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Home My WebLink AboutR-1994-042 Small Business Administration Loan Program• • • RESOLUTION NO. R-94- 42 A RESOLUTION authorizing the execution of a professional services agreement with Bill Chandler WHEREAS, the City of Yakima desires to submit a grant application for Small Business Administration Loan Program, and WHEREAS, the City does not have staffing levels or specialized expertise to prepare the grant application and conduct the necessary support activities towards Small Business Administration Loan Program, and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Bill Chandler to utilize their expertise in accordance with the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement" with Bill Chandler for the purpose of submitting a Small Business Administration Loan Program grant application. ADOPTED BY THE CITY COUNCIL this12thday of April , 1994 ATTEST l'ech.e..,"_, 2 .es--6-e..h . c-w,C-- City Clerk (la)res/chandler rp stant Mayor • • 1 QTTY OF YAKIMA Professiomaal Services Agreement _April 12,1994 THIS AGREEMENT made aand entered into this 12th day of April, 1994, between the City of Yakima, polthccal subdivision of the State of Washington (hereinafter referred to as "CLIEh ; '7"), Bill Chandler (hereinafter referred to as "CONSULTANT") WITNESSETI j WHEREAS, it is necessary tao obtain qualified professional services for the purpose of application to the U S. Small Business Administration, and CLIENT has determined to utilize the services cof CONSULTANT to accomplish such work, and WHEREAS, it is the intent cof the parties hereto that such consulting services shall be in conformity with all appniicable State and local laws and appropriate for the intended purpose; and WHEREAS, CONSULTANTT T has represented to CLIENT that is fully qualified and willing to provide the consultinng services, and WHEREAS, the preparation of such consulting services is in the public interest and utilization of the speciaal services of the CONSULTANT is necessary' in order that such services be completned at the earliest possible date; NOW, THEREFORE, IT IS I EREBY AGREED by and between CLIENT and CONSULTANT as follows: 1 The services to be provideed under the terms of the agreement shall be as specified in Exhibit "A" and by his reference incorporated herein. Modifications to the scope of services described in a.x. habit "A" may be made administratively if set forth in writing and signed by eachn party's duly authorized representative; provided, however, that any modification whihich either increases the cost to CLIENT of CONSULTANTS performance undder this Agreement or alters the purpose of the Agreement may be made only withn prior written approval of CLIENT. 2. CLIENT shall, as it deems s necessary, furnish all data available in its offices, provide adequate staff participationn, provide all studies, plans, and documents related to the proposed project, annd cooperate with CONSULTANT in order to facilitate its expeditious accomplishhment of the work. 1 3. Time is of the essence Consultant agrees to commence work on the project within ten (10) days following the execution of this Agreement and diligently to continue it to completion in accordance with the schedule set out in Exhibit "A" 4. CONSULTANT agrees to provide oral presentations to CLIENT and at any public meetings and/or hearings and shall adequately explain any or all aspects of the work performed under this Agreement. CLIENT agrees to notify CONSULTANT of the time and place of said oral presentations at least ten (10) days prior to the date of said presentation. 5. CONSULTANT will meet regularly, as needs dictate or as deemed necessary by CLIENTS principal representative in order to facilitate coordination and to carry out the work program. 6. For satisfactorily furnishing services specified herein, CLIENT agrees to pay CONSULTANT a sum not to exceed three thousand dollars ($3,000). Payment shall be made upon presentation of a completed application to the U S. Small Business Administration and invoice received by the City of Yakima. 7 TERM. CONSULTANT shall commence work immediately, April 12, 1994, and shall complete all services as described by April 30, 1994, when this professional services agreement shall terminate. 8. CONSULTANT hereby agrees that Bill Chandler is authorized to act for CONSULTANT in all matters pertaining to this application. CLIENT hereby agrees that Richard Zais Jr is authorized to act, in person or through his designee, as representative for CLIENT in all matters pertaining to this application. It is understood and agreed by CONSULTANT and CLIENT that the authorized representatives may be changed by giving at least five (5) days prior notice in writing to the other party, naming the new authorized representative, subject, however, to the acceptance by CLIENT of CONSULTANTS authorized representative. 9 All exhibits, data, and other work and materials prepared pursuant to this Agreement are, and shall remain, the property of CLIENT to be used by CLIENT as may be required. 10. In the performance of services pursuant to the provisions of this Agreement, CONSULTANT is acting as an independent contractor and not as an officer, employee, or agent of CLIENT CONSULTANT has no authority to nor shall consultant represent that it has authorization to bind the City in any manor. 2 • • 11 CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of CLIENT, provided, however, that claims for money due or to CONSULTANT from CLIENT under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CLIENT 12. CONSULTANT represents that it does not now have any interest and shall hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement, CONSULTANT further convenants that in the performance of this Agreement, no person having any such interest shall be employed. 13. In connection with the performance of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or natural origin. Such actions shall include, but not be limited to, the following: upgrading, demotion, or transfer; recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship CONSULTANT shall require any subcontractor to comply with this provision. 14. CONSULTANT shall indemnify and hold harmless CLIENT and its officers and employees from any and all claims, damages, or losses occurring or resulting to any persons, firms, or corporations who may suffer bodily injury or physical damage as a direct result of CONSULTANT'S or its subconsultants or agents negligent performance of this Agreement during the performance of work tasks by CONSULTANT 15 CLIENT may, without cause, terminate this agreement by giving ten (10) days written notice. If the Agreement is so terminated, CLIENT shall be obligated to pay CONSULTANT, pursuant to this Agreement, the value of the services performed by CONSULTANT up to the date such notice is given by CLIENT. CONSULTANT may for good cause terminate this Agreement by giving ten (10) days written notice. This agreement represents the complete understanding between the parties with respect to matters set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above. • APPROVED AS TO CONTENT: CITY OF YAKIMA B �r�► \ Y= n City Manager Attest City Clerk Date: April 18, 1994 APPROVED AS TO FORM: By. City Contract No 94-24 Resolution No R-94-42 • • BILL CHANDLER �—> j- ar ,✓ By. Principal -In -Charge Social Security Number Date: L( - �� • • EXHIBIT "A" SCOPE OF WORIK. CONSULTANT _agrees to perform the following services: A. P: eeoare a complete grant application for the Small Business Administration, Announcement number OFA -94-0002, Technical Asssista.nce. B Apprlication to be submitted prior to deadline date (April 30, 1994). TERM* CONSCULTANT shall commence work immediately, April 12, 1994, and shall compnlete all services as described by April 30, 1994, when this professional serrvice agreement shall terminate. 1