BOARD OF ALDERMAN WORK SESSION BOARD MEETING TUESDAY, APRIL 11TH, 2017 at 6:30 p.m. CITY HALL, 345 S. MAIN, BOLIVAR, MO 65613

CALL TO ORDER ROLL CALL PRAYER PLEDGE OF ALLEGIANCE MOTION TO ADOPT AGENDA MAYORAL APPOINTMENT, Introductions, Presentations, Resolutions and Proclamations, Citizens Requests:

 Proclamation: Recognizing the Bolivar Boys Team.

1. Approval of Election Results: a. Approving Certified Election Results. b. Swearing in Newly Elected Officials c. Appoint “Acting President of the Board of Aldermen”

2. Discuss: “nCourt” Payment Processing for Court Payments only. 3. Discuss: Prairie Heights Agreement for Maintenance Services- Sewer Collections. 4. Discuss & Approve: Warranty Information for Fans at the Pool. 5. Adjournment:

#wherelibertyflows If you have a need for special accommodations, Please contact the City Clerk’s office 24 hours prior to the meeting.

PROCLAMATION

City of Bolivar Whereas, the Bolivar High School Boys Team had a season with an outstanding record; and

Whereas, this has been a remarkable, hard-fought, and successful basketball season for the Bolivar Boys Basketball Team; and

Whereas, special commendation is due to all the team members and their families, and to Coaches Robby Hoegh; and

Whereas, we are proud to recognize Bolivar High School, its high School boys team and their coaches, and its athletic department for an outstanding basketball season.

Whereas, The Liberators captured their third straight Central Ozark Conference Small School Division title and have won 19 consecutive games against conference opposition with a program record of 27 wins; and

Whereas, the Bolivar High School Boys Team advanced to Class 4 Final and were the 2nd Place team in Class 4; and

NOW, THEREFORE, I, John F. Best, Mayor, of the City of Bolivar, with all of the citizens of Bolivar, Missouri do hereby congratulate the Bolivar High School Boys Team on season and their program record.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED TO BE AFFIXED THE SEAL OF THE CITY OF BOLIVAR, MISSOURI THIS 11TH DAY OF APRIL 2017.

______Dr. John F. Best, Mayor

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AGREEMENT FOR MAINTENANCE SERVICES

This Agreement for Services (hereinafter referred to as the “Agreement”) is made and entered into this ____ day of ______, 2017, between The Prairie Heights Area Reorganized Common Sewer District, (hereinafter referred to as “the District”), and The City of Bolivar, Missouri, a Missouri municipal corporation (hereinafter referred to as the “City.”) If the City is more than one person or entity, then each is jointly and severally liable for the terms of this Agreement.

Purpose. The purpose of this Agreement is to obligate the City to provide certain services to the District as specified below; and to obligate the District to compensate the City for its services in accordance with the terms hereof; and to establish their respective obligations to one another with respect thereto.

THE DISTRICT AND THE CITY MUTUALLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS

1. District’s Existing Sewage Collection System. The District currently owns and operates a sewage collection system in Polk County, Missouri that is subject to an existing and separate “Contract for Purchase of Sewer System” entered into between the parties to this Agreement on or about July 9, 2013. For purposes of this Agreement, references to the “District’s System” or the “Sewer System” or any similar such references will mean and refer to the sewage collection system as identified in the separate contract between the parties as set forth above, including any additions constructed thereto.

2. Scope of Services and Term.

a. Scope of Services and Limitations. Subject to any limitations contained herein, the City hereby agrees to perform all maintenance and repairs to the District’s System as needed during the term of this Agreement, so long as such maintenance or repairs are within the capacity of the City’s Public Works Department to handle both in terms of qualification of personnel and availability of personnel. As such, the City does not warrant that it will have personnel qualified to handle all maintenance or repair issues that may arise with the District’s System during the term of this Agreement, and the City further reserves the right at its sole discretion to pass on any work that is designated by the City’s Public Works Director as being outside of the City’s capacity to handle in terms of either personnel qualifications or capacity. Notwithstanding the foregoing provisions, the City will not under any circumstances be obligated to perform any maintenance or repairs that would require installation of new material or excavation. The City will furnish all labor and equipment and shall perform all work necessary to complete all work or provide all services as needed pursuant to this Agreement in a good and substantial manner, and in strict accordance with this Agreement. The work or services will be done pursuant to the timeframe as specified per written proposal for each instance of maintenance or repair; and if no such timeframe is specified in a proposal, then the work or services will be done as soon as is practical after acceptance of the work by the City.

b. Procedure for Acceptance of Work. The City will not be responsible for monitoring the District’s System for needed maintenance or repair. In each instance during the term of this Agreement that the District becomes aware of any needed maintenance or repairs to the District’s System, the District will notify the Public Works Director for the City. Upon receipt of notice from the District that maintenance or repairs are needed, the Public Works Director will cause the System to be inspected to determine the scope of the maintenance and repairs needed as soon thereafter as is practical. If the City incurs any costs associated with such inspection, the District will

Page 1 of 4 ______(Initials of Parties or Parties’ Agents)

reimburse the City, but only in such amounts as needed to reimburse the actual out-of-pocket expenses the City incurs. If the Public Works Director determines in his or her sole discretion that the needed work is beyond the skill or capacity of the City’s Public Works Department, the Public Works Director will notify the District of such opinion and the District will thereafter seek to remedy the maintenance or repairs with a third party. If the Public Works Director determines in his or her sole discretion that the needed work is capable of being handled by the City’s Public Works Department, the Public Works Director will prepare a written proposal outlining the estimated costs of the repairs relating to equipment and labor. The proposal will be a good faith estimate only, it being understood that the District will ultimately be responsible for payment of the actual costs and labor expended by the City on the particular project at hand. Upon review of the written proposal prepared by the Public Works Director, the District may either authorize the commencement of work or decline to have the City perform the work. If the District declines to have the City perform the work, the City will have no further obligations as to that particular instance of needed maintenance or repairs, and the District will thereafter seek to remedy the maintenance or repairs with a third party.

c. No Liability for Work Performed by Third Parties. Notwithstanding any other provisions of this Agreement, the City will not be held liable for any work performed on the District’s System by third parties. The District will indemnify and hold the City harmless from any claims whatsoever involving maintenance or repairs conducted by a third party at any time, including but not limited to the City’s costs and reasonable attorney fees in defending such claims.

d. Term of Agreement. The initial term of this Agreement will begin on the last date the same has been executed by both parties, and will continue until and including December 31, 2018. After the expiration of the initial term, this Agreement will automatically renew for successive terms of one (1) year unless and until one party notifies the other party of their intention not to renew the Agreement on or before sixty (60) days prior to the expiration of the then current term.

3. Reimbursement for Services. The City will charge the District only the actual costs of its labor (at the then current hourly rates earned by the City’s workers performing work on a given project), equipment and materials expended for work performed on the District’s System during the term of this Agreement. The District will pay the City the compensation due by reason of said faithful performance of the work or services, and payment will be due upon City’s completion of the work or services for each instance of maintenance/repair performed and its acceptance by the District.

4. Authorized Employees. City 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. City therefore covenants that it is not knowingly in violation of Subsection 1 of Section 285.530 RSMo., and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the project, and that its employees are lawfully eligible to work in the United States.

5. Notices: Any notices authorized or required to be given hereunder may be personally delivered to the person or persons whose names appear below, or by depositing the same in the United States mail, postage fully prepaid, certified, return receipt requested, and if intended for the District addressed as follows:

City of Bolivar ATTN: Public Works Director P.O. Box 9 Bolivar, Missouri 65613

Page 2 of 4 ______(Initials of Parties or Parties’ Agents)

and if intended for the City addressed as follows:

Prairie Heights Area Reorganized Common Sewer District ______

Either party will notify the other party as soon as is practicable upon the change of address for notification purposes. If properly addressed and mailed pursuant to the terms of this paragraph, delivery of notices will conclusively be deemed to have been made two days after mailing.

6. Assignment: Neither party may assign their rights or obligations under this Agreement without the prior written consent of the other party.

7. Waiver: All parties to this Agreement agree that the failure of any party to this Agreement to strictly enforce any term of this Agreement will not ever result in a waiver of such party to subsequently enforce the conditions of this Agreement.

8. Costs of Collection and Attorneys Fees: If either party in its sole judgment deems it necessary to retain an attorney as a result of a breach or alleged breach of this Agreement, the party who is found or adjudicated to be delinquent or otherwise in breach will reimburse the non-defaulting or non-breaching party for all costs, including reasonable attorney fees, incurred by the party not in default or not in breach.

9. Severability. In the event that any provision, paragraph, or sub-paragraph of this Agreement is declared to be invalid for any reason, it will not affect the validity of any other provision of this Agreement, and all other provisions, paragraphs and sub-paragraphs will remain in full force and effect.

10. Complete Agreement. It is agreed and understood by all parties to this Agreement that this instrument constitutes the entire agreement between the parties, and that the terms and provisions of this Agreement are contractual and not mere recitals. No additional promises, agreements, and conditions have been entered into other than those expressly set forth in this Agreement. This Agreement may not be modified or amended without the written, signed consent of all parties to this Agreement.

11. Governing Law. This Agreement will be construed and enforced under the laws of the State of Missouri.

12. Binding Effect. This Agreement will be binding upon and will inure to the benefit of District, and their respective successors and assigns, and upon the City, and their heirs, personal representatives, successors and assigns.

THIS IS A BINDING LEGAL DOCUMENT. BEFORE SIGNING BELOW, THE PARTIES TO THIS AGREEMENT DECLARE THAT THEY ARE OF SOUND MIND, THAT THEY HAVE COMPLETELY READ THIS INSTRUMENT, AND THAT THEY FULLY UNDERSTAND ALL OF THE TERMS CONTAINED HERIN.

Page 3 of 4 ______(Initials of Parties or Parties’ Agents)

City of Bolivar, Missouri

______Mayor DATE

______City Clerk, Attest DATE

Signature of Prairie Heights Area Reorganized Common Sewer District or Its Agent

______District DATE

______Print Name and Title

Page 4 of 4 ______(Initials of Parties or Parties’ Agents)