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Home My Public Portal About2011.05.02 Russell Surveying Inc Professional Services AgreementCynda Herrick, AICP VALLEY COUNTY IDAHO P.O. Box 1350/219 North Main Street/Cascade, Idaho 83611-1350 Planning & Zoning Administrator Flood Plain Coordinator May 2, 2011 City of Cascade PO Box 649 Cascade, ID 83611 City of Donnelly PO Box 725 Donnelly, ID 83615 City of McCall 216 E. Park Street McCall, ID 83638 RE: County Surveying Services and Fees Dear Municipalities: Phone:208.382.7115 FAX:208.382.7119 E-Mail: cherrick@co.valley.id.us The Board of County Commissioners entered into a Professional Services Agreement between Valley County and Russell Surveying, Inc. to perform County Surveying duties. Attached is a copy of the agreement. In the past Valley County had a surveyor on staff that performed surveying duties. Currently, Valley County finds it necessary to contract for these duties. Valley County requires developers to pay the county at $300 plus a $1 per lot for plat reviews, as adopted by resolution. Part of the agreement, is for Russell Surveying to directly invoice the cities or private parties for any work performed at their request. Valley County apologizes for any inconvenience this may cause. If you have any questions please call Cynda Herrick, at (208) 382-7116. Sincerely, Gordon Cruickshank, Chairman Board of County Commissioners PROFESSIONAL SERVICES AGREEMENT Between Valley County and Russell Surveying, Inc. THIS AGREEMENT, entered into this day of mit y , 2011 by and between RUSSELL SURVEYING, INC, P.O. Box 945, McCall, ID 83638, (hereafter referred to as "RUSSELL") and VALLEY COUNTY, IDAHO, 219 N. Main Street, Cascade, Idaho 83611 (hereafter referred to as "COUNTY"). WITNESSETH: WHEREAS, COUNTY and RUSSELL desire to enter into a mutually beneficial contract for professional services (Agreement): and WHEREAS, RUSSELL holds professional licensure and has expertise in performing technical work, technical review, and consultation (Services) in regards to land and construction surveying as requested by COUNTY. NOW, THEREFORE, the Parties agree as follows: I. SERVICES RUSSELL agrees to provide Services to COUNTY as described in Exhibit A, attached hereto and incorporated herein by this reference. The Services to be performed by RUSSELL will be guided by the one or more representatives designated by COUNTY. RUSSELL shall not be directly supervised in the manner or timing of the services to be rendered, but shall be held to a standard of overall performance set by the COUNTY. COUNTY shall not be required to furnish equipment or tools to RUSSELL. No specific hours of duty shall be required of Russell by COUNTY. The Parties intend that an independent contractor relationship will be created by this Agreement. RUSSELL shall perform services in accordance with applicable laws, regulations, and ordinances. II. COMPENSATION In consideration of the Services provided to COUNTY by RUSSELL, COUNTY agrees to pay RUSSELL pursuant to RUSSELL'S schedule of fees in Exhibit A, attached hereto and incorporated herein by this reference. RUSSELL shall submit invoices to City of McCall, City of Cascade, City of Donnelly, and private parties separately. Payment to RUSSELL from COUNTY shall be mailed to the following address: RUSSELL SURVEYING, INC. PO Box 945 McCall, ID 83638 Page 1 of 4 III. INVOICES RUSSELL shall invoice COUNTY on a quarterly basis for billable hours accrued by RUSSELL. COUNTY agrees to promptly pay RUSSELL the amounts due under the Agreement according to its standard payment practices. Invoices shall be sent to the requesting COUNTY department as follows: VALLEY COUNTY Planning and Zoning PO Box 1350 Cascade, ID 83611 IV. TERM VALLEY COUNTY Road Department PO Box 672 Cascade, ID 83611 The term of this agreement shall be for the period of one (1) year from the effective date hereof. Notwithstanding the foregoing, this Agreement shall automatically terminate should RUSSELL become insolvent or otherwise become unable to perform the Services described herein. V. INSURANCE RUSSELL agrees to maintain at all times during performance under this Agreement the amounts of insurance as common in the profession and required by law for Workers' Compensation insurance, a Commercial General Liability policy, and Automobile Liability along with other insurance specific to the surveying profession VI. INDEMNITY AND LIMITATION OF LIABILITY Indemnity: RUSSELL agrees, to the fullest extent permitted by law to indemnify and hold harmless the COUNTY, it's officers, directors and employees, from any liabilities, damages, and costs (including reasonable attorneys fees and cost of defense) to the extent caused by the negligent acts, errors or omissions of RUSSELL, other Sub - Contractors, consultants or anyone for whom RUSSELL is legally responsible. Limitation on Liability: The total aggregate liability of RUSSELL under this Agreement, including defense costs, shall be limited to the insurance coverage and limits set forth above in Section V of this agreement. VII. TERMINATION Either party may, at any time, terminate this Agreement prior to the expiration of the term or any renewal, by giving the other party ninety (90) days prior written notice of such termination. VIII. MISCELLANEOUS Nonassignment: This Agreement is a professional services agreement, and RUSSELL shall not have the right to assign this Agreement or delegate any work to be performed hereunder without the prior written consent of COUNTY. Page 2 of 4 Governing Law and Disputes: The laws of the State of Idaho shall govern this Agreement, or interpretation, performance or breach thereof, including but not limited to disputes dealing with its existence and/or legal validity, shall be finally settled by arbitration under the rules of Judicial Arbiter Group by one (1) arbitrator if the Parties can agree on one arbiter, otherwise by three (3) arbitrators appointed in accordance with the said rules. The award resulting there from shall be final and binding upon the Parties hereto, except as provided by such Arbitration Rules and/or applicable laws, who hereby waive any right to recourse or appeal insofar as such waiver can be validly made under applicable law. RUSSELL agrees to continue performance and COUNTY agrees to pay RUSSELL for Services performed, except the amount in dispute, if any, white any arbitration or other dispute resolution process s pending. Severability: Should any portion or provision of the Agreement be found to be null and void or otherwise unenforceable in law or in equity all other provisions of this Agreement shall remain unchanged and in full force and effect. Written Correspondence: Written correspondence between Parties shall be addressed to the following individuals: RUSSELL SURVEYING INC Attn: John Russell PO Box 945 McCall, ID 83638 VALLEY COUNTY Attn: Planning and Zoning PO Box 1350 Cascade, ID 83611 Entire Agreement: This Agreement constitutes the complete understanding of the parties as of the date first above stated, supersedes any and all agreements and representations made or dated prior hereto and may be amended only by a writing signed by an officer of each party. IN WITNESS WHEREOF, the Parties have executed this Agreement effective the date and year first written above. VALLEY COUNTY Gordon L. Cruickshank, Ch Gerald "Jerry" Winkle, Comm' Toner R Moore, Commissioner Attest: !L ll Zi t uc r-C Archie Banbury, Jr., Va11 T ounty Clerk URVEYING, INC. 11, President Page 3 of 4 4 EXHIBIT "A" SCOPE OF WORK • Examine all subdivision and condominium plats for compliance with State, County and/or City laws and ordinances, in a timely manner. • Provide professional surveying opinions upon request of the COUNTY. • Perform ground surveys, aerial photo, and other control surveys upon request of the COUNTY. • Replace destroyed monuments upon request of the COUNTY. • Cooperate with requests for GIS data upon request of the COUNTY. • Report to the COUNTY annually. (All hard copy and digital information created by RUSSELL will be provided to the County upon request.) COMPENSATION When requested by COUNTY, a projected total cost estimate will be presented. Services will be based upon time and materials. Fee Structure: Plat Review - $70.00 / hour Field Surveying - $126.00 / hour Work done for Municipalities or Private Parties shall be invoiced directly to the Municipality or Private Parties and paid by requestor. Page 4 of 4