ITEM 3.5 The Planning Company contractTY OF
0 t e
Ml"11�50TA g
Request for
City Council'Action
DEPARTMENT INFORMATION...
............ _ :_.::::...... ........n _............ .......................................... _...... ... ... ..................... ::: .......n .......................... .............. ............ ........... ............................
f lllAT11 DEPAf `11 E 1T: RE UE TOR: NG DATE:
Legal Andy Ma cArthur, City Attorn ey., November 1 , 2013
PRESENTER(s): REVIEWED BY: ITEM M
City Attorney Lori Johnson, City Administrator 3.5
FMnA ITFm nFTAIL
RECOMMENDATION:
Council approve a revised contract between the City and the Planning Company, LLC including additional
insurance protection for the City, and which more accurately describes actual services rendered..
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEAR IN REQU] ED"
Yes
No
BA E E U DIJU TIFI ATIO
The City entered into a contract in 2010 for Planning services with the Planning Company,, LLC shortly
after the companywra organized. The original contract references traditional tasks undertaken byth
City Planner. Since that time TPC has taken on additional roles with the City, serving as the Zoning
s.
Administrator, Code Enforcement officer, putting together th Otsego View and various other tasks.
The reprised contract creates more insurance protection for the City, and expands the description of
tans to more clearly describe what role TPC actually has and will have with the City of Otsego. The
current rates for services are unaffected by the reprised contract, except for a small increase in the pass
through fee to developers which does not affect City payments. Since TPC serves as ars independent
contractor, it is in both the City's and TPUs best interests to clearly spell out in writing the range of
services available and those being currently delivered and paid for.
SUPPORTING TIN DOCUMENTS: xii ATTACHED NONE
0 Revised Agreement between the City and the Planning Company, LLC.
MOTION: (Please word motion as you would like it to appear 1n the minutes.)
Motion to approve the reprised Agreement between the City of Otsego and the Planning Company, LLC
as presented.
BUDGET INFORMATION
FUNDING:
W
ACTION TACE
BUDGETED: a YES
Emil, •.
ci APPROVED AS REQUESTED o DENIED u TABLED o OTHER List changes)
COMMENTS:
AGREEMENT FOR PROFESSIONAL PLANNING G SERVICES
THIS AGREEMENT, dated 12 November 2013 and entered into by and between the
CITY OF OTSEGO, WRIGHT COUNTY, MINNES TA, hereinafter referred to as the
"Municipality" and THE PLANNING COMPANY LLC, hereinafter referred to as the
"Consultant".
WITNESSETH;
ARTICLE I. AREA of SERVICE
That the Municipality does hereby agree to employ the Consultant to render
professional technical planning, development and other assistance services to the
extent and kind described in Article 2 below in and for the City of Otsego, Minnesota.
ARTICLE 2, SERVICES of THE CONSULTANT
The Consultant hereby agrees to render the professional services as follows after
receipt of a written or verbal work authorization by the City Administrator or City Council.
A. Provide general assistance and consultation to the Municipality, regarding the
Municipality's planning and community development, and related functions and
activities. The Consultant will be available to assist and advise the Municipality
on the administration, structure, forms, procedures and processing of
development ordinances and requirements. Services shall be rendered on an a
needed basis to be determined by the Municipality.
B. The Consultant will prepare written reports, complete with planning
considerations, concerning Planning Commission agenda items which deal with
rezoning, conditional use permits, variance and subdivision plans, etc. as
directed by the Municipality.
C. The Consultant shall attend staff, advisory committee, and/or City Council
Meetings or other special public meetings as directed by the Municipality.
D. The Consultant shall maintain and store files, naps and graphics of projects in
which it has or is currently involved in until such time as the City requests the
relinquishing of these materials. Upon request by the Municipality, the
Consultant shall return all such files, naps and graphics, whether in paper form
or stored on other redia, to the Municipality at no cost to the Municipality.
City of Otsego
Page 2
E. The Consultant shall advise the City on community deVelopment and shall
supervise and direct City employees within departments related to Community
Development, specifically including the building department. The Consultant shall
provide input to Supervisors regarding the evaluation of employees in
departments related to Community Development and shall assist In employee
reviews.
F. The Consultant shall complete other tasks from time to time as assigned by the
City Council, including but not limited to developing, writing and formatting a City
newsletter, attending meetings on behalf of the City as its representative, and
drafting agenda iters for City Council and Commission meetings that are not
specifically related to Planning.
G. The Consultant shall serve as the City Code Enforcement officer, shall issue
citations on behalf of the City, may resolve enforcement matters by written
Agreement, and shall appear on behalf of the City at enforcement Administrative
Hearings and at district Court if necessary.
H. The Consultant shall serve as the City Zoning Administrator and shall respond to
citizen and developer inquiries regarding the City zoning and subdivision
ordinance, shall attend meetings with Developers and others related to zoning
matters, and shall be responsible for reviewing and processing development
applications presented to the Municipality.
E. Any services performed under this Article will be billed on a monthly basis as per
Article 4 of this Agreement.
ARTICLE 3, SERVICES of THE MUNICIPALITY
ALITI
The Municipality hereby agrees to furnish to or make available for examination or use
by the Consultant, without charger the following:
A. Agendas for all Planning Commission and/or City Council meetings when
attendance of the Consultant is required within a reasonable time to allow for
review of each item on the agenda.
B. All materials and documents applicable to all Planning Commission and/or City
Council agenda items, including those that are required by Ordinance for the
consideration of various applications. These materials and documents shall be
submitted to the Consultant within a reasonable period of time before any
meeting at which time they are to be considered.
City of Otsego
Page
C. Materials and documents, as determined by the Consultant, that are necessary
for the services to be performed.
ARTICLE 4, PAYMENT
The Municipality here r agrees to pay the Consultant for professional services included
in Article 2 of this Agreement as follows:
A. The work described in Article 2 of this Agreement will be charged to the
Municipality on a time and materials basis and computed in accordance with the
rate schedule included in Article 7 of this Agreement and the following specified
hourly rates:
Private initiated development projects shall be undertaken at the rate of
$125.00 per hour for Principals.
2. City initiated projects related to official controls, zoning administration,
special studies or other activities not identified in Section 4.A.3 and
Section 4.A. shall be undertaken at the rate of $100.00 per hour for
Principals.
3, Consultant worts related to code enforcement of the Zoning Ordinance and
City Code including field surveys, preparation of notices, citations and
other correspondence and preparation at hearings to consider appeals
shall be undertaken at the nate of $60.00 per hour for Principals.
4, Consultant work related to c.odification and maintenance of ordinances,
policies and resolutions shall be undertaken at the rate of $40.00 per hour.
B. All meetings, as stated In Article 2.0 of this Agreement shall be parable at a fixed
rate of two hundred fifty dollars $250 per meeting.
C. The Consultant shall submit a statement of services rendered under Article 2 of
this Agreement on a monthly basis payable by the Municipality upon receipt of an
invoice shoring worts completed.
D. If the Municipality finds It necessary to abandon requested work, the Municipality
shall notify the Consultant in writing and the Consultant shall be compensated for
all work completed and materials expended.
ARTICLE 5. OTHER PARTIES
City of Otsego
Page
A. The Consultant shall refrain from undertaking projects for public or private clients
that may represent a conflict with the City's interests. Prior to the Consultant
undertaking any work which holds such potential, the City shall have the right to
approve or Preto this activity.
B. It is mutually agreed that this Agreement is not transferable by either party to
third party without the written consent of the other.
C. The Consultant's reports and other materials prepared in the performance of this
Agreement are instruments of services and remain the property of the
Municipality. ipality. -loner, any further distribution of these reports by the Municipality
1pality
must note the Consultant as the source.
ARTICLE 6, TERMINATION
A. This Agreement may be terminated by either party delivering to the other party
mitten notice of termination in which case this Agreement shall be deemed
terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said
mitten notice.
B. In the event of termination by the Municipality, the Municipality shall pay the
Consultant for work completed prior to the termination date on a time plus
materials basis, such payment to be made within thirty 3 days after receipt of
Municipality of a final invoice shoving work completed. All materials shall be
retained by the Consultant until all payments due from the Municipality have
been received by the Consultant.
C. In the event of termination by the Consultant, the Consultant shall forward to the
Municipality on or prior to the termination date any unearned fees or retainers
held by the Consultant shall be returned to the Municipality within thirty 3 days
of termination date.
D. This Agreement shall be effective as of November 12, 2013 upon execution by
both parties hereto and this Agreement shall supersede any precious agreement
established between both parties.
ARTICLE 7, CONSULTANT RATE SCHEDULE (effective 12 November 2013)
Staff Member
Rate Per Hoerr
Principals Directors......t....,..r...a ...............s..#..49* *#* * *$1 # to $150.00
City of Otsego
Page 5
Associates...... *sr*t*at■$l t00 to $150.00
Senior to $130.00
Planner ■ ■ t t ■ t t ■ t ■ t ■ • ■ ■ t ■ ■ ■ ■ a a ■ i ■ ■ ■ a s ■ ■ ■ ■ r . s s s ■ s ■ r ■ ■ s s ■ a ■ r ■ ■ s ■ ■ s i ..$40.00 t $90.00
TV I ■ s a ■ s t r • ■ r ■ ■ ■ a • • t ■ ■ r ■ t ■ ■ ■ a r ■ r ■ a ■ ■ ■ ■ ■ ■ ■ a a ■ ■ ■ a ■ ■ ■ a r ■ r r ■ ■
$25.00 t $50.00
Expert Testimony .........,t.tr.ass■s.ar.r■■■r■at■■srr■s■.tt.t■Hourly rate
Outside Consultants ststtrt■t■tat■■ ■...........■ ■t■trr■■ ■■t■■a■rtr Per job basis
Supplies .a..i■fiaia..a■fraa.aaiaii...a..................s*sttj.......... Actual Yost + %
Mileage ■■ a■■ s■■ a■ s■■ s■■ i s r■■ s■ f■ s a■ s■ i r s■ s ■ars ■. s■ r■ s. s .. s. s s. s■. s■ s■. s. s Per mile rat as
established established the IRS
ARTICLE ISC LANIOLIS
Ar In providing services hereunder, CONSULTANT shall abide by all statutes,
ordinances, rules and regulations pertaining to the provisions of services to be
provided.
B. CONSULTANT shall indemnify and hold harmless the Municipality, its officers,
agents, and employees, of and from any and all claims, demands, actions, causes
of action, including costs and attorney's fees, arising out of or by reason of the
execution or performance of the work or services provided for herein and further
agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising
hereunder.
C. CONSULTANT shall. defend actions or claims charging infringement of any
copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and CONSULTANT shall hold harmless the
Municipality from loss or damage resulting therefrom.
D. Insurance:
r CONSULTANT shall secure and maintain such insurance as will protect
CONSULTANT from claims under automobile liability, and from claims for
bodily injury, death, or property damage which may arise from the
performance of services under this Agreement. such insurance shall be
written for amounts not less than:
City of Otsego
'age
a. General Liability; $1,000,000 each occurrence/aggregate
b. Excess Liability: $2,000,000 each occurrence/aggregate
C. The Municipality shall be named as an additional insured on the
general liability policies.
2. CONSULTANT shall secure and maintain a professional liability insurance
policy. Said policy shall insure payment of damages for legal liability arising
out of the performance of professional services for the Municipality, 1pality, in the
insured's capacity as consultant, if such legal liability is caused by a
negligent act, error or omission of the insured or any person or organization
for which the insured is legally liable. Said policy shall provide minimum
limits of $1,000,000 with a deductible maximum of $125,000 unless the
Municipality agrees to a higher deductible.
3. Before commencing work CONSULTANT shall provide the Municipality a
certificate of insurance evidencing the required insurance coverage in a form
acceptable to Municipality. The certificate shall provide that such insurance
cannot be cancelled until thirty 30days after the Municipality has received
mitten notice of the insurer's intention of cancel this insurance.
E. The [Municipality hereby retains CONSULTANT as an independent contractor upon
the terms and conditions set forth in this Agreement. CONSULTANT is not an
employee of the Municipality and is free to contract with other entities as provided
herein. CONSULTANT T shall be responsible for selecting the means and methods
of performing the work. CONSULTANT T shall furnish any and all supplies,
equipment, and incidentals necessary for C JS LTA T's performance under this
Agreement. Municipality 1pality and CONSULTANT agree that CONSULTANT shall not at
any time or in any manner represent that CONSULTANT or any of
CONSULT NT's agents or employees are in any manner agents or employees of
the Municipality. CONSULTANT shall be exclusively responsible under this
Agreement for CONSULTANT's own FICA payments, workers compensation
payments, unemployment compensation payments, withholding amounts, ardor
self-employment takes if any such payments, amounts, or takes are required to to
paid by lair or regulation.
City of Otsego
Page
CONDITIONS HEREIN AGREED To:
THE PLANNING COMPANY LLC
D. Daniel Licht 12 November 2013
Chief Manager
CITY of OTSEGO, MINNESOTA
Jessica L. Stlr, Mayor
Tami Loff, City Clerk
Date
Date