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018-78 Ordinance r RECORD OF ORDINANCES I National GraphJcs Corp.. Cols.. O. ~ Form No. 2806-A 18 78 MAR 2 0, 1978 Ordinance No .__________nnnnn____ p assed______________________________nn_________n_____19 _____ n , AN ORDINANCE AUTHORIZING AND DIRECTING I I THE VILLAGE ADMINISTRATOR TO EXECUTE ! rD AND DELIVER, ON BEHALF OF THE VILLAGE OF DUBLIN, OHIO, A CERTAIN CONTRACT I .. EMPLOYING A VILLAGE PLANNING CONSULT- l .. . ANT, AND APPROPRIATING FUNDS THEREFORE, AND DECLARING AN EMERGENCY. I i BE IT ORDAINED by the Council of the Village of Dublin, Ohio, ~, of the elected members concurring, that: I SECTION I. The Village Administrator be, and he is, hereby, authorized and directed' to execute and deliver, on behalf of the Viltage of Dublin, Ohio, a contract employing as Village Planning Consultants, the Godwin-Bohm Group Corporation, a copy of which contraet is attached hereto, marked Exhibit BAn, and made a part 1 hereof. SECTION 2. There is, hereby, appropriated a sufficient amount to pay for the services and expenditures called for in said con- tract. SECTION ~ This Ordinance is hereby declared to be an emergency 0 measure necessary for the immediate preservation of the health, safety and welfare of the Village, and for the further reason that the current contract for a Village Planning Consultant has I expired, therefore, this Ordinance shafl take effect and be in force immediately upon its passage. Passed this "O~day of J1)~ , 1978 i ; ~f~pore ! . . i l , ; Mayor-Presiding Officer ATTEST: J}~ L4~ Clerk-Treasurer C j , .. AGREEMENT TH 1.5 AGREEMENT. made and cone 1 uded th is ~ b~ay of h~o(~l. , 1971, 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- ~ Bohm Group Corp., hereinafter referred to as the IIVillage Planning Consultane'. , . ' \ L'.- 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: - ..- 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~~ day of ~~<~~ ' 1971 . . - and end on the do. ~~ day of .h~'t..c:..L , 1979; except that uncompleted ~ work on the termination date shall be completed under the terms of this Agree- rv- ment if directed by the Village. , ~ ARTICLE II: - 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 developmen~ 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 '" '-., planning merits of the cases presented before them. . 4. .Submit proposals, comments and reports regarding re- \... vision of the Village's Zoning Code or other codes, as requested. . 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 _,_"o.,_c.,__,~,_; , 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 Council in identi- fying funding sources and in completing the necessary r(~ applications. L~ 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 needed'f to the P 1 ann i ng Comm is s i on and Counc i 1 . 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- a- na ires. .. 2. Develop land use guidelines based upon support cap- ...-.w...,' 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. ,.... " ART I CLE II I : FEE - tl , The Village agrees to pay the Village Planning Consultant for ser- ~" vices within Article II, 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 lnvoiced 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. -2- . , ARTICLE IV: EXPENSES - The Village shall pay in addition to the payments outl~ned 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 ~/-\ in the prosecution.of the Village's projects for the following and other t;' similar incidental items: , "--) A. Expen~es of transportation, and living 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'livin.g 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 rr of the Village or the Village Planning Consultant. C.. Perspectives or models for the Village's use, and fees of . \w.j special cons~ltants employed by the Village Planning Con- sultant if such employmen~ is authorized in advance by the Vi llage. 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. . 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 U cause or reason whatsoever, and upon thirty (30) days written notice of such intentions, providing that upon termination of the Agreement the Village ~hall 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. ARTI CLE VI: L1AI SON - Each pilft shall designate a Liaison Official for the purpose of . , efficient communication and expediting rendition of the Village Planning Con- r sultant's services. Until changed in writing by the appropriate party, the .- Village Planning Consultant's Official shall be Lawrence Helman and the Vil- lage's Official shall be the Village Administrator. r'f"> It shall be the duty of the Village Planning Consultant1s 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 wh i ch s'uch serv ices a re des ired. It shall be tne 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 Consultant's 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 r"y' such services, and for actually requesting the rendition of such services. . '. All such request for services shall be made reasonably in advance of the ! ..' \w..--. date on which such services are needed. ARTICLE VI I: OTHER REPRESENTATIVES - If the Village Planning Consultant is to represent any Principal who has business 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. ART! CLE V III : COMPLIANCE - The Village Planning Consultant agrees to comply with the provi- ~.~ ,.-- - -', ("- ~, sions of all laws, ordinances, resolutions and regulations pertaining to "..( \ " j. \..,I" the activities of the Village Planning Consultant. ARTICLE IX: GENERAL - - 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. < . '\ :, . ~ 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- rl\ 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 , . 'L,.! ""-" 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, acting by and through the Village Administrator, aod The Godwin-Bohm Group Corporation acting by and through James W. Godwin, Jr~ Principal, have caused the due execution hereof this ~ o..f~ day of --1tr. 4 v&h , 1978, at Columbus, Ohio THE GODWIN-BOHM GROUP CORP. By: By: Witness: Witness: [C; . . I I ,...,. r", " .'\ ,I '. l../ .' '-- -5-