HomeMy WebLinkAboutR-1998-045 Agreement / Thomas Wauzynski / Downtown Area Redevelopment committee (DARC)•
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RESOLUTION NO. R-98- 4 5
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute a Professional Services Agreement with Thomas
Wauzynski for the purpose of providing consultant services to the
Downtown Area Redevelopment Committee.
WHEREAS, the City of Yakima needs a qualified professional to work with the
Downtown Area Redevelopment Committee ("DARC") to provide promotional, image,
and presentation services_regarding the downtown area of the City; and
WHEREAS, Thomas Wauzynski has the experience and expertise necessary to
provide said services and is willing to provide such services in accordance with the
attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to contract with Thomas Wauzynski for said consulting services in accordance
with the terms and conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized
and directed to execute the attached and incorporated Professional Services Agreement
with Thomas Wauzynski for the purpose of providing consulting services to the
Downtown Area Redevelopment Committee.
ADOPTED BY THE CITY COUNCIL this 2 day of /2-1 ,1998.
ATTEST:
City Clerk
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ohn Puccinelli, Mayor
PROFESSIONAL SERVICES AGREEMENT
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UUMMUNITY DEVE OPIViEii
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter the "Agreement")
is made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City"), and Thomas Wauzynski, an individual (hereinafter
"Consultant").
WHEREAS, the City of Yakima needs a qualified professional to work with the
Downtown Area Redevelopment Committee (hereinafter "DARC") and to provide
promotional, image, and presentation services regarding the downtown area of the
City; and
WHEREAS, Thomas Wauzynski has the experience and expertise necessary to
provide said services and is willing to provide such services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Consultant as
follows:
1. Scope of Services.
The Consultant shall provide, to the best of his ability, the following services:
a. Attend all monthly DARC meetings and provide a report to DARC
regarding the progress of all assignments.
b. Recommend and provide to DARC a written plan regarding City
maintenance of the sixteen -block area of the downtown area as
described on the attached and incorporated Exhibit "A".
c. Recommend a process for the development of a landscape plan for
the sixteen -block area of the downtown area as described on the
attached and incorporated Exhibit "A".
d. Recommend to DARC a promotional campaign to encourage
downtown patronage.
e. Prepare and submit monthly reports as required by DARC and the
City.
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f. Assist in the development of a newsletter, membership luncheon,
and other outreach and public relations efforts.
g.
When requested to do so by either the City or DARC, provide oral
presentations at public meetings or hearings regarding any services
performed pursuant to this Agreement. The City or DARC shall
notify Consultant of the time and place of any such presentation at
least ten (10) calendar days in advance of said presentation.
h. Consultant shall meet with representatives of DARC and the City
on a regular basis, as needs dictate, or when requested to do by
either the City or DARC, to discuss, coordinate and carry out
services required under this Agreement.
i. Other services as required by either the City or DARC.
The City shall, as it determines necessary and appropriate, provide the Consultant with
information requested by Consultant in order to facilitate his expeditious
accomplishment of services required under this Agreement.
2. Term. The term of this Agreement shall commence upon execution hereof and
shall terminate at 12:00 p.m., December 31, 1998; unless terminated sooner by either
party in accordance with Section 14.
3. Consideration. The City shall pay the Consultant for services rendered
hereunder at the rate of Ten Dollars ($10.00) per hour. The Consultant shall submit to
the City monthly invoices itemizing all hours worked by date. Upon receipt of said
monthly invoice, the City shall make payment to the Consultant within thirty (30)
calendar days. The Consultant shall maintain adequate time records/logs to
substantiate all amounts itemized on the monthly invoices. The total amount of
compensation paid to the Consultant by the City under this Agreement shall not exceed
Eight Thousand Dollars ($8,000.00) based upon eight hundred hours (800) at the rate of
ten Dollars ($10.00) per hour.
4. Property Rights. All exhibits, data, and other work and materials prepared
pursuant to this Agreement are, and shall remain, the property of the City to be used by
the City as it determines appropriate.
5. Status of Consultant. Consultant and the City understand and expressly agree
that Consultant is an independent contractor in the performance of each and every part
of this Agreement. Consultant shall make no claim of City employment nor shall claim
against the City any related employment benefits, worker's compensation benefits,
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social security benefits, and/ or retirement. benefits. Further, Consultant has no
authority and shall not represent that he has authority to bind the City in any manner.
6. Taxes and Assessments. Consultant shall be solely responsible for paying all
taxes, deductions, and assessments, including but not limited to, federal income tax,
FICA, social security tax, assessments for unemployment and industrial injury, and
other deductions from income which may be required by law or assessed against either
party as a result of this Agreement. In the event the City is assessed a tax or assessment
as a result of this Agreement, Consultant shall pay the same before it becomes due.
7. Nondiscrimination Provision. During the performance of this Agreement,
Consultant shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental
or physical handicap.
8. Compliance with Law. Consultant agrees to perform the services required
under this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise.
9. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and/or its employees.
10. Indemnification. Consultant agrees to hold harmless, indemnify, and defend
the City, its elected officials, officers, employees, and agents from and against any and
all suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees) resulting or allegedly resulting from Consultant's
performance or non-performance of the services required under this Agreement.
11. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of
Consultant shall be engaged upon such work or services except upon written approval
of the City.
12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by Consultant to any other person or
entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Consultant stated herein.
13. Waiver of Breach. A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the
party not in default to avail itself of any subsequent breach thereof. Leniency, delay or
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failure of either party to insist upon strict performance of any agreement, covenant or
condition of this Agreement, or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
14. Termination. The City or the Consultant may terminate this Agreement, with or
without cause, by giving the other party ten (10) calendar day's prior written notice of
termination. In the event of termination, Consultant shall be compensated in
accordance with Section 3 for the services he has provided up through the termination
date.
15. Severability. If any portion of this Agreement is changed per mutual agreement
or any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
16. Integration. This written document constitutes the entire agreement between the
City and Consultant. There are no other oral or written Agreements between the
parties as to the subjects covered herein. No changes or additions to this Agreement
shall be valid or binding upon either party unless such change or addition be in writing
and executed by both parties.
17. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
TO CONSULTANT: Thomas Wauzynski
or to such other addresses as the parties may hereafter designate in writing. Notices
and/ or demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
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CITY OF YAKIMA
THOMAS WAUZYNSKI
By: By:
R. A. Zais, Jr., City Manager Thomas Wauzy
DATE: afri---2-( 9 /
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ATTEST:
City Clerk
City Contract No. 98-43
Resolution No. R-98-45
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DATE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. (0
For Meeting Of: April 7, 1998
ITEM TITLE: Consideration of a Resolution Authorizing a Professional Services
Contract for the Downtown Area Redevelopment Committee.
SUBMITTED BY: Glenn Rice, Assistant City Manager
Bruce Smith, DARC Chairman
CONTACT:
Glenn Rice
Bruce Smith
SUMMARY EXPLANATION:
The Downtown Area Redevelopment Committee, as part of its 1998 budget, has
requested the services of Thomas Wauzynski to provide support to the group in
carrying out its objectives. The tasks of the consultant include, but are not limited
to:
• Recommend agreement for maintenance of DARC area
• Recommend a promotional campaign for DARC
• Develop a newsletter
• Perform public relations efforts
The contract amount is not to exceed 800 hours of work at a rate of $10 per hour.
Payment will be made upon submittal of monthly invoices to the City and DARC. All
assigned tasks must be completed by December 31, 1998. The selection of the
consultant was confirmed by a unanimous vote at the February meeting of DARC.
Resolution
Other
Ordinance
Funding Source: 161 — PBIA Fun•
Approval for Submittal:
Contract X
ity Manager
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
BOARD RECOMMENDATION:
COUNCIL ACTION: