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
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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.
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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