HomeMy WebLinkAboutProfessional Services Agreement with Landerman Moore Associates for Comprehensive Parks & Rec System PlanRESOLUTION NO 2 ¢'~
BY: ~~P~ ~ ~~~~~~y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES AND GRANTING THE AUTHORITY TO THE
PARKS AND RECREATION DIRECTOR TO ENTER INTO, ON
BEHALF OF SAID MUNICIPALITY, THE AGREEMENT
ENTITLED "PROFESSIONAL SERVICES AGREEMENT"
BETWEEN THE CITY OF MERIDIAN, CLIENT, AND
LANDERMAN-MOORE ASSOCIATES, A SOLE
PROPRIETORSHIP, CONSULTANT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1: FINDINGS:
WHEREAS, the Council finds that it is an integral part of the
direction of the Parks and Recreation Department for Landerman-Moore
Associates, a Sole Proprietorship, to conduct tasks and services as
provided for in Exhibit "A" attached hereto; and
WHEREAS, it will be necessary for the City to contract with
Landerman-Moore Associates, a Sole Proprietorship, to perform a
Comprehensive Parks and Recreation System Plan; and
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
PARKS AND RECREATION DIRECTOR TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH LANDERMAN-
MOORE ASSOCIATIONS RE: COMPREHENSIVE PARKS &
RECREATION SYSTEM PLAN
WHEREAS, it is the duty and responsibility of the Director of
the Parks and Recreation Department to oversee the Comprehensive
Parks and Recreation System Plan; and
WHEREAS, it is in the best interests of the City for the City
Council to grant to the Parks and Recreation Director authority to enter
into the Professional Services Agreement with Landerman-Moore
Associates for the preparation of a Comprehensive Parks & Recreation
System Plan.
SECTION 2. GRANT OF AUTHORITY TO PARKS AND
RECREATION DIRECTOR:
2.1 The Parks and Recreation Director is hereby authorized
to enter into on behalf of the City Professional Services
Agreement with Landerman-Moore Associates, a Sole
Proprietorship to provide a Comprehensive Parks &
Recreation System Plan.
2.2 The Parks and Recreation Director shall provide an
original of any agreement signed under this
authorization to the City Clerk for filing with the official
records of the City.
2.3 The Parks and Recreation Director shall report and
update on the Comprehensive Parks & Recreation
System Plan entered into pursuant to this resolution to
the City Council and to the Parks and Recreation
Commission.
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
PARKS AND RECREATION DIRECTOR TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH LANDERMAN-
MOORE ASSOCIATIONS RE: COMPREHENSIVE PARKS &
RECREATION SYSTEM PLAN
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2.4 The completion of all elements of the Project shall be no
more than 112 calendar days from the date of execution
of the Professional Services Agreement.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 6 ~ day of ~~/y , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this 6~ day of ~ /~ , 1999.
ATTEST:
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RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
PARKS AND RECREATION DIRECTOR TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH LANDERMAN-
MOORE ASSOCIATIONS RE: COMPREHENSIVE PARKS &
RECREATION SYSTEM PLAN
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerlc of the City of Meridian, a
duly incorporated City operating under the laws of the State of Idaho, with its principal
office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerlc of this City, I am the custodian of its records and
minutes and do hereby certify that on the ~ ~- day of ~u.~~, 1999, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES AND GRANTING THE AUTHORITY
TO THE PARKS AND RECREATION DIRECTOR TO ENTER INTO, ON BEHALF OF
SAID MUNICIPALITY, THE AGREEMENT ENTITLED "PROFESSIONAL SERVICES
AGREEMENT" BETWEEN THE CITY OF MERIDIAN, CLIENT, AND LANDERMAN-
MOORE ASSOCIATES, A SOLE PROPRIETORSHIP, CONSULTANT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
SECTION 1: FINDINGS:
WHEREAS, the Council finds that it is an integral part of the direction of the
Parks and Recreation Department for Landerman-Moore Associates, a Sole Proprietorship, to
conduct tasks and services as provided for in Exhibit "A" attached hereto; and
WHEREAS, it will be necessary for the City to contract with Landerman-
Moore Associates, a Sole Proprietorship, to perform a Comprehensive Parlcs and Recreation
System Plan; and
WHEREAS, it is the duty and responsibility of the Director of the Parks and
Recreation Department to oversee the Comprehensive Parlcs and Recreation System Plan;
and
WHEREAS, it is in the best interests of the City for the City Council to grant
to the Parlcs and Recreation Director authority to enter into the Professional Services
Agreement with Landerman-Moore Associates for the preparation of a Comprehensive Parlcs
& Recreation System Plan.
SECTION 2. GRANT OF AUTHORITY TO PARIS AND RECREATION
DIRECTOR:
2.1 The Parlcs and Recreation Director is hereby authorized to enter into
on behalf of the City Professional Services Agreement with Landerman-
Moore Associates, a Sole Proprietorship to provide a Comprehensive
Parks & Recreation System Plan.
2.2 The Parks and Recreation Director shall provide an original of any
agreement signed under this authorization to the City Clerk for filing
with the official records of the City.
2.3 The Parlcs and Recreation Director shall report and update on the
Comprehensive Parks & Recreation System Plan entered into pursuant
to this resolution to the City Council and to the Parlcs and Recreation
Commission.
2.4 The completion of all elements of the Project shall be no more than
112 calendar days from the date of execution of the Professional
Services Agreement.
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STATE OF IDAHO"'~~~~'~~ ~r ts'~ ~, ~.~,
County of Ada, ) /~~~'~~~r~~_ ~t~~~~`~~~ ~
LLIAM G. BERG, JR.
On this C.~~ day of , in the year 1999, before me,
No ary Public, appeared WILLIAM G. BERG,
JR., own or identified to me to be the City Clerk of the City of Meridian, Idaho that
executed the said instrument, and acknowledged to me that he executed the same on behalf
of the City of Meridian.
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LANDERMAN-MOORE
a s s o c i a t e s
POST OFFICE BOX 6
ANACORTES, WASHINGTON 98221
(360) 299-3731 FAX (360) 299-4316
e-mail: njlm~gte.net
June 25, 1999
Mr. Tom Kuntz, Director
MFRII~IAN
PARKS & RECREATION DEPARTMENT
11 West Bower Street
Meridian, Idaho 83642
RE: Professional Services Agreement
Comprehensive Parks d~' Kecreatlon System Plan
Dear Mr. Kuntz,
Enclosed please find two (2) original Professional Services Agreements for review and
signature. Please return one (1) executed copy for my file.
I look forward to our meeting on July 16`h and proceeding with this important assignment.
gards,
i~
~~
Norman J. Landerman-Moore
NJ LM/mc
enclosure
I,ANDERMAN-MOORE
a s s o c i a t e s
POST OFFICE BOX 6
ANACORTES, WASHINGTON 9822'1
(360) 299-3731 FAX (360) 299-4316
e-mail: njlm@gte.net
July 1, 1999
Mr. Tom Kuntz, Director
MERIDIAN
PARKS & RECREATION DEPARTMENT
11 West Bower Street
Meridian, Idaho 83642
RE: Professional Services Agreement -replacement page 7
Comprehensive Parks ~ Recreation System Plan
TRANSMITTAL
~EC~~
.JUG - s 1s9~
CITY OF MERIDIAN
Per your request, enclosed please find two (2) replacement pages of Page 7 for the
Professional Services Agreements sent to your office on June 25`h
Regards,
/ ~"
Norman J, Landerman-Moore ~~
NJ LM/mc
enclosures
CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential
damages to the maximum extent permitted by law.
10. Assi ent: No assignment of this Agreement or of any part of obligation of performance
hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written
consent of CLIENT.
11. Independent Contractor: The parties hereto agree that CONSULTANT and its employees, officers,
and agents are independent contractors under this Agreement and shall not be construed for any
purpose to be employees of CLIENT.
12. Jurisdiction and Venue:
a. This Agreement has been and shall be construed as having been made and delivered with the
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State of pia, and it is agreed by each arty hereto that this Agreement shall be
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governed by laws of the State of C-ftlrl~rnia, both as to interpretation and performance.
b. Any action of law, suit in equity, or judicial proceeding to the enforcement of this
Agreement or any provisions thereof, shall be instituted maintained only in any of the
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courts of competent jurisdiction in County, State of Idaho .
13. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein. Each party to this Agreement
aclrnowledges that no representation by any party which is not embodied herein nor any other
agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any
modification of this Ageement shall be effective only if it is in writing, signed by all parties.
7
CONSULTANT in the performance of this Ageement, including, but not limited to, all consequential
damages to the maximum extent permitted by law.
10. Assi ent: No assignment of this Agreement or of any part of obligation of performance
hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written
consent of CLIENT.
11. Independent Contractor: The parties hereto agee that CONSULTANT and its employees, officers,
and agents are independent contractors under this Ageement and shall not be construed for any
purpose to be employees of CLIENT.
12. Jurisdiction and Venue:
a. This Ageement has been and shall be construed as having been made and delivered with the
2~
State of.~a~ifomia, and it is ageed by each arty hereto that this Ageement shall be
governed by laws of the State of.Gali€ortrra, both as to interpretation and performance.
b. Any action of law, suit in equity, or judicial proceeding to the enforcement of this
Ageement or any provisions thereof, shall be instituted and maintained only in any of the
Ad0.
courts of competent jurisdiction in ~ County, State of Idaho .
13. Entire Agreement: This Ageement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein. Each party to this Ageement
aclrnowledges that no representation by any party which is not embodied herein nor any other
ageement, statement, or promise not contained in this Ageement shall be valid or binding. Any
modification of this Ageement shall be effective only if it is in writing; signed by all parties.
7
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CITY OF MERIDIAN
ORDINANCE NO. ~~
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO' THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH
DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING THAT SAID LAND, BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A tract of land in Lot 6 of Onwiler Subdivision, according to the plat thereof, filed in
Boolc 8 of Plats at Page 378, records of Ada County, Idaho and more particularly
described as follows:
Commencing at the center of Section 7, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho; thence along the North 89°00' East (East) along the mid-
section line a distance of 857.56 feet to the POINT OF BEGINNING;
WALT CULVER AND ALICE CULVER
ANNEXATION AND ZONING ORDINANCE
Thence South 00°00' West (South) a distance of 313.1 feet to a point;
Thence North 89°00' East a distance of 151.2 feet to a point;
Thence North 00°00' East (North) a distance of 313.1 feet to a point;
Thence South 89°00' West (West) a distance of 151.2 feet to the POINT OF
BEGINNING.
Parcel contains 47,341 square feet, more or less.
SECTION 2: That the above-described real property be, and the same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Medium High Density Residential District (R-
15).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, comprehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject
to the terms and conditions of that certain Development Agreement by and between the City
of Meridian and the owner of the land described in Section 1 dated the ~~ day of
~ , 1999.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
WALT CULVER AND ALICE CULVER 2
ANNEXATION AND ZONING ORDINANCE
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerlc of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of
Meridian, including the lands herein annexed, with the following officials of the County of Ada,
State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of
the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day
of G~ , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
of ~ , 1999.
ATT T:
CITY CLERK
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WALT CULVER AND ALICE CULVER 3
ANNEXATION AND ZONING ORDINANCE
STATE OF IDAHO,)
County of Ada.
ss.
On this day of ~ , 1999, before me, the undersigned, a
Notary Public in and for said S ate, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known. to me to be the Mayor and City Clerlc of the CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me
that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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ANNEXATION AND ZONING ORDINANCE
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Professional Services Agreement
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THIS AGREEMENT is made and entered into this ~ day of ~~ 19 99 by and between
The City of Meridian, Parks & Recreation Department , a Municipal Corporation
(hereinafter referred to as "CLIENT" and LANDERMAN-MOORE ASSOCIATES, A Sole Proprietorship,
(hereinafter referred to as "CONSULTANT").
A. RECITALS
1. CLIENT has heretofore Requested a Proposal pertaining to the performance of professional services
with respect to the preparation of.• A Comprehensive Parks & Recreation System Plan
("Project" hereinafter);
2. CONSULTANT has now submitted its proposal and been selected by the CLIENT for the performance
of such services, as hereinafter described;
3. CLIENT desires to retain CONSULTANT to perform professional services necessary to render advice
and assistance to CLIENT, and specifically, to conduct tasks and services as described in
Exhibit "A "attached hereto
4. CONSULTANT represents that it is qualified to perform such services and is willing to perform such
professional services as hereinafter defined.
NOW, THEREFORE, IT IS AGREED by and between CLIENT and CONSULTANT as follows:
B. AGREEMENT
1. Defmitions: Defmitions contained herein shall apply to the following terms, except where the
context of this Agreement otherwise requires:
a. Project: Conducting research, analysis and the preparation of all necessary plans, reports,
and documents with respect to the Project as outlined in the Scope of Services or work
program described in Exhibit "A" attached hereto;
b. Services: Such professional services as are described in the work program (Exhibit "A")
and necessary to be performed by CONSULTANT in order to complete the Project;
c. Completion of Project: The date of completion of all elements of the Project, including
any and all text, plans, maps, surveys, documents, technical reports, meetings, oral
presentations and attendance by CONSULTANT at meetings or hearings regarding the
Project acceptance may be less, however, no more than 112 calendar days from date of
execution of this agreement.
2. CONSULTANT a~ees as follows:
a. CONSULTANT shall forthwith undertake and complete the Project in accordance with
Exhibit "A" and applicable with any local or State statutes, regulations, ordinances and
guidelines, all to the reasonable satisfaction of the CLIENT.
b. CONSULTANT shall supply copies of appropriate surveys, reports, plans and analysis
(hereinafter collectively referred to as "documents") including supplemental technical
documents, as described in Exhibit "A" to CLIENT within the time specified in Project
Schedule. The time limits set forth pursuant to Section 2b may be extended upon a written
approval of CLIENT. Copies of the documents shall be provided to CLIENT in such
numbers as stated in Exhibit "A". CLIENT may thereafter review and forward to
CONSULTANT comments regarding said documents and CONSULTANT shall thereafter
make such revisions to said documents as are deemed necessary. CLIENT shall receive a
master reproducible set of revised and fmal draft documents consistent with the scope of
these services to the CLIENT.
2
c. CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such
other persons as may, in the opinion of CONSULTANT, be necessary to comply with the
terms of this Ageement. In the event any such other persons are retained by
CONSULTANT, CONSULTANT hereby warrants that such other persons shall be fully
qualified to perform services required hereunder. CONSULTANT further agees that no
subcontractor shall be retained by CONSULTANT except upon consent or written approval
of CLIENT.
3. CLIENT agees as follows:
a. Compensation: To pay to CONSULTANT a fixed fee amount of Twen -five
Thousand and no/IOOths dollars ($ 25, 000.00 )for the performance of the services
required hereunder. This sum shall include the cost of all staff time and all other direct and
indirect costs or fees, including the work of employees, consultants, and authorized
subcontractors to CONSULTANT. Payment to CONSULTANT, by CLIENT, shall be
made upon receipt by CLIENT of monthly progess invoices which shall be due and payable
upon receipt of such invoices by the CLIENT.
b. Payments to CONSULTANT shall be made by CLIENT in accordance with the invoices
submitted by CONSULTANT, and such invoices shall be paid within 15 days after said
invoices are received by CLIENT. All invoiced charges shall be submitted with detail as to
hourly charges and expense amounts for the billing period.
c. CONSULTANT agees that, in no event, shall CLIENT be required to pay to
CONSULTANT any sum in excess of ninety percent (90%) of the maximum payable
amount hereunder prior to receipt by CLIENT of all fmal documents, together with all
supplemental technical documents, as described herein acceptable in form and content to
CLIENT.
d. Additional Services: Payments for additional services requested, in writing, by CLIENT,
and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on
a mutually ageed basis and in accordance with the hourly rates and fee schedule set forth in
3
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Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall
be paid by CLIENT within a reasonable time, however not more than 15 calendar days after
said invoices, marked "Extra Services", are received by CLIENT.
4. CLIENT a eg_r es to provide to CONSULTANT:
a. Existing reports, data and other relevant information and assistance;
b. Photographically reproducible copies of maps and other information, if available, which
CONSULTANT considers necessary in order to conduct research, analysis and to complete
the Project. If site, topographical or aerial photo mapping is not available, however
required, such mapping shall be an extra service to this agreement.
c. Such information as is generally available from CLIENT files applicable to the Project;
d. Assistance, if necessary, in obtaining information from other governmental agencies and/or
private parties. However, it shall be CONSULTANT'S responsibility to make all initial
contact with respect to the gathering of such information.
5. Ownership of Documents All documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered
the property of the CLIENT and, upon payment for services performed by CONSULTANT, such
documents and other identified materials shall be delivered to CLIENT by CONSULTANT.
CONSULTANT may, however, make and retain such copies of said documents and materials as
CONSULTANT may desire.
Any use or reuse of the plans or documents, except for the purpose intended, or any alteration or
revision of the text, plans or documents by the CLIENT, its staff, or authorized agents without the
specific written consent of the CONSULTANT shall be the sole responsibility of CLIENT. The
CLIENT agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and
losses, including defense costs arising out of any such alteration or revision, or use or reuse for any
purpose other than established by this agreement.
4
6. Termination: This Ageement may be terminated by CLIENT upon transmitting of written
"Notice of Termination"' to CONSULTANT at least thirty (30) days prior to the date of termination
specified in said Notice. In the event this Ageement is so terminated, CONSULTANT shall be
compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "C", on a pro rata
basis with respect to the percentage of the Project completed as of the date of termination. In no
event, however, shall CONSULTANT receive more than the maximum amount specified in
paragaph 3a above. CONSULTANT shall provide to CLIENT a set of reproducible materials and
any documents, data, studies, surveys, drawings, maps, models, photogaphs and reports, whether in
draft or fmal form, prepared by CONSULTANT as of the date of termination. CONSULTANT may
not terminate this Ageement except for cause.
7. Notices and Designated Representatives: Any and all notices, demands, invoices and written
communications between the parties hereto shall be addressed as set forth in this paragaph The
below-named individuals, furthermore, shall be those persons primarily responsible for the
performance by the parties under this Ageement:
CLIENT:
City o~Meridian, Parks & Recreation Department
Name: Mr. Tom Kuntz
Title: Director
Address: 11 West Bower Street
Meridian, Idaho 83642
(208) 888-3579 FAX (208) 898-5501
CONSULTANT:
LANDERMAN-MOORS ASSOCIATES
Name: Norman Jay Landerman-Moore
Title: President
Address: PO Box 6, Anacortes, WA 98221
(360) 299-3731 FAX (360) 299-4316
e-mail: njlm@gte.net
5
~ _7
Any such notices, demands, invoices or written communications, by mail, shall be deemed to have
been received by the addressee seventy-two (72) hours after deposit thereof in a United States Postal
facility, postage prepaid, and properly addressed as set forth above.
8. General Insurance Requirements: The CONSULTANT shall procure and maintain for the duration
of the Agreement, insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the CONSULTANT, their
agents, representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
a. Automobile Liability insurance with limits no less than $500,000 each, combined single
limit per accident for bodily injury and property damage.
b. Commercial General Liability insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for
personal injury, bodily injury and property damage.
The CLIENT shall be named as an additional insured on the insurance policy, as respects
work performed by or on behalf of the CONSULTANT and a copy of the endorsement
naming the CLIENT as additional insured shall be attached to the Certificate of Insurance.
The CLIENT reserves the right to request certified copies of any required policies.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
CONSULTANT.
The CONSULTANT'S insurance shall be primary insurance as respect to the CLIENT and the
CLIENT shall be given thirty (30) days prior written notice of any cancellation, suspension or
material change in coverage.
9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CLIENT, its elected
and appointed officials, officers, agents and employees from all liability from loss, damage, or injury
to persons or property, including the payment by CONSULTANT of any and all legal costs and
attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of
6
CONSULTANT in the performance of this Ageement, including, but not limited to, all consequential
damages to the maximum extent permitted by law.
10. Assi ent: No assignment of this Ageement or of any part of obligation of performance
hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written
consent of CLIENT.
11. Independent Contractor: The parties hereto agree that CONSULTANT and its employees, officers,
and agents are independent contractors under this Ageement and shall not be construed for any
purpose to be employees of CLIENT.
12. Jurisdiction and Venue:
a. This Ageement has been and shall be construed as having been made and delivered with the
State of Idaho, and it is agreed by each party hereto that this Ageement shall be governed by
laws of the State of Idaho, both as to interpretation and performance.
b. Any action of law, suit in equity, or judicial proceeding to the enforcement of this
Ageement or any provisions thereof, shall be instituted and maintained only in any of the
courts of competent jurisdiction in Ada County, State of Idaho .
13. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein. Each party to this Ageement
acknowledges that no representation by any party which is not embodied herein nor any other
ageement, statement, or promise not contained in this Agreement shall be valid or binding. Any
modification of this Ageement shall be effective only if it is in writing, signed by all parties.
7
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set
forth above.
LANDERMAN-MOORE ASSOCIATES
CONSULTANT:
a Sol Proprietorship
By:
Title: 1 ~ .lil ~.
~ ~ Dated: ~~~ ( ~~
CLIENT: Ci of Meridian, Parks & Recreation Department
BY~ ~`~ Dated: ~ / 3
Rec ended for Approval
~ Dated:
GL~IJlrmre~ 6~. G~i~ ~~?inC.ve 7~i6~.t}~lri~re~ie~f/'
r
ATTEST: rs~-~~*,~'~"~ O~ ''~~`}
~ W
-- - - ,,,*~,. 7~~~ ~9
Approved as to Form:
p~~.
~ ~~
o ,. ,~ • ~.~',~Y~.
~+ ~ .
Dated:
8
Exhibit A
P R O P O S A L
o~~~rel~~~,~ve
.~~ ~ecrean ~jrste~
Plan
Parks & Recreation Department
City of Meridian
Idaho
By
LANDERMAN-MOORS ASSOCIATES
ROBERT W. DROLL, LANDSCAPE ARCHITECT, PS
May 14, 1999
~.~t~~~ict~~n
The City of Meridian is an suburban community of 28,000 residents situated
near the metro-Boise area and is part of a number of population centers, which
influence the size, character and future of public recreation service requirements.
As the community grows, park and recreation needs will continue to change. It
is therefore essential, that recreational needs be carefully evaluated. This
knowledge then becomes the basis of a Comprehensive Parks ~' Kecreation System
Plan establishing specific priorities and procedures to expand recreation services.
I.ANDERMAN-MOORE ASSOCIATES with the assistance Of ROBERT W. DROLL,
LANDSCAPE ARCHITECT, Ps, will participate in close association with the
Department in preparing the Comprehensive Parks ~' Recreation System Plan. The
work will be based on identifying specific needs, resources, opportunities and
growth related factors as well as specially designed set of policies and financing
procedures by which the Department may acquire land, develop facilities, and
effectively operate a community parks and recreation system.
The scope of service, while responsive to the request received, addresses
planning activities to assure a comprehensive basis for implementing recreational
services and parks. Our approach is based on involvement in numerous
assignments where community growth has placed a strain on recreation facilities
and fiscal resources. We, therefore, have given special consideration toward
funding and implementation methods that will enhance capital funding and
service abilities of the City.
1
!~~'ij»turcb/MetLodology
Our approach is based upon the request for services and successful
implementation of recreation elements, comprehensive park and recreation plans
and related assignments. LMA is specialized in the field of park and recreation
planning services with nearly 30 years experience in the field. LMA will guide
the project, develop its direction, conduct the work program, and provide liaison
on a continuing basis throughout the assignment.
Our approach is organized into a work program incorporating four basic
planning functions:
~. Strategic coordination with the Department's management,
recreation user groups, citizens and integration of their views and
preferences into the planning process.
2. Systematic demand analysis and formation of a statement of needs,
group critiques, and refinement to articulate recreation development
objectives and issues early in the planning process.
3. Public participation, through highly organised synergy workshops
and interviews, that generates understanding and consensus of
program and facilities needs, preferences and priorities.
4. Use of graphics, statistical data and comparative analysis to
communicate key components designed to establish the consensus
and plan approval of the community as well as decision makers.
2
The Parks & Recreation Department has requested the preparation of a
Comprehensive Plan with the following objectives:
~. Evaluate the existing public park, community center and recreation facilities.
2. Forecast future park and recreation facility demand and needs.
3. Estimate the financial costs and procedures for maintaining operating and
improving park and recreation facilities.
4. Define the physical elements of a comprehensive system development plan in
terms of park classification, side and facilities.
S. Define a funding and implementation program with actions necessary to
implement the comprehensive plan.
6. Assess public ordinances to determine preferred methods of financing.
Incorporating each of the objectives described in the request for proposal into
major elements of work, and under the guidance of the Department, we propose
there be three (3) successive and integrated elements of service:
Element 1: An assessment of existing parks and recreational resources.
Research data and organize planning procedures for preparation
of a database, demand analysis and Statement of Needs with a
defined level of service policy.
Conduct a systematic analysis of public recreation facilities,
identifying deficiencies and opportunities. This information will
3
be organized to establish specific improvements that enhance
usage and levels of service.
^ Evaluate the resident population, by age group, population growth
and recreation interest by age group profile.
^ Evaluate recreation participation rates in terms of recreation/ user
categories.
^ Conduct a recreation activities demand analysis using workshops,
interviews and controlled data gathering and analysis procedures.
^ Draft a statement of needs and define the level of service for City
parks and recreation facilities, programs and services.
Element 2: Formulation of parks classification system, standards and
improvement procedures for new parks.
^ Criteria will be developed for classification and standards of park
and recreation facilities to serve the recreational needs of resident
populations. The criteria will also r~ect a City park system that
strives for the highest level of service standards, in terms of balancing
visual quality, safety, utility, economy and use ~ciency.
^ Define recreation service areas within the City in a manner that will
maximise availability of recreational opportunities to neighborhood
residents and serve larger community or area populations.
^ Provide an overall park and recreation facilities plan which r~ects
priorities assigned to facilities on the basis of needs and park
classifications.
Element 3: Conduct an evaluation of costs, revenues and funding methods
to implement park land acquisition, facility improvements, and
maintenance/operations. Define specific funding programs and
financing alternatives linked to the park improvement program.
4
^ Identify capital outlay objectives including enhancement of existing
recreation resources, and the development of nezv parks and recreation
assets.
^ Prepare an Operations ~' Maintenance (O ~' M) schedule,
identifying relevant maintenance procedures, costs and operations
support requirements. Evaluate administrative and O ~' M
sta~ng requirements and organisation structure.
^ l~ithin the public participation process, ident~ and recommend
funding options for parks and recreation development. The analysis
will consider public/ private partnerships and alternative funding
methods, local ordinance development and statutory funding sources
through State and Federal programs.
^ Prepare cost projection for future park land acquisition and facilities
development based on build-out objectives.
^ Define priorities, phasing procedures, financing and implementation
strategies to achieve the objectives of the plan.
As work progresses through these elements, and benchmarks are achieved, four
meetings will be conducted with the Department to review progress and status
of planning activities. The Consultant will address issues, findings and
opportunities that become apparent in furtherance of the Department's
objectives.
The following describes the work program related to the elements outlined.
5
Elcrrrerat 1
Assessment of Existing Conditions
Task 1. Project Definition & Organization: Conduct a project
organization conference with departmental staff to:
^ Determine final scope, intent and parameters of the project.
^ Develop liaison and coordination procedures, and identify data retrieval
requirements where City assistance is required.
^ Establish public participation program and user groups representation in the
planning process.
^ Establish concurrence on work program and calendar of work activities.
Task 2. Research & Fact Finding:
A. Research demographics and recreation use characteristics. Review
existing data, demographics, reports and recreation interest group
data. The following information will be sought:
^ Demographic data which profiles population and growth of the City and
surrounding areas.
^ Recreation participation estimates for general population and user groups
by recreation category.
^ Recreation program services including league or individual sports, classes,
seniors, cultural, music, arts and special event programs.
B. Document public recreation facilities and services provided to
resident populations. Identify other entities that may be
considered interlocal partners for recreation services.
C. Review existing budgets and funding programs that sustain public
recreation services, park development and operations and
maintenance.
D. Review existing Department organization, staffing, level of
service and relation to other City government departments.
6
Task 3. Inventory of Existing Recreation Facilities:
A. Visit, inventory, evaluate and document the functional suitability
of existing City parks; document status of County and State
parks in the area.
B. Visit proposed park sites; evaluate current plans for park land
acquisitions and new facilities proposals.
C. The inventory and evaluation of existing facilities shall consist of
site and documents review, preparation of written and/ or
graphic inventory of existing park facilities describing existing
amenities, their apparent conditions, and any proposed site
improvements which may be under current planning or adopted
Capital Improvement Programs.
D. Conduct Department Meeting and Workshop No. 1
Task 4. Recreation User Group & Service Areas Analysis:
A. Develop recreation user group profile and evaluate recreation
programs.
^ Identify frequency of use of recreational resources by user category.
^ Conduct an initial workshop designed to generate user information
related to existing parks and recreation programs.
B. Evaluate and review potential service areas for new parks and
recreational facilities.
^ Conduct analysis to establish recreation service areas within the City.
^ Assess suitability of land for recreation purposes and document
conditions relevant to recreation development.
^ Prepare map at the appropriate scale locating proposed recreation service
areas.
^ Describe recreation facilities to be developed on the basis of perceived
needs and preluivnary demand data.
7
C. Identify other recreational resources including school facilities
and other possible facilities conducive to recreation on an
interlocal agreement basis.
D. Review, research and fact finding with staff. Conduct a
Departmental meeting to assess completeness of inventory and
facilities/ program assessment activity.
Task 5. Needs Analysis
A. Demand Assessment:
^ Conduct and tabulate a questionnaire of user groups to profile needs and
demand. The questionnaire will be facilitated by LMA in cooperation
with the Department at the user group workshops.
^ Facilitate a series of three (3) user group workshops to establish specific
needs, user preferences and issues relevant to recreation development.
^ Develop an estimate of recreation demand for park land, facilities and
services by recreation categories.
B. Statement of Needs:
^ Establish level of service standard in terms of acres per 1,000 population
based on demographics and apparent recreation demand.
^ Prepare a park classification system for parks and recreation
development based on user criteria and interests and demand analysis.
^ Determine relative magnitude of demand for parks through participation
rates analysis by recreation category.
^ Describe recreation program and facility needs in terms of public
recreation activities throughout the City.
^ Conduct workshop to review, evaluate and provide a "reality check" on
findings and to clarify any issues related to Parks and Recreation NEEDS
ANALYSIS.
8
~~e~ent .~
Classifications/ Standards & Improvements
Tasks in this element focus on defining standards and preparing conceptual
facilities/ site plans for parks and recreation. While criteria and classifications
will have been applied during the needs assessment, this element defines
programs, facilities development and operations/ maintenance objectives.
Task 1. Plan & Concepts for Parks:
A. This task will assess standards and utilize needs data for parks
and recreational facilities. The analysis will:
^ Articulate park classification and development standards to recreation
development objectives.
^ Project total demand for land, parks and recreational facilities within the
City based on a build-out or time horizon scenario.
B. Conceptual park improvement graphics will be prepared and
include:
^ Conceptual park graphic models identifying facilities and general site
improvements fox each park classification.
^ Preparation of site selection criteria for potential new park sites.
C. Conduct Department meeting to review park site/facility
improvement concepts and plans and site selection criteria.
Task 2. Prioritize Park & Recreation Development Objectives
A. This task provides an overview of park development and service
area definitions and establishes priorities. Specific data and
descriptions will include:
^ Service Area Descriptions
^ Acreage Requirements
^ Park Classifications
B. Identify park land acquisition and development program:
^ Graphic illustration of recreation service areas development
requirements.
9
^ Narrative of each service area based on needs park development
requirements and populations served.
^ Table and graphic representation of service areas with appropriate park
classifications, acreages and facilities descriptions.
Task 3. Organization, Management & Maintenance
A. Review organizational structure needs for future Parks and
Recreation services, maintenance and operations and make
recommendations on the following:
^ Organization structure and lines of responsibility
^ Staffing requirements and categories of employee services
^ Maintenance program and levels of service
B. Discuss analysis with Department and others involved in policy
procedures where organization and services are a consideration.
^ Describe organization structure
^ Describe staffing
^ Describe maintenance program
^ Describe operational requirements
^ Describe preliminary O & M requirements
'le ~
~c~st~, Funding & ~rnplen~~ntat~on
The tasks outlined in this element of work will proceed during the entire
planning process; however, will be addressed after the basic elements of the
Comprehensive Plan have been organized and there is sufficient definition to
focus on costs, funding and implementation.
Task 1. Evaluation of Revenue Sources & Expense Categories
A. Conduct an assessment of revenue sources utilized or otherwise
available to the Department.
^ Local, State & Federal Funding
^ User Fees
^ Revenue Bond Financing
10
^ Grants
^ Lease Revenues
^ Private Sources
B. Evaluate Capital & Operating Cost Centers.
^ Administrative
^ Program Services
^ Maintenance
^ Operations
^ CapitalImprovements
C. Prepare Projections of Capital Development and O & M Costs.
^ Acquisition Cost Projections
^ Capital Improvement Cost Projections
^ O & M Cost Projections
Task 2. Organize Development Priorities/ Phases
A. Describe park and recreation development priorities formulated
on the basis of acquisition, capital improvements and park
improvement programs. Prepare a draft Capital Improvement
Program (CIP) tied to a specific time horizon.
B. Assign long-term improvement priorities by describing major
objectives and methods for achieving park and recreation
development plans beyond the initial CIP.
Task 3. Funding Methods & Programs
A. Compare funding programs to development objectives and
conduct evaluations of the procedures and state and local
authorizations for funding Parks and Recreational facilities,
programs and services.
B. During initial public participation workshop, assess community
attitudes and consideration for funding. Several options and
funding innovations will be discussed including public
partnerships and privatization. Additionally, an analysis of the
options for funding sources will be conducted in order to identify
methods which may be adopted and implemented by ordinance
or legislative authority.
11
C. Describe application of funding programs to revenue sources
including:
^ User fees
^ Concession contracts
^ Growth impact fees
^ Sponsorships
^ Special Assessment Districts
^ Revenue bonds
^ Public/private partnerships
^ Special Events revenues
^ Other sources or methods
D. Evaluate funding options in terms of their respective probability
of being used or implemented and the extent to which they will
generate new fund sources.
Task 4. Policy Recommendations
A. Draft policy language in a manner consistent and beneficial with
the Department's organization, service objectives and the
implementation of the Parks and Recreation Development
program.
B. Identify ordinance or legislative requirements that may be needed
to implement the Parks and Recreation Comprehensive Plan.
C. Review funding methods and implementation procedures with
the Department and appropriate City Staff.
Upon completion of the Work Program, LMA will assemble the Draft
Comprehensive Parks d~ Kecreation System Plan and review the plan with the
Department, incorporating additions or changes into the final Draft. The Final
Draft will be submitted to the City for acceptance and/or adoption. LMA will
participate in the draft and final documents review process.
12
~'e ~~',~'e~vic~/l ch~dul~
The services herein proposed, inclusive of research, analysis, planning, reviews
and acceptance of the final draft by the Department will be performed within
four (4) calendar months from the date of authorization to proceed. Each
element of work will be completed in succession except for overlap in certain
planning activities.
Element 1: 3 weeks
Element 2: 8 weeks
Element 3: 4 weeks
Close-out Activities: * 1 week
Projected Time Frame: 16 weeks
* The 912 calendar days time allotted may be extended
due to public meeting schedules and public notice
requirzmentr for final draft review.
Tentative Meetings and Workshop Schedule
1. Project Organizational Meeting 1
2. Public Participation Workshops 3
3. Departmental Workshops 2
4. Departmental Meetings 4
5. General Public Workshop 1
6. Final Draft Review Meetings 1
13
I~~natio~a Su~~r~~t ~'r~uide~' b~ y
~ of 111!~~rid~an
The following documents, maps, data and incidental materials and support
services may be needed:
^ Current park and recreation budget and funding programs, sources and general
fiend allocation for 1998 and 1999.
^ Current park and recreation staffing and organization including full-time and part-
time or seasonal employees and volunteer support services.
^ Current recreation programs and services for one fiill operating year including all
classes, sports programs, special events and other recreation services.
^ User data including identified recreation user groups, name registrations, titles,
schedules of park use.
^ City of Meridian Comprehensive or General Plan, land use element, spheres of
influence and annexation plans.
^ Historic profile of the City of Meridian.
^ Listing of schools and school enrollment for 1998-99.
^ Climatological data fox Boise/ Meridian area
^ Maps of the City and physical descriptions of existing parks, trails and open space
areas within the Ciry.
^ List or description of private recreation resources or service provider within the
Ciry.
^ Base maps of City and of any public (city, county or state) recreation resources for
which maps have been prepared.
^ Participation in user groups workshops (2 staf fl.
14
"~~ .~'~-o~~~~l
I-~ $ 16,560
RWD 4 500
Service Fee: $ 21,060
Reimbursable Expenses:
Communication $ 210
Reproduction 480
Travel/ Hospitality 3,000
Misc. Expense 250
Sub Total: ~ 3,940
Total Fee Amount: $ 25,000
The following service fees are proposed on the basis of required level of service,
hourly rates and projected expenses. The total fee proposed is a fixed fee
amount.
Expenses projected for this assignment are to be reimbursed on the basis of
actual expense incurred. Final document reproduction expenses are reimbursed
on a cost plus 12% basis.
NOTE: This fee proposal is valid for sixty (60) days from date of submittal.
Pro essional Services Time:
15
A
Exhibit B
Standard Hourly Rates 8v Billin Polic
LANDERMAN-MOORE ASSOCIATES
Effective January 1999
The following rates are for services performed on the basis of time and expense, or as
provided within a specific agreement or contract for professional.
HOURLY RATES:
Principal 85.00/ hour
Associate 55.00/ hour
Research Assistant/ Graphics 40.00/ hour
Technical/ word Processing/ Computer 30.00/ hour
REIMBURSABLE EXPENSES:
Vehicle Mileage 31 Yz~/miles
Travel: Air & Ground Transport At Actual Cost
Lodging/ Meals At Actual Cost
Communications At Actual Cost
Reproduction At Actual Cost
plus 12%
* Portal-to-Portal miles applied.
Unless otherwise provided in services agreements, hourly rates are applied for those
services required within and/ or outside the office and for the purpose of field
research, travel, meetings and duties relevant to an assignment requested or
authorized by the client or performance of services under contract.
Invoices transmitted to clients are due and payable upon receipt unless there is an
agreed payment schedule which states the terms and schedule of payment of
services.
16