HomeMy WebLinkAboutR-1998-095 Eagle Planning Services•
RESOLUTION NO. R-98- 95
A RESOLUTION authorizing execution of an agreement for technical planning
services provided by Eagle Planning Services
WHEREAS, the City of Yakima requires planning services to establish
compliance with mandated planning under the Growth Management Act of the State of
Washington; and
WHEREAS, the City does not employ adequate in-house staff to perform the
necessary work to comply with the Act in a timely fashion; and
WHEREAS, the City has complied with the provisions of RCW 39.80, which
concerns the procurement of technical planning services by a city; and
WHEREAS, it is in the best interests of the City to contract with Eagle Planning
Services for the technical planning assistance necessary to complete required planning
tasks for the City, 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 "Agreement" between Eagle Planning Services and the
City of Yakima together with its attachment, and to take such other steps as are
necessary and prudent to obtain the planning services of Eagle Planning Services to
help the City comply with the requirements of the Growth Management Act.
P -P
ADOPTED BY THE CITY COUNCIL this day of JuI\f 1998.
ATTEST:
` eut. ,,,—RC1U,w�
City Clerk
John Puccinelli, Mayor
PROFESSIONAL SERVICES AGREEMENT
This Agreement, made and entered into this d,5 day of — , 1998,
by and between the City of Yakima, Washington, hereinafter caftthe "City", and Eagle
Planning Services, Planning Consultant, hereinafter called "Consultant", is for technical
planning services for tasks related to compliance with the Washington State Growth
Management Act.
In consideration of the covenants and agreements contained herein, and the terms and
conditions hereof, the parties agree as follows:
1. SERVICES. Consultant shall provide services associated with technical planning
assistance as further provided in Exhibit A, Scope of Services, attached hereto and by
this reference incorporated herein. Consultant shall provide to the City professional
consulting planning services for the tasks described and the costs stated in Exhibit A,
attached hereto and by this reference incorporated herein.
2. TIME FOR PERFORMANCE OF SERVICES. Consultant shall commence services
in accordance with Exhibit A and the time schedule set forth therein, and shall provide
such services in a diligent manner. Consultant shall not be responsible for delays
caused by factors beyond its control or which could not reasonably have been foreseen
by the parties.
3. PAYMENT TO CONSULTANT.
A. Fees for Services. Consultant shall be paid in accordance with Exhibit A, Scope
of Services. The billing rate for services will be $55 per hour. Total payment to
Consultant for tasks performed under this Agreement shall not exceed $8,800.
B. Renegotiation of Fees. Consultant reserves the right to renegotiate fees if the
scope of services as specified on Exhibit A is modified by the City under Section
9 below or as a result of conditions beyond the control of the parties hereto. The
City and Consultant shall agree in writing to any change in fee or scope of
services.
C. Time of Payments. Consultant shall periodically submit invoices for the un-
billed portion of the services completed to that date. The City agrees to pay the
invoiced amounts within 30 days from the date of receipt of the invoice.
D. Payment in the Event of Termination. In the event of termination of this
Agreement, Consultant shall be compensated for services performed under this
Agreement to the date of termination in accordance with the terms above.
4. STANDARD OF PERFORMANCE. Consultant shall perform services in
accordance with generally accepted standards for technical planning services and shall
be responsible for the technical soundness and accuracy of all work and services
performed pursuant to this Agreement. All work accomplished by Consultant will be
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City of Yakima - Eagle Planning Services
reviewed by the City for completeness and accuracy, and will not be accepted until
reviewed and approved by the City.
5. TERMINATION. Either party may terminate this Agreement at any time upon
30 days written notice to the other party.
6. OWNERSHIP OF DOCUMENTS. The originals of all documents, including
drawings and maps, prepared by Consultant shall the property of the City. Consultant
shall provide to the City a reproducible copy of all final planning documents, and
computer media containing same if applicable.
7. INDEMNITY. Consultant agrees to protect, defend, indemnify, and hold
harmless the City, its elected officials, agents, officers, and employees from any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits or other proceedings
and judgments awards, cost and expenses, including reasonable attorneys fees and
expenses, resulting from Consultant's negligence or willful misconduct in connection
with this Agreement.
8. ATTORNEY'S FEES. In the event suit or legal action is instituted to enforce any
of the terms or conditions of this Agreement, venue shall be in Superior Court for
Yakima County. The losing party shall pay to the prevailing party, in addition to the
costs and disbursements allowed by statute, such amounts as the court may judge
reasonable as attorney's fees and costs in such suit or action, in both trial and appellate
courts.
9. ADDITIONAL SERVICES. During the term of this agreement, the City may
require additional services and/or changes to the scope of the services provided by the
Consultant. The City shall provide the Consultant with written notice of such
additional services and/or changes.
10. INDEPENDENT CONTRACTOR. The parties intend that Consultant shall at all
times be an independent contractor and not an employee of the City, and shall not be
entitled to compensation or benefit of any kind except as specifically provided for
herein.
11. GOVERNING LAWS. This Agreement is governed by the laws of the State of
Washington.
12. COMPLETE AGREEMENT. This agreement and referenced attachments
contains the complete and integrated understanding and agreement between the
parties and supersedes any understanding, agreement or negotiation, whether oral or
written, not set forth herein. Amendments, changes, or modifications hereto shall not
be valid unless they are in writing and duly executed by both parties.
13. NO THIRD PARTY BENEFICIARIES. The agreement gives no rights to anyone
other than the City and Consultant, and has no other third -party beneficiaries.
14. ASSIGNMENT. Neither party to this Agreement shall assign the Agreement, or
any interest arising herein, without the written consent of the other. Consultant , with
the City's consent, shall be authorized to employ or subcontract with any other party or
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City of Yakima - Eagle Planning Services
entity it deems necessary for the performance of any of the services to be provided by
Consultant pursuant to the terms of this Agreement.
15. SEVERABILITY OF AGREEMENT. In the event any of the terms or clauses of
this Agreement is held to be illegal or unenforceable by any court or arbitrator, the
remaining clauses and terms shall continue in full force and effect and shall be
enforceable.
16. MINORITY AND WOMAN OWNED BUSINESS; CITY -SPECIFIED SUB-
CONTRACTORS. Consultant shall comply with the City's directives in utilizing the
services of City -specified subcontractors and/or minority and women -owned
businesses. Any firm selected by Consultant to meet said directives will be subject to
approval by the City.
17. NOTICES. The parties shall provide any notice contemplated under this
Agreement at the following addresses:
John Elsden, Owner City of Yakima
Eagle Planning Services c/o City Manager
4630 State Route 410 129 N. 2nd Street
Naches, Washington 98937 Yakima, Washington 98901
By
EAGLE PLANNING SERVICES CITY OF YAKIMA
John Elsden, Owner
City Contract No. 98-72
Resolution No. R-98-95
By .
Richard A. Zais, Jr,
City Manager
ATTEST
j f!
Karen S. Roberts, City re
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City of Yakima - Eagle Planning Services
Exhibit A
Eagle Planning Services
Technical Planning Assistance for Tasks Related to GMA
Compliance
Scope of Services, Estimated Hours and Budget
Personal Services Contract Term: July 1 through September 30,
1998
Estimated Hours
@ $55/hr
Provide technical planning assistance at
the direction of the Planning Manager:
1 Ordinance Revisions: Yakima Urban Area
Zoning Ordinance 60
2. Comprehensive Plan Revisions 3 0
3. Coordinate Meeting Scheduling and Notice
a. Regional Planning Commission
Worksessions 1 5
b. Regional Planning Commission
Public Hearings 10
c. Legislative Public Hearings 5
4. Attend Meetings:
a. Regional Planning Commission
Worksessions 8
b. Regional Planning Commission
Public Hearings 6
c. Yakima Urban Area Joint Board/
Legislative Public Hearings 8
d. Meetings with City Staff, as requested 8
5. Neighborhood Planning:
Coordinate and Attend Neighborhood
Planning Meetings 10
Total Estimated Hours 160
Total Estimated Contract Budget $8,800
ITEM TITLE:
SUBMITTED BY:
CONTACT
PERSON / TEL:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. /
FOR MEETING OF: June 23, 1998
Professional Services Agreement with Eagle Planning Services
for Technical Planning Assistance (John Elsden)
Glenn K. Rice, Acting Director of Community & Economic
Development
Glenn K. Rice, 575-6113
SUMMARY EXPLANATION:
Attached please find a proposed Professional Services Agreement for technical
planning assistance for tasks related to comprehensive planning and GMA
compliance. This is proposed to continue to retain the services of John Elsden, who
resigned recently to start a new consulting practice. John is available for this
assignment and he is the most knowledgeable person to assist the City in
completing the GMA plan.
The scope of services proposes a contract time frame from July 1 to September 30.
Tasks will include assistance with GMA required work, including revisions to draft
ordinances, existing ordinances and the comprehensive plan, and scheduling and
attending Regional Planning Commission worksessions and public hearings, along
with Joint Board/City Council GMA public hearings. Additionally, the contract
proposes wrap up work to coordinate and attend Regional Planning Commission
meetings and public hearings for public review of draft Northeast and Southeast
Yakima Neighborhood Plans.
Resolution X Ordinance_ Contract _Other (Specify)Professional Services Agreement
Funding Source Planning Grant Fund Budget / Salary savings
C.,*716as
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt attached Resolution for Professional Services
Agreement
BOARD RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-98-95