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HomeMy WebLinkAboutRES.167.12-18-1985 BILL NO. 85-121 RESOLUTION N0. � � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMPREHENSIVE PLAN UPDATE CONTRACT WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLL041S: SECTION 1 . The City Manager is hereby authorized to enter into a Comprehensive Plan Update Contract with the Southeast Missouri Regional Planning and Economic Development Commission . A copy of this Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTFD THIS ����� DAY OF , 1985 . �C/��_�. Howard C. Tooke, Mayor ATTFST: ,��� _ �° �� ! �f � L. Alvin M. Stoverink , City Clerk COMPREHENSIVE PLAN UPDATE CONTRACT BY AND BETWEEN THE CITY OF CAPE GIRARDEAU AND THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOb9IC DEVELOPMENT COh1MISSION PERRYVILLE, b4ISSOURI THIS AGREEb1ENT, entered into this day of December, 1985, by and between the City of Cape Girar�c eau, Missouri, herein- after referred to as the "City," and the Southeast Missouri Regional Planning and Economic Development Commission, with principal offices located in Perryville, Missouri, hereinafter referred to as the "Commis- sion," witnesseth that: WHEREAS, officials of the City of Cape Girardeau have expressed a desire to have professional assistance in the preparation of an up- date to the City's Comprehensive Plan; and, WHEREAS, the Southeast Missouri Regional Ylanning and Economic Development Commission has technical staff capabilities to provide such planning assistance and has in its employ Planners-In-Charge who have been certified by the State of h4issouri as being qualified to participate in and direct comprehensive planning projects consistent with the re- quirements of Title VII, Section 701, of the E�ousing Act of 1954, as amended; NOW, THEREFORE, in consideration of tlie foregoing and of the mutual covenants and agreements hereinafter set forth, the parties, hereto, and legally intending to be bound thereby, do covenant and agree for themselves and their respective successors and assigns as follows: ARTICLE I EMPLOYMENT AND DUTIES OF COb9�4ISSION (a) The City hereby agrees to engage the Commission and the Commission hereby agrees to do, perform, and carry out, in a profes- sional manner, as set forth in the "Scope of Services" as defined in the attached Appendix A (which is appended hereto and made a part of this contract) in connection with an update to the City of Cape Girardeau's Comprehensive Plan. This contract is specifically designed to finalize the necessary mapping, land use data analysis, and prepa- ration of an update to the City's Comprehensive Plan. (b) The Commission shall perform all of the necessary services provided under this contract in connection with and respecting the fol- lowing area herein called the "planning area": all of that area lying within the corporate area of the City and areas immediately adjacent to the corporate boundaries which are developed for urban land usage. (c) The Commission will furnish a professionally qualified pei•- son who shall be called the Planner-In-Charge. All of the services required hereunder shal] be performed by the Planner-In-Charge, or under his immediate direction. The Planiier-In-Charge shall fui•nish personal services and time in the amount necessary to accomplish effectively the planning work proposed in this contract. The Comrnis- sion shall secure at its own expense all personnel required to perform the services under this contract. Personnel performing or supervising the performance of engineering, architectural, legal or other similar professional services, who by Statute are to meet State qualifications, shall be registered or licensed when so required. The Planner-In- Charge of the work program covered by this contract shall be Brian J. Balsman. In the event the Planner-In-Charge of this project shall die or otherwise become unavailable for any cause, the Commission shal] furnish another Planner-In-Charge. (d) The work done by the Commission's staff and the Planner-In- Charge shall be under the supervision of the Commission's Executive Director. (e) None of the work or services covered by this contract shall be subcontracted without prior written approval of the City. (f) The scope of work to be done under this contract shall be subject to modification and supplementation upon the written agreement of the duly authorized representatives of the contracting parties. f�owever, should the contracting parties be unable to agree unanimous- ly, then the recommendations of the Commission shall prevail, such recommendations to be given in writing. No modification of the terms of this contract shall be made that would change the total contract price, unless such changes, including any increase or decrease in the amount of the Coma�ission's compensation, are mutually agreed by and between the Commission and the City and shall be incorporated in written amendments to this contract. (g) The activities of the Commission's staff and associates shall be fully coordinated with the activities of the City Planning Commis- sion. As the work of the Commission's staff progresses, the Commis- sion's advice on matters of immediate concern to the City Planning Commission and related to the specific program covered by this con- tract shall be made available to the City Planning Commission during the period of the contract, but such advice shall not be required to be given if the time consumed in the giving thereof would impede progress of the specific work program covered by this contract. (h) The work accomplished by the Commission under this contract shall be reviewed by the City Planning Commission periodically. The approval, disapproval, or suggestions of the City Planning Commission shall be reported in writing to the City blanager at such times as the City may request, or as deemed necessary by the City bianager or the City Planning Commission. (i) The Commission shall provide copies of all interim and final reports and maps to the City Planning Commission, as set forth in Appendix A of this contract. Progress reports, as required by the City, shall be made from time to time. (j) The Commission shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due or to be- come due the Commission from the City under this contract may be as- signed to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. (k) Any reports, maps, information, data, et cetera, prepared or assembled by the Commission under this contract which the City re- quests to be kept confidential shall not be made available to any individual or organization by the Commission without the prior written approval of the City. Page 2 of 7 pages (1) The Commission shall save harmiess the City from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the Commission or any employee, or on account of any claims or amount recovered by an infringement of patent, trademark, or copyright, or "Workmen's Compensation Laws" or any other laws. The Commission shall not be released from such responsibility until all claims have been settled and suitable evidence to the effect furnished the City. (m) The Commission will repay any payments which, at any time the project is audited or at the time of final audit, are determined to be ineligible under this contract by the Commission's auditing firm. (n) The representative of the Commission, authorized by the Commission to execute and administer the terms and conditions of this contract, shali be Thomas G. Tucker, Executive Director, or if the position of Executive Director be vacated, the person authorized by the Commission as Acting Executive Director. ARTICLE II CITY (a) The City agrees to make available to the Commission all maps, records and data on file that will assist the Commission in the dis- charge of the services herein contracted. (b) The City, its officials and employees, and the members of the City's Planning Commission shall cooperate with the Commission's staff in the discharge of their responsibilities under this contract and will be available for consultation with the Commission's staff at such rea- sonable periods as not to conflict with their own responsibilities. (c) The City agrees that the services of tlie City Attorney shall be used in interpreting any legal issues which may arise during the course of this contract. (d) The representative of the City, authorized to administer the terms and conditions of this contract, including authorization of pay- ments in accord with provisions of Article XI, Section (a) , as follows, shall be the person employed by the City as City �Qanager. ARTICLE III EQUAL Eti1PLOYMENT OPPORTUNITY In carrying out the project work, the Commission wiil not discrim- inate against any employee or applicant for employment because of age, race, sex, religion, color or national origin. The Commission will take affirmative action to ensure that applicants are empioyed, and that em- ployees are treated during employment, without regard to their age, race, sex, religion, color or national origin. Such action shall in- clude, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The Commission a�rees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimi- nation clause. The Commission will, in all solicitations or acivertise- ments, state that all qualified applicants will receive consideration for employment without regard to age, race, sex, religion, color or I'age 3 of 7 pages national origin. The Commission shall inclucle similar provisions in all subcontracts for services covered by this contract. ARTICLE IV INTEREST OF MEMBERS AND EMPLOYEES OF THE COMMISSION AND THE CITY AND ITS OFFICIALS AND �I�9PLOYEES No officer or employee of the Commission or member of its gov- erning body who exercises any functions or responsibilities in con- nection with the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. If any such member, officer, or employee presently has, or in the future voluntarily acquires, any such person- al interest, he shall immediately disclose such interest to the City. Upon such disclosure, such member, officer or employee shall not par- ticipate in any action by the Commission affecting the carrying out of the project. No official or employee of the Commission and no official or em- ployee of the City or its governing body and no other public official of the locality or localities in which the project is situated or Ueing carried out who exercises any functions or responsibilities in the re- view or approval of the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any coiitract or proposed con- tract in connection with the project. ARTICLE V OFFICIALS NOT TO BENEFIT No member of, or delegate to, the Congress of the United States of America, nor the Legislature of the State of Missouri, shall be permitted to any share or part hereof or to any benefit to arise here- � from. ARTICLE VI IDENTIFICATION OF DOCUbiENTS All maps, reports, and other documents completed as a part of this contract, other than documents specifically for internal use with the Commission, shall carry the following notation on the title page (or, in the case of maps, in the title block): This planning project contracted through the Southeast Missouri Regional Planning and Economic Development Commission. The preparation of this map (or report) was financed with funds provided by the City of Cape Girardeau, hfissouri. along with the date (month and year) the document was prepared. Excluded from the provision are any legal documents prepared in or- dinance form for action by the City Council. � u�„a a „f � .,��o� ARTICLE VII COPYRIGHT AND DISPOSITION OF ORIGINAL DOCUMENTS AND MAPS (a) No reports, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Commission. (b) All original typed reports or documents, or maps, prepared by the Commission under the terms of this contract, shall be deemed to be the property of the City. Any such original materials, however, shall be filed, stored, or otherwise retained by the Commission until such time as the City may demand, for just cause, tliat they be de- livered to the City. The Commission shall retain the right to repro- duce any such original materials and retain any such reproductions for its records. ARTICLE VIII TERMINATION OF CONTRACT (a) The Commission shall have completed all work covered by this contract and this contract shall terminate as specified in the con- tract unless extended by mutual consent of the City and the Commis- sion. In the event that work is not completed by that date and mutual consent of the two parties for extension of the contract is not obtain- • able, the following procedures shall be followed: (1) if refusal to extend is by the Commission, paragraph (c) of this section shall ap- ply; (2) if refusal to extend is by the City, paragraph (d) of t11is section shall apply. (b) This contract may be terminated prior to the expiration of the contract period specified by unanimous written agreement by the two parties to this contract; or, (c) If, through any cause, the Commission shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Commission shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have tlie right to terminate this contract by giving written notice to the Commission of such termination. In such event, all finished and unfinished docu- ments, data, studies, surveys, drawings, maps, models, reports, photographs, et cetera, prepared by the Commission under this con- tract shall become the City's property and the Commission shall be en- titled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Commission shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of ttie contract by the Commission and the City may withhold any payments to the Commission for the purpose of set-off until such time as the exact amount of dam- ages due the City from the Commission is determined. (d) The City may terminate this contract at any time by giving a written five (5) day notice to the Commission. If the contract is terminated by the City as provided herein, the Commission will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Commis- sion covered by this contract, less payment of compensation previously made. Page 5 of 7 pages ARTICLE IX OFFICE SPACE The City hereby agrees to make available to the Commission, without charge to the Commission, the space needed for compiling data from City records and the City hereby agrees not to include any charge for such space. The space shall be furnished only with avail- able furniture and shall not include special equipment. ARTICLE X TIME OP' PERFORMANCE (a) The services of the Commission are to commence when notified in writing by the City and shall be undertaken in such sequence as to assure their expeditious completion in relation to the purposes of this contract, but in any event, all of the services required hereunder shall be completed and submitted to the City on or before the expir- ation of twelve (12) calendar months following the date of execution of this contract. (b) If the work specified under the terms of this contract is not completed within twelve (12) consecutive calendar months following the date of execution of this contract, through no fault of the Commission, the City's authorized representative shall have the authority to extend this contract by a period not to exceed six (6) months. Any sucli ex- tension shall be issued to the Commission in writing and properly entered in the City's records regarding this conti-act. (c) If the amount of work required under the terms of this con- tract results in the expenditure of the total amount of funds available prior to the termination of the contract, then the contract shall be considered to have been completed. ARTICLE XI COMPENSATION TO THE COMMISSION (a) It is agreed between the parties that the City shall pay to the Commission all expenses incurred in the execution of the woi•k specified under this contract, which sum shall not exceed Twenty-Five Thousand Doilars ($Z5,000.00). All requests for reimbursement under the terms of this contract shall be submitted to the City in writing, with appropriate documentation of work completed and expenses in- curred. (b) Costs incurred prior to the execution of this contract may Ue considered as eligible project costs, provided they are incurred in conformity with the provisions of this contract. (c) In addition to charges for staff time required for carrying out the intent and purposes of the contract, other charges such as those for administration and bookkeeping, auditing, supplies, telephone charges, general overhead costs, and the like shall be considered to be eligible costs chargeable to the contract. Eligible costs shall include payment for all travel and subsistence expenses incurred in the performance of said services. Extraordinary expenses incurred by clirection of the City shall be paid by the City. Extraordinary travel expenses shall include travel directed by officials of the City, or tt�eir authorized representative, which would not be carried out as a part of the normal responsibilities of the Commission. Page 6 of 7 pages Schedule of Compensation Payment to the Commission, authorized under the terms of this contract� shall be made for any month for which the Commission sub- mits the specified written request for reimbursement, with appropri- ate documentation of work completed and expenses incurred. When the specified work is completed, either before, after, or within the basic twelve (12) month period of the contract, the Commission shall notify the City of final billing in writing and the City shall acknowledge completion of the work and termination of the contract in writing submitted to the Commission with the final reimbursement. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF CAPE SOUTHEAST �9ISSOURI REGIONAL GIRARDEAU, �9ISSOURI PLANNING AND ECONOMIC DEVELOPMENT COMMISSION BY BY_�L(/•8�2'X.('J'� �i�lG�ift.�. GARY A. EIDE, H-.-�VELDON MACKE, CITY MANAGER CHAIRMA i ) Attest Attest '/ �.r,;� aC���/ ,4-�-t'�-� ' Thomas G. Tucker, Executive Director Page 7 of 7 pages APPENDIX A Scope of Services This scope of services is appended to and made part of a contract by and between the City of Cape Girardeau, �lissouri, and the South- east Missouri Regional Planning and Economic Development Commission for carrying out Phase II of an update to the City's comprehensive plan. The second phase of the comprehensive plan update shall en- compass finalization of necessary land use mapping, collection and analysis of various data items, meeting with the City's administrative officials and City Planning and Zoning Commission, and provision of a written update to the City of Cape Girardeau's comprehensive plan. During the course of this contract, the Southeast Missouri Re- gional Planning and Economic Development Commission shall provide the services of a Planner-In-Charge, as certified by the Missouri Office of Administration, drafting staff and other personnel as may be required in order to effectively carry out the work outlined in this scope of services. 1. COORDINATION AND MEETINGS The Commission's staff will be available to meet with the City's elected and appointed officials and with the Planning and Zoning Commission of the City of Cape Girardeau at such times as may be necessary, and desirable, to carry out the provisions of this con- tract. The staff will also be available to meet with the City Manager, Mayor, and City Council, and other City personnel, in- cluding the membership of the City's Planning and Zoning Commis- sion, in order to provide information concerning the status of the activities associated with the comprehensive plan update and in order to provide information that needs to be reviewed by various officials. In order to provide sufficient time for scheduling and preparation of materials for presentation, the Commission's staff will be notified seven (7) calendar days prior to such meetings. 2. REVIEW AND UPDATE OF THE ADOPTED GOALS AND OBJECTIVES OF THE CITY PLAN The planner will work with the City Planning and Zoning Commis- sion membership in reviewing and updating the goals and objec- tives of the comprehensive plan. Recommendations will be made by the planner, where applicable, concerning rewording of various segments of the existing goals and objectives and possible addition of goals and objectives. The planner will incorporate such other revisions, additions or deletions that the membership of the City Planning Commission deems appropriate and desirable. 3. UPDATE OF PARK AND RECREATION FACILITIES PLAN The Commission's staff will prepare a section concerning park aild recreation, which may be included in the public facilities inventory but may stand as an individual section within the report, depend- ing upon the desires of local municipal officials. This effort will be coordinated with the Director of Parks and Recreation of the City of Cape Girardeau and will analyze park and recreational needs for the community and the spacial distribution of existing recreational facilities. 4. FINALIZATION OF LAND USE MAPPING Based upon the data collected during Phase I of the comprehensive plan update, the Commission's staff wiil prepare a reproducible set of land use maps depicting the standard land use categories (i.e. , residential, commercial, industrial, public/semi-public, parks and D�.,.. 1 ..F A ..-,..�,� recreation, vacant and agricultural lands). The land use will be depicted on overlays to the base maps prepared in Phase I utiliz- ing zipatone patterns to represent the various land uses. The initial mapping was completed utilizing information collected during field surveys, information provided by the Cape Girardeau County Reassessment Office, and other sources of information. The maps have been drafted at a scale of one inch to four hun- dred feet (1":400'), and it is recommended that the City of Cape Girardeau consider having the base maps and land use overlays reduced separately to a scale of one inch to eight hundred feet (1":800') , which would produce two (2) sets of twelve (12) maps each, with eac map eighteen inches by t�venty-four inches (1S" x 24") in size. The Commission's staff feels that this size of end product will be more useful to City officials and others who may come to use the maps. The photo-reduction costs are estimated at between eight hundred dollars ($800.00) and one thousand dollars ($1,000.00) , and this would be in addition to the base charge for Phase II of the plan update. The final costs would be billed to the City based on the actual costs to the Commission for carryirig out this photo-reduction. 5. BASIC DATA INVENTORY AND ANALYSIS The planner will compile and analyze, where possible, such socio- economic data as population characteristics and trends, education and income levels, employment characteristics, and other pertinent data. Population projections for a twenty (20) year period will be prepared by the planner and presented to the City Planniiig and Zoning Commission for review and comment. The basic data inventory and analysis will include the preparation of various graphs and tabular data and development of information which analyzes the information presented and may make recommen- dations concerning the implications for the long-term development of the City of Cape Girardeau. 6. REVZEW OF PHYSICAL FEATURES INVENTORY AND ANALYSIS The Commission's staff will review the data concerning physical characteristics found in and immediately adjacent to the City of Cape Girardeau which may have an impact on urban development. Any additional or new data that is developed will be incorporated with the existing information, which was presented in the previous comprehensive plan. 7. COMMUNITY FACILITIES INVENTORY The Commission's staff will inventory the various public facili- ties that are currently located with the City of Cape Girardeau and identify the types and locations of such community facilities as parks and recreation, police and fire protection, education, and other necessary public services. If it is determined that loca- tional recommendations are necessary concerning the distribution of such facilities, these will then be included in the planning docu- ment. Standards for future development of various public facili- ties, where appropriate, will be provided. 8. MAJOR STREET PLAN UPDATE Based upon the base mapping completed in Phase I, the major street plan will be reviewed and recommendations for changes to the major street plan will be prepared. The Commission's staff will meet with the Planning and Zoning Commission and other City officials to discuss the major street plan and to incorporate any changes desired by City officials into the final street plan which will be included in the comprehensive plan document. Pave 2 of 4 na�es 9. DEVELOPMENT OF A MAP DEPICTING I�IAJOR PUBLIC HOLDINGS OF LAND AND FACILITIE5 IN THE CITY OF CAPE GIRARDEAU During the Phase I comprehensive plan update �vork, the Planner- In-Charge discovered that a considerable number of parcels of land were owned by the City of Cape Girardeau and distributed throughout the City. In addition, other puUlic entities, includ- ing local, state and federal agencies as well as private orgaili- zations, hold fairly sizeable tracts of land within the City of Cape Girardeau. The ownership of land by local, state and feder- al agencies, as well as other organizations and individuals, on a large area basis could have a considerable impact on the future growth of the City of Cape Girardeau. Therefore, the Planner- In-Charge will prepare a map and a very brief narrative report concerning major land holdings by governmental entities and other major land holders and present it to the City Planning and Zoning Commission and to the officials of the City of Cape Girardeau. This will be a separate report and will not be included in the final comprehensive plan, unless it is determined at a later date that this material needs to be included in the plan. 10. DISPLAY OF EXISTING LAND USE INFORh9ATION AND PI2EPARA- TION OF THE FUTURE LAND USE PLAN Based upon the analysis of land uses in the City, a generalized land use plan will be prepared on a single map for inclusion in t}ie comprehensive plan. Because of the geographic size of the City of Cape Girardeau, it will be necessary to generalize existing land use on a single sheet for inclusion in the plan. The detailed land use displayed on the individual maps is in such detail that it would not be legible if reduced to a single map. This map may be eithe2- bound in an appropriate area within the report or included in a pocket in the back cover of the report as an appendix. Based upon all available information and consultation with the City's Planning and Zoning Commission and other City officials, the planner wili prepare a proposed future land use plai� for the entirety of the City of Cape Girardeau. This will Ue presented for review to various City officials and the Planning and Zoning Com- mission prior to finalization. The final future land use plaii wil] be presented in both narrative and graphic form within the final comprehensive plan. 11. COMPREHENSIVE PLAN PREPARATION The various individual plan elements will be integrated iiito a com- prehensive plan. The overall plan will be based upon the goals and objectives of the community and will be designed to accommo- date future growth of the City for approximately the next twenty (20) year period. The narrative will include an evaluation of future land use needs and be accompanied by graphic presenta- tions of desired long-range land use pattertts. The comprehensive plan update will include various data and narrative information and will be presented in its entirety for review arid revisions prior to final printing. 1Z. REPORTS AND DISTRIBUTION The Commission shall provide twenty (20) copies of the draft of the comprehensive plan for review by the City Planning and "Lon- ing Commission and other City officials. Upon finalization of the document, officials of the City of Cape Girardeau will notify the Regional Planning Commission of the number of copies of the final document to be printed, and the Commission will carry out the necessary finalization of the document a�id print the reciuired number of copies. The final printing of the document will l�e Pa�� 3 �f 4 napes billed separately from this contract, and the costs of printing of the final plan will be provided to the City of Cape Girardeau prior to any actual printing. The Regional Planning Commission will provicle safe keeping for the original document and the various graphic materials and keep them available for reprinting of the document at a later date, should reprinting be desired.