HomeMy WebLinkAboutR-2012-065 Agreement with Briarcliff for Maintenance RESOLUTION NO. R-2012-065
A RESOLUTION APPROVING AN AGREEMENT WITH BRIARCLIFF DEVEL�PMENT
COMPANY FOR MAINTENANCE OF THE LINEAR PARK IN AN AMOUNT NOT T� EXCEED
$15,OQ0 PER YEAR
WHEREAS, the City and Briarcliff Development Company ("Developer") entered into a
Redevelapment Agreement dated August 14, 2007, as amended, (the "Redevelopment
AgreemenY') where in the parties provided for certain rights and obligations of the pa�ties with
respect to the construction and maintenance of a Linear Park along NW Platte Drive between
the Riverside City Limits and NW Riverside Drive within the City of Riverside (°Linear Park");
and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to sstablish
the rights and responsibilities of the City and Developer with regard to maintenance of
landscaping along the Linear Park and to further approve a supplemental agreement with
Developer to provide enhanced trail maintenance of the Linear Park for safety, practicality,
sustainability and aesthetics of the City in substantially the same form as set forth in Exhibit "A"
attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT an Agreement between the City and Briarcliff Devefopment Company in
substantially the same form as set forth in Exhibit "A" attached hereto is hereby approved and
authorized; and
FURTHER THAT the City Administrator, Mayor andlor Finance Director are hereby
authorized to execute all documents necessary or convenient to carry out the terms and
conditions of such agreement and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by tl�g �oard of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the �{���'day of May, 2012.
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° � - Mayor Kathleen L. Rose
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" AaTEST: •
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City Clerk Approved as to Form:
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N nF,y�Thom� on, City Attorney
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ANNUAL APPROPRIATIONS AGREEMENT
This annual appropriations agreement between Briarcliff Development Company (the
"Developer") and the City of Riverside, Missouri (the "City") is made and entered into as of this �� �ay
of May, 2012.
WHEREAS, the City and the Developer entered into a Redevelopment Agreement dated August
14, 2007, as amended, (the "Redevelopment Agreement") wherein the parties provided for certain
rights and obligations of the parties with respect to the construction and maintenance of the Linear
Park; and
WHEREAS, Section 3A(c) of the Redevelopment Agreement provides the City and Developer
may enter into a written agreement to provide for reimbursement of costs and expenses incurred by
Developer in maintenance of the Linear Park; and
WHEREAS, the parties desire to enter into a supplemental agreement for Developer to provide
enhanced trail maintenance of the Linear Park for safety, practicality, sustainability and aesthetics of the
park;
NOW, THEREFORE, in consideration of the premises and promises contained herein and other
good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Maintenance. Developer will provide maintenance of the Linear Park in the area of the
park located along NW Platte Drive between the Riverside City Limit and NW Riverside Drive
under the following terms and conditions
a. Maintenance activities and responsibilities shall be limited to the landscaped areas
and not to any of the trail infrastructure. The work may include, but not be limited
to: erosion control, debris removal, trash pick-up, dead tree removal, weed
removal, and removal of vegetation to expose rock bluff.
b. All employees or sub-contractors of Developer shall be capable of being identified
as an empioyee or subcontractor of Developer through visual identification during
all times such employee or subcontractor is performing park maintenance.
c. Maintenance activities shall be conducted on an as needed basis between the hours
of 7:00 am and 5:00 pm.
d. Work shall be performed between April 1 and November 1 of each year this
agreement remains in effect.
e. Developer shall provide City with a monthly invoice for maintenance activities that
clearly identifies the date�s) and number of hours work was performed during the
preceding month.
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f. Developer shall provide all supervision of employees or sub-contractors performing '
work hereunder and direct such day to day activities to ensure compliance with the
terms of this agreement.
g. Developer shall ensure that ali employees and sub-contractors represent the City
and Developer in a professional, courteous and friendly manor. '
2. Pavment. The City will reimburse Developer for such services at the rate of $20 per hour,
not to exceed 750 hours per calendar year ($15,000). In no event shall the annual obligation
of City exceed $15,000 per calendar year, unless otherwise agreed to in writing by the
parties in advance of the performance of such services. The hourly payment by the City
shall include all materials and supplies necessary to maintain the park. The City will not
reimburse any other costs and expenses of Developer associated with such maintenance.
3. Insurence. Developer shall, at all times during the performance of any of the work
contemplated hereunder, maintain not less than the following insurance coverages and
amounts naming the City as an additional insured:
a. COMMERCIAL GENERAL LIABILITY - Developer shall provide coverage for Developer
and its employees, subcontractors and independent contractors, City, its
employees, officers, and agents against claims for damage to property and/or illness
of, injury to, or death of any person or persons related to or arising out of the Work.
Such coverage shall have not less than the following limits:
i. Each occurrence $1,000,000.00
ii. General aggregate $2,000,000.00
iii. Products/completed operations aggregate $2,000,000.00
iv. The following coverage shall be included:
1. Blanket contractual liability
2. Products/completed operations
3. Personal/advertising injury
4. Broad form property damage
5. Independent contractors
6. Explosion, Collapse, and Underground Damage
b. AUTOMOBILE LIABILITY - Developer shail provide coverage for Developer and its
employees, subcontractors and independent contractors, City, its employees,
officers, and agents against claims for bodily injury and/or property damage arising
out of the ownership or use of any owned, hired, and/or non-owned vehicle and
shall include protection for any auto, or all owned autos, hired autos, and non-
owned autos. The coverage shall have not less than a combined single limit of
$1,000,000.00 for each accident.
c. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall
protect Developer against all claims under applicable state workers' compensation
laws. Developer also shall be protected through employer's liability coverage against
claims for injury, disease, or death of employees which, for any reason, may not fall
within the provisions of a workers' compensation law. The limits shall not be less
than the following:
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i. Workers' Compensation Statutory '
ii. Employer's Liability:
1. Bodily injury by accident $1,400,000.00
2. Bodily injury by disease $500,000.00 each employee
4. Affidavit of Particiaation in Federal Work Authorization Pro¢ram Developer i
acknowledges that Section 285.530 RSMo prohibits any business entity or employer from
knowingly employing, hiring for employment, or continuing to employ an unauthorized alien
to perform work within the State of Missouri. Developer therefore covenants that it is not
knowingly in violati�n of Section 285.530 RSMo and that it will not knowingly employ, hire
for employment or continue to employ any unauthorized aliens to perform the work under
this agreement, and that its employees are lawfully eligible to work in the United States.
Developer will execute an affidavit and provide documentation of participation in the
Federal Work Authorization Program in the form attached hereto as Exhibit A.
5. Release and Indemnitv. The Developer releases from and covenants and agrees that the
City and its governing body members, officers and employees shall not be liable for and
agrees to indemnify and hold harmless the City and such governing body members, officers
and employees against any and all claims, demands, liabilities and costs, including
reasonable attorneys' fees, costs and expenses, arising from damage or injury, actual or
claimed, to persons or property occurring or allegedly occurring as a result of any act of
Developer, its employees, independent contractors or subcontractors in connection with the
activities conducted pursuant to this Agreement. The indemnification provisions contained
herein shall survive termination of expiration of this Agreement.
6. Savereian Immunitv. Nothing contained herein shall be deemed a waiver of the City's
sovereign immunity.
7. Safetv Developer shall be responsible for all safety measures or precautions deemed
necessary or advisable which are associated with the performance of the work in order to
protect the public, Developer's employees, subcontractors or independent contractors.
8. Performance of Work. All work performed by Developer hereunder shall be in a
professional and workmanlike manner. Access to the trail by the public shall not be
impeded or interfered as a result of the work or services performed.
9. Servants and Aeents. Any contractors or persons performing any work on the linear park
on behalf of Developer shall be deemed servants and agents of Developer for purposes of
this Agreement.
10. Termination. The City or Developer may terminate this agreement without cause upon
thirty (30) days written notice to the other party. The City or Developer may terminate this
Agreement without notice for any default or breach of the obligations by the other party
contained herein.
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11. Annual Aparopriation. Notwithstanding any other term or provision of this Agreement,
payments hereunder are subject to annual appropriation of the Ciry. The City shall not be
obligated to make any payment hereunder unless such funds are appropriated in the annual
budget adopted by the Board of Aldermen and funds are available for such purposes from
the general revenues of the City. ,
12. Notice. Any notice required by this Agreement shall be given in written and shall be hand
delivered or sent by United States first class mail, postage prepaid, addressed to the
appropriate party at its address set forth below, or at such other address as such party shall
have last designated by notice to the other. Notice shall be deemed given when delivered
or three (3) days after mailing.
For the Developer:
James Dorman, President
Briarcliff Development Company
1300 NW Briarcliff Parkway—Suite 250 '
Kansas City, Missouri 64116
For the City:
City Administrator
Riverside City Hall
2950 NW Vivion Rd
Riverside, MO 64150
13. Entire Asreement. The parties agree that this Agreement constitutes the entire agreement
between the parties and that no other agreements or representations other than those
contained in this Agreement have been made by the parties. This Agreement shall be
amended only in writing signed by the parties.
IN WITNE55 WHEREOF, the City and the Developer have caused this Agreement to be executed
in their respective names and the City has caused its seal to be affixed thereto, and attested to as of the
date first above written.
CITY F RIVERSIDE, MISSOURI
Kathleen L. Rose, Mayor
Attest:
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Robin Littrell, C ty Clerk
BRIARCLIFF DEVELOPMENT COMPANY
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James Dorman, President �'�'� �
Ft��- S�y� A�MI.�
11. Annual Appropriation. Notwithstanding any other term or provision of this Agreement,
payments hereunder are subject to annual appropriation of the City. The City shall not be
obligated to make any payment hereunder unless such funds are appropriated in the annual '
budget adopted by the Board of Aldermen and funds are available for such purposes from
the general revenues of the City.
12. Notice. Any notice required by this Agreement shall be given in written and shall be hand
delivered or sent by United States first class mail, postage prepaid, addressed to the
appropriate party at its address set forth below, or at such other address as such party shall
have last designated by notice to the other. Notice shall be deemed gi�en when delivered
or three (3) days after mailing.
For the Developer:
James Dorman, President
Briarcliff Development Company ,
1300 NW Briarcliff Parkway—Suite 250
Kansas City, Missouri 64116
For the City:
City Administrator
Riverside City Hall '
2950 NW Vivion Rd
Riverside, MO 64150
13. Entire A�reement. The parties agree that this Agreement constitutes the entire agreement
between the parties arid that no other agreements or representations other than those
contained in this Agreement have been made by the parties. This Agreement shall be
amended only in writing signed by the parties.
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed
in their respective names and the City has caused its seal to be affixed thereto, and attested to as of the
date first above written.
CITY OF RIVERSIDE, MISSOURI
Kathleen l. Rose, Mayor
Attest:
Robin Littrell, City Clerk
BRI LIF D VEL PMENTCOMPANY
1a e orman, President
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AFFIDAVIT
(as required by Section 285.530, Revised Statutes of Missouri)
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within
the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland Security or
an equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, under the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingiy or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person
is aware of the nature of the person's conduct or that those circumstances exist; or
(b) with respect to a result of the person's conduct when the person is aware that the
person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under
federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
State of �'►1 I 55 o u f�. � )
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County of CLA-y )
BEFORE ME, the undersigned authority, personally appeared
1a1,n� s Dorh�a.h.. , who, being duly sworn, states on his/her oath or
affirmation as follows:
1. My name is SMES �o ¢.rtA�V and I am currently the President of
Briarcliff Development Company, whose business address is1300 NW Briarcliff
Parkway — Suite 250, Kansas City, Missouri 64116, and I am authorized to make this
Affidavit.
2. I am of sound mind and capable of making this Affidavit, and am personally
acquainted with the facts stated herein.
3. Company is enrolled in and participates in a federal work authorization program
with respect to the employees working in connection with the following services
contracted between Contractor and the City of Riverside: Linear Park Maintenance
Aqreement.
4. Company does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services set forth above.
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5. Attached hereto is documentation affirming Company's enrollment and
participation in a federal work authorization program with respect to the employees
working in connection with the contracted se ices.
Further, Affiant saith not.
Si re of Affi�q�- ����
P inted Name: �J/�AteJ
Subscribed and sworn to before this 15� day of � ,2012.
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Notary Public
My Commission Expires:
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Notary Public - Notary Seal
State of Missourl
Commissioned fa Clay C
�Cammissbn Number.119�
`PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2
pages of the E-Verify Memorandum of Understanding:
1. A valid, completed copy of the first page identifying the Contractor; and
2. A valid copy of the signature page completed and signed by the Contractor, and the
Department of Homeland Security - Verification Division.
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5/16/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGNTS UPON TNE CERTIFICATE HOLDER. THIS '
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
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REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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Bukaty Property 6 Casualty Services Iac. PHONE .(g13)345-0440 F � .1913)3�5-2608
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COVERAGES CERTIFICATE NUMBERCL3251611629 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POIICIE3 BE CANCELLED BEFORE
THE IXPIRATION DATE TNEREOF, NOTICE WILI BE DELNERED IN
ACCORDANCE WITH THE POLICY PROVISION3.
� City of Rivarsido
AUTHORIZED REPREDENTATNE
Dian� Sh�ph�rd/DIANE '�.
ACORD 25 (2010I05) � 1988-2010 ACORD CORPORATION. All tlghts reserved.
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AcoROm CERTIFICATE OF LIABILITY INSURANCE ° os i�ol"Z' '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS '
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES '
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certifieate holder is an ADDITIONAL INSUREO, the policy(iss) must ba endorsed. If SUBROGATION IS WAIVED, suhJact to
the tsrtns and condRions of the poliey, eerlaln pollcies may requi►e an endorsement. A statement on this csrttflcate doss not confor rights to fhe
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COVERAGES CERTIFICATE NUMBER: 2�16�29� REVISION NUMBER:
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INDICATED. NOiWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES �ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI� CLAIMS.
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DE6GRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Nheh ACORD 707, Adtlltlenal R�m�rlu ScMdW�, M mon sp�a Is rsqulnd�
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CERTIFICATE HOLDER CANCELLATION
SHOULO ANY OF THE ABOVE DESCR18E0 POLICIES BE CANCELLED BEFORE
City o= Riwraid�, llissousi THE D�IRATION DATE THEREDF, NOTICE WILL BE DEWERED IN
ACCORDANCE WITM THE POLICY PROVISION3.
2950 !1N Vivion Aoad AUTFIORRlD REPRESENTATNE
Riwrdd�, NO 64150 �� �j��
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ACORD 25 (20101D5) The ACORD name and logo aro registered marks of ACORD
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SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE
OS/17/2012
NAME OF INSURED: g=iarcliff D�wlopm�nt Company
Gr��nsida Snvsrtmsnts, •.*.r
9ddftional Descrintinn of Ooerations/Remarka from Paae 1:
Additional Infortn ation •
G�naral Liability
-1ldditional Insured par lorm 421-0080 (01/03)
SUPP (OS/04)
Robin Littrell
From: Gregory Mills
Sent: Thursday, March 20, 2014 8:35 AM
To: Robin Littrell
Subject: Trails Agreement
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From Gregory Milis
Sent: Wednesday, March 19, 2014 08:12
To: Richie Benninghoven (rcbCalbriarcliffkc.com)
Subject: Trails Agreement
Richie:
The trails maintenance agreement we executed with Braircliff in May of zoi2 provided that the
agreement can be terminated by either side without cause following a 3o day notice. Based upon my
recommendation, the Board voted last night to exercise that option. While the agreement provides
for maintenance to begin on April ist of each year and since that is only i3 days away, I prefer that no
other work under this agreement occur.
Thanks Richie. Any questions, let me know.
Greg
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