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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 Professional Services Agreement Page 1 of 3 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 Professional Services Agreement Page 2 of 3 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 Professional Services Agreement Page 3 of 3 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