CCR2002174COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #174-2002
RESOLUTION TO APPROVE FINANCING AND EXECUTION OF
AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
VANDEWALLE & ASSOCIATES
FOR AN ECONOMIC DEVELOPMENT STRATEGIC PLAN
WHEREAS, The City of Muskego desires to contract with Vandewalle & Associates to
prepare a sustainable economic development strategic plan; and
WHEREAS, The Finance Committee has reviewed the attached Agreement and has
recommended approval subject to review of available funds in 2002 to commence work
on the plan and to the commitment of funds in 2003 budget for the remainder of the
agreement.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Agreement between the City of Muskego and Vandewalle & Associates subject to
review and approval of the City Attorney.
BE IT FURTHER RESOLVED That the funds needed for Vandewalle & Associates to
begin work on the plan in 2002 will be determined by the Finance Director and Plan
Director with work not to exceed the available 2002 funds.
BE IT FURTHER RESOLVED That the remaining funds needed for the agreement will
be budgeted for and approved in the 2003 budget.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
0
DATED THIS 27th DAY OF Auqust ,2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #174-2002 which
was adopted by the Common Council of the City of Muskego.
812002jrnb
Memo
To: Finance Committee
From Dustin Wolff
Cc: Brian Turk, Sean McMullen, Project File
Date: August 16,2002
Re: Economic Development Strategic Plan
Please find attached the contract between Vandewalle and Associates and the City regarding the
deliverable to be provided, the schedule for completion, and the associates costs and fees. The
Economic Development Strategic Plan. The contract outlines the scope of work to be performed. the
contract has met with City Attorney Moltet's review and approval.
The Planning Department is recommending approval and execution of the contract. If you have
any questions please contact the Planning Department at (262) 679-4136.
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August 3,2002
Agreement for Economic Development Plan
THIS AGREEMENT is made and entered into by and between the “Client” City of
Muskego, Wisconsin, and Brian Vandewalle d/b/a V.+NDEWALLE & ASSOCMTES, a sole
proprietor, Madson, Wisconsin, a professional planning and design fm. For purposes of
this Agreement, the “Project” is defined as preparation of a Sustainable Economic
Development Strategic Plan.
Article I Scope of Work
A. V.WDEW.ILLE & ASSOCIATES agrees to provide the following “Services”.
I. Project Kick-off Meeting and Project Management
a. Participate in one introductory work session with the committee
b. Hold twelve monthly project update meetings before the Mayor’s
task force on economic development and up to six additional project
meetings with the project committee
2. Preparation of an Environment and Market Analysis
a. Perform a market analysis to evaluate demand
b. Prepare an analysis of demand for property types to include:
1) Economic Growth: prepare a summary data spreadsheet,
statistical summary and charts, custom maps, and summary
report; formatted for Internet presentation
2) Good-quality Property: prepare a summary data spreadsheet,
statistical summary and charts, custom maps, and summary
report; formatted for Internet presentation
3) Good Location: prepare a summary data spreadsheet, statistical
summary and charts, custom maps, and summary report;
formatted for Internet presentation
Vandewalle & Associates
I20 Earl Lakeride Slreel Madiron, Wirranrin 51715
608 255-3988 * 608 2550814 Fax * va@vandewaIle.com
Planning * Creating Rebuilding
~
VANDEWALLE & ASSOCL+TES City of Muskego / Economic Deuelopmenf Plan
August 9,2002 2
4) Competitive Price: prepare a summary data spreadsheet, statistical
summary and charts, custom maps, generalized residual model,
and summary report; formatted for Internet presentation
5) Cost Alternatives: prepare a summary data spreadsheet, staastical
summary and charts, custom maps, generalized front door/hack
door model, and summary report; formatted for Internet
presentation
c. Inventory the Current Supply
1) Identitication of location and class of ptopeq
2) Survey of vacancies
3) Survey of competing properties and market rents
3. Background Research and Public Involvement
a. Conduct background research
h. Develop and conduct one three-hour community forum and prepare
memorandum summarizing the results
c. Hold up to five focus groups and ten personal interviews and prepare
memorandum summarizing in detail the general themes
d. Assist local staff in preparing and mailing invitations and scheduling
meedngs
4. Evaluation and Recommendation for Development of Additional
Business Parks
a. Evaluate and formulate recommendations for the development of
additional business parks: type, location, costs, amenities, incentive
programs
b. Prepare memorandum detahg preliminary recommendations and
present the recommendations to the committee
c. Present final recommendations to the Common Council,
accompanied by the written and digital tiles
5. Evaluation and Recommendation for Development of Commercial,
Professional, and Retail Areas
VANDEWALLE & Associ.+Es City of Muskego / Economic Deuelopmenf Plan
August 9,2002 3
a. Evaluate and formulate recommendations for the development of
additional commercial, professional and retail areas: type, locations,
costs, amenities, incentive programs
b. Prepare memorandum detading preliminary recommendations and
present the recommendations to the committee
c. Present final recommendations to the Common Council,
accompanied by the written and digital files
6. Evaluation and Recommendation for and Economic Development
Support Structure
a. Summary of needed zoning or subdivision ordinance amendments
b. Recommendations on City staffing assignments, business assistance
programs, and business recruitment strategies
c. Identify the appropriate project implementation strategy by project
We
d. Prepare memorandum summarizing preliminary implementation
recommendations and present the recommendations to the
committee
e. Present final recommendations to the Common Council
f. Prepare memorandum summarizing the tools, programming, and
cost of developing a web-based real estate system
g. Present preliminary recommendations to the project committee
h. Present the ha1 recommendations to Common Council,
accompanied by the written and digital files
i. Develop a Marketing Web-site
7, Development of Sustainable Development Guidelines
a. Develop recommendations for Integrating Economic Development
Opportunities with Existing Conservation Plan
b. Prepare memorandum summarizing preliminary recommendations
and present to the project committee
c. Prepare general guidelines for public and private development sites
1 VANDEW.ILLE & ASSOCLITES City of Muskego / Economic Development Plan
August 3,2002 4
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d. Prepare draft design guidelines and perspective and cross-section
illustrations, and present to the project committee
e. Prepare for and conduct one public open house meeting, including
preparation of presentation boards and draft plan
f. Local staff will be responsible for notifying the public of the open
house, duplication and distribution of draft document copies and
providing refreshments
g. Prepare the final Sustainable Development Guidehes
recommendations and present to Common Council
8. Final Sustainable Economic Development Report
a. Prepare final report and present to Common Council
b. Provide twenty final report documents and one digital copy of aU
project documents
B. Additional Services, beyond those stated in Article I.A., may be provided
through a “Work Order”
C. V.+NDEWALLE & ASSOCI~TES agrees to provide its professional Services in
accordance with generally accepted standards of its profession.
Article I1 Client’s Responsibilities
A. Client agrees to provide VANDEWALLE & ASSOCIATES with all base maps,
blueprints, aerial photos, studies, reports, and ordinances needed to complete
these Services. VANDEW.+LLE & ASSOCIATES may reasonably rely on the
accuracy and completeness of these items. Client agrees to provide these
items and to render decisions in a timely manner so as not to delay the
orderly and sequential progress of V.4NDEW.4L.L.E & ASSOCL~TES Services.
B. The administrative liaison between VANDEW.-\LLE & ASSOCIATES and the
Client will be the Director of Planning.
C. Client agrees that the following individual is approved to authorize
Additional Services via a Work Order:
VANDEWALE & ASSOCIATES City of Muskego / Economic Developmenf Plan
August 9,2002 5
Mark A. Slocomb Mayor
Name Title
D. Client understands that any work product delivered in electronic form under
this Agreement may require Client to use certain third-party hardware and/or
software products. Client shall be solely responsible for obtaining licenses to
use such third-party software. VANDE\V.;ILLE & ASSOCL~TES makes no
warranties or representations as to the quality, capabilities, operations,
performance or suitabdity of any third-party hardware or software including
the ability to integrate with any software currently in use by the Client. Client
acknowledges that the quality, capabilities, operations, performance, and
suitability of any third-party hardware or software lies solely with Client and
the vendor or supplier of that hardware or software.
E. If Client makes any modifications to Deliverables, Client shall either 1)
obtain the prior written consent of V.INDEWALLE & ASSOCL~~S; or 2)
remove V.%NDEWALLE & ASSOCIATES name from the Deliverables. In the
event that Client selects option #2, V.INDE\VALLE & AssOcI.jmS shall not
be liable or othenvise responsible for such modifications or their effect on
the results of the Implementation of the recommendations contained in such
Deliverables.
Artjcle 111 Estimated Schedule
A. Services in this Agreement shall commence from date of execution, and be in
effect a maximum of one year, unless the parties agree otherwise.
B. VANDEW.4LLE & ASSOCLUES shall render its Services as expeditiously as is
consistent with professional skdl and care. During the course of the Project,
anticipated and unanticipated events may impact the Project schedule and
VANDE\V.%LLE & ASOCMTES shall not be responsible for any delays caused
by factors beyond its reasonable control.
VANDEWALLE & ASSOCIATES City of Muskego / Economic Developmenf Phn
August 9,2002 6
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Article 1V Costs and Payment
A. All work will be completed on a time and materials basis with the budget for
the Project set at $156,000. Client acknowledges that significant changes to
the Project schedule, budget or Project’s scope may require Additional
Services for which the parties may (but are not required to) enter into a
separate Work Order (see Article I.B.).
B. VANDEWALLE & ASSOCIATES shall send Client an invoice for Professional
Fees and Reimbursable Expenses, on a percent complete basis, once a
month. Client shall pay V.+NDEWALLE & ASSOCI.+TES the amounts due under
such invoice upon receipt of such invoice. A service charge of 1% per month
may be charged on all amounts more than 30 days after date of invoice.
Article V Termination
A. Either Client or V.INDEWALLE & ASSOCI.+ES may terminate this Agreement
upon seven days written notice.
B. If terminated, Client agrees to pay VANDEWALLE & ASSOCl.+TES for the
percentage of total work completed, for all Services rendered and
Reimbursable Expenses incurred, up to the date of termination.
C. Upon not less than seven days’ written notice, VANDEWALLE & ASSOCIATES
may suspend the performance of its Services if Client fails to pay
VANDEWALLE & ASSOCL~~S in full for Services rendered or Reimbursable
Expenses incurred. VANDEWALLE & ASSOCL~TES shall have no liability
because of such suspension of service or termination due to nonpayment.
Article VI Dispute Resolution
VANDEWALLE & ASSOCI.+TES and Client agree to mediate claims or disputes
arising out of or relating to the Agreement. The mediation shall be conducted
by a mediation senrice acceptable to the parties. A demand for mediation
VANDEWALLE & ASSOCIATES City of Muskego / Economic DeueJopmenl Nan
August 9,2002 7
shall be made within a reasonable time after a claim or dispute arises. In no
event shall any demand for mediation be made after such claim or dispute
would be barred by the applicable law.
Article VI1 Intellectual Property; Confidentiality
A. VANDEWALLE & ASSOCIATES grants to Client a non-transferable,
non-exclusive, perpetual license to use any and all Work Product developed
or produced by VANDEWALLE & ASSOCL~TES pursuant to this Agreement.
As used in this Agreement, ‘Work Product” means all inventions, processes,
data, documents, drawings, records, and works of authorship, whether or not
copyrightable or patentable, that are origmated or prepared by V.+NDEWALLE
& ASSOCLJTES in the course of rendeting the Services under this Agreement.
B. Nothing in this Article shall be interpreted as prohibiting the Client from
sharing interim work products produced by VANDEWALLE & Assocl.jEs
and described in Article I.A. with local officials, the public, the media, and
other interested parties over the period of this Agreement.
Article VI11 Miscellaneous Provisions
A. Wisconsin law governs this Agreement (without regard to its conflict of law
ptinciples or rules of construction concerning the draftsman hereot).
B. This Agreement is the entire and integrated agreement between the Client
and V.+NDEW.ALLE & ASSOCL~TES, and supersedes all prior negotiations,
statements or agreements, either written or oral, with regard to its subject
matter. This Agreement may be amended only by written instrument signed
by both Client and V.4NDEWALLE & ASSOCLATES. Neither party can assign
this Agreement without the other party’s prior written permission.
C. Nohvithstanding any other term in this Agreement, VANDEWALLE &
ASSOCL~TES shall not control or be responsible for another party’s means,
methods, techniques, schedules, sequences or procedures, or for construction
safety or any other related programs.
VANDEWALLE & ASSOCLATES City of Muskego / Erononic Devefopmeni Plan
August 9,2002 8
D. VANDEW'XLE & ASSOCLATE~ reserves the right to include representations of
the Project in its promotional and professional materials.
IN WITNESS WHEREOF, the parties hereto entered into this Agreement as of the latest
date noted, below.
City of Muskego
By:
Signature of Authorized Representative Date
Printed Name Tide
Brim VandewaUe ~/~/~V.+NDEW.+LLE & ASSOCI.+TES, a sole proprietor
-, Id\ oalo?loz
Aria" Vandewalle, Owner Date