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HomeMy WebLinkAboutResolution #3978 RESOLUTION NO. 3978 A RESOLUTION APPROVING A PROPOSAL FOR PROFESSIONAL PLANNING AND ZONING SERVICES BY AND BETWEEN MOHR & KERR ENGiNEERING AND LAND SURVEYING, P.C., AND THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City solicited a proposal for professional planning and zoning services from Mohr & Kerr Engineering and Land Surveying, P.C., and entered into negotiations on the scope and costs of proposed services; and WHEREAS, the City Council of the City of Canton has determined that it is necessaxy and in the best fiscal interests of the City of Canton to accept Mohr & Kerr Engineering and Land Surveying, P.C.'s proposal for professional planning and zoning services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor of the City of Canton, Illinois, is hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City council of the City of Canton, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 17th day of January, 2012, upon a roll call vote as follows: AYES: Aldermen Schenck, Pasley, West, Nelson, Ellis, Hartford NAYS: None ABSENT: Aldermen Fritz, Pickel A RO D: Kevin R. Meade, ayor _~~~TE • ~ Di cker, City Clerk STANDARD SHORT FORM PROPOSAL AND AGREEMENT FOR CITY OF CANTON PLANNING AND ZONING SERVICES Client Name and Address: City of Canton 2 North Main Street Canton, IL 61520 Client Contact Information: Mayor Kevin R. Meade Administrator, Jim Snider Project Name and Location: City of Canton Planning & Zoning Director for 2012 Effective Agreement Date: January 23, 2012 SCOPE OF WORK: Pursuant to 65 ILCS 5/3.1-30-5 and Section 10-17-2 of the Canton Municipal Code, client hereby appoints Mohr & Kerr Engineering and Land Surveying, P.C. (MKELS) to service as its Planning and Zoning Director in connection with the above referenced Project. John Kunski as an employee of MKELS, will provide services to the City of Canton, act on its behalf and as its agent in performing the following governmental services: 1. Act as a liaison between property owners, contractors, developers, building inspectors and code reviewers and the City of Canton. 2. Review building permit application for conformance to the City Code. 3. Review building plans. 4. Coordinate with the Canton Fire Department on review of building plans. 5. Issue all building permits, roofing licenses, curb cut permits and right-of-way occupancy permits on behalf of the City. 6. Maintain permanPnt recerds/database of admini~tration and enforcement and provide monthly updates to the City Clerk, Public Works Director, Fire Chief, Code Enforcement Officer and Township Assessment Office. 7. Attend Department Head, Committee, Council, Zoning Board of Appeals, Planning and Zoning Commission and Development Review Committee Meetings as requested or required. 8. Conduct inspections of uses of land and structures in conjunction with the Public Works Director and Canton Fire Department. 9. Coordinate with Canton Code Enforcement Officer on conflicts. 10. Coordinate with the City Attorney on compliance actions. 11. Other items as directed or requested by the City. ~ ~ FEE STRUCTURE: Professional services will be provided on the following hourly basis: Building Inspector/Plans Examiner/Zoning (up to and including 40 hours per week): $45.00/hour Building Inspector/Plans Examiner/Zoning (over 40 hours per week): $65.00/hour Actual work hours will be agreed upon between John Kunski and the City. It is anticipated that MKELS will provide 32 hours of services per week to the City. Overtime is not anticipated nor will be worked or billed without prior approval. 2012 invoices shall not exceed $72,000.00 per year without prior written approval. Any additional services outside the scope of this agreement shall be negotiated and agreed upon by MKELS and the City prior to proceeding. GENERAL TERMS AND CONDITIONS: TERMS OF PAYMENT: MKELS will submit invoices for work which has been completed. If any invoice is not paid within 30 days of the invoice date, late payment charges of 1.5% per month, or fraction of a month, or the highest lawful interest rate of the State of Illinois, will be due. Fees are not contingent on client receipt of funds. If invoices under this Agreement are not timely paid, MKELS may, after giving seven days written notice to client, suspend services under this Agreement. FEE METHODS: Client shall pay MKELS based on the hourly rate noted above. The hourly rate shall include all direct payroll expense, overhead business costs, and profit due MKELS for the services. REIMBURSABLES: No reimbursable expenses should be submitted on invoices to client without prior approval from client. Reimbursable expenses include, but are not limited to the actual non-labor expenditure incurred on the project, including travel, printing, telephones, mailing, specialized equipment or tests. CHANGES IN THE SCOPE CHARACTER OR CONTENT OF THE PROJECT: Services resulting from significant changes in the scope, extent, or character of the portions of the project or method of financing will require a modification to the agreement. Any changes, modifications or alterations to the project's scope will require that MKELS and client mutually agree in writing to such changes or modifications to the scope in this agreement. It is understood by both parties that the proposal is specifically written for the services of John Kunski. If for any reason MKELS can no longer provide services by John Kunski, MKELS may not be able to continue to provide the service offered in said proposal. The City of Canton shall waive any entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the inability to continue to provide the services. STANDARD OF CARE: The standard of care for all services under this agreement will be the care and skill ordinarily exercised by members of~ the profession practicing under similar circumstances in the same time and in the same locality. No warranties expressed or implied, under this agreement or otherwise, in connection with provided services. MUTUAL INDEMNIFICATION: Client indemnifies and holds MKELS and its shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands liabilities, suits, causes of action, judgments, costs, and expenses, including reasonable attorney's fees, arising or allegedly arising from personal injury, death, property damage, including loss of use thereof, not otherwise protected by the Illinois Governmental and Governmental Employees Tort Immunity Act, which may be the result of the negligence of either MKELS or client, their agents or employees, while MKELS is performing services under this agreement. As officer and agent of the client, MKELS to the extent allowed by law, will have the protections of the local Governmental and Governmental Employees Tort Immunity Act. OWNERSHIP OF DOCUMENTS: All documents produced by MKELS under this agreement shall remain the property of the City of Canton and can be used by client for any purposes without the permission of MKELS. TERMINATION OF SERVICES: This agreement may be terminated by the client or MKELS with thirty (30) days notice to the other. In the event of termination, all expenses within the scope of services rendered to date shall be paid by the client to MKELS. APPLICABLE LAWS: This agreement shall be governed by the laws of the State of Illinois. ~ •M ~ COMPLETE AGREEMENT: This agreement represents the entire understanding of the parties and may not be modified except in writing. Accepted By: Submitted By: CLIENT: CITY OF CANTON MOHR & KERR ENGINEERING AND LAND SURVEYING, P.C.: Sign: Sign• i~~-- .1~~ / ~ Print: Print: ST~-vC~ ~ . ~~-2 Title• ~ Title• ~i~ES~~c--~~ j Date• Z~' ~ 2, Date• Zi-i - 1Z