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HomeMy WebLinkAboutR-1998-045 Agreement / Thomas Wauzynski / Downtown Area Redevelopment committee (DARC)• • 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 (Ik)darc-consul cant -services -pm ohn Puccinelli, Mayor PROFESSIONAL SERVICES AGREEMENT /APR 1 �el Y 1+r`" 7 lihCli)°I6, 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. Page 1 of 5 (1k)agree/daze— wauzynski—contract—pm 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, Page 2 of 5 (Ik)a gree/dare— wauzynskt—contract—pm 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 Page 3 of 5 (lk)agree/ darc—wauzynski —contract --pm 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. Page 4 of 5 (Ik)agree/darc— wattzynski—contract--pm CITY OF YAKIMA THOMAS WAUZYNSKI By: By: R. A. Zais, Jr., City Manager Thomas Wauzy DATE: afri---2-( 9 / ,,7c! ,x4 ATTEST: City Clerk City Contract No. 98-43 Resolution No. R-98-45 Page 5 of 5 (Nagree/darc—wauzynski—contract—pm 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: