Loading...
HomeMy WebLinkAbout6.g. Independent Contractor Agreement - Contract for Park Planning ServicesAGENDA ITEM: Independent Contractor Agreement Contract for Park Planning Services AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO (/1 ATTACHMENTS: Proposed Agreement APPROVED BY: oeJ RECOMMENDED ACTION: Motion to recommend the City Council approve entering into an Independent Contractor Agreement with Friends of the Mississippi River to provide park planning services. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: May 17, 2011 EXECUTIVE SUMMARY ISSUE Included in the 2011 Capital Improvement Budget are funds identified for park planning efforts for the McMenomy Woods property. The McMenomy Woods property is identified in the City's Parks Master Plan as having the potential of being a future community park and is included in a search area in north central Rosemount for a natural resource based park. Staff requested and has received a proposal from the Friends of the Mississippi River (FMR) to conduct the park planning services along with performing a natural resource management plan for McMenomy Woods. Because FMR has a strong background with planning and being able to secure funding for natural resource based parks and preservation projects, staff felt they would be well suited for the project. FMR also has a positive working relationship with local landowners, Minnesota Department of Natural Resources staff and staff at Dakota County. The contract is for $6,200 and parks improvement funds will be used to fund the project. SUMMARY Staff is recommending the City Council approve entering into a professional services agreement with FMR to provide park planning services for the McMenomy Woods property. INDEPENDENT CONTRACTOR AGREEMENT FOR PARK PLANNING DESIGN SERVICES THIS AGREEMENT is made this day of 2011 by and between "Friends of the Mississippi River," "FMR a Minnesota non profit organization and the City of Rosemount, a Minnesota municipal corporation "Rosemount Recitals 1. Rosemount desires professional services related to the creation of a park concept plan for certain property located in the City of Rosemount. 2. FMR possesses the required experience and expertise to perform the required services. NOW, THEREFORE, FMR and Rosemount agree as follows: Terms 1. SCOPE OF SERVICES. FMR will perform the following services on behalf of Rosemount: a. Park planning services related to the "McMenomy Woods" property "the site located in the City of Rosemount, which property is described in the Dakota County tax records as: E'/2OFNE' /4EXN' /2OF S'/2OF SE 1/4 OF NE 1/4 b. FMR will produce the following to Rosemount: i. A park concept plan that will present basic information and possibilities for future passive, nature -based recreational uses of the site; ii. A natural resource management plant (NRMP), which will present information on the goals and activities required to maintain and improve the ecological values of the site; and iii. A written summary of the park concept plan and a colored concept plan delivered in an electronic format both pdf and cad files (if applicable). c. FMR shall complete the services outlined in (b) above no later than October 31, 2011. 2. TERM. This Agreement is effective upon execution by the parties and will be in effect until the services to be provided by FMR are completed. FMR may terminate this Agreement at any time, for any reason, upon thirty (30) days advance written notice to the City. The City may terminate this Agreement at any time, for any reason, upon ten (10) days advance written notice to FMR. 3. COMPENSATION. For the services provided under paragraph 1, Rosemount agrees to pay FMR $6,200. This amount includes any and all expenses incurred by FMR. Total compensation shall not exceed $6,200 unless Rosemount gives advance written consent to FMR that additional expenses are approved. The City will compensate FMR upon satisfactory completion of the services provided under paragraph 1. If the City terminates the Agreement prior to the completion of FMR's services for any reason other than "for cause," the City will compensate FMR for the reasonable value of the services provided. 4. INDEPENDENT CONTRACTOR. FMR is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for FMR in connection with this Agreement is also not an employee of the City. The City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by FMR. FMR may develop and carry out its own schedule, means, methods, and procedures in order to perform the Scope of Services under this Agreement, subject to completion of satisfactory work. FMR acknowledges that any general instruction it receives from Rosemount has no effect on its status as an independent contractor. 5. INSURANCE. FMR will maintain adequate insurance to protect itself from claims and liability for all work performed by it and its respective employees or agents under this Agreement. 6. BUSINESS EXPENSES. Any expenses incurred by FMR pursuant to providing the services under this Agreement, including but not limited to travel and phone expenses, are the sole responsibility of FMR. 7. INDEMNIFICATION. FMR agrees to defend, indemnify and hold harmless the City, its officers, employees, and agents, against any and all liabilities, claims, damages, costs, judgments, and expenses (including reasonable attorney's fees) resulting directly or indirectly from an act or omission of FMR, its employees, agents, officers, or employees of subcontractors, in the performance of this Agreement or by reason of the failure of FMR to fully perform, in any respect, all of its obligations under this Agreement. 8. COMPLIANCE WITH STATUTES. FMR shall abide by all laws that govern Rosemount and by the policies of the City, including but not limited to the Data Practices 2 Act, records retention guidelines, non discrimination and disability accommodation laws and guidelines. 9. APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10. ASSIGNMENT. FMR may not assign this contract without first obtaining the express written consent of Rosemount. If FMR procures the assistance of another individual or company to provide services, it must notify and receive approval from the City in advance. 11. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it is in writing and executed by both parties. 12. NO WAIVER BY CITY. By entering into this Agreement, Rosemount does not waive its entitlement to any immunities under statute or common law. 13. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts by the parties, each of which will be deemed an original, but all of which shall constitute one and the same instrument. 14. SEVERABILITY. Should any part or portion of this Agreement be deemed illegal or non binding by a court of law, the remainder of the Agreement shall remain in effect. 15. NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: If to the City: City of Rosemount, Attn: Dan Schultz, Parks and Recreation Director, 13885 South Robert Trail, Rosemount, MN 55068 -3438. If to FMR: Friends of the Mississippi River, Attn: Tom Lewanski, Conservation Director, 360 North Robert Street, Suite 400, St. Paul, MN 55101. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF ROSEMOUNT By Its Mayor, William Droste By Its City Administrator, Dwight Johnson FRIENDS OF THE MISSISSIPPI RIVER By Its McMenomy Woods Location Map