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1989 TOM WING CONSULTING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this ~~-day of ~-~~~ , 1989, between the JEFFERSON COUNTY PLANNING BOARD, an agency of local government of Jefferson County, Montana, hereinafter referred to as the "Board," and TOM WING, of P.O. Box 5624, Helena, Montana 59601, hereinafter referred to as the "Consultant'; W I T N E S S E T H: WHEREAS, the Board is an agency of government which is responsible for land use planning, subdivision review, 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, is willing to provide the same to the Board, and has been doing so in recent months; and, WHEREAS, the parties intend by this Agreement to formalize their arrangement in regard to the provision of such services; NOW, THEREFORE, the parties mutually agree as follows: 1. GENERAL DESCRIPTIOPd OF SERVICES: The Consultant agrees that he shall, upon request by the Board and/or its Chairman/President: (a) Provide planning assistance to the Board, pursuant to Montana law and the Jefferson County Subdivision Regulations, in regard to proposed subdivisions to be located in Jefferson County. (b) Provide planning assistance in regard to other planning projects with which the Board may from time to time be involved. 1 2. SCOPE OF WORK: The general services, which may be required of the Consultant hereunder, shall include: (a) Pre-application consultations with subdivision applicants; (b) Review of preliminary plats and supplemental documents for completeness and suitability for Board review; (c) Preparation and presentation of staff reports on subdivision proposals including: (i) Site visits; (ii) Discussions with applicants, officials, and members of the public; (iii) Identification of problems and potential problems; (iv) Preparation of staff reports, including proposed conditions for approval as may appear appropriate; (v) Attendance at Board hearings, meetings and/or work sessions in regard to proposed subdivisions and presentation of staff reports in regard to the same; (vi) Upon request of the Board of County Commissioners, attendance at hearings, meetings and/or work sessions with the County Commissioners to discuss proposed subdivisions; (d) 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 and the Jefferson County Subdivision Regulations; (e) Conduct other specific projects as requested and directed by the Board. 3. COMPENSATION OF CONSULTANT: The Board shall compensate the Consultant, for any and all services rendered hereunder, at the rate of $25.00 for each hour of such services, with fractions 2 of each hour to be prorated and billed accordingly. The Board shall reimburse Consultant at his actual cost for any long distance telephone and postage expenses incurred in regard to his provision of services hereunder. In addition, the Board shall reimburse Consultant for his direct, overhead expenses, as follows: (a) Typing services -- $12.50 per hour; (b) Ground transportation -- $.24 per mile (subject to possible renegotiation as specified in Paragraph 10 hereof); (c) Photocopying -- $.15 per copy; (d) Blue line copying -- $.30 per square foot. Provided, however, that the total amount of compensation to be paid Consultant, for planning assistance rendered during any single fiscal year during the term of this Agreement, shall not exceed the sum of $10,000.00. Consultant agrees that such total compensation shall constitute the maximum to which he is entitled for such services rendered during any single fiscal year. Consultant shall bill Board for all such services rendered and 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 within thirty (30) days thereafter. 4. ASSISTANCE BY BOARD: In order to assist the Consultant with his provision of services hereunder, the Board shall: (a) Provide notification to the Consultant of subdivision applications within ten (10) days of Board meetings; 3 (b) In regard to planning or subdivision related questions asked of the Board or its members, direct the same to the Consultant; (c) Provide Consultant copies of Board documents pertaining to Board actions (including minutes of meetings, informal communications, and policy revisions, as the same may relate 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 regarding planning matters. (e) Provide Consultant with copies of documents pertaining to actions taken by the Board of County Commissioners in regard to planning and subdivision matters. 5. INDEPENDANT CONTRACTOR STATUS: The parties agree that the Consultant is a registered engineer and planning consultant, who conducts a full-time private business in such capacities as an independant professional. The parties therefore expressly agree that their relationship is one of consultant and client on a case-by-case basis. They further expressly agree that Consultant is, for all purposes under the law, an independant contractor and that Board shall have no power of direction or control over Consultant's day-to-day provision of services hereunder. 6. COMPLIANCE WITH STATE AND FEDERAL LAWS: Consultant expressly acknowledges and agrees that the Board is an agency of local government and is 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 4 provisions, some or all of which are or may be applicable also to private contractors with the Board. 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. 7. EFFECTIVE DATE AND TERM: The parties agree that Consultant has been providing the above-described services to the Board from and after ~-A/11L IST~"-', 1989. Therefore, the parties agree that this Agreement shall be effective at all times on and after said date and that Consultant shall be compensated for all services rendered, and shall be reimbursed for all costs incurred, on and after said date in the manner hereinabove provided. This Agreement shall remain in effect through June 30, 1990. The parties agree that this Agreement may be hereafter 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. 8. ASSIGNMENT: Consultant agrees that this Agreement is personal to him and that he shall perform all services hereunder. 5 . 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 Board. 9. OWNERSHIP OF DOCUMENTS AND ~4ATERIALS: In the event of termination of this Agreement, or upon expiration of the same, all finished and/or unfinished documents, data, studies and reports, prepared by Consultant hereunder, shall be retained by the Board. All rights and/or copyrights, to any materials or reports generated under this Agreement, shall be and remain the exclusive property of the Board. 10. 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 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 this regard, the parties expressly agree that, after expiration of the first six (6) months' experience hereunder, and if the Consultant requests the same, they shall attempt to renegotiate the above provisions regarding the payment of mileage to the Consultant (established hereunder at $.24 per mile) depending upon Consultant's experience in regard to the provision of services hereunder. IN WITNESS WHEREOF, the Board and the Consultant have executed 6 this Agreement on the date first above written. JEFFERSON COUNTY PLANNING BOARD BY: ~ Dr--~~ Pre~id nt/Chairman ATTEST: ~ ( ~ Secretary CONSULTANT To Wing ~ 7