12-77 Ordinance
. I . RlECO~D Of ORD~NANCES
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National Graphics Corp" Cots.. o. ~ Form No. 2808-A
L Ordinance No...-----12----2.' p assednm_n____MAR.7.____JfJl1.____________19_.m __
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AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE
ADMINISTRATOR TO EXECUTE AND DELIVER, ON BEHALF OF
C THE VILLAGE OF DUBLIN, OHIO, A CERTAIN CONTRACT EM-
PLOYING A VILLAGE PLANNING CONSULTANT, AND APPRO-
PRIATING FUNDS THEREFORE,
Be it ORDAINED by the Council of the Village of Dublin, Ohio,
~ , of the elected members concurring, that:
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SECT! ON I. The Village Administrator be, and he is, hereby, authorized
and directed to execute and deliver, on behalf of the Village of Dublin,
Ohio, a contract employing as Village Planning Consultants, the Godwin-Bohm
. Grou~Corporation, a copy of which contract is attached hereto, marked
Exhibit "A", and made a part hereof,
SECTION 2, There is, hereby, appropriated a sufficient amount to pay
for the services and expenditures called for in said contract.
SECTION 3, This Ordinance shall take effect and be in force from and
C after the earliest period allowed by law,
Passed th i s '1..- day of M~ , 1977,
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President Pro Tempore .
r;,e ~,I'tt~ J . LJ f /i:,~~
Mayor P:l.,... 1.IJ..flg
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ATTEST: (J~
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Clerk-Treasurer
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AGREEMENT
THIS AGREEMENT, made and concluded this 7N day of WI Alle4- ,
1977, by and between the Village of Dublin, a Municipal Corporation, existing
under the laws of Ohio, hereinafter referred to as the IIVillagell and The Godwin-
C Bohm Group Corp., hereinafter referred to as the IIVillage Planning Consultantll,
WITNESSETH: That the Village and the Village Planning Consultant,
each in consideration of the promises, undertakings and covenants herein con-
tained, do hereby promise, undertake, and agree as follows:
ARTICLE I:
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The Village agrees to employ the Village Planning Consultant for a
period of one (1) year and to pay for such Village Planning Consultant services
as performed by the Village Planning Consultant during said one (1) year period
at the rates hereinafter set forth for the type or types of services performed.
Such one (1) year term shall begin on the 7~ day of M4/le* , 1977
and end on the 7"'" day of /)1A4c:t+ , 1978; except that uncompleted
work on the termination date shall be completed under the terms of this Agree-
D ment if directed by the Village.
ARTICLE I I:
A, PLANNING CONSULTING
It is mutually agreed by and between the Parties hereto that the
Village Planning Consultant shall assist the Village and the Vil-
lage Staff when so requested, The areas in which such assistance
may be requested include but are not limited to the following:
1. Consult with the Village Council, the Planning and
Zoning Commission, Mayor, and the Village Staff with
respect to long range development goals and objec-
tives of the Village.
2, Consult with the Planning Commission and Village Staff
regarding zoning matters,
3. Act as advisor to the Village Council and the Planning
and Zoning Commission and evaluate the technical and
t planning merits of the cases presented before them,
4, Submit proposals, comments and reports regarding re-
vision of the Village1s Zoning Code or other codes,
as requested.
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5. Render critical evaluations of the proposals of owners,
developers, or contractors for subdivisions, street
plans, public improvements, individual structures, or
proposed land uses.
6. Consult with the Village Engineer in relation to
planning consideration in Village engineering pro-
jects.
7. Prepare and submit to the Village, where desirable,
written reports, recommendations, drawings, sketches
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and renderings, schematics, surveys, design studies,
and models.
8. Attend and participate in meetings, when requested,
with Village Council, the Planning Commission, the
Mayor or Village Administrator, or Village Staff,
for discussions relating to any matters listed above.
9. Aid the Village Staff and Village Co~ncil in i dent i-
fying funding sources and in completing the necessary
C applications,
B. MASTER LAND USE PLANNING AND PLANNING TOOLS
The Village Planning Consultant shall review the existing
Village Master Land Use Plan and make recommendations re-
garding its revision, change, updating or replacement, if
any are neededy to the Planning Commission and Council.
OTHER PLANNING TOOLS AS REQUIRED: To provide sound, factual
guidelines to assist Village officials both in reviewing de-
velopment plans and in making land use decisions.
METHODOLOGY:
1. Establish development goals and priorities by obtain-
ing community input, through a variety of means which
could include public hearings, seminars, and question-
C naires,
2. Develop land use guidelines based upon support cap-
ability of the land and serviceability on major road-
way needs, and on future need for additional services,
schools and parks,
3. Co-ordinate with other municipalities and MORPC.
4. Offer opportunities for review and input to Village
officials and citizens before plans are finalized,
5, Produce land use plan or portion thereof as agreed,
In rendering the aforesaid professional services, the Village
Planning Consultant undertakes to exercise the reasonable skill
and care usually exercised by those in the relevant profession
or professions and the Village Planning Consultant shall be re-
sponsible for meeting the afore-standard of care only.
ARTICLE III: FEE
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The Village agrees to pay the Village Planning Consultant for ser-
vices within Article I I, A & B, for the time spent on Planning Consultant ser-
vices. The hourly rate of charge as set forth in Exhibit A shall be computed
and invoiced monthly to a total for the year of $12,000 for Article I I, A and
as agreed upon for Article I I, B or other services,
The Village Planning Consultant agrees to furnish the Village with a
monthly accounting of hours and costs of services rendered.
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ARTICLE IV: EXPENSES
The Village shall pay in addition to the payments outlined in
Article I I I all of the Village planning Consultant's reimbursable expen-
ses incurred in connection with Village projects, Reimbursable expenses
include all actual expenditures made by the Village Planing Consultant
C in the prosecution 6f the Village's projects for the following and other
similar incidental items:
A. Expenses of transportation, and 1 iving when travelling in
connection with Village projects hereunder and for long
distance calls, telegrams and postage, all at actual cost;
provided, how~yer, that any such travel involving living
expenses shall have been authorized in advance by the
Village, whIch may stipulate a reasonable per diem 1ivipg
expense in connection with such travel at the time it
authorizes the same.
B. Expenses of reproduction (excluding copies for the Village
Planning Consultant's office use) of documents for the use
of the Village or the Village Planning Consultant.
C C.. Perspectives or models for the Village's use, and fees of
special consultants employed by the Village Planning Con-
sultant if such employment is authorized in advance by the
Village.
In the event the Village requests special services not contemplated above
in connection with any particular project, the terms pursuant to which such
services are to be rendered and the Village Planning Consultant's fee and
other charges therefore shall be a subject for prior mutual agreement by the
Parties.
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ARTICLE V: TERMINATION
It is further mutually agreed by and between the Parties hereto that this
Agreement shall be subject to cancellation at any time by either party any
C cause or reason whatsoever, and upon thirty (30) days written notice of such
intentions, providing that upon termination of the Agreement the Village
shall pay to the Village Planning Consultant the amount, If any, due the
Village Planning Consultant for services rendered up to that date based on
hourly rate of charge,or the cumulative monthly retainer payments whichever
is higher.
ARTICLE VI: L1AI SON
Each pary shall designate a Liaison Official for the purpose of
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efficient communication and expediting rendition of the Village Planning Con-
sultant's services. Until changed in writing by the appropriate party, the
Village Planning Consultant's Official shall be Lawr9nc& HelMan and the ViI-
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lage1s Official shall be the Village AOMinistl or.
C It shall be the duty of the Village Planning Consultant's Liaison
Official to communicate to the Village Planning Consultant's principals and
employees the Village's needs for the aforesaid services (including the spe-
cific nature of the services needed) and the time and date when and place at
which such services are desired.
It shall be the duty of the Village's Liaison Official to make
known to the Village's appropriate personnel and entities the availability
of Consultant's services hereunder and the general nature of such services.
Such Liaison Official shall also be responsible for screening requests for
the Village Planning Consultant1s services from various Village personnel
and administrative entities, for' establishing and communicating to the Plann-
ing Consultant's Liaison Official the Village's priorities with regard to
C such services, and for actually requesting the rendition of such services.
All such request for services shall be made reasonably in advance of the
date on which such services are needed,
ARTICLE VII: OTHER REPRESENTATIVES
If the Village Planning Consultant is to represent any Principal
who has ~usiness with the Village involving matters which relate to ser-
vices normally rendered by the Village Planning Consultant hereunder; the
Village Planning Consultant shall disclose such representation to the Vil-
lage and the Village may request outside professional assistance on the mat-
ter and will judge the merits of such business as it would that of any
principal not represented by the Village Planning Consultant.
ARTICLE VIII: COMPLI ANCE
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The Village Planning Consultant agrees to comply with the provi-
t sions of all laws, ordinances, resolutions and regulations pertaining to
the activities of the Village Planning Consultant.
ARTICLE IX: GENERAL
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This Agreement represents the entire and integrated agreement be-
tween the Parties and supersedes all prior representations or misunderstand-
ings. The Agreement may be amended or modified only by written instrument
signed by the Parties or the party against whom enforcement might be sought.
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Neither party shall assign this Agreement or any interest therein
without the prior written consent of the other.
. - This Agreement shall be governed by the laws of Ohio and shall be
binding and enforceable against the partners, legal representatives, succes-
C sors, and assigns of the Firm and upon the successors and assigns of the
Village. In addition, this Agreement shall inure to the benefit of and may
be enforced by the successors and assigns of either party if the assignment
or succession thereto was with the prior consent of the other.
IN WITNESS WHEREOF, the Village of Dublin, actin~ by and through the
Village Administrator, and The Godwin-Bohm Group Corporation acting by and
through James W. Godwin, Jr. Principal, have caused the due execution hereof
this ?~ day of m~ , 1977, at Columbus, Ohio
THE VILLAGE OF DUBLIN, OHIO THE GODWIN-BOHM GROUP CORP,
By: By:
Witness: Witness:
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