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1994 DAVID BISHOPCOM~ULTING SERVICFG AGREEMENT '~~ `r day THIS AGREEMENT, made and entered into this 1994, between JEFFERSON COUNTY, MONTANA, ~~ of ~ a political subdivision of the State of Montana, acting by and through its duly authorized Board of County Commissioners, and the JEFFERSON COUNTY PLANNING BOARD, an agency of Jefferson County government, both said entities hereinafter collectively referred to as the "County," and DAVID M. BISHOP, 2443 Sunlight Circle, Helena, Montana, hereinafter referred to as the "Consultant"; W I T N E~ ,~ E T H• WHEREAS, the County is responsible for land use planning, subdivision review, land use regulation, and related activities in Jefferson County, Montana, and from time to time requires the services of a planning consultant in regard to such activities; and, WHEREAS, Consultant is in the business of providing such services and is willing to provide the same to the County; and, WHEREAS, the parties intend by this Agreement to formalize their arrargemert in regard to the provision of such services; NOW, THEREFORE, the parties mutually agree as follows: 1, ENERAL DESCRIPTION OF SERVICES: The Consultant agrees that he shall, upon request by the Board of County Commissioners or the Planning Board, and/or upon request by the Chairman or President of either of the same: (a) Provide planning assistance to the Planursga noato and/or the Board of County Commissioners, Subdivision Montana law and the Jefferooosedousubdivisions and Regulations, in regard to p P Consulting Services Agreement - p.~ Montana law and the Jefferson County Subdivision Regulations, in regard to proposed subdivisions and subdivision activities in Jefferson County. (b) Serve as advisor to the Board of County Commissioners and/or the Planning Board for all submitted minor and major subdivision plats and provide planning review of all of the same which may be submitted to the County for consideration. (c) Provide guidance and consultation to members of the public who make inquiries regarding the County's subdivision review processes and procedures. (d) Provide the County with general planning assistance in regard to other planning projects. which the Board of County Commissioners and/or the Planning Board may from time to time request in regard to subdivision regulations, zoning regulations, land use plans, design manuals, or other plans or planning activities. (Such requests and activities shall be subject to acceptance and agreement by the Consultant.) 2. SCOPE OF WORK: The general services, which are required of the Consultant hereunder, shall include: (a) The answering of questions from, and the provision of guidance and consultation to, members of the public regarding subdivision review process and procedures. (b) Pre-application consultations with subdivision applicants; (c) Review of preliminary plats and supplemental documents for completeness, suitability, and acceptibility further review by County; (d) Staff review and presentation on subdivision proposals including: (i) Site visits; (ii) Review of submitted materials; (iii) Distribution of materials to affected public agencies; (iv) Discussions with applicants, officials, and members of the public; Consulting Services Agreement - p.3 (v) Identification of problems and potential problems; (xi) Preparation of staff reports, including proposed recommendations, findings of fact, and/or conditions for approval as may appear appropriate; (vii) Attendance at hearings, meetings and/or work sessions in regard to proposed subdivisions and presentation of staff reports in regard to the same; (viii) Attendance at hearings, meetings and/or work sessions with the Board of County Commissioners to discuss proposed subdivisions; (e) Conduct final plat review of proposed final subdivision plats, review other applicable and pertinent documents, and conduct on-site inspections to assure compliance with preliminary plat approval conditions and the Montana Subdivision and Platting Act and Jefferson County Subdivision Regulations; (£) Provide planning assistance, in regard to other planning projects, which the Board of County Commissioners and/or the Planning Board may from time to time request in regard to subdivision regulations, zoning regulations, land use plans, design manuals, or other plans or planning activities. (Such requests and activities shall be subject to acceptance and agreement by the Consultant.) 3. ~-~cnmrnN ng CONSU TL ANT: The Board shall compensate the Consultant, for any and all services rendered hereunder, as follows: (a) For preliminary minor subdivision review (one lot divisions) -- $300.00/per submittal; (b) For preliminary minor subdivision review (multi-lot divisions) -- 5450/per submittal for up to 13 hours of review and processing time and S45 per each hour over 13 hours per submittal. ConsultSng Services Agreement - p.4 (c) For preliminary major subdivision review -- $550/per submittal for up to 16 hours of review and processing time and $45 per each hour over 16 hours per submittal. (d) For final plat review (minor and major) -- 5300/per submittal for up to 9 hours of review and processing time and S45 per each hour over 9 hours per submittal. (e) For additional work, which may be requested and agreed to as described in the "SCOPE OF WORK" section of this Agreement [subparagraph 2(f)] at a rate of $45.00 per hour. Further, the County shall reimburse Consultant at his actual cost for any long distance telephone expenses incurred in regard to his provision of services hereunder. (The County shall provide Consultant with a telephone calling card to be used exclusively for the conduct of County business, and the Consultant agrees to use said calling card where appropriate.) In addition, the County shall reimburse Consultant for his direct, overhead expenses as follows: (a) For all direct printing costs, in the actual amount thereof; (b) For all direct mailing costs, in the actual amount thereof. Consultant shall bill County for all services rendered and reimbursible costs incurred, during each previous month, on a monthly basis and by the date specified by the Jefferson County Clerk and Recorder for the submission of bills to Jefferson County. Payment shall be made by County within thirty (30) days thereafter. 4 accrgTANCE BY COUNTY: In order to assist the Consultant Consulting Services Agreement - p.5 with his provision of services hereunder, the County shall: (a) Provide immediate notification to the Consultant o£ subdivision applications; (b) In regard to planning or subdivision related questions asked of the Board of County Commissioners, the Planning Board, or their members, direct the same to the Consultant; (c) Provide Consultant with copies of County Commission and/or Planning Board documents (including minutes of meetings, informal communications, and policy revisions) pertaining to subdivisions or planning projects. (d) Upon request of Consultant, obtain and provide clarifications regarding the Jefferson County Subdivision Regulations and/or the policies of the Board of County Commissioners and/or the Planning Board regarding planning matters. (e) Provide County Sanitarian review of subdivision submittals. (f) Provide advertising of required public meeting and public hearing notices and provide formal public hearing notification of adjacent land owners in the case of preliminary major subdivision plats. (g) Provide legal consultation and support, when necessary under the scope of this Agreement, by the County Attorney's Office and/or by the County's liability insurance carrier, including the possible legal defense of Consultant's actions taken in carrying out the Consultant's responsibilities under this Agreement. 5. INDEPENDENT CONTRACTOR STATUS: The parties agree that the Consultant is a planning consultant who conducts a full-time private business in such capacity as an independent professional. The parties therefore expressly agree that their relationship is one of consultant and client on a case-by-case basis. They expressly agree that Consultant is, for all purposes under the law, an independent contractor and that County shall have no power o£ Consulting Services Agreement - p.6 direction or control over Consultant's day-to-day provision of services hereunder. Further, Consultant understands and agrees that he possesses no authority whatsoever to commit or obligate County to the approval or disapproval of any subdivision proposal or to make any statements or representations regarding the likely or possible approval or disapproval of any such proposal. 6. COMPLIANCE WITH STATE AND FEDERAL LAWS: Consultant expressly acknowledges and agrees that Jefferson County is a political subdivision of Montana and that the Planning Board is an agency of county government; as such, they are subject to various State and Federal statutes and administrative provisions pertaining to equal employment opportunity, prohibitions against discrimination, employment conditions, workers' compensation, unemployment compensation, public or municipal audit or review, and similar provisions, some or all of which are or may be applicable also to private contractors with the County. Consultant agrees to comply with any and all such applicable provisions of State and Federal law and regulations, which applicable provisions are by this reference incorporated herein and made a part of this Agreement. Especially, Consultant agrees to maintain in effect, in a manner which fully complies with Montana law, workers' compensation insurance and unemployment compensation insurance in regard to himself (if applicable) and in regard to any of his employees. Consulting Services Agreement - p.7 7. INSURANCE HOLD HARMLESS AND INDEMNITY: The Consultant shall be insured, under the County's policies of liability insurance, against all liabilities, losses, damages, claims, demands and actions, based upon, arising out of, or sustained in connection with, the performance of Consultant's duties hereunder. (Such insurance coverage shall apply just as if Consultant were County's employee, which he is not.) The County shall hold Consultant harmless from, and shall indemnify Consultant for, any and all liabilities, losses, damages, claims, demands and actions, based upon, arising out of, or sustained in connection with, the lawful and proper performance of Consultant's duties as described herein. Consultant shall hold the County harmless from, and indemnify the County for, any and all liabilities, losses, damages, claims, demands and actions based upon, arising out of, or sustained in connection with, any personal violation of any statute, ordinance or regulations by Consultant. Consultant shall maintain in effect, in a manner which fully complies with Montana law, a liability insurance policy in regard to Consultant's use and operation of motor vehicles associated with the performance by Consultant of his duties under this Agreement. 8. OWNERSHIP OF DOCUMENTS AND MATERIALS: In the event of termination of this Agreement, all finished and/or unfinished documents, data, studies and reports, prepared by Consultant hereunder, shall be retained by the County. All rights and/or ^ Consulting Se rvicea Agreement - p.8 copyrights, to any materials or reports generated under this Agreement, shall be and remain the exclusive property of the County. 9. EFFECTIVE DATE AND TERM: The parties agree that this Agreement shall be effective when fully executed by all parties (on the date first,~bove written) and shall remain in effect through ,t\-~. June 30, 199s3~, unless it is sooner terminated. On and after July i `i~r ~' 1, 199fY, and on the annual anniversary thereof, this Agreement shall be automatically renewed, and shall be in effect, for successive one year terms unless it is thereafter terminated. The parties agree that this Agreement (and any renewal Agreement) may be terminated by either party at any time upon not less than sixty (60) days' notice to the other. Any such notice by either party shall be in writing. In the event of any such termination, Consultant shall be entitled to compensation for all services satisfactorily completed hereunder, and for all costs incurred. 10. ASSIGNMENT: Consultant agrees that this Agreement is personal to him and that he shall perform all services hereunder. Consultant agrees that he shall not assign or transfer this Agreement, or subcontract any work or services to be performed hereunder, without the prior written consent of the County. However, Consultant in the performance of said duties may at times utilize one or more employees, in addition to the Consultant himself, to conduct the required analysis. Consulting Services Ag reemenf - p~9 11. OMPLETE AGREEMENT• MODIFICATIONS: The parties agree that this Agreement embodies the entire agreement between them and that it contains no inducements, promises, representations or statements made by either party, or by any agent of either party, which are not contained herein. Modifications to this Agreement may only be made if the same are mutually agreed upon between the parties, and any and all such modifications shall be in writing and incorporated into this Agreement. IN WITNESS WHEREOF, the Board and the Consultant have executed this Agreement on the date first above written. JEFFERSON COUNTY, MONTANA, acting by and through its duly authorized Board of County Commissioners By: Chairman (SEAL) ATTEST: Clerk and Recorder ATTEST: Secretary JEFFERSON COUNTY PLANNING BOARD t President/Chairman CONSULTANT Consulting Services Agreement - p.9 11. COMPLETE AGREEMENT- MODIFICATIONS: The parties agree that this Agreement embodies the entire agreement between them and that it contains no inducements, promises, representations or statements made by either party, or by any agent of either party, which are not contained herein. Modifications to this Agreement may only be made i£ the same are mutually agreed upon between the parties, and any and all such modifications shall be in writing and incorporated into this Agreement. IN WITNESS WHEREOF, the Board and the Consultant have executed this Agreement on the date first above written. JEFFERSON COUNTY, MONTANA, acting by and through 'ts duly authorized Board of County om~issio rs By : ~~ Chairman (SEAL) ATTEST: -) - ~ Y ;w ,~~ .t i .V~JLwY ~l_ l Clerk and Recorder JEF~ERSON COUNTY PLANNING BOARD By: Presi e t/Chairnan ATTEST: Sec etary CONSULTANT ~~ ~J ' _ DAVID M. BISHOP