HomeMy WebLinkAbout90-117 JUNE 7 , 1990 90-117 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ARCHITECTURAL SERVICE AGREEMENT/
COMM�RCIAL REHABILITATION PROGRAM
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the appropriate City officials are hereby authorized to
enter into the attached agreement with David F. Maher of Maher
Architectural Systems to provide architectural services to
businesses in targeted areas under the Commercial Rehabilitation
Program. Money for this purpose is hereby appropriated from the
Community Development Block Grant Commercial Rehabilitation
accounts as long as the Program is funded.
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SO���iii7'�;D BY
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, y Res. 90-117
AGREEMENT FOR ARCHITECTURAL SERVICES
COMP-1ERCIAL REHABILITATION PROGRAM
This Agreement made this �� day of -oZ.� , 19�QQ, by and
between the City of Oshkosh, a Wisconsin municipality ("CITY") and
�Vlc� ��^uu��c Mah�,r ( "ARCHITECT" )
WITNESS�TH:
WHEREAS, the City has �stablished a Commercial Rehabilitacion
Program and has adopted revised guidelines for implementation of
the program, and
WHEREAS, the City desires t� reta�.n the services of an
architect to assist participating merchants in designing their
improvements ,
NOW, THEREFORE, in consideration of the mutual covenants,
promises and conditions herein, the City and Architect agree as
follows :
1. �Q�E .�F �ERVICES. Architect shall provide initial design
work for eligible merchants who participate in the Commercial
Rehabilitation Program. The Department of Community Development of
the City shall provide Architect with its assignment in detail for
each individual project. Said Department sha11 supervise the
Architect's work which shall comply in all respects to the
provisions of the current Commercial Rehabilitation Program
guidelines as adopted by the Common Council of the City.
2. COMPARISON. Architect shall receive for its services
compensation at its usual hourly rate but in no event shall payment
exceed $500.00 for any one project. Architect shall submit an
itemized billing to the Department of Community Development on a
quarterly basis. Said Department shall have the sole authority and
discretion to cleterrnine the reasonableness of each billing prior to
referral for payment to the Finance Director of the City.
3. �NITIATION Q� PROJECT. No work on any individual project .
shall be commenced by Architect until written authorization to
proceed is issued by the Department of Community Development. Said
authorization shal 1 detail the scope of services to be rendered by
Architect for said project. Prior to initiation of any work,
Architect shal 1 provide a written estimate of the cost of said work
to be performed together with a written acceptance by Architect of
the authorization. Payment shall be as provided in paragraph 2
herein but shall not exceed, in any event, 10 percent above the
written estimate.
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, Res. 90-117 �
" 4. TER��N�T�QI�. This agreement may be terminated by either
party by giving 30 days notice in writing to the other party of its
intent to terminate this agreement. Said notice shall be clelivered
personally or by certified mail , return receipt requested, to the
other party at its regular place of doing business .
5. INDE�NIFICATION. Architect shall protect and hold the
City .harmless against al 1 actions, claims and demands of any kind
or character which may arise from Architect's performance of this
agreement and, further, shall indernnify the City for all sums which
the City may be obliged or adjudged to pay on any such actions,
.claims or demands, including attorney fees within 30 days of the
date the City became so obliged or adjudged.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed by the proper officers of each party arid
their corporate seals to be hereunto affixed al 1 on the day and
year First above writteri; then if first party is a corporation or
partnership, the signing of this agreement shall constitute a
warranty by the person (s) so signing the proper authority so to do .
In the presence of:
Signatur of sole proprietor , or
name of corporation or partnership
President or Partner
Secretary
CITY OF OSHKOSH
. By:
William D. Frueh, City Manager
And:
Donna C. Serwas , City Clerk
I hereby certify that the necessary
provisions have been made to pay the
liability that will accrue under
this contract:
Edward A. Nokes , City Comptroller
Approved as to form:
Warren P. Kraft, Asst. Ciry Ai�torney
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