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HomeMy Public PortalAboutORD08123 i `I I BILL NO. , INTRODUCED BY COUNCILMAN ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF JEFFERSON AUTHORIZING THE J :,AYOR AND CLERIC OF THE CITY TO EXECUTE, IN BEHALF OF THE CITY, AN AGREEMENT WITH THE DEPARTMENT OF COMMUPIITY AFFAIRS, A PLANNING AGENCY OF THE STATE OF MISSOURI. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON., MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby 'authorized and directed, in behalf of the City of Jefferson, Missouri, to execute an Agreement with the Department of Comnanity (Affairs, a Planning Agency of the State of Missouri. las Section 2.. The Agreement shall read in words and figures follows: r T 4 URBAN PLANNING CONTRACT City- of Jefferson City, Missouri .6.,ND THE DEPARTMENT OF COMMUNITY AFFAIRS THIS AGREEMENT, entered into this day of , 1$ , by and between the Department of Gomr m_7,Tnity Affairs, ei 7hia.fte referred to as the "Planning Agency", and the City of jaff sL-an rte;±„ Missouri , hereinafter referred to as the ".Municipality".--r-:-- `(1 HEREAS, under the provisions of Title Vim, Section 701 of the Housing Act of 1954, Public Law 560, 83rd Congress, Chapter 649, 2nd Session, 66th Statute 590, approved the 2nd day of August 1954, as amended, (40 USC 461- 62) hereinafter referred to as Section 701 of the Housing Act of 1.954, funds re being made available by the Department of choosing and Urban Development for planning assistance, including among other things the preparation of a general plan, administrative control measures and other planning work in certain communities of the State of Missouri, and; WHEREAS, the Legislature of the State of Missouri has designated the i Department of Community Affairs as the official Planning Agency in the State and Community Affairs Planning and Development Act of 1967, Chapter 251, RSMo 1959, effective the 13th day of October, 1967; and; WHEREAS, it is, the intention of the Planning Agency to use the funds provided for under Section 701. of the Housing Act of 1954, as amended; NOVI THEREFORE, in consicieration of the foregoing and of the mutual covenants and agreements herainaf ter 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 MUNICIPALITY (a) The Planning Agency hereby agrees to en gage the Municipality and the Municipality hereby agrees to do, perform, and carry out, in a professional manner as set out in paragraph (c) Article IIT, the services set forth in "Scope ©f Services" as defined in the attached Appendix A (which is appended hereto and made a. part of this contract) in connection with the project of the Planning Agency under the Urban Planning Grant Contract No. .Mo. P- 92 . (b) The Municipality shall perform all the necessary services provided under this contract in connection with.and respecting the following area or areas, herein called the "planning area"; That area adjoining 'the Missouri River on both sides adjacent to or incorporated within the' corporate limits of the City of Jefferson City, Missouri, a distance of approximately eight miles along the river front. , , (c) 'T'he planning consulting firm of Harland Bar•tholontc i and Associates who is working under separate contract, will furnish a protessiona .y qua ifled�' person who shall bo called the Planner-in-Charge. The Municipality shall secur: personn(-.l required to perform the services under this contract. Personnel performing or supervising the performance Hof engineering, architectural, legal or other similar professional services, who by Statute are to meet stated qualifications, shall be. registered or licensed when so required. In the event the Planner-in-Charge of this project shall die or otherwise become unavailable for any cause, the consultant will furnish another "Planner-in-Charge" subject to the approval of the Planning Agency. (d) None of the work or services covered by this contract shall by sub- contracted without prior written approval of the Planning Agency. (e) The scope of the work to be done under this contract shall be subject to ino,dification and supplementation upon the written agreement of the duly authorized representatives of the contracting parties. However., should the contracting parties be unable to agree unanimously, then the recommendations Of the Planning Agency shall prevail, such recommendations to be given in writa.ag. No modification of the terms of this contract shall be made that would change the total contract price, unless such changes,, includung any increase or decrease in the amount of the Municipality's compensation are mutually agreed by and between the Planning Agency and the Municipality and shall be incorporated in written amendments to this contract. (f) The activities of the Municipality, its staff and associates shall be fully coox�dina.ted with the activities of the Consultant and the Planning Agency. (g) The Planning Agency shall, be the sole judge of the quality of the work performed. (h) The Consultant shall provide copies of all interim and final reports to the Planning Agency, such reports to include textual material and maps. Interim reports shall be delivered immediately as and when required by the Planning ,A.gency and fina reports shall be delivered not later than the date of termination of this contract and in quantities stated in the contract. Progress reports, as required by the Planning Agency, shall be made from time to time in amounts And in the forms specified by the Planning Agency. {i) All material developed or acquired by the Consultant for work done under this contract, including the following such listing, however, not being e,Mclusive } of other items not listed: base maps, study maps, air photographs, statistical tabulations, publications, studies, reports, etc. , shall become the property of the Municipality and shall be delivered to the Municipality not later than the date of the termination of this contract. All such material shall not be released prior to the termination of this contract without the prior written approval of the Municipality with the consent of the Planning Agency. (j) The Municipality 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 Planning Agency thereto; provided, however, that claims for money due or to become due the Municipality from the Planning Agency under this contract may be assigned 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 Planning Agency. (k) Any reports, information, data, at cetera, prepared or assembled by the Municipality under this contract which the Planning gency requests to be kept as confidential shall not be made available o any individual or organization by the Municipality without the prior written. approval of the Planning Agency. (1) The Municipality shall accept full responsibility for payment of imemploymert ilnsurance, premiums for workmen's compensation and social security, as well as all income deductions and any other items or payroll deductions required by law for his employees engaged in the work authorized by this contract. (m) The Municipality shall save harmless the State 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 for any infringement of patent, trademark, or copyright, or from any claim or amounts arising or recovered under the "Workmen's Com- ansation Laws" or:any other laws, The Municipality shall not be released from such responsibility until all claims have been settled and suitable vidence to the effect furnisbed the State Planning Agency. ARTICLE II FINANCIAL OBLIGATION OF THE MUNICIPALITY It is agreed between the parties that the Municipality shall cause to be j paid to the Urban Planning Trust Fund, William E. Robinson, State Treasurer,, Trustee, the sum of $ 4 , 094. 00 which monies represent the contribution by the MunicipaLLEY for iITs'portion of the project costs. The Municipality's payment to the State Planning Agency for the cost of administration and coordination of the project, or $ , should be payable to the Department. of Community Af a.trs. Fne con trfloution provided herein shall be paid by the. Municipality at the beginning of the project period. ARTICLE HI FINANCIAL OBL7GA.TION OF THE PL'A11TING AGENCY (a) It is the understanding of all parties to this contract that the Planning Agency, by joining in this contract, does not pledge or promise to pledge the assets of the State of Missouri or of the Department of Commundty Affairs or any other State Agency, nor does it promise to pay any part of the contract sum provided for in this -greement from any monies of the State of Missouri except such monies as shall have been granted and paid to the Department of Community Affairs for this project by the Department of Housing and Urban Development of the United States Government, as discussed in Method of Payment, A.ppendbc B of this contract. (b) It is further understood and agreed by the parties that in the event a contract is not concluded bet veep the Planning Agency and the Department of Housing and Urban Development covering the project of which the Municipality is included, or should the Department of Housing and Urban Development for any reason disapprove this contract or refuse to mare grant funds available to the State foi the purpose of carrying out the intent of the contract, then this ,contract shall be void and shall not be binding on any of the parties hereto, ARTICLE IV Aft DIRECTION OF WORK 4 (a) The Municipality, its officials and employees and the members of the Planning Commission shall cooperate with the Consultant and the Planning Agency in the discharge of their responsibilities under this contract and will be available for consultation with the Consultant and the Planning Agency at .such reasonable periods as not to conflict with their own responsibilities. .(b) In order that the Planning Agency may meet its obligations to the Federal Government with resp°ct to supervision or program content and technical quality of the work to be performed by the Municipality under this contract, the work to be done by the Municipality under this contract shall be in conformance with the highest standards of comprehensive planning. (c) In the event of any disagreement between-the Consultant and the Municipality or the Planning Agency, the recommendation of the ;Planning Agency shall prevail. ARTICLE V EQUAL EMPLOYMENT OPPORT UNIT-Y7 In carrying out the project worts, the Municipality will not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The Municipality will take affirmative action to insure that applicants are employed, and that employees are treated during the employment, without regard to their race, creed, color or national origin. Such action shall include, 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 selection for training, .including apprenticeship. The Municipality agrees to post in conspicuous places, -available to employees and applicants for employment notices 'to be provided by the Planning Agency setting forth the provisions of this nondiscrimination clause. The Municipality will, in all solicitations or advertisements for employees places by or on behalf of the Municipality, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin. The uni.cipality shall include similar provisions in all subcontracts for services covered by this contract. ARTICLE VI INTEREST OF MEMBERS Or PLANNING AGENCY AND OTHERS Ncx officer or employee of the Planning Agency or member of its governing body who-exercises any function or responsibilities in connection with the undertaking or carrying out of the project shall, prior to the completion of the j project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. If any such inember, officer, or employee presently has, or in the future involuntarily acquires any such personal interest, he shall immediately disclos-- such interest to the Planning Agency. Upon such disclosure such member, officer or employee shall not participate in any action by the Planning Agency affecting the carrying out of the project. The Planning Agency shall promptly advise the Government of the facts and circumstances concerzung any disclosure of interest made to it pursuant to this paragraph. -4- I n1i,IliRoomr No official or employee of the Planning Agency and no official or employee of the Municipality and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions ' or responsibilities in the review 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 contract or proposed i contract in connection with the project. ARTICLE VU INTEREST OF CONSULTANT The Municipality covenants that they presently have no interest and shall not acquire any interest, direct or indirect, which would conflict in any j manner or degree with the performance of its services hereunder. The Municipality further covenants that in the performance of this contract no i person having any such interest shall be employed. ARTICLE VIU AM OFFICIALS NOT TO BENEFIT j No member of or delegate to the Congress of the United States of America shall be admitted to any share or part hereof or to any benefit to arise here- from. ARTICLE IX IDENTIFICATION OF MCUNIENTS All reports, maps, and other documents completed as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or title page (or, in the case of maps, in the same block) containing the name of the Planning Agency: r Urban "Planning Grant Project Mo. Pw 92 This Planning project contracted through the Missouri Department of Community Affairs. The preparation of this (report, map, document, etc. ) was financed in part through an Urban Planning Grant from the Department of Dousing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended. - together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. .ARTICLE X COPYRIGHT No reports, mays, 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 Municipality, ART ICLE 1a 1. TERMINATION OF CONTRACT (a) The Min.icipality .shall have completed all work covered by this contract and this contract shall terminate as specified in the contract unless extended by mutual consent of the Planninm Agency and the M-Ludciplity. In the event that work is not completed by that date and mutual consent of the three parties for e-%tension of the contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Municipality, paragraph (c) of this section shall apply, (2) if refusal to extend is by the Pialninv Agency, paragraph (d) of this section shall apply. (b)' This contract may be terminated prior to the expiration of the contract period mentioned by unanimous written agreement by the two parties to this contract, or; (c) If, through any cause, the Municipality shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Municipality shall violate any of the covenants, agreement, or stipulations of this contract, the Klannincr Agency shall thereupon have th6 right to terminate this contract by wing written notice to the Munlicipality of such termination and specifying the effective date thereof, at least five days before, the effective date of such termination. In such event, all finished or unfinished docuunents, data, studies, surveys, drawings, nZap� models, reports, photogrwpl s, etc. , prepared by the Municipality under this contract shall, at the option of the Planning .Agency, become its property and the Municipality she.11 be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. r Noimiths tan ding the above, the Municipality shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the contract by the Municipality and the Planning Agency may withhold any payments to the Municipality for the purpose of setoff until such times, as the exact amount of d.a.inages due the Planning Agency from the Commission is det6rmined. (d) The Planning Agency may terminate this contract any tir,�e by a five-day notice in writing from the Planning Agency to .fie Municipality. If the contract is ter;ninated by the Planning Agency as provided herein, the Municipality will e paid an amount which bears the same ratio to the total compensation as, the services actually performed bear to the total services of.the Municipality covered by this contract, less payments of compensation previously made. (e) The Municipality may request termination of this contract prior to its expiration in writing from the Planning Agency. If such tern,.ination is agreed to, then cancellation shall be in conformance with the terms set forth in para- graph (d) of this section. ARTICLE XII OFFICE SPACE The Municipality hereby agrees to make available without charge to the Planning Agency, thp. space needed for compiling data from Municipality records and the Municipality hereby agrees not to inclull any charge for such space in their fee. The space shall ba Zurnishad only with available furniture • and shall not include special equipment. , -6- } ARTICLE XIII TIME OF PERFORIN NCE (a) No wort: shall be commenced under this contract and no obligations for any payment under this contract shall be incurred until the Municipality has been advised in writing by the Planning Agency that both Federal funds and funds of the Municipality have been made available to the Planning Agency for the purpose,of this contract. No work shall be commenced under this contract until notification from the Planning Agency. (b) The services of the Municipality are to commence when notified in writing by the Planning Agency as provided in paragraph (a) above and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this contract, but in any event all of the services required hereunder shall be completed and submitted to the Municipality and the Planning Agency on or before the e*xpiration of 12 consecutive calendar months following the date of this contract. ARTICLE KV• COMPENSATION TO MUNICIPA 1TY I ' (a) The Planning Agency agrees to pay the Municipality the total sum of Twel e Thol11S,,Li ld ..ftmtli-fivpniinrs ($1 nhr, - nn) - for the above services, which includes payment for all travel and subsistence expenses incurred in the performance of said services. ('a) The :Planning Agency will pay to the Municipality the amount or amounts set forth in Paragraph (a) which shall constitute full and complete compensation for the Municipality's services hereunder. Such sum will be paid in the manner described in Appendix 13, which is appended hereto and made a part of this contract, in every case, subject to receipt of a requisition for payment from the Municipality specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisitioned under the terms of the contract. (c) 'It is expressly understood and agreed, that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum. of $ 12 ,_045. 00__ for all of the services required. 2,; WITNESS WHEREOF, the parties hereto have executed this agreement the stay and year first above written. STATE OF 1VIISSOURI DEPARTMENT OF COMMUNITY AFFAIRS i, Pianning Agency Ly Director CITE' OF , , , MISSOURI By , • iV or Approved as to Form and Legal.Authority of the Department of Community Affairs. By General Couns2 — RIVER FRON'i DEVELOPHEs"IT PLAN The planning program for river front. development in the Jefferson City planning area will contain Oe necessary research and analysis of existing conditions and potential development coordinated with other planning activities , both public and private, to yield an overall development plan for the approxi- mate 8 miles along the river front in the Jefferson City plan- n,ing area . Such a program will contain recommendations for phased development coordinated with the financial capacity of the area to undertake such a program. Also, considerations will be given to the historic aspects of the -river and its related developments . The overall development plan for the Missouri River frontage will be conducted under four elements as follows : ` 1. History and Inventory Approximate Cost $2,500 The history of river activities to include docks, wharfs , ferry crossings , bridge crossings , channel improvements , flooding ,. river course and any other allied river development in the planning area will be researched in . such a manner as to allow correlation with past and future potential uses of the river. `The economic factors associated with river development AdFA of similar scales such as the Ohio River, Mississippi *River, and Arkansas Rivet will be inventoried preparatory to undertaking a full analysis of the potential to the Jefferson - City area . The inventory of various aspects i e of Missouri River development astwell as ' other similar rivers will include information on barge transportation, recreation uses , and other factors which influence or discourage the d'evelopment of the economic potential f , of the river . 2. Analysis and Proiections Approximate Cost $2, 400 An analysis of the data gathered iq Item 1 above will be performed to determine if any aspects of studied development is applicable to the Jefferson City planning area and if so , what is the potential in regard to existing plans undertaken or contemplated . by the Urban Renewal Authority or the State Government as it affects the river front in the planning area . The analysis will Further determine the feasibility and desirability oT future development projects .along the river and will result in projections of needed facil ities' based on economic and -aesthetic considera— Lions to the planning area. 3 . River Front. Development Plan Approximate Cost $2, 250 From the analysis and projects of likely river front development potential. in the Jefferson City planning area,, a river front development plan with alternative solptions will be developed for both sides of the Xiss'ouri River within the planning area. This ,: '. plan will include recommendations for the development • of such features as marinas , docks , business estrab- lishments , recreation, open spAce , historic sites or any other of the potentials which Work Item too . 2 above may indicate are necessary for this project . After an examination of alternate plans , one •basic plan will be selected for more intensive detailing and presentation as the selected river front develop- ment plan. r ' The: river.' front development plan, ' to include the • financial study and development program, will be t prepared by the Planning Director and will be ; included as a part of the final comprehensive plan being prepared by Harland Barthgl.omew and I Associates . The Planning Director will turn over all prepared maps , photographs and text to the . Consultant, who. will print and incorporate this into their final Comprehensive Plan report as an element or chapter in that report at no extra charge. j - 4+- Financia1 Study and Development P•roc.�ram Approximate Cost $2, 250 In: consideration of the river front development ! . plan indicated in Item 3 above, this phase will con- tain an anpLlysis of the financial resources available for the implementation of the proposed plan. The plan will provide a 20 year program and will be so phased as to make the most expeditious use of public, and private funds through many of the various federal, :Mate and Local programs , including urban renewal , which are available to the community. Even though the development program will show pahses and costs for every aspect of • the overall 20 -year development j . plan, the first six years will be in significant detail to allow it to be included in and correlated with the } capital improvements program for the planning area . i The plan for development will be correlated with other, agencies , such as the Jefferson City, Urban Renewal ? " Authority, the U. S . Corps of Engineers , Missouri Pacific Railroad, Department of Planning and Con- struction State of Missouri, Division of Highway -. Planning of the State of Missouri, Federal Aviation Agency, state and county historical societies, plus any other agency which has „a• planning interest or WAM jurisdiction within the study area , Historic Preservation Plan M•$3, 045 A detailed inventory of the historic sites within the planning area of the City of Jefferson will be undertaken in order to determine the appropriate boundaries for designation as historic districts on the Comprehensive Plan map and in the proposed zoning standards and tx�a;�. Various measures shall be outlined in detail for the preservation of historic buildings and sites in the community and recommendations shall be made of measures which would be most effective in enabling the community to capitalize upon the development potential which unique '. historic buildings and sites represent. 3 APPENDIX ,B Method of Payment This appendix is appended to and made a part of the contract by and between the State of Missouri, Department of Community Affairs, and the City of Jefferson City, Missouri, for preparation of a River Front Development Plan for the City of Jefferson City, . Missouri; said contract being dated 1969. The State Planning Agency will pay to the City of Jefferson City, Missouri; the amount of $12, 045. 00, which shall constitute full and complete compensation for the city' s services, hereunder. Ninety percent of such sum will be paid in the following manner, subject to the following conditions : i Services performed by the city planning staff shall be on a time and cost basis with vouchers to be submitted to the State Agency monthly by the city showing dates , . names of persons , title , salary rate , total time worked, description of services and total cost for a period of twelve (12) months. 1 The final ten (10) percent - of the contract amendment cost (a sum not to exceed $1, 205. 00) shall be paid to the city after final review approval and audit of the tiro rk by the Department of Housing and Urban Development. It is expressly understood that this Appendix B provides compensation for work performed under Appendix A, of this Contract Amendment No. 1. t.. I AMENDED TABULAR SUi%IAIARY Jefferson City, Missouri Estimated Estimated Work to be Man Days Cost of Work Element Performed by to -com2lete Services Economic Factors Consultant 32 $ 3,100 Population Analysis Consultant 6 700 Land Use Survey Consultant 14 I, 000 Sc7,nols, Parks , and i:ecreation Consultant 24 10600 Utilities Consultant 8 10000 Housing and Neighborhood Consultant 28 2, 000 Central Business District Consultant 34 29400 Goals and Objectives Consultant 6 . S00 Land Use Plan Consultant 17 1,300 n Community Facilities Plan Consultant IS 1, 200 Central Business District ` Plan Consultant 26 1,400 Zoning Consultant 5 1,000 Subdivision Regulations Consultant 3 800 Riverfront History and Inventory City Staff 55'" 2, 500 ! . . Analysis and Projections °` City Staff 45 2, 000 Riverfront Development Plan City Staff 48 2;250 Financial Study and Development Program City Staff 48 2,250 Historic Preservation Plan City Staff 65 3, 045 Capital Improvements Consultant 14 10100 is Action Program Consultant l2 800 Preliminary Report Consultant 28 1,700 Final Report Consultant 14 1, 200 . ' ' Meetings Consultant 21 - 2, 55 0 Amended Subtotal $37,395 . Amended Planning Agency Costs 318e Amended 'Total $37,713 i i 7 .4 I� i I Section 3. This ordinance shall take effect and be in force from and after its passage and approval. i Passed z Approved President of the Cou c Z Mayor Attest i .:t City Clerk 1