooms, notary servicc, ctc., n�ccssary tc�
perform the services listed above.
�. Schedule of services:
Notice tc� Duc By
Pmcecd
Up to 12 pro�erties in Smelterville area January y January 13
Up to 23 properties in Red Star and South
Sprigg areas lanuary 12 Januar}' 20
Up to 30 propertics in Red Star, South Spri�g,
Highway 177, and Meadowbrook areas. January 19 January �1
Additional properties as needed but not to
exceed 20 prc��c:rties. - Or� �V��k Fr��m
Notia; t� P��
EXHIB_TT "E"
2. Evaluation Process
The award of a contract resulting from this request for proposal shall be based on the
lowest and best proposal received in accordance with the evaluation criteria stated below:
2.1 Cost 50°I"o
2_2 Specialized Experience 20%
2.3 Capacity and Capability 10%
2.4 Past Record of Performance 10%�
2.5 Proximity and Familiarity 10%
PART I V
PRICE SHEET
All proposals must be as specified or equal. Any deviation from specifications must be clearly
statcd and fully described. Offeror must complete, sign and return this document with his/her
proposal.
COST PER PROPERTY:
- Letter Report $ �o �Ac�
- Title Commitment $ 5�e=
� - Title Insurance/$100.00 $ O../25� ��%oD
� `'��- Administer Closing $ 5� `�
��� - Prepare 1099 Tax Form $ 1�0 �h�-k'�,�
TURNAROUND TIME FOR CASH PROPERTY FOLLOWING REQUEST z DAYS
Contractor can submit monthly statements to the City for pa��ment for work completed.
Do you represent a disadvantaged business? YES _ NO �
NAME OF COMPANY C�x�t� �n 1 r2+�-c�cl.�A-� �.:19Lt�u� ��i�'� � r`�Z�
AGENT AND TITLE ��� .��,�j�t2,�R . U� �-�S �
ADDRESS -� O
����n � r2r�-��t�u , �� � � 10 i
TELEPHONE 335'S�� DATE/2 � —
TGNl�TU �FFEROR �