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HomeMy WebLinkAboutOn-Call Planning Agreement with Diane Kushlan Planning and Management Services PROFESSIONAL SERVICES AGREEMENT FOR ON - CALL PLANNING SERVICES TITLE: City of Meridian Unified Development Code PROFESSIONAL SERVICES AGREEMENT This agreement is entered into on the date listed below between the City of Meridian, Idaho hereinafter referred to as "CITY", whose address is 660 E. Watertower, Meridian, ID 83642;whose telephone number is (208) 884-5533 and whose fax number is (208) 888-6854, and Diane Kushlan, Planning and Management Services, hereinafter referred to as "CONSULTANT", whose office is Post Office Box 8463, Boise, ID 83707, whose business phone number is (208) 433-9352 and whose fax number is (208) 433-8429. Section 1. CONSULTANT Services The Scope of Work is Zoning and Subdivision Ordinance Amendments as outlined in Exhibit "A". Section 2. Schedule CONSULTANT shall perform services from October 1, 2004 on an "as needed basis" and shall continue to a time acceptable to the CITY. However, the performance of any Services shall not continue past September 31, 2005 unless an extension of time is approved by the City of Meridian Planning Director. Section 3. Compensation. For its Services, the CITY agrees to pay CONSULTANT $65/hour not to exceed $7,800 for all services. Out of pocket expenses shall not be reimbursed unless authorized in advance by the City of Meridian Planning Director. Section 4. Method of Payment; Periodic Payments. A. CONSULTANT shall invoice the CITY no more than once per month. All invoices shall detail the services performed and shall include the date, timekeeper, rate, time spent (measured in tenths of an hour) and a detailed description of the services. B. All invoices shall be paid by mailing a CITY warrant within sixty (60) days of receipt of a proper invoice. C. CONSULTANT shall keep time and expense records, other cost records and accounts pertaining to this agreement, available for inspection by CITY representatives for three (3) years after final payment. Copies shall be made available on request. KUSH LAN AGREEMENT D. If the services rendered do not meet the requirements of the agreement, CONSULTANT will correct or modify the work to comply with the agreement. The CITY may withhold payment for such work until the work meets the requirements of the agreement. Section 5. Discrimination and Compliance with Laws A. In performing the Services required herein, CONSULTANT agrees not to discriminate against any person in the performance of this agreement because of race, color, religion, sex, national origin, age or non-job related handicap, or because of prior military service or current military status, and shall comply with all applicable federal and state laws and regulations of governmental agencies relating to civil and human rights. B. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this contract. C. Violation of this section 5. shall be a material breach of this agreement and grounds for cancellation, termination, or suspension of the agreement by the CITY, in whole or in part, and may result in ineligibility for further work for the CITY. Se.ction 6. Term and Termination of Agreement A. This agreement shall be effective upon signing and shall remain in effect until terminated in accordance with paragraph B. of this section. B. This agreement may be terminated by either party without cause upon thirty (30) days written notice, in which event all finished or unfinished documents, reports, or other material or work of CONSULTANT pursuant to this agreement shall be submitted to the CITY, and CONSULTANT shall be entitled to just and equitable compensation at the rate set forth in Section 3. for any satisfactory work completed prior to the date of termination. Section 7. Format and Ownership of Work Product All data, materials, reports, memoranda, and other documents developed under this agreement whether finished or not shall become the property of the CITY, shall be forwarded to the CITY at its request and may be used by the CITY as it sees fit. The documents to be provided pursuant to this agreement will be electronically submitted in Microsoft Word format. Formatting of code revisions shall follow the existing format to facilitate incorporation of the revised sections into existing City Code. Section 8. General Administration and Management The Planning Director of the CITY, or her designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications and review and approve all invoices, under this agreement. KUSHLAN AGREEMENT 2 Section 9. Hold Harmless A. CONSULTANT shall protect, defend, indemnify and save harmless the CITY, its officers, employees and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of CONSULTANT, its officers, employees and agents in performing this agreement. B. CITY shall protect, defend, indemnify and save harmless CONSULTANT, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the CITY, its officers, employees and agents in performing this agreement. Section 10. Independent Consultant In all matters pertaining to this Agreement, CONSULTANT shall be acting as an independent CONSULTANT, and will not be deemed an employee or agent of the CITY. Section 11. Subletting or Assigning Contract Neither the CITY nor CONSULTANT shall assign, transfer, or encumber any rights, duties, or interests accruing from this agreement without the express prior consent of the other. Section 12. Extent of AgreementIModification This agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements either written or oral. This agreement may be amended; modified; or added to only by written instrument properly signed by both parties hereto. By: ~,~ KUSHLAN AGREEMENT 3 Scope of W or k Amendment City of Meridian Code Amendments October 1, 2004 - September 31,2005 The planning services that will be provided in support of the Code amendments and revisions based would be as follows: 1. Attend all meetings of the Process Improvement Group, staff and Planning and Zoning Commission. 2. Take notes of issues and questions from the meeting. 3. Prepare revisions and edits to the draft Code as a result of the comments. 120 hours are anticipated to complete this work, including 20 hours in support of the Process Improvement Group, 20 hours of staff and P&Z Commission meetings and 80 hours of revisions; 120 hours @ $65/hour = $7800, plus any out of pocket expenses to be authorized in advance. Tasks Hours Support for Progress Improvement Committee 20 Staff and P & Z 20 Code revisions and edits 80 TOTAL 120