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HomeMy WebLinkAbout2006-002 - Service Agreement with Development Staregies IncE BILL N0.2006-02 ORDINANCE NO.2006-02 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO AN AGREEMENT FOR SERVICES WITH, AND PAY CERTAIN FUNDS TO, DEVELOPMENT STRATEGIES, INC. WHEREAS, Development Strategies, Inc. ("Contractor") is a corporation providing services, including certain planning and economic development analysis services ("Services"); and WHEREAS, Contractor desires to provide such Services and requires funding to provide services to the City; WHEREAS, the City finds that the provision of the Services is a public purpose and the City has the capability and desire to retain Contractor for the provision of such Services to the City. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The City finds that the provision of the Services contributes to the welfaze of the City as well as the economic and social potential of the City and its residents, that the Services aze important to the welfare of the City and that the provision of funds to assist in providing such Services are for a public purpose. Section 2. The City of Riverside shall pay Contractor a total of Fourteen Thousand Four Hundred Dollars ($14,400.00), plus reasonable expenses in accordance with the City policy for employees (in an amount not to exceed $5,000.00), in exchange for his Services pursuant to an Agreement for Services to Assist in Riverside, Missouri Comprehensive Plan (the "Agreement"), in substantially the form attached as Exhibit A, which is hereby approved. Section 3. The Mayor Pro Tem and City Clerk are authorized and directed to execute the Agreement, execution of such document being conclusive proof of such approval. The Mayor Pro Tem, City Clerk and City Administrator are each authorized and directed to perform all acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance. Section 4. The sections, paragraphs, clauses, and phrases of the Ordinance aze severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 5. This ordinance shall ta~k effect i diately. ADOPTED AND PASSED THIS~i' llAY OF ~ ~ , 2006. ~.._O Q ~~ MAYOR PRO TEM THE CTTY OF RIVERSIDE, MISSOURI ATTEST: .. L,,.. C CLERK DEVELOPMENT ~TRATEGIES® ~n>~; ~~ ~r ~~~r5 ~~~ ai~:_v. r,~ i.~ i c. < <~~i~i~~~~rn _.~~n i_t•~~~~,~{ic ~i.~~r.l.or>~<<,~r. arai. r s~ =cn :at~r>it.vs.~i, December 27, 2005 City of Riverside 2950 N.W. Vivion Road Riverside, Missouri 64150-1502 RE: Agreement for Services to Assist in Riverside, Missouri, Comprehensive Plan This letter forms the agreement between the City of Riverside, Missouri, and Development Strategies, Inc. (DSI) for certain services, described below, to assist in the planning Process in the City. The City has commissioned Waterford Property Company to prepare a master plan for future growth and change in Riverside using a diverse public participation process. Development Strategies will assist in this effort with a technical analysis of economic development opportunities, the identification of preferred locations for certain types of economic development to maximize capture rate potential, and a projection of city tax base expansion that might be obtained from future community growth. This agreemem is based on the memorandum from Bob Lewis to Ned O'Connor of Waterford Property dated December 19, 2005. DSI's responsibilities are described as follows: 1. Prepare a brief summary of Kansas City regional economic forces and how Riverside fits into that comext particularly as these forces affect land use changes. 2. Prepare a detailed demographic and psychographic analysis of Riverside including slow, medium, and fast projections of population, labor force, and employmem growth. 3. Analyze the city's budgeted revenues to determine key sources of municipal income and how these relate to preferred land uses. 4. Determine strengths of the city's economy in terms of retail buying power; the ability to capitalize on its road and highway network to attract visitors, employees, and employers; and the availability and location of developable or redevelopable land. 5. Project potential land use demand by acres of land and square feet of floor area or housing units. Pro- jections will be in five-year increments for up to 25 years. 6. Identify preferred locations for specific land uses (large and small scale retail, various industrial cate- gories, higher and lower density residential, etc.) based on land availability matched against demand. This will be completed for three scenarios of low, medium, and fast rates of growth. DSI will not, however, be responsible for formally mapping these locations but will rely, instead, on base maps provided by the City and other members of the consulting that. 7. Incorporate citizen and business attitudes and ideas from ETC's surveys and from public meetings to assure that recommendations reflect a consensus direction of the community. 8. Preparation of asingle-document report that incorporates all of DSI's findings, conclusions, recom- mendations, and methodologies. Ric•Irard <~. fPnrd. CKLs, C'EcD, .dK'T l~oberi if. Le~a'i.c, .-(/('1'', t'F.cL? Lrrn~ L..11nr-ks, . tbl, :{K'I' Brad ReL~Kc, A /~l/ 10 South Broadway • Suite 1500 • St. Louis. Missouri 63102-1743 13ind F;pr~nruur f:nrirr NcrXmm~rr • 314/421-2800 • Fax 314/421-3401 .. _~. ~ .. .l A.I L"ity of Riverside, Missouri Comprehensive Plan Services December 27, 2005 Page 2 of 4 We understand that Riverside has assembled a number of land use concepts and economic projections prepazed by various consultants for portions of the City, particularly the Riverside Horizons project area. We will utilize this information to the greatest extent advisable so as to avoid duplication of services; however, we will make independent conclusions based on current conditions. We will rely heavily on available secondary data from national vendors and the federal govemment, state of Missouri resources, the Mid-America Regional Council, local real estate brokers, interviews of knowl- edgeable experts in the area, and the experience of similar locations in greater Kansas City. Our budgeted fee to accomplish these tasks is $14,400 (plus direct expenses) including personnel time for two trips to Riverside for necessary personal interviews and for participation in public forums. We will rely on other consultants and/or the city to provide adequate base maps and other information at their disposal that could be relevant to the economic analysis. Thank you for including DSI to be part of the team on this project. We look forward to working with Riverside's officials and residems. Respectfully submitted and approved on behalf of DEVELOPMENT STRATEGIES, INC. Richard C. Wazd, CRE, AICP, CEcD CEO, Senior Principal Robert M. Lewis, AICP, CEcD President, Principal ACCEPTANCE Provided the terms and conditions shown herewith of this proposal aze acceptable, please so indicate by sig- nature, both below and on the attached Standazd Terms and Conditions, as authorization for us to proceed. If another form of agreement is desired, we will be pleased to work with you to arrive at one that is mutually acceptable. Accepted on behalf of: City of Riverside, Missouri Name (prinrortype) /1ss~v ~rz /.va`+ Title Dat~ ~ ~~---=G~ Attachment: Standard Terms and Conditions . --T- ~ ., .'T A~ I City of Riverside, Missouri Comprehensive Plan Services December 27, 2005 Page 3 of 4 ATTACHMENT DEVELOPMENT STRATEGIES Standard Terms and Conditions 1. This Agreement is made by and between Development Strategies, Inc., hereinafter referred to as "DSI", and The City of Riverside, Missouri, hereinafter referred to as "Client". 2. The Agreement between the parties consists of these Slandatd Terms and Conditions along with the attached agreemem letter dated December 27, 2005, and a~ additional exhibits or attachments noted in the letter. To- gether, these elements will constitute the entire Agreement superseding any and all prior negotiations, corre- spondence, of agreements either written or oral. Auy changes to this Agreement must be mutually agreed to in writing. 3. DSI will strive to perform its services in a manner consistent with the level of care and skill ordinarily exercised by consulting professionals practicing contemporaneously under similar conditions in the locality of the project. Nothing in this Agreement shall be construed to constitute an expressed or implied warranty, including (but not limited to) a~ warranty or merchantability or fitness for a particular use. 4. Client hereby grants or will obtain access to the subject Property, where necessary, for DSI to perform the work set forth in this Agreement. Client will notify any and all persons or entities in possession of the subject prop- erty that Client has granted DSI five access to the site. 5. In addition to the estimated budget set forth in the proposal, DSI will bill Client for reasonable out of pocket expenses incurred while performing services for the Cliert in an amount equal to the actual expense. These ex- penses include, without limitation, such items as courier fees, printing, photography, non-local telephone charges, overnight delivery services, telefax, travel expenses, photocopying, and Purchase of data from a thins party vendor. 6. Invoices will be submitted monthly and will consist of fees for the percent of services completed to date plus reimbursable expenses. Invoices will include itemized summaries of services completed, either in whole or in part Full payment on each invoice is to be received within 30 calendar days thereafter. If any invoice is not paid in fiill within such 30 calendar day period, interest will be charged commencing on the date payment was due at a monthly rate of one percent (1.0%), compounded montlily. In the event the payment is not received within thirty (30) days niter the date it was due, DSI reserves, in its sole discretion, the right to suspend per- formance of services, withhold documents and other deliverables, terminate its agreement wiW Client, and take all such other legal or equitable actions. The suspension of services, termination of the Agreement, or the tak- ing of such other actions shall not subject DSI to a~ claim for breach of contrail or gyve rise to arty right of set- offby Client. 7. The final invoice will be submitted with tire final report. Full payment is to be received within 30 calendar days thereafter. If a~ invoice is not paid in full within such 30 calendar day period, interest will be charged com- mencing on the date payment was due at a monthly rate of one percem (1.0%), compounded monthly. 8. The total liability of DSI, its off cers, directors, shareholders, employees, and agents, to the Client or any person or entity claiming by or through the Client, for a~ loss, injury, expense, damage, or other claim directly or indi- reillyarising from DSI services, the project, or the agteemem, including, without limitation, any negligence, breach of contract, professional error or omission, or strict liability on the part of DSI, its officers, directors, shareholders, employees, or agents shall not exceed the total amount of compensation earned under this Agrce- mem. 9. This Agreement may be terminated by eiWer party seven (7) days after written notice in the event of any breach of any provision of this Agreement or in the event of substamial fail»re of performance by the other party, or if Client suspends the work for more than three (3) months. In the event of termination, DSI will be paid for ser- vices performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the oust of completing the analyses, records, and reports necessary to document job status at the time of ter- mination. 10. Neither party shall have any liability to the other party for loss of product, loss of profit, loss of use, or any other indirect, incidental, special, or consequetuial damages utcurred by the other party, whilher brought on an ' City of Riverside, Missouri Comprehensive Plan Services December 27, 2005 Page 4 of 4 action for breach of contract warranty, tort, or strict liability, and irrespective of whether caused by or allegedly caused by either party's negligence. 11. All documems are prepared solely for use by Client and shall not be provided to any other person or eruity without DSI's written consent nor shall they be mentioned, communicated, disclosed, or referred to in any of- fering, circular, securities offering, loan application, real estate sales documentation, or similar promotional ma- terialwithout the express written authorization of DSI. Client shall defend, indemnify, and hold harmless DSI, its officers, directors, shareholders, employees, and agents from and against any action or proceeding brought by any person or entity claiming to rely upon information or opinions contained in reports or other documents provided to such person or entity, published, disclosed, or referred to without DSI's written consent. No party other than Client may rety, and Client shall make no representations to any party that such party may rety, on documents delivered hereunder without DSI's express written authorization 12. The laws of the State of Missouri will govern the validity of this Agreement, these terms and conditions, their interpretation, and their performance. 13. If arty of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceabil- ity of the remaining provisions will not be impaired Limitations of liability and indemnities will survive termi- nation of this Agreement for a~ cause. 14. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective succes- sors and assigns. Neither party may assign its interests herein (unless assignee assumes, in writing, assignor's obligations hereunder) without the prior written consent of the other party, which consent will not be unrea- sonably withheld No assignment shall operate to relieve the assignor of its obligations under the Agreement. 15. It is agreed that this contract is entered into by We parties for the sole benefit of the parties to the contract and that nothing in the contract shall be construed to create a right or benefit for any third party. 16. Neither party shall hold the other responsible for damages or delay ni performance caused by weather and other acts of nature, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employ- ees and agents. 17. The parties have read the foregoing, including any attachments thereto, underslatrd completely the terms, and willingly enter into this Agreement which will become effective on the date signed below by Client. CITY OF RIVERSIDE, MISSOURI DEVELOPMENT STRATEGIES, INC. f~,~~„~w~/ ,,~ ~ «,,~/ Richard C. Ward Autir Representative (type ~ print name) Aut tative (ty a or prim name) ~~ ~~ i e of Authorized tative Signature of u orized Representative ~o~ ~ %~ ., Chief Executive Otticer Title' Title 2 I ~-~o ~ ° Date Date . _ ~. ~ .... ,~ Q~