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CCR1979219RESOLUTION #!219-79 AUTHORIZING UPDATING OF COMPREHENSIVE PARK PLAN c -8.4 WHEREAS, the city has been advised by the Park and Recreation Board that in order to be eligible for LAWCON or ORAP Funding the city's comprehensive park plan must be updated, and WHEREAS, the Park Board has recommended that Schrieber & Associates be authorized to do the necessary updating at a cost not to exceed $4,300.00, THEREFORE,. BE .IT RESOLVED.that the Corninon Council of the City of Muskego, upon the.recommendation of .the Park,and Recreation Board does hereby approve of a- contract^ with-Schreiber & Associates which.would provide for updating the. city's comprehensive.. park plan at a cost-not to exceed $4,300.00. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the document in the name of the city subject to the approval of the city attorney. DATED THIS 27 DAY OF , 1979. ATTEST City Clerk 11/79 jh AGREEMENT COMPREHENSIVE PARK STUDY e This4greement. entered into this - day of and between the CITY OF MUSKEGO. WISCONSIN (hereinafter called the "Aunicipality"), and David Schreiber E Associates (hereinafter called the "Consultant") I .,' , 1979; by WITNESSETH: / WHEREAS, the Municipality desires to engage the services of a professional Consultant to prepare a comprehensive park and open space study to guide with the attached work plan, and; future public recreation developments in the Municipality all in accordance YliEREAS, the Consultant has a professional staff qualified to undertake such resource studies and interpretations; NOW, THEREFORE. in consideration of these premises and of their mutual and dependant promises and agreements, the parties hereto contract and agree as follows: - 1. 2. 3. 4. - Employment of Consultant. The Municipality hereby agrees to enqaqe the Consultant, and the Consultant hereby agrees to peFform the services as hereinafter set forth in the attached titled Work Plan, Comprehensive Park Study, which services Municipality for participation in the Land and Water Conser- shall fulfill the requirements necessary to qualify the vation Fund Act and the Outdoor Recreation Action Program. Report. The Consultant shall provide 20 copies of the final report. Assistance from the Municipality. The Municipality agrees to supply all such data and assistance, reasonably available to the'Mkicipality. which will assist the Consultant in the pre- paration of the study. Such assistance shall include furnishing copies of zoning regulations, land use maps. city base map suitable for inclusion in the report and air photo of the City. Personnel. . A. The Consultant represents that he has all the personnel and ment. It is distinctly understood that his personnel shall euipment required to perform the services under this agree- in no manner be considered employees of the Municipality nor shall they have any contractual relationships with the Municipality. e D. D I B. All of the services required hereunder will be performed by the Consultant or under supervision of his personnel. C. None of the ,work or services covered by this agreement shall be subcontracted. 5. Meetings. Four meetings are included as part of this proposal. ' Such meetings shall be for purposes of the Park Board and/or comnunity review of the Comprehensive Recreation Plan and the Consultant's review of the comnunity's existing park and open space facilities. Additional meetings shall be arranged and paid for by mutual agreement between the Municipality and the Consultant. 6. Time of Performance. The study shall begin upon the Consultant shall diligently work on the study, making the necessary reviews receiving one signed copy of this agreement. The Consultant with city government to effect a completion date of approximately July 1, 1980. 7. Total Cost of- Services and Reimbursement Thereof. The Consultant shall work on~.aL-hour-lv--basis Dlus exDenses to a maximum of FOUR TIIOUSAND, THREE IlUNDREb ($4,3OO.OO)'DOLLARS. The Municipality shall reimburse the Consultant monthly fran vouchers issued by the Consultant. The amount shall reflect the time and expense expended for that period. 8. Changes. The Municipality may, from time to time. request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation which are mutually agreed upon by and between the Municipality and the Consultant, shall be incorporated in written amendments to this agreement. - 9. Nondiscrimination. There shall be no discrimination against any employee who is employed in the work covered by this contract or against any applicant for such employment, because of sex, race, religion, color, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay of other forms of ccmpensa- tion; and selection for training. 10. Interest of Municipal Officials and Others. No officer, member or emDlovee of the Municioalitv or Dublic official who exercises any function or responsibilities in'the review~of approval of the undertaking or carrying out of this project, shall participate in any decision relating to this agreement which affects his personal interests or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested; - nor shall any such officer, member or employee of the Municipality or other public official of a governmental unit within the Munici- palicy, have any interest, direct or indirect, in the agreement or the proceeds thereof. 11. 12. 13. Assignability. The Consultant shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment of novation), without the prior written consent of the Municipality thereto; provided, however, that claims for money due th.e Consultant from the Muncipality, under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such Municipality. assignment or transfer shall be furnished promptly to the Interest of Consultant. No employee of the Consultant presently has any interest or shall acquire any interest, direct or in- direct, which would conflict in any manner or degree with the performance of any services he may be required to perform herein. Copyright.. No reports, maps or other^ documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Consultant or of the Municipality. CITY OF MUSKEG0 BY Attesting Witness Title Date BY Attesting Witness \ -. a ca e:: W um IDm VIVI rt 0 U 0 m a U VI W n ID VI