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NAC NQR!NWL$T ASSOCkATIO CONSULTANTS. MC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com January 14, 2003 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this 14th day of January 2003, between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City", and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner." WITNESSETH: ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planning and Development Assistance 1. Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance, and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. City Of Oak Park Heights Page Two 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4. The Planner may attend agenda meetings when the Planner has items to be placed on the Council agenda relating to assigned projects. All such attendance shall then be billed to those projects. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. Copies of all material and documents applicable to projects in which the Planner is involved shall be provided by the City to the Planner. All copies of such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, copies of all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. All original documents, including applications, shall remain with the City of Oak Park Heights. C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. The rate schedule, as provided in Attachment A, shall City of Oak Park Heights Page Three serve as the basis for charges made. The rate schedule shall be subject to review and adjustment each calendar year. 2. Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300.00, exclusive of meetings. For projects that exceed the $300.00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request. The City Administrator and the Planner shall agree on a case-by-case basis as to which project shall be classified as a single family request before commencing work. 3. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. General Retainer 1. The general retainer amount shall be established on a yearly basis as found on the rate schedule, provided in Attachment A. 2. The Planner shall prepare for and attend up to two (2) City Council meetings, one (1) Planning Commission meeting, and five (5) staff meetings per month. Additional meetings on a monthly basis shall be billed to a maximum amount of $200.00 per public, workshop, or special meeting. 3. The general retainer includes up to three (3) hours per month of telephone calls, file research, and requests for information by City officials, City staff, and City consultants regarding the City's development controls, the Comprehensive Plan and general planning and zoning matters. Telephone calls, file research, and requests for information related to specific projects, development requests in excess of three (3) hours per month shall be billed under the provisions of Article 2.A. of this Agreement. City of Oak Park Heights Page Four 4. The Planner shall maintain and store files, maps and graphics of projects in which it has or is currently involved until such time as the City requests the relinquishing such materials. ARTICLE 5. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner's original reports and other original materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. City of Oak Park Heights Page Five NORTHWEST ASSOCIATED CONSULTANTS, INC. M -ZO-C33 Stephen W. Grittman, Principal Date CONDITIONS HEREIN AGREED TO: CITY 1F O A . • ■ RK HEIGHTS, I ■ _ e �00'- _ i, 1 D vid :eau , Mayor ate 1441-751-- Judy,lolst, ling City Administrator D to Please Sign and Return One Copy NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE Effective 1 January 2003 Staff Member Rate Per Hour Principals (Directors) $75.00 to $120.00 Associates $65.00 to $120.00 Senior Analyst Senior Landscape Architect Senior Planner $50.00 to $100.00 Senior Urban Designer Senior Public Administration Specialist Analyst GIS Specialist Landscape Architect Planner $40.00 to $75.00 Urban Designer Public Administration Specialist Aide Technician $25.00 to $50.00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $.35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500.00 OAK PARK HEIGHTS MONTHLY GENERAL RETAINER $1,600.00 ATTACHMENT A Oak Park Heights Request for Council Action Meeting Date January 14, 2003 Agenda Item Title Northwest Associated Consultants, Inc. Planning Services Contract for 2003 Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Administration, Judy Holst Requester's Signature Action Requested Approve 2003 NAC contract for planning and development assistance services and Memorandum of Understanding for additional staffing and office hours Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached contract and memorandum of understanding f. CJ r 5 NAC NORTHWEST ASSOCIATED CONSULTANTS , INC . 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com MEMORANDUM TO: Judy Hoist FROM: Scott Richards DATE: January 9, 2003 RE: Oak Park Heights — Professional Planning Services Agreement Memorandum of Understanding FILE NO: 802 Please find attached a Memorandum of Understanding between the City and NAC to address additional staffing and office hours over and above what is provided by the Professional Planning Services Agreement. The memorandum shall serve as a temporary agreement to allow additional NAC staffing until such time the City Administrator determines that the work can be done in house. Due to the short term nature of this arrangement, it was determined that the Professional Planning Services Agreement would not need to be revised. The minor revisions to the Professional Planning Services Agreement have been suggested by the City Attorney to address data protection requirements. pc: Mark Vierling NAC NORTHWEST ASSOCIATED CONSULTANTS , INC . 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 plannersnacplanning.com MEMORANDUM TO: Judy Hoist FROM: Scott Richards DATE: January 8, 2003 RE: Oak Park Heights— Memorandum of Understanding: Meeting Retainer and NAC Staffing FILE NO: 802 This memo shall serve as a memorandum of understanding between the City of Oak Park Heights (City) and NAC Inc. (Consultant) in regards to the Agreement for Professional Planning Services (Agreement) dated February 27, 2002 (see Exhibit 1). With approval of this memo by the City Council, the Consultant shall provide additional staffing and office hours at City Hall over and above what is provided by the Agreement under Article 4.B, General Retainer. The Consultant's staff person shall provide office hours at City Hall and conduct City work at the Consultant's office under the directive of the Acting City Administrator or City Administrator. The Consultant's time will be billed as City technical assistance as provided by Article 4.A.1, Payment and would be in addition to the weekly retainer. The additional Consultant's time shall not exceed a total of eight (8) hours per week, unless specifically allowed in writing by the Acting City Administrator or City Administrator. This memorandum of understanding may be cancelled at any time under the written direction of the Acting City Administrator or City Administrator. pc: Mayor and City Council Mark Vierling , 2003 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this day of 2003, between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City", and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner." WITNESSETH: ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planning and Development Assistance 1. Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance, and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. City Of Oak Park Heights Page Two 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4. The Planner may attend agenda meetings when the Planner has items to be placed on the Council agenda relating to assigned projects. All such attendance shall then be billed to those projects. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. Copies of all material and documents applicable to projects in which the Planner is involved shall he rtn,i'dc,d "hi, ?1111Al copies of such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, ( ; all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. _ " _ t1 0 nP I c ti f , shall remain ?,vim it g C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. The rate schedule, as provided in Attachment A, shall City of Oak Park Heights Page Three serve as the basis for charges made. The rate schedule shall be subject to review and adjustment each calendar year. 2. Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300.00, exclusive of meetings. For projects that exceed the $300.00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request. The City Administrator and the Planner shall agree on a case-by-case basis as to which project shall be classified as a single family request before commencing work. 3. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. General Retainer 1. The general retainer amount shall be established on a yearly basis as found on the rate schedule, provided in Attachment A. 2. The Planner shall prepare for and attend up to two (2) City Council meetings, one (1) Planning Commission meeting, and five (5) staff meetings per month. Additional meetings on a monthly basis shall be billed to a maximum amount of $200.00 per public, workshop, or special meeting. 3. The general retainer includes up to three (3) hours per month of telephone calls, file research, and requests for information by City officials, City staff, and City consultants regarding the City's development controls, the Comprehensive Plan and general planning and zoning matters. Telephone calls, file research, and requests for information related to specific projects, development requests in excess of three (3) hours per month shall be billed under the provisions of Article 2.A. of this Agreement. City of Oak Park Heights Page Four 4. The Planner shall maintain and store files, maps and graphics of projects in which it has or is currently involved until such time as the City requests the relinquishing such materials. ARTICLE 5. OTHER PARTIES E A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner=s oilgoi,o reports and other i . _I' materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. City of Oak Park Heights Page Five NORTHWEST ASSOCIATED ON T N C SUL A TS, INC. Stephen W. Grittman, Principal Date CONDITIONS HEREIN AGREED TO: CITY OF OAK PARK HEIGHTS, MINNESOTA David Beaudet, Mayor Date Judy Hoist, Acting City Administrator Date Please Sign and Return One Copy NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE Effective 1 January 2003 Staff Member Rate Per Hour Principals (Directors) $75.00 to $120.00 Associates 1 $65.00 to $ 20 00 Senior Analyst Senior Landscape Architect Senior Planner $50.00 to $100.00 Senior Urban Designer Senior Public Administration Specialist Analyst GIS Specialist Landscape Architect Planner $40.00 to $75.00 Urban Designer Public Administration Specialist Aide Technician $25.00 to $50.00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $.35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500.00 OAK PARK HEIGHTS MONTHLY GENERAL RETAINER $1,600.00 ATTACHMENT A Judy Hoist From: Scott Richards [srichards @nacplanning.com] Sent: Thursday, January 09, 2003 11:49 AM To: Judy Hoist Subject: Fw: oPH Planning Services TA Contract.doc Retainer Memo.DOC Memo.DOC Judy: Please find attached a cover memo, the memo of understanding and a revised contract reflecting Mark's comments. Let me know if you need anything else for the agenda. Scott Original Message From: "Anina Nielsen" <anielsen @nacplanning.com> To: "Scott Richards" <srichards @nacplanning.com> Sent: Thursday, January 09, 2003 11:31 AM Subject: oPH 1 Oak Park Heights Request for Council Action Meeting Date December 30, 2002 Agenda Item Title Northwest Associated Consultants Planning Services Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Administration-Judy Ho1st, Acting Administrator Requester's Signature Action Requested Approve additional NAC staffpresence at City Hall 4 to 8 Hours per week. Determine if Community Development Director position will be abolished. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). With the Community Director's termination of employment, I requested NAC review the planning services contract related to the meeting retainer and we discussed the need to have additional NAC staff presence at City Hall to help with reviewing development applications, development review meetings, and day-to-day operations of the Community Development Department. To retain NAC staff 4 to 8 hours per week would be an additional $20,000 to $25,000 of planner fees for the year 2003. I would also request Council decide if the Community Development Director's position will be filled or if the position will be abolished. The budgeted salary and insurance for this position is $92,105 (includes PERA and FICA). If Council decided not to fill the position and approve NAC staff 4 to 8 hours per week, the budget adjustment for 2003 would be a total of$70,105. If Council decides to fill the position and approve NAC staff until the position is filled, both Community Development Salaries budget and Planning budget will need to be adjusted. I am requesting approval of NAC's recommendation to have Cynthia Putz-Yang at City Hall approximately 4 to 8 hours per week to meet with developers, review development applications, set up development review meetings and address the day- to-day issues. When the new Administrator is hired, the issue can be reviewed to determine if Ms. Putz-Yang's services will be needed. See attached memo from NAC. NAC, NORTHWEST ASSOCIATED CONSULTANTS , INC . 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.corn MEMORANDUM TO: Judy Hoist FROM: Scott Richards DATE: December 17, 2002 RE: Oak Park Heights — Meeting Retainer and NAC Staffing FILE NO: 802 As per your request, I have reviewed our Professional Planning Services Contract related to the meeting retainer. The retainer states the following: "2. The Planner shall prepare for and attend up to two (2) City Council meetings, one (1) Planning Commission meeting and five (5) staff meetings per month. Additional meetings... 3. The general retainer includes up to three (3) hours per month of telephone calls, file research, and requests for information by City officials, City staff, and City consultants regarding the City's development controls, the Comprehensive Plan and general planning and zoning matters." With the departure of Kris Danielson and the likelihood that her position will not be filled, we have discussed the options to address the day-to-day operations of the Community Development Department. With the expected high level of development activity in the community for 2003, NAC will need to have additional staff presence at City Hall. What has been considered is to have Cynthia Putz-Yang at City Hall approximately 4 to 8 hours per week to meet with developers, review development applications, set up development review meetings and address the day-to-day issues. Much of this work needs to be done before a development application is accepted. I would also continue my presence at Wednesday staff and developer meetings. The City would be responsible for these costs and not the developer. This would also not be covered under the $1,600 retainer. We anticipate that the City should set aside $20,000 to $25,000 for 2003 to address this staffing need. In 2003, I will bill at $76.50 per hour for City Work and Cynthia Putz-Yang will bill at $46.50. Cynthia has significant experience in Oak Park Heights through park planning, the sign ordinance update and development review. She has four years of experience with this company and has been the primary planner for the City of Sunfish Lake during that time. She has managed the day-to-day planning for the community, including developer contact and review of all development projects. She also does the planning for May Township. If you have any questions on this matter, please do not hesitate to call. 2 NAC NOIRTNWIST ASSOCIATIO CONSULTANTS* INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com February 13, 2002 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this ,91-7 day of of-44c,7 2002, between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City", and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner." WITNESSETH: ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planning and Development Assistance 1. Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance, and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. • City Of Oak Park Heights Page Two 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4. The Planner may attend agenda meetings when the Planner has items to be placed on the Council agenda relating to assigned projects. All such attendance shall then be billed to those projects. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. All material and documents applicable to projects in which the Planner is involved. Such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. The rate schedule, as provided in Attachment A, shall serve as the basis for charges made. The rate schedule shall be subject to review and adjustment each calendar year. i J City of Oak Park Heights Page Three 2. Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300.00, exclusive of meetings. For projects that exceed the $300.00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request. The City Administrator and the Planner shall agree on a case-by-case basis as to which project shall be classified as a single family request before commencing work. 3. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. General Retainer 1. The general retainer amount shall be established on a yearly basis as found on the rate schedule, provided in Attachment A. 2. The Planner shall prepare for and attend up to two (2) City Council meetings, one (1) Planning Commission meeting, and five (5) staff meetings per month. Additional meetings on a monthly basis shall be billed to a maximum amount of $200.00 per public, workshop, or special meeting. 3. The general retainer includes up to three (3) hours per month of telephone calls, file research, and requests for information by City officials, City staff, and City consultants regarding the City's development controls, the Comprehensive Plan and general planning and zoning matters. Telephone calls, file research, and requests for information related to specific projects, development requests in excess of three (3) hours per month shall be billed under the provisions of Article 2.A. of this Agreement. 4. The Planner shall maintain and store files, maps and graphics of projects in which it has or is currently involved until such time as the City requests the relinquishing such materials. City of Oak Park Heights Page Four ARTICLE 5. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner's reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. City of Oak Park Heights Page Five NORTHWEST ASSOCIATED CONSULTANTS, INC. 1 �/ 410 0 Stephen W. Grittman, Principal Date CONDITIONS HEREIN AGREED TO: CITY OF OAK PARK HEIGHTS, MINNESOTA /44.4 / L� QZ David di4I Mayor ate (-- 7 Kimberly Kamper, Acting City Administrator Date Please Sign and Return One Copy NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE Effective 1 January 2002 Staff Member Rate Per Hour Principals (Directors) $75.00 to $120.00 Associates $65.00 to $120.00 Senior Analyst Senior Landscape Architect Senior Planner $50.00 to $100.00 Senior Urban Designer Senior Public Administration Specialist Analyst GIS Specialist Landscape Architect Planner $40.00 to $75.00 Urban Designer Public Administration Specialist Aide Technician $25.00 to $50.00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $.35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500.00 OAK PARK HEIGHTS MONTHLY GENERAL RETAINER $1,600.00 ATTACHMENT A 1 �,� y f L N From: -1 v,3: X«-:1,`1.'kkw,.;.k.N.::,c.. .���.♦ k Y..,},;. -.Yn ., Vii,:. . .. ... ,.. °✓'^.d ,Ka`.�ki�„ `;{:�.:g Judy Hoist[jholst @cityofoakparkheights.corn] Sent: Tuesday, February 12, 2002 10:59 AM To: 'Kris Danielson' Cc: 'Kim Kamper' Subject: NAC Proposed billing Kris, I did some comparisons for 2000 and 2001 on the NAC bill to see if we would be better off with a retainer versus an hourly billing. I am going on the assumption if we had hourly billing the rate would increase to$82.50 per hour for City work. Year 2000 @$68.00 per hour-21.32% increase to get to$82.50 per hour General 7,031.78 Meetings $5,800 21.32% Incr. 1,499.18 Total @ $82.50 8,530.96 Plus Meetings 5,800.00 Total for Year at new rates $14,330.96 Year 2001 @ $72.50 per hour- 13.79% increase to get to $82.50 per hour General 10,784.58 Meetings $5,800 13.79% Increase 1,487.19 Total @$82.50 12,271.77 Plus Meetings 5,800.00 Total for Year at new rates $18,071.77 Retainer @$1,600 per month for 1 year would be$19,200. This year will be a little less because January is already over. We have planner bills for general and meetings for January of$1,596.00 plus some developer fees we have to eat of$296.50. That will pretty much take care of the planning budget when you throw in the sign ordinance fees. Let me know your thoughts. Judy LNCLUSuRE 1l Oak Park Heights • Request for Council Action Meeting Date February 12, 2002 Agenda Item Title 2002 Planning Services Contract Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Administration Requester's Signature Action Requested Approve 2002 Planning Services Contract Background/Justification: Please be advised that we have received a proposal from Northwest Associated Consultants for this • year's planning services. This proposal contains two options: to continue to pay on an hourly and/or per meeting basis; or to pay a monthly retainer that will cover these expenses. Special planning projects such as the Sign Ordinance would continue to be estimated separately from day to day work. S S SHARED Forms COU NC I L ACTION REQUEST.doc it NAC n; NORTHWEST ASSOCIATED CONSULTANTS, INC . 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 pianners@nacplanning.com 4) MEMORANDUM TO: Kimberly Kamper/ Kris Danielson FROM: Scott Richards DATE: February 7, 2002 RE: Oak Park Heights—2002 Planning Services Contract FILE NO: 802 In October of 1999, the City and NAC executed a new contract for professional planning services (see attachment). The contract established a different set of billing rates for Oak Park Heights that was higher than our other client cities. In exchange, the City was not billed for the weekly staff meetings. When the contract was put into place, the difference in billing rates was as much as $10.00 per hour$ p our fior myself and other senior • members of the firm. In establishing billing rates in 2000, 2001 and 2002, we have e not raised the Oak Park Heights rates in proportion to the other rates. For instance, my 2002 charge rate is $82.50 per hour for private work ($70.00 for City work). New Oak Park Heights rates have not been established for 2002. We are using the 2001 rates of $85.00 and $72.50. As a result, our firm is not being reimbursed for Wednesday staff meetings and hours. The meetings are held almost every week and last approximately one hour. We will also have Community Development meetings, staff meetings with potential applicants, and staff discussions about applications in process and City related issues. With travel time, I usually devote about three hours each week to the Wednesday staff meetings. In discussing this issue with you, it was decided we should review contract options with the City Council. The first option would be to leave the current contract in place but raise Oak Park Heights billing rates. We would propose a $10.00 private and City increase in rates across the board, except for secretarial staff. This could be done without revising the contract. We would simply provide a new charge rate sheet and begin billing at the adjusted rates in February. I The second option is to charge meetings through a set monthly retainer that would also include time for telephone calls, file research, and simple requests for information. In a • typical month, we attend two City Council meetings, one Planning Commission meeting, and four to five staff meetings. The current contract states that we will bill $200.00 for each Planning Commission or City Council meeting attended by principals and senior level personnel, and $150.00 for professional support staff. We would propose a monthly retainer for 2002 of $1,600.00 for all City Council, Planning Commission, and Wednesday staff meetings. The retainer would also include the day-to-day phone calls and information research limited to a maximum of three hours per month. Past experience would indicate that amount would rarely be exceeded. A calculation of the retainer amount compared to the per meeting charge is as follows: Two City Council Meetings $ 400.00 One Planning Commission Meeting $ 200.00 Four to Five Staff Meetings $ 800.00 - $1,000,00 Total Meetings $1,400.00 - $1,600.00 The planning consulting budget for 2002 is $26,300.00. The maximum amount of $6,500.00 for the redraft of the sign regulations would also be taken from that budget. Meetings and City time for January totaled $1,596.00. If the retainer were implemented for February 2002 billing, the cost under that option over an eleven month period would be $17,600.00. With the January billing, the total would be $19,196.00. As indicated, the Sign Ordinance project may cost up to $6,500.00, allowing only an excess of $604.00 for additional City work. A review of the retainer option under the budgeted amount is as follows: January City Billing $ 1,596.00 Monthly Retainer (11 months) $17,600.00 Sign Ordinance $ 6,500.00 Total $25,696.00 2002 Planning Budget $26,300.00 Meetings and the Sign Ordinance project will consume the 2002 planning budget. If additional planning work is requested in 2002, the City Council will need to look at other funding sources. Use of a retainer will assist the City in anticipating meeting costs versus special project costs on a yearly basis. This will be especially important in setting budgets in coming years. pc: Mayor and City Council • 2 DRAFT - DRAFT - DRAFT S February 7, 2002 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this day of 2002, between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City", and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner." WITNESSETH: ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planning and Development Assistance 1. Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance, and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. • City Of Oak Park Heights • Page Two • 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4. The Planner may attend agenda meetings when the Planner has items to be placed on the Council agenda relating to assigned projects. All such attendance shall then be billed to those projects. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. All material and documents applicable to projects in which the Planner is involved. Such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, all material and documents shall be submitted to the Planner no less than ten (10) working days or within a • reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. The fee schedule, as provided in Attachment A, shall serve as the basis for charges made. City of Oak Park Heights Page Three • 2. Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300.00, exclusive of meetings. For projects that exceed the $300.00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request. The City Administrator and the Planner shall agree on a case-by-case basis as to which project shall be classified as a single family request before commencing work. 3. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. General Retainer 1. The general retainer amount shall be established on a yearly basis as found on the fee schedule, provided in Attachment A. • 2. The Planner shall prepare for and attend up to two (2) City Council meetings, one (1) Planning Commission meeting, and five (5) staff meetings per month. Additional meetings on a monthly basis shall be billed to a maximum amount of $200.00 per public, workshop, or special meeting. 3. The general retainer includes up to six (6) hours per month of telephone calls, file research, and requests for information by City officials, City staff, and City consultants regarding the City's development controls, the Comprehensive Plan and general planning and zoning matters. Telephone calls, file research, and requests for information related to specific projects, development requests in excess of six (6) hours per month shall be billed under the provisions of Article 2.A. of this Agreement. 4. The Planner shall maintain and store files, maps and graphics of projects in which it has or is currently involved until such time as the City requests the relinquishing such materials. I City of Oak Park Heights Page Four • ARTICLE 5. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner's reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. • B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. City of Oak Park Heights Page Five • NORTHWEST ASSOCIATED CONSULTANTS, INC. Stephen W. Grittman, Principal Date CONDITIONS HEREIN AGREED TO: CITY OF OAK PARK HEIGHTS, MINNESOTA David Beaudet, Mayor Date • Kimberly Kamper, Acting City Administrator Date Please Sign and Return One Copy • 2002 CHARGE RATES (EFFECTIVE 1/1/02) EMPLOYEE PRIVATE CITY DAVID LICHT, ASSOCIATE 110.00 93.50 DAN WILSON, DIRECTOR OF FINANCIAL ANALYSIS 95.00 81.00 ALAN BRIXIUS, PRINCIPAL 95.00 81.00 STEPHEN GRITTMAN, PRINCIPAL 95.00 81.00 SCOTT RICHARDS, SENIOR PLANNER 82.50 70.00 BOB KIRMIS, SENIOR PLANNER 77.50 66.00 CINDY SHERMAN, SENIOR PLANNER 77.50 66.00 ANNE DUERING, SR. LANDSCAPE ARCHITECT 77.50 66.00 DEBORAH GARROSS, SENIOR PLANNER 77.50 66.00 DANIEL LICHT, SENIOR PLANNER 65.00 55.00 , • CYNTHIA PUTZ-YANG, DESIGNER/PLANNER 50.00 42.50 JASON LINDAHL, PLANNER/GIS SPECIALIST 50.00 42.50 SECRETARIAL: NANCY DUPONT 35.00 30.00 ANINA NIELSEN 35.00 30.00 MILEAGE - $.35 PER MILE FAX = $.50 PER PAGE PHOTOCOPIES - $.15 PER PAGE SUPPLIES - COST PLUS 15% OAK PARK HEIGHTS MONTHLY GENERAL RETAINER $1,600.00 ATTACHMENT A • AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this 1 day of 0442,1P1C , 1999 between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City" , and NORTHWEST ASSOCIATED CONSULTANTS, INC. , hereinafter as the "Planner" . WITNESSETH. ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2 . SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows : A. Technical Planning and Development Assistance 1 . Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities . Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4 .A of this Agreement . 2 . The Planner will prepare written reports, provide general development assistance and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1 . The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2 . The Planner shall prepare for and attend City meetings as directed by City Administrator. 3 . The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4 . The Planner may attend Agenda meetings when the Planner has items to be placed on the council agenda relating to assigned projects. All such attendance shall the be billed to those projects . ARTICLE 3 . SERVICES OF THE CITY The City hereby agrees to furnish to or make available for charge, the following: examination or use by the Planner, without g g III Y A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. All material and documents applicable to projects in which the Planner is involved. Such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written re are reports required, all material and documents shall P q be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. ARTICLE 4 . PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2 .A of this Agreement as follows: 1 . The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule . Labor involving City initiated projects as contrasted to private development projects shall be charged at a fifteen (15) percent reduction in hourly rates . The fee schedule, as provided in Attachment A, shall serve as the basis for charges made. 2 . Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300 . 00, exclusive of meetings . For projects that exceed the $300 . 00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request . the City Administrator and the Planner shall agree on a case by case basis as to which project shall be classified as a single family request before commencing work. 3 . If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4 . The Planner shall submit a statement of services rendered under Article 2 .A on a monthly basis, payable by the City -2- within thirty (30) days of receipt of an invoice showing work completed. B. Meetin g Attendance The City hereby agrees to pay the Planner for professional services included in Article 2 .B of this Agreement at the reduced City rate to a maximum amount of Two Hundred Dollars ($200 . 00) for company principals, directors, associates and senior level personnel and One Hundred Fifty Dollars ($150 . 00) for professional support staff per public, or special meeting, based upon invoices received documenting work completed. There P g shall be no fee charged for attendance at city staff meetings requested by the City Administrator, but said meetings shall be limited to five in any one month and four hours per meeting including travel time . If meetings exceed said limitations, work shall be compensated at established billing rates described in Attachment "A" . ARTICLE 5 . OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner' s reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6 . TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9 : 00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. -3- 1 • , • C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. NORTHWEST ASSOCIATED CONSULTANTS, INC. lAjA;(44(----' 10.-7— fl Stephe W. Grittman, President Date CONDITIONS HEREIN AGREED TO: CITY F OAIS PARK HEI HTS, MINNESOTA (Id -, David Schaaf, Mayor , Date .L--- Thomas Melena, City Administrator sate Please Sign and Return One Copy -4- ATTACHMENT "A" NORTHEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE * Effective 1 January 1998 Staff Member Rate Per Hour Principals (Directors) $65 . 00 to $95 . 00 Associates $50 . 00 to $95 . 00 Senior Analyst $50 . 00 to $75 . 00 Senior Landscape Architect $50 . 00 to $75 . 00 Senior Planner $50 . 00 to $75 . 00 Senior Urban Designer $50 . 00 to $75 . 00 Senior Public Administration Specialist . . . $50 . 00 to $75 . 00 Analyst . . . . $20 . 00 to $50 . 00 Landscape Architect $20 . 00 to $50 . 00 Planner $20 . 00 to $50 . 00 Urban Designer $20 . 00 to $50 . 00 Public Administration Specialist $20 . 00 to $50 . 00 Aide $15 . 00 to $40 . 00 Technician $15 . 00 to $40 . 00 Secretary $15 . 00 to $40 . 00 Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $ .35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500 . 00 -8- * Classification ranges and individual staff rates are subject to change on a semi-annual calendar year basis . AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this day of (�r 'r , 1999 between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City" , and NORTHWEST ASSOCIATED CONSULTANTS, INC. , hereinafter as the "Planner" . . WITNESSETH. ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2 . SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows : A. Technical Planning and Development Assistance 1 . Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities . Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4 .A of this Agreement . 2 . The Planner will prepare written reports, provide general development assistance and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1 . The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2 . The Planner shall prepare for and attend City meetings as directed by City Administrator. 3 . The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4 . The Planner may attend Agenda meetings when the Planner has items to be placed on the council agenda relating to assigned projects . All such attendance shall the be billed to those projects . ARTICLE 3 . SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. All material and documents applicable to projects in which the Planner is involved. Such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. ARTICLE 4 . PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2 .A of this Agreement as follows : 1 . The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects as contrasted to private development projects shall be charged at a fifteen (15) percent reduction in hourly rates . The fee schedule, as provided in Attachment A, shall serve as the basis for charges made . 2 . Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300 . 00, exclusive of meetings . For projects that exceed the $300 . 00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request . the City Administrator and the Planner shall agree on a case by case basis as to which project shall be classified as a single family request before commencing work. 3 . If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4 . The Planner shall submit a statement of services rendered under Article 2 .A on a monthly basis, payable by the City -2- within thirty (30) days of receipt of an invoice showing work completed. B. Meeting Attendance The City hereby agrees to pay the Planner for professional services included in Article 2 .B of this Agreement at the reduced City rate to a maximum amount of Two Hundred Dollars ($200 . 00) for company principals, directors, associates and senior level personnel and One Hundred Fifty Dollars ($150 . 00) for professional support staff per public, or special meeting, based upon invoices received documenting work completed. There shall be no fee charged for attendance at city staff meetings requested by the City Administrator, but said meetings shall be limited to five in any one month and four hours per meeting including travel time . If meetings exceed said limitations, work shall be compensated at established billing rates described in Attachment "A" . ARTICLE 5 . OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner' s reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source . C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9 :00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. -3- C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. NORTHWEST ASSOCIATED CONSULTANTS, INC. 11' LC>9-` 4) Stephen Grittman, President Date CONDITIONS HEREIN AGREED TO: CITY /F OAK PARK HEIGH ►. , MINNESOTA David Schaaf, ay or Date kiNN Thomas Melena, City Administrator Date Please Sign and Return One Copy -4- ATTACHMENT "A" NORTHEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE * Effective 1 January 1998 Staff Member Rate Per Hour Principals (Directors) $65 . 00 to $95 . 00 Associates $50 . 00 to $95 . 00 Senior Analyst $50 . 00 to $75 . 00 Senior Landscape Architect $50 . 00 to $75 . 00 Senior Planner $50 . 00 to $75 . 00 Senior Urban Designer $50 . 00 to $75 . 00 Senior Public Administration Specialist . . . $50 . 00 to $75 . 00 Analyst $20 . 00 to $50 . 00 Landscape Architect $20 . 00 to $50 . 00 Planner $20 . 00 to $50 . 00 Urban Designer $20 . 00 to $50 . 00 Public Administration Specialist $20 . 00 to $50 . 00 Aide $15 . 00 to $40 . 00 Technician $15 . 00 to $40 . 00 Secretary $15 . 00 to $40 . 00 Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $ . 35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500 . 00 -8- * Classification ranges and individual staff rates are subject to change on a semi-annual calendar year basis . NORTHWEST ASSOCIATED CONSULTANTS N INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH © [Hy - '' - 11111 ' October 7, 1999 OCT - 8 1999 1 ' i►, Ms. Kimberly Kamper City of Oak Park Heights 14168 N. 57 th Street PO Box 2007 Oak Park Heights, MN 55082-2007 g RE: Administration - Contract FILE NO: 802 Dear Ms. Kamper: This letter forwards four signed copies of the amended contract for planning services with the City of Oak Park Heights. I also filled in the date, effective today. I kept one of the five copies for our files. If you have any questions, please do not hesitate to call. Thank you. Very Truly Yours, NORTHWEST ASSOCIATED CONSULTANTS, INC. 91T1A1*-- (La-41P- Stephen W. Grittman, AICP Principal 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 5541 6 PHONE 6 1 2 - 595 - 9636 FAX 61 2 - 595 - 9837 E-MAIL NAC@ WINTERNET.COM SEP-22-1999 13:25 NAC 612 595 983? P.01/04 14104 NORTHWEST ASSOCIQED CONSULTANTS ie INC Lis, COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM - Via Fax Transmission TO: Tom Melena FROM: Scott Richards/ Stephen Grittman /Alan Brixius DATE: September 22, 1999 RE: Oak Park Heights - NAC Contract for Services FILE NO: 802 Stephen Grittman, Alan Brixius and I have discussed the contract issues and different billing rates for Oak Park Heights and would propose the attached charge rate sheet effective on October 1, 1999. The rates reflect the increases already planned for January 1, 2000 that would affect all of our clients, as well as the additional increase to cover the cost of NAC staff coverage of all Wednesday staff meetings. As such, these rates would be in effect until December 31, 2000. We would suggest that a limitation of four hours per meeting and no more than five per month be placed on the weekly staff meetings with all costs over that time to be charged at the City rate. Attendance at the agenda meetings, if required, would be charged to private development where appropriate and to the City in all other cases. We would propose the following language for the new contract, subject to review by the City Attorney and agreement by our company owners. ARTICLE 4. PAYMENT B. Meeting Attendance The City hereby agrees to pay the Planner for professional services included in Article 2.B of this Agreement at the reduced City rate to a maximum amount of Two Hundred Dollars ($200.00)for company principals, directors, associates and senior level personnel and One Hundred Fifty Dollars ($150.00) for professional support staff per public or special meeting, based upon invoices received documenting work 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 6 1 2 . 595 . 9636 FAX 6 1 2- 595 . 9637 E-MAIL NAC @ WINTERNET.COM SEP-22-1999 13:25 NAC 612 595 9837 P.02/84 • completed. There shall be no fee charged for attendance at City staff meetings as requested by the City Administrator, but said meetings shall be limited to five in any one month and four hours per meeting including travel time. If the meetings exceed said limitations, work shall be compensated at established billing rates described in Attachment A. The contract should be signed by Stephen W. Grittman, President. Attachment A would be the rate schedule with ranges so that the contract does not need to be updated each time we raise charge rates. Mark Vierling should update the contract and provide two originals for us and your files. If we want to start in October, the contract should be updated for approval by the City Council at their September 28, 1999 meeting. If you have any questions, please do not hesitate to call. pc: Mark Vierling SEP-22-1999 13:25 NRC 612 595 9837 P.03/04 • • NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE CITY OF OAK PARK HEIGHTS Effective October 1, 1999 Staff Member Rate Per Hour Principals (Directors) $65.00 to $120.00 Associates $65.00 to $120.00 Senior Analyst Senior Landscape Architect Senior Planner $60.00 to $90.00 Senior Urban Designer Senior Public Administration Specialist Analyst GIS Specialist Landscape Architect Planner $30.00 to $60.00 Urban Designer Public Administration Specialist Aide Technician $15.00 to $40.00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $.35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500.00 " Classification ranges and individual staff rates are subject to change on a semi- annual calender year basis. ATTACHMENT A SEP-22-1999 13:25 NAC 612 595 9837 P.04/84 1111 410 NORTHWEST ASSOCIATED CONSULTANTS, INC. 2000 CHARGE RATES FOR CITY OF OAK PARK HEIGHTS (EFFECTIVE 10/1/99) EMPLOYEE MIA= CITY DAVID LICHT, PRINCIPAL 100.00 85.00 DAN WILSON, DIRECTOR OF FINANCIAL ANALYSIS 100. 00 85. 00 ALAN BRIXIUS, PRINCIPAL 95 .00 80.75 STEPHEN GRITTMAN, PRINCIPAL 95.00 80.75 SCOTT RICHARDS, SENIOR PLANNER 80. 00 68. 00 ANNE DUERING, SR. LANDSCAPE ARCHITECT 80. 00 68.00 DEBORAH GARROSS, SENIOR PLANNER 72.50 61.60 DANIEL LICHT, PLANNER/ANALYST 60.00 51. 00 CYNTHIA PUTZ-YANG, DESIGNER/PLANNER 50. 00 42.50 JASON LINDAHL, PLANNER/GIS SPECIALIST 50. 00 42 .50 FRANK FREDERICK, FINANCIAL ANALYST 50.00 42 .50 SECRETARIAL: NANCY DUPONT 35. 00 30.00 ANINA NIELSEN 35.00 30.00 MILEAGE - $.35 PER MILE FAX = $.50 PER PAGE PHOTOCOPIES - $.15 PER PAGE SUPPLIES - COST PLUS 15% TOTAL P.04 • • • Enclosure IV. 4C N NORTHWEST ASSOCIATED CONSULTANTS INC C COMMUNITY PLANNING - DESIGN - MARKET RESEARCH 13 JANUARY 1998 AMENDMENT AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement entered into this day of 1998 by and between the City of Oak Park Heights, Minnesota, herein referred to as the "City", and • Northwest Associated Consultants, Inc., herein referred to as the "Planner" is an amendment to the Agreement for Professional Planning Services dated 1 January 1996 as follows: Article 4. Payment A. Technical Planning and Development Assistance 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. l: ::fats tt6di k W}1iCh :� 1�k3 eat.�� . 1�r� .............. .. ....... ............ A . ::: :: C �..: , ;. , . ... °;��>, .< ,:;:;.: >.;... .. : <: :: rite::>sha. .. ..1�.. .l et..t I:.::nn �a��t: a!�r;.Q;:r��r� ;� ?�f?d..fr!�. ; > Of. r'ne ctt+um §f$3 #96, ex>�lusr�re of rn�e�t�r t t r rz lac # t ex ` the:::::.$300 #.... w< :.< > . r<* s se: >wkhat was �e�r�fir�ert>> �tft a : :revel:> tf<ttte;±��rt� [� .�Iva ..sl� �s . f.ed,,;,,;:.:,>::., :.;rc��;ct::::sl! a��:::`l�e:CtaSI��....�s.: sin le family requast befQf rnrnening;warl 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 • • CONDITIONS HEREIN AGREED TO: NORTHWEST ASSOCIATED CONSULTANTS, INC. `- zi.re's —/David R. Lich 'resident Date CITY OF OAK PARK HEIGHTS, MINNESOTA Judy Hoist, Acting City Administrator Date Please Sign and Return One Copy • NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE * Effective 1 January 1998 Staff Member Rate Per Hour Principals (Directors) $65.00 to $95.00 Associates $50.00 to $95.00 Senior Analyst Senior Landscape Architect Senior Planner $50.00 to $75.00 Senior Urban Designer Senior Public Administration Specialist Analyst Landscape Architect Planner $20.00 to $50.00 Urban Designer Public Administration Specialist Aide Technician $15.00 to $40.00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $.35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500.00 * Classification ranges and individual staff rates are subject to change on a semi- annual calendar year basis. ATTACHMENT A • Enclosure IV. 4B • r NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH 19 December 1995 ' AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this 1S+ day of -yvn,«t✓`/ 1996, by and between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City", and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner". WITNESSETH: ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planning and Development Assistance 1. Provide general assistance and consultation to the City, regarding the City's planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 5775 WAYZATA BOULEVARD , SUITE 555 ST. LOUIS PARK , MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 • • • City of Oak Park Heights Page Two 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. All material and documents applicable to projects in which the Planner is involved. Such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects as contrasted to private development projects shall be charged at a fifteen (15) percent reduction in hourly rates. The fee schedule, as provided in Attachment A, shall serve as the basis for charges made. 2. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. • City of Oak Park Heights Y Page Three 3. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. Meeting Attendance III The City hereby agrees to pay the Planner for professional services included in Th Y Y g P Y P Article 2.B of this Agreement at the reduced City rate to a maximum amount of Two Hundred Dollars ($200.00) for company principals, directors , associates and senior level personnel and One Hundred Fifty Dollars ($150.00) for professional support staff per public, staff, or special meeting, based upon invoices received documenting work d 9 completed. p ARTICLE 5. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner's reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing ) da Y d by the Planner until all payments work completed. All materials shall be retaine y p Y due from the City have been received by the Planner. • City of Oak Park Heights Page Four C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. NORTHWEST ASSOCIATED CONSULTA S, INC. 4110111M f Agigir:// 4 ( David R. Licht, Py-sident Date CONDITIONS HEREIN AGREED TO: CITY OF OAK PARK HEIGHTS, MINNESOTA --)k)0, - li-9 Barbara O'Neal Mayor Date Mike -obertson, City Administrator Date Please Sign and Return One Copy • • NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE* Effective 1 July 1993 STAFF MEMBER RATE PER HOUR Principals (Directors) $50 . 00 to $95. 00 Associates $50 .00 to $95 .00 Senior Analyst Senior Landscape Architect Senior Planner $35 . 00 to $60. 00 Senior Urban Designer Senior Public Administration Specialist Analyst Landscape Architect Planner $20 .00 to $45 .00 Urban Designer Public Administration Specialist Aide Technician $15 . 00 to $35 . 00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 150 Mileage $ 35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500. 00 * Classification ranges and individual staff rates are subject to change on a semi-annual calendar year basis . ATTACHMENT A Enclosure IV. 4A • N NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Judy Holst FROM: Scott Richards DATE: 7 January 1998 RE: Oak Park Heights - Planning Service Contract FILE NO: 798.04 - General Please find enclosed a draft amendment to the Agreement for Professional Services that was executed in January of 1996. This amendment is an addition to the contract between NAC and the City to cover a maximum charge of$300.00 for single family requests. This had been discussed with the Council in 1997. Additionally, I have clarified the language regarding rate schedules and have included the 1998 schedule as a new Attachment A. This should be reviewed by the City Council at their 13 January 1998 meeting. I have included a copy of the 1996 contract for your reference. If you have any questions, please do not hesitate to call. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 N NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH 13 JANUARY 1998 AMENDMENT AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement entered into this day of 1998 by and between the City of Oak Park Heights, Minnesota, herein referred to as the "City", and Northwest Associated Consultants, Inc., herein referred to as the "Planner" is an amendment to the Agreement for Professional Planning Services dated 1 January 1996 as follows: Article 4. Payment A. Technical Planning and Development Assistance 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. e '':j>:>:nnuai< lidar The;:;f": >:<:,>:::<;, ><< '`'`: :; :� ,>:; :>::: »>::>,;<;>,<;` `>' ` '`''<C1` `` �11�.-a#l�l�,i� fit scf�ert�le, wl�irch ��st�b4e�t ���h 1 �,: � :. ....... r.. ::.:.., :.i�:{.::v:... ::' %�:;:;:.�:::::::'...,...'. . ><> in At .:> > ent:k.::#all .......:.:#..�'XC��''t......:....................... serve a t e i; for c- §gosh ad $04#:I:Oittijjy r04400s fir rOriOrki*:: d006«.:. . : 0 .. > _ < < :: lan ed.:aanit develo ..gent:a nendr en#s::::s1 alt:;1 a<billi i' t the r�edu d': :it ' r<"'ects :>::: �`ot � a #a*m�ri� �f s € pp, exo€� ::ot` `<` r.. that exceed the 300€fl ximu ....t u lg€tx;: ;t e.:..:Plannef..... y r'eques't ve; 1:0:1 ,,.,a'::.a at. 's r0trr�b�.l !�rrf:. ttp :a :..:r.. l:>if;ft� > �'���:t�:.:�ly�d.r5f�tf'p::��.::.:::.::.::�.::: .::a::: ,i :1::,:::>: ::. < f > <:f .>. t.>> C ty<;a :a l`anner::shall •�r: .�n�.:.1. r��erld�d for. tt��:��� ��.::ill :::.r.�:..���r::.l��t ..:��c�..:..:..:::.:::::::::::.::: ::: sha l l e classifi d«a`<a single;farf i:ly reque t before mmencing work:: 5775 WAYZATA BOULEVARD , SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 J ,, • • CONDITIONS HEREIN AGREED TO: NORTHWEST ASSOCIATED CONSULTANTS, INC. 771/: David R. Li , President L./ate CITY OF OAK PARK HEIGHTS, MINNESOTA Judy Hoist, Acting City Administrator Date Please Sign and Return One Copy • • NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE * Effective 1 January 1998 Staff Member Rate Per Hour Principals (Directors) _ , $65.00 to $95.00 Associates $50.00 to $95.00 Senior Analyst Senior Landscape Architect Senior Planner $50.00 to $75.00 Senior Urban Designer Senior Public Administration Specialist Analyst Landscape Architect Planner $20.00 to $50.00 Urban Designer Public Administration Specialist Aide Technician $15.00 to $40.00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $.35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500.00 * Classification ranges and individual staff rates are subject to change on a semi- annual calendar year basis. ATTACHMENT A • Enclosure IV. 4A NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Judy Hoist FROM: Scott Richards DATE: 7 January 1998 RE: Oak Park Heights - Planning Service Contract FILE NO: 798.04 - General Please find enclosed a draft amendment to the Agreement for Professional Services that was executed in January of 1996. This amendment is an addition to the contract between NAC and the City to cover a maximum charge of $300.00 for single family requests. This had been discussed with the Council in 1997. Additionally, I have clarified the language regarding rate schedules and have included the 1998 schedule as a new Attachment A. This should be reviewed by the City Council at their 13 January 1998 meeting. I have included a copy of the 1996 contract for your reference. If you have any questions, please do not hesitate to call. • \YZATA BOULEVARD , SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 r; - Ott Irt Enclosure IV. 4B NORTHWEST ASSOCIATED CONSULTANTS N INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH \r�0 • 19 December 1995 - AGREEMENT FOR PROFESSIONAL PLANNING SERVICES e THIS AGREEMENT entered into this 15f day of �ti/c,i 2i✓% 1996, by and between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City", and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner". WITNESSETH: ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planning and Development Assistance 1. Provide general assistance and consultation to the City, regarding the City's planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance and make recommendations on matters as described by the City through the City Administrator. B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 5775 WAYZATA BOULEVARD , SUITE 555 ST. LOUIS PARK , MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 • • City of Oak Park Heights Page Two 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the - Planner, without charge, the following: A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. All material and documents applicable to projects in which the Planner is involved. Such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects as contrasted to private development projects shall be charged at a fifteen (15) percent reduction in hourly rates. The fee schedule, as provided in Attachment A, shall serve as the basis for charges made. 2. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. e y • • City of Oak Park Heights Page Three 3. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. Meeting Attendance The City hereby agrees to pay the Planner for professional services included in Article 2.B of this Agreement at the reduced City rate to a maximum amount of Two Hundred Dollars ($200.00)for company principals, directors , associates and senior level personnel and One Hundred Fifty Dollars ($150.00) for professional support staff per public, staff, or special meeting, based upon invoices received documenting work completed. ARTICLE 5. OTHER PARTIES _ -A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. The Planner's reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. B. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. • • City of Oak Park Heights Page Four ' C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. NORTHWEST ASSOCIATED CONSULTA S, INC. daft David R. Licht, j-sident • - Date CONDITIONS HEREIN AGREED TO: CITY OF OAK PARK HEIGHTS, MINNESOTA • '—)(V)cS106)-k/k a-cL-() Barbara Ma B O'Neal, Mayor Date Y C' `Mike 'obertson, City Administrator Date Please Sign and Return One Copy • ti NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE* Effective 1 July 1993 STAFF MEMBER RATE PER HOUR Principals (Directors) $50 . 00 to $95 . 00 Associates $50 . 00 to $95 . 00 Senior Analyst Senior Landscape Architect Senior Planner $35 .00 to $60 . 00 Senior Urban Designer Senior Public Administration Specialist Analyst Landscape Architect Planner $20 .00 to $45 .00 Urban Designer Public Administration Specialist Aide Technician $15 . 00 to $35 . 00 Secretary Outside Consultants Per Job Basis Supplies Actual Cost + 15% Mileage $ 35 Per Mile Expert Testimony Hourly Rate - Minimum Charge $500 . 00 * Classification ranges and individual staff rates are subject to change on a semi-annual calendar year basis . ATTACHMENT A • • Enclosure IV. 4C N NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH 13 JANUARY 1998 AMENDMENT AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement entered into this day of 1998 by and between the City of Oak Park Heights, Minnesota, herein referred to as the "City", and Northwest Associated Consultants, Inc., herein referred to as the "Planner" is an amendment to the Agreement for Professional Planning Services dated 1 January 1996 as follows: Article 4. Payment A. Technical Planning and Development Assistance 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. •1... l bass os served l m ltfr�g t� ��o ity,.::��::p�'�.::<�. .ed.::lf,:�tteehrer��: :shgl.: serve es the bass for charges made. '>»::';:>;>; :;::»"'`'.`::<:::>.<>:;::>:>; :; ' :: >: :> ;<.::<:; ._> °.;<`;;:»: : : :>::( <:>::> '`'its�>a ..rn .�r togle f0001S rec 4ests fO ar 4npes, 0rt0 r#a 0 ...< .:rrn. _: ' :::#: ' ::' ..::.i::::.;1:::::::.:::::::..:::.::::::::::.�::..:::: .. :i::ii::::iii::::...::::.:�:.:.:..�: ..::i::.::..ii.1. :..::i::::::.;:v::::�:...:�i:�i:::?i:.:.iii:::.::::.:.:::. ?':::i p 1:::.::::,,;::;'.:. :: <> v l ., ....ent ...men,.....::e.:.: ..:,....a < : : > >a:::: : :€:ed c e: :: � er�r��d��l# days oilmen amendm nts sha�l;be;�illea#,thy re � d rate;ft ::am irr um:of< ; .00 ::e clusivre of m etin s_. :For "`.r':o ects that exceed the.. $300.0a....rnaximum...budget, the Planner may request d s r s 'al`what':was re�mburOOrnt.:�nclif'°:o : .:r��§1> `ifthy�ra��.:tny�lyg...:....t�...:�..�e .: ....._...... .... on<i.r at:l:y:::intended:for.the:>sii le.ifamily:>::re:�uest;::::::::City>:::ar d::: :lanner:>shall �i':�``'` €� as ''>»cas < f�;°:;�- >`i�s> '< '`Ick�.. .r :.:<.:a .a '` clas i �e" s>a :::g. ::::. ,:.,> by e. a ��.. �.:::.w :.::.:. � ::.1.; ;.,,. � ::::, single family request 14:000:000000.0g#0* work.. 5775 WAYZATA BOULEVARD , SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 • • CONDITIONS HEREIN AGREED TO: NORTHWEST ASSOCIATED CONSULTANTS, INC. —/David R. Lich 'resident Date CITY OF OAK PARK HEIGHTS, MINNESOTA Judy Hoist, Acting City Administrator Date Please Sign and Return One Copy • 410 410 Enclosure IV, 5A COUNCIL MEETING DATE: January 13, 1998 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: January 9, 1998 Requested By: Judy Holst, Interim Administrator ITEM/ACTION DESCRIPTION: Approve 1998 Checking, Saving, and Investment Depositories. Designation of Smith Barney as an approved depository for 1998 . BACKGROUND: I have received information from Smith Barney requesting that we designate their company as an approved depository of the City. Lake Elmo, Bayport, and Mahtomedi all use Smith Barney. Y ACTION REQUESTED: Approval of 1998 Depositories . Approval or rejection of Smith Barney as an official depository for 1998 . FINANCIAL IMPLICATIONS: None . ADMINISTRATIVE COMMENTS: Recommend approval . REVIEWED BY: /4/6441-74— //44'64— C;'y i6 ministrator F. nc irector