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HomeMy WebLinkAboutRES.787.01-20-1993 BILL NO. 93-14 RESOLUTION NO. )� I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MAPPING SERVICES CONTRACT WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION 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 Mapping Services Contract with the Southeast Missouri Regional Planning and Economic Development Commission. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �C��`: DAY OF ,,,y I ,x..;lt,r.,,� , 19 �-� . f _ , , : -% � rancis E. Rhodes, Mayor ATTEST: +_+ c,.�.�i<<�. �fi��Ct� Gayle" L. Conrad, Deputy City Clerk � . �� `�" �1-�e'.e^d"` _� MAPPING SERVICES CONTRACT BY AND BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND THE SOUTHEAST MISSQURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION PERRYVILLE, MISSOURI THIS AGREEM£NT, entered into this day of January, 1993, by and between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City," and the Southeast Missouri Regional Planning and Economic Development Commission, with principal offices located in Perryviile, Missouri, hereinafter refened to as the "Commis- sion," witnesseth that: WHEREAS, officials of the City of Cape Girardeau have expressed a desire to have professional assistance in ward boundary mapping and affiliated issues; and, WHEREAS, the Southeast Missouri Regional Planning and Economic Develop- ment Commission has technical staff capabilities to provide such assistance; 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 City hereby agrees to engage the Commission and the Commission hereby agrees to do, perform, and carry out, in a professional manner, as set forth in the "Scope of Services" as defined in the attached Appendix A (which is appended hereto and made a part of this contract) in connection with provision of technical assistance services for the Citv. , Page 1 of ]0 pages (b) The Commission shall perform all of the necessary services provided under this contract in connection with and respecting the following area: ali of that area lying within the corporate boundaries of the City of Cape Girardeau, Missouri. (b) The Commission will furnish a professionally qualified person who shall be called the Planner-In-Charge. All of the services required hereunder shall be perfonned under the direction of the Planner-In-Charge. T'he Commission's staff shall furnish personal services and time in the amount necessary to accomplish effectively the adminis- trative work proposed in this contract. The Commission shall secure at its own expense ali personnei required to perform the services under this contract. Personnel perfonning or supervising the performance of engineering, architectural, legal, or other similar pro- fessional services, who by statute are required to meet state qualifications, shall be registered or licensed when so required. The Planner-In-Charge of the work program covered by this contract shall be Thomas G. Tucker. In the event the Planner-In-Charge of this project shall die or otherwise become unavailable for any cause, the Commission shall furnish another Planner-In-Charge. (d) The work done by the Commission's staff shall be under the supervision of the Executive Director of the Commission or such a qualified person as shall be designated by the Commission and with concurrence of the City of Cape Girardeau. (e) None of the work or services covered by this contract shall be subcontracted without prior written approval of the City. (� The scope of 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 City shall prevail. No modification of the terms of this contract shall be made that would change the total contract price, unless such changes, including any increase or decrease in the amount of the Commission's compensation, are mutually agreed by and between the Commission and the City and shall be incorporated in written amendments to this contract. (g) The activities of the Commission's staff and associates shall be fully coordinated with the activities of the City. (h) The Commission shall provide copies of all interim and final maps to the City, as set forth in Appendix A of this contract. (i) The Commission shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same, without the prior written consent of the City; provided, however, that claims for money due or to become due the Commission from the City under this contract may be assigned to a bank, trust company or other Page 2 of 10 pages �nancial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. (j) Any maps prepared or assembled by the Commission under this contract which the City requests to be kept confidential shall not be made availabie to any individual or organization by the Commission without the prior approval of the City. (k) The Commission shall save harmless the City from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in conseyuence of any neglect or misconduct by the Commission of any employee, or on ac- count of any claims or amount recovered by an infringement of patent, trademark, or copyright,or"Workmen's Compensation Laws" or any other laws. The Commission shall not be released from such responsibility until all ciaims have been settled and suitable evidence to this effect being fumished to the City. (1) The Commission will repay any payments which, at any time the project is audited or at the time of final audit, are determined to be ineligible under this contract by the Commission's auditing firm. (m) The representative of the Commission, authorized by the Commission to execute and administer the terms and conditions of this contract, shall be Thomas G. Tucker, Executive Director, or if the position of Executive Director be vacated, the person authorized by the Commission as Acting Executive Director. ARTICLE II CITY (a) The City agrees to make available to the Commission all maps, records and data on file that will assist the Commission in the discharge of the services herein contracted. (b) The City and its officials shall cooperate with the Commission in the discharge of their responsibilities under this contract and will be available for consultation with the Commission's staff at such reasonable periods so as not to conflict with their own responsibilities. (c) Officials of the City agree and understand that neither the Commission nor its staff will complete any actual engineering as a part of this drafting services contract. (d) The Commission agrees to provide the necessary technical and administrative services under this contract for a sum not to exceed Five Thousand Dollars ($5,000.00), Page 3 of 10 pages with the provision that the Commission will be paid on a monthly basis, and in no in- stance shall compensation paid to the Commission exceed Five Thousand Dollars ($5,000.00) unless mutually agreed to by the contracting parties. This contract shall be a cost-reimbursable contract and the Commission will bill the City for direct and indirect staff time, prorated overhead costs, travel, copying, blueprinting and other direct costs associated with carrying out the intent and purpose of this contract. ARTICLE III EQUAL EMPLOYMENT OPPORTUNITY In carrying out the project work, the Commission will not discriminate against the employee or applicant for employment because of age, disability, race, sex, religion,color or nationai origin. The Commission will take affirmative action to ensure that applicants are employed, and that empioyees are treated during employment, without regard to their age, disability, race, sex, religion, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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 Commission will, in all solicitations or advertisements, state that all qualified applicants will receive consideration for employment without regard to age, disability,race, sex, reli- gion, color or national origin. The Commission shall include similar provisions in all subcontracts for services covered by this contract. ARTICLE IV INTEREST OF MEMBERS AND EMPLOYEES OF THE COMMISSION AND THE CITY AND ITS OFFICIALS AND EMPLOYEES No officer or employee of the Commission or member of its governing body who exercises any functions or responsibilities in connection with 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. If any such mem't�er, officer, or employee presently has, or in the future voluntarily acyuires, any such personal interest, he shail immediately disclose such interest to the City. Upon such disclosure, such member, officer or employee shall not participate in any action by the Commission affecting the carrying out of the project. Page 4 of 10 pages No official or employee of the Commission and no official or employee of the City or 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 V OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress of the United States of America nor the Legislature of the State of Missouri shall be permitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE VI COPYRIGHT AND DISPOSITION OF ORIGINAL MAPS (a) No maps 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. (b) All original maps prepared by the Commission under the terms of this contract, shall be deemed to be the property of the City. Any such original materials shall be delivered to the City Manager upon completion of the project. The Commission shall retain the right to reproduce any such original materials and retain any such reproductions for its records. ARTICLE VII 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 unless extended by mutual consent of the City and the Commission. In the event that work is not completed by that date and mutual consent of the two parties for extension of the contract is not obtainable, the Page 5 of ]0 pages following procedures shall be foilowed: (1) if refusal to extend is by the Commission, paragraph (c) of this section shall apply; (2) if refusal to extend is by the City, paragraph (d) of this section shall apply. (b) This contract may be terminated prior to the expiration of the contract period specified by unanimous written agreement by the two 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 Ciry shall thereupon have the right to terminate this contract by giving written notice to the Commission of such termination. In such event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, et cetera, prepared by the Commission under this contract shall become the City's property and the Commission shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Commission shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Commission and the City may withhold any payments to the Commission for the purpose of set off until such time as the exact amount of damages due the City from the Commission is determined. (d) The City may terminate this contract at any time by giving a written five (5) day notice to the Commission. If the contract is terminated by the City as provided herein, the Commission will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Commis- sion covered by this contract, less payment of compensation previously made. ARTICLE XIII TIME OF PERFORMANCE (a) The services of the Commission are to commence when notified in writing by the City and shall be undertaken in such sequence as to assure their expeditious completion in relation to the purposes of this contract, but in any event, all of the services required hereunder shali be completed and submitted to the Ciry on or before the expir- ation of thirty (30) calendar days following the date of execution of this contract. (b) If the work specified under the terms of this contract is not completed within thirty (30) consecutive calendar days following the date of execution of this contract, through no fault of the Commission, the City's authorized representative shall have the authority to extend this contract by a period not to exceed fifteen (15) days. Any such Page 6 of 10 pages extension shall be issued to the Commission in writing and properly entered in the City's records regarding this contract. ARTICLE IX COMPENSATION TO THE COMMISSION (a) It is agreed between the parties that the City shall pay to the Commission all expenses incurred in the execution of the work specified under this contract, which sum shall not exceed Five Thousand Dollars ($5,000.00) uniess mutually agreed to by the con- tracting parties. All requests for reimbursement under the terms of this contract shall be submitted to the City in writing. (b) Costs incurred prior to the execution of this contract may be considered as eligible project costs, provided they are incurred in conformity with the provisions of this contract. (c) In addition to charges for staff time required for carrying out the intent and purposes of the contract, other charges such as those for administration and bookkeeping, auditing, supplies, telephone charges, general overhead costs, and the like shall be considered to be eligible costs chargeable to the contract. Eligible costs shall include payment for all travel and subsistence expenses incurred in the performance of said services. Schedule of Compensation Payments to the Commission authorized under the terms of this contract shall be made in monthly payments in accordance with billings submitted by the Commission. When the specified work is completed, either before, after or within the basic period of the contract, the Commission shall notify the City of final billing in writing and the City shall acknowledge compietion of the work and termination of the contract in writing sub- mitted to the Commission with the final reimbursement. Page 7 of 10 pages IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF CAPE GIRARDEAU, SOUTHEAST MISSOURI REGIONAL MISSOURI PLANNING AND ECONOMIC DEVELOPMENT COMMISSION �/,��,r-�a�.C� sy By �.�__ J. RONALD FISCHER, THOMAS G. TUCKER, City Manager Executive Director Attest Attest � MARY THOMPSON, KATHLEEN M. KRONE, City Clerk Executive Secretary Page 8 of 10 pages APPENDIX A Scope of Services This Scope of Services is appended to and made a part of a contract by and between the City of Cape Girardeau, Missouri, and the Southeast Missouri Regional Planning and Economic Development Commission for provision of technical assistance and administrative services; pursuant to the terms hereof, said contract being dated January , 1993. 1. VERIFICATION OF ZONE BOUNDARIES The Regional Planning Commission's staff will verify the "zone" boundaries that were included in the initiative petition in the election which was approved by the voters of the City of Cape Girardeau, in consultation with the Clerk of Cape Girardeau County. 2. PLOTTING POPULATION AND LOCATION The Regional Planning Commission's staff will prepare on mylar overlays to the existing City base map, which was previously prepared by the Commission's staff and updated on a regular basis, the location of population from the 1990 Census of Population as prepared by the U. S. Census Bureau. The information will be plotted, as reported in the census data information, on a City block basis so that accurate population information will be available for use in establishing wazd boundaries. It is to be recognized that the zones that were approved by the voters on November 3, 1992, were based on previous ward boundaries as they existed on January 1, 1989, in the City of Cape Girardeau, and as such, these boundaries do not reflect equal popu(ations among the wards in accordance with the one-man, one-vote rule. 3. CALCULATION OF POPULATION BY PRECINCTS DEVELOPED BY THE CLERK OF CAPE GIRARDEAU COUNTY The Commission's staff, upon plotting of the location of the population, will tabulate the population of the precincts developed by County Clerk Rodney Miller in order to determine the closeness of the populations from one precinct to another as a part of the ward boundary determination project. Upon completion of the calculations, the Commission's staff will meet with County Clerk Rodney Miller to make any adjustments in accordance with the recommendations from the Regional Planning Commission's staff. In accordance with directives from the City, the ward boundary work will ensure that the three present Council members are to be retained on the City Council after the forthcoming election will be in separate wards in the ward boundary distribution. Page 9 of 10 pages 4. COORDINATION WITH THE WARD BOUNDARY COMMITTEE Upon completion of the proposed ward boundaries and meeting with County Clerk Rodney Miller, a draft copy of the proposed ward boundaries will be delivered to the City's Ward Boundary Committee for review. Personnel from the Southeast Missouri Regional Planning and Economic Development Commission will be available to describe the process that was utilized in determining the proposed ward boundaries and to answer any questions with regards to the proposed ward boundaries and the population composition. After the Ward Boundary Committee has had an opportunity to review the information and maps prepared by the staff of the Southeast Missouri Regional Planning and Economic Development Commission, the Commission's staff will make any changes and/or corrections that are desired by the committee within the context of retaining eyual representation in the wards for final presentation to the City of Cape Girardeau. 5. PREPARATION OF FINAL POPULATION DISTRIBUTION AND WARD BOUNDARY MAP OVERLAYS The Commission's staff will prepare original map overlays to the City's 1" = 1,200' base map which will depict the location of the population by City block, based upon U. S. Census Bureau 1990 census information. Additionally, the Commission's staff will prepare a ward boundaries overlay to the same 1" = 1,200' base map which will depict the proposed ward boundaries, along with the names of the major arteries, streams or other features that are followed in determination of the ward boundaries. 6. PREPARATION OF WRITTEN BOUNDARY DESCRIPTION The Commission's staff will also prepare a written boundary description of each of the recommended ward boundaries which will be adequate to present to the voters of the City, describing each ward boundary by streets, creeks, subdivision boundaries, or other identifiable natural or manmade features. 7. MEETINGS AND COORDINATION The Commission's staff will be available for meetings with the staff of the City of Cape Girardeau, its elected and appointed officials, and the Wazd Boundary Committee on sufficient occasions to be able to carry out the intent and purposes of this contract. Page 10 of 10 pages