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HomeMy WebLinkAboutGround Rules, Inc.Agreement Between the City of Jeffersonville and Ground Rules, Inc. for Zoning Ordinance and Subdivision Control Ordinance Update Services Agreement prepared as of the Fifteenth (15th) day of August, Two Thousand Seven (2007), between the Owner: City of Jeffersonville Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 and the Consultant: Ground Rules, Inc. 1455 W. Oak Street, Suite C Zionsville, IN 46077 Project: The Consultant is to prepare an update to the City's Zoning Ordinance and Subdivision Control Ordinance based on the goals of the Owner's new Comprehensive Plan, existing known flaws by the Owner's staff, and the desire to merge the Zoning and Subdivision Control regulations into a Unified Development Ordinance. Jeffersonville Contract 2007_08_15.doc 1 8/15/2007 Terms and Conditions of Agreement between Owner and Consultant ARTICLE 1 CONSULTANT'S RESPONSIBILITIES 1.1 The Consultant's services consist of those services performed by the Consultant's employees as enumerated in this Agreement. 1.2 The Consultant shall perform the Scope of Services as expeditiously as is consistent with professional skill and care, and orderly progress of the work. 1.3 The Consultant shall prepare an update to the Zoning Ordinance and Subdivision Control Ordinance for the City, and concurrently merge the two documents into a Unified Development Ordinance. 1.4 Written notice shall be given by Consultant to the Owner, if it becomes aware of any fault or defect in the Project or nonconformance with the Agreement. ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The Owner shall furnish all previously completed and related studies, plans, data, and information available as it pertain to this Project. Further, maps which relate to information collection or which are necessary for the orderly and expeditious completion of this Project shall be provided to the Consultant. These items shall all be provided to the Consultant at no cost. 2.2 The Owner shall assign a single representative authorized to communicate and make decisions on the Owner's behalf with respect to the Project. This person shall be Mr. Chester Hicks. 2.3 The Owner representative shall render decisions in a timely manner pertaining to material submitted by the Consultant in order to avoid unreasonable delay in the orderly sequential progress of the Consultant's services. 2.4 The Owner and all its representatives shall be prepared for meetings or events, and relay necessary information and guidance to the Consultant in a reasonable amount of time prior to meetings or events in order to avoid work load imbalances or scheduling conflicts for the Consultant. 2.5 The Owner shall provide its own legal review of the final product(s) of the Project prior to adoption and make any findings of necessary changes known to the Consultant in writing. 2.6 The Owner shall be responsible for advertising meetings, both internally and to the public as necessary. Further, the Owner shall pay for the cost of newspaper advertisements announcing public meetings, including legal advertisements. 2.7 The Owner shall provide and arrange for meeting space for periodic meetings with the staff, steering committee, interest groups, and public at no cost to the Consultant. 2.8 Prompt written notice shall be given by the Owner to the Consultant if it becomes aware of any fault or defect in the Project or nonconformance with the Agreement. 2.9 The Owner shall also be responsible for distribution of the draft documents~to each steering committee, BZA member, City Council member, City staff, or Plan Commission member as necessary once the Consultant delivers multiple copies to the Owner. 2.10 The Owner shall be responsible for digitizing or editing the electronic zoning maps in the event zoning districts or district boundaries change during the update process. Jeffersonville Contract 2007_08_15.doc 2 8/15/2007 2.11 The Owner shall assemble a Steering Committee made up of City leaders and/or other technically capable individuals, and shall not exceed nine (9) persons. Additionally, the Steering Committees members shall be selected based on their ability to be able to meet during business hours (between 7:OOam and 5:30pm Monday through Friday). ARTICLE 3 COMPREHENSIVE PLAN SCOPE OF SERVICES 3.1 General Provisions. A) The study area shall be Jeffersonville's planning jurisdiction as of the date the Agreement is executed, or that is currently in process of being annexed. B) The Consultant and Owner will together coordinate interviews, workshops, public meetings, and open houses, including choosing dates and locations. C) The Consultant will take notes at each steering committee, interest group, individual and public meeting/interviews, but also requests that an Owner representative be present so they too can take notes independently. D) The Consultant and Owner will together strategize the best methods for promoting public and interest group input. E) The official start date for this Agreement will be the first meeting between the Consultant and Owner, after the contract is executed. F) All staff and Steering Committee meetings shall be held during business hours. 3.2 Information GatheringlProject Planning: A) The Consultant shall collect and review plan amendments, ordinance amendments, demographics, new studies, new plans, and current maps related to and influencing the revision of the Zoning and Subdivision Control Ordinance. 3.3 Preliminary Meetings: A) The Consultant shall hold one (1) meeting with key City staff/leaders to review, section-by-section, the existing zoning and subdivision control ordinance. This session will be used to also understand past experiences where the ordinances have not functioned as the City expected. The primary goal is to seek input on how the Zoning and Subdivision Control Ordinance needs to be revised to meet the City's expectations. 3.4 Interest Group Input: A) The Consultant and Owner shall prepare and mail invitations for interest group; and prepare and coordinate public announcements and press releases to promote public input. B) Facilitate one (1) session with interest groups to learn current issues and needs, and to understand their perspectives on growth and development in Jeffersonville. The interest groups may include builders, developers, realtors, and similar professions. C) On the same day as the interest group meetings, the Consultant can add a meeting to seek input from City leaders that have not had opportunity to share their thoughts. 3.5 Review and Revise the Zoning and Subdivision Control Ordinance: A) The Consultant will conduct a full technical review of the ordinances in order to discover consistency, cross reference, terminology, and layout improvements that can be made. The Consultant will make those improvements as necessary. B) The Consultant will determine if changes to the State Statutes or case law over the last seven years necessitates any modification to the City's ordinances. C) The Consultant will introduce new regulations for consideration (based on national and regional trends, current best practices, and the "green" movement) and will add said regulations to the City's ordinances as guided by the City leadership. Jeffersonville Contract 2007_08_15.doc 3 8/15/2007 D) The Consultant will introduce our current strategy for regulating subdivisions including illustrations to support that section. If the City leadership wishes to incorporate those strategies, the Consultant will integrate them into the ordinance. E) The Consultant will introduce new illustrations to further refine the user-friendliness of the regulations. F) Specific amendments shall include: 1. Clarify grandfathering (legal non-conformance uses and/or structure) 2. Graphically design flowchart of development review/permit process 3. Update and format zoning amendments that have passed since 2001 Zoning Ordinance, including a new Agricultural Zoning District. 4. Clarify and amend development standards, permitted uses, and performance standards, including as they pertain to Agricultural Zoning District. 5. Clarify planned unit development review process as it pertains to plat review 6. Planning district design standards. 3.6 Merge the Zoning and Subdivision Control Ordinance into a Unified Development Ordinance: A) The Consultant will merge the Zoning Ordinance and Subdivision Control Ordinance together to gain advantages from this document design. Generally, a UDO provides benefits by being shorter in length, being easier to amend, and eliminating cross references to the companion ordinance.. 3.7 Process: A) The Consultant shall conduct the input meetings as described in 3.2 and 3.4 above. B) Based on the advice from City staff and City leaders input, the Consultant will prepare a first full draft of the Unified Development Ordinance. This draft will include all aspects of Section 3.5 above. C) The first full draft will be offered to the City staff for preliminary review prior to the first meeting. D) The Consultant will present the first full draft and the primary content advancements to the City staff and steering committee in one (1) meeting. The Consultant will hear comments and answer question in regard to the first full draft. E) The Consultant will facilitate up to three (3) additional meetings with the City staff and/or steering committee to review all changed sections in the Unified Development Ordinance. F) Based on the input from City staff and steering committee, the Consultant will prepare a second full draft of the Unified Development Ordinance. G) The second full draft will be distributed to City leaders, interest groups, and the Plan Commission for review. The Consultant will present the Unified Development Ordinance and facilitate an input session for each of these groups to provide input and comments, and to ask questions. Based on those sessions, the Consultant will make the necessary changes to the Unified Development Ordinance. H) The third full draft of the Unified Development Ordinance will be published and made available to the public for review and then be scheduled for public hearing with the Plan Commission. )) The Consultant, if requested, will participate in one (1) ofthe Plan Commission's public hearings to facilitate the adoption of the Unified Development Ordinance. J) Upon adoption of the Unified Development Ordinance, the Consultant shall prepare the final documents and deliver them to the City. 3.8 Trips to the Community: A) The Consultant will make up to twelve (12) trips to the City in effort to complete the scope of services and process outlined above. Jeffersonville Contract 2007_08_15.doc 4 8/15/2007 ARTICLE 4 UNIFIED DEVELOPMENT ORDINANCE DELIVERABLES 4.1 Deliverables upon Completion of the Project: A) Three (3) color copies of the final Unified Development Ordinance. B) One (1) copy of the final Unified Development Ordinance, on CD Rom in Adobe Acrobat format for distribution. The Consultant will provide a quote for additional copies of each product at the conclusion of the project. The quote will be based on the- actual cost of reproduction. ARTICLE 5 MEDIATION 5.1 If a dispute arises out of or relating to this Agreement, or the breach thereof, and if the said dispute cannot be settled through direct discussions, the parties agree as a first endeavor to settle the dispute in an amicable manner by mediation through a mutually agreed upon service or party acceptable to each before having recourse to arbitration or a judicial forum. ARTICLE 6 TERMINATION, SUSPENSION OR ABANDONMENT 6.1 This Agreement may be terminated by either party upon not less than a seven (7) day written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 6.2 The Agreement may be terminated by;the Owner upon not less than a seven (7) day written notice to the Consultant in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 60 consecutive days, the Consultant may terminate this Agreement by giving written notice. The Owner or Consultant shall have the right to cure within ten (10) business days by written notice from the date of receipt of termination notice. 6.3 Failure of the Owner to make payments to the Consultant in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 6.4 If the Owner fails to make payment when due the Consultant for services and/or expenses, the Consultant may, after invoice is due and upon written notice to the Owner, suspend performance of services in this Agreement. Unless payment in full is received by the Consultant within fifteen (15) days from date of notice, the suspension shall take effect without further notice. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 The Owner and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to covenants of this Agreement. Neither Owner nor Consultant shall assign this Agreement without the written consent of the other. 7.2 This Agreement represents the entire and integrated agreement between the Owner and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. Jeffersonville Contract 2007_08_15.doc 5 8/15/2007 ARTICLE 8 PAYMENT TO THE CONSULTANT 8.1 Zoning Ordinance and Subdivision Control Ordinance Update and Conversion to UDO: A) In consideration of the Scope of Services and Schedule for professional services, the Consultant agrees to complete the work for forty thousand dollars and zero cents ($40,000). B) Reimbursable expenses related to the completion of the Scope of Services shall be invoiced at cost. Reimbursable expenses may include mileage (at the federally published rate), printing, copying, photography, phone, fax, postage, package shipping, and the like. Final deliverables are considered reimbursable expenses. The total amount of reimbursable expenses shall not exceed two thousand seven hundred dollars and zero cents ($2,700). 8.2 Optional Services for New or Removed Districts: A) If the Owner wishes to add new or delete existing zoning districts, beyond the agricultural district mentioned in 3.5(F) the fee of $1,500 will be required due to the excessive work involved in such a major, document-wide change. B) There would be no additional reimbursable expenses related to the completion of this task. 8.3 Additional Services (when mutually agreed in writing): A) Any additional services beyond the identified Scope of Services, which the Owner requests of the Consultant, shall be invoiced at the hourly rate of: - one hundred seventy dollars ($160.00). per hour for a land use attorney; - one hundred twenty dollars ($120.00) per hour for a senior planner; and - eighty-five dollars ($85.00) per hour for a staff planner. The hourly rates listed above are increased by 15% for evening meetings held between 5:30 p.m. and 12:00 midnight. The Consultant's staff will not participate in meetings or project scope of services between 12:00 midnight and 6:00 am. No additional services will be incurred or invoiced without written (letter or a-mail) notice to proceed by the Owner. B) Reimbursable expenses may include printing, copying, telephone calls, faxes, shipping, mileage, and other costs consistent with providing the services. Mileage will be charged at the federally published rate: All other reimbursable expenses in conjunction with additional services shall be invoiced at cost plus ten percent (10%). C) Hourly rates for additional services may increase by up to 5% after 12 months from the official start date of the process. 8.4 Monthly invoices will be submitted and shall be based on the percent of the Project completed during the prior month. Payment is due upon receipt and to be paid within a time consistent with normal payables processed by the City. The Consultant's billing cycle is from the 21St of each month through the 20~` of the following month. 8.5 If the project is abandoned, in part or in whole, payment will be due upon presentation of the final accounting of services based on hours of service rendered and reimbursable expenses incurred since the last paid invoice to the date of such action. 8.6 If the Owner changes its Project Representative or other critical staff which results in notable additional time or expense to the Consultant (e.g. shift in capabilities, interests, knowledge, or experience), these additional costs shall be quantified by the Consultant and Owner, and fair lump sum fee added to the contract amount. Jeffersonville Contract 2007_08_15.doc 6 8/15/2007 9.1 Owner City of Jeffersonville, Indiana MavorBo.~ of Public Works: Attested: Signature. Si u ~ L ~ ~ ~- y Printed or Typed N e and Title -T Printed or Typed Name and rtle /~1 ~ ~ /I 1 a ~~„~t7l~l y1 ~~tr ~~ /15 Printed or Typed Name and Title Signature Printed or Typed Name and Title Consultant Ground Rules, Inc. Brady. Ji~on, AICP President Date of Execution Date Jeffersonville Contract 2007_08_15.doc ARTICLE 9 EXECUTION OF AGREEMENT The following signatures authorize that both parties have entered into this Agreement for Zoning and Subdivision Control Ordinance Services as of the day and year written below. 7 8/15/2007