HomeMy WebLinkAboutR-2002-023 Yakima Valley Conference of Governments Technical Planning Services AgreementRESOLUTION NO. R 2002 - 23
A RESOLUTION authorizing and directing the City Manager to execute a technical
planning services agreement with the Yakima Valley Conference of
Governments for planning services related to the update of the GMA
Comprehensive Plan.
WHEREAS, the City of Yakima desires to engage the Yakima Valley Conference of
Governments ("YVCOG") for planning services related to the update of the GMA
Comprehensive Plan; and
WHEREAS, YVCOG has the experience and expertise necessary to provide said
services and is willing to do so in accordance with the terms and conditions of the attached
agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached agreement with YVCOG for planning services related to the
update of the GMA Comprehensive Plan, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated technical planning services agreement with the Yakima Valley Conference of
Governments for planning services related to the update of the GMA Comprehensive Plan.
ADOPTED BY THE CITY COUNCIL this 19th day of March, 2002.
ATTEST:
City Clerk
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TECHNICAL PLANNING SERVICES AGREEMENT
THIS TECHNICAL PLANNING SERVICES AGREEMENT, hereinafter
"Agreement," is made and entered into by and between the City of Yakima, a
Washington State municipal corporation, hereinafter the "City," and the Yakima Valley
Conference of Governments, a non-profit corporation, hereinafter the "YVCOG."
WHEREAS, the City requires technical planning assistance in order to update the
GMA Comprehensive plan.
WHEREAS, YVCOG has experience and expertise to provide such services and
agrees to do so in accordance with the terms and conditions set forth in 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 YVCOG as
follows:
1. Scope of Services. YVCOG shall provide the City with the services and work
described on attached and incorporated "Scope of Work, Attachment 1" to assist the
City with updating its GMA Comprehensive Plan. The City and YVCOG shall
mutually agree to a schedule for completing the services and work described in
Attachment 1.
2. Consideration. The City agrees to provide YVCOG a total of Eight Thousand
Five Hundred Dollars ($8,500.00) as full compensation for all services and work
performed under and pursuant to this Agreement. In addition, the City shall provide,
at no cost or charge to YVCOG, photocopy service and secretarial service in preparing
reports for submittal to City Council and the Planning Commission. YVCOG shall
submit satisfactory documentation/invoice evidencing said services to the City at the
end of each month in which services and work are provided to the City. The
invoices/billing shall be based upon actual expenses incurred by YVCOG. The City
shall make payment to YVCOG within thirty (30) calendar days upon receipt of each
monthly invoice. All payments are expressly conditioned upon the YVCOG providing
services and work hereunder that are satisfactory to the City.
3. Term of Agreement. The term of this Agreement shall commence upon
execution hereof and shall terminate at midnight, December 31, 2002, unless sooner
terminated by either party in accordance with Section 14 of this Agreement.
4. Status of YVCOG. YVCOG and the City understand and expressly agree that
YVCOG is an independent contractor in the performance of each and every part of this
Agreement. YVCOG, as an independent contractor, assumes the entire responsibility
for carrying out and accomplishing the services required under this Agreement.
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Additionally, and as an independent contractor, YVCOG and its directors, officials,
officers, agents, members, employees and volunteers shall make no claim of City
employment nor shall claim against the City any related employment benefits, social
security, and/ or retirement benefits. Nothing contained herein shall be interpreted as
creating a relationship of servant, employee, partnership or agency between YVCOG or
any director, official, officer, agent, member, employee or volunteer of YVCOG and the
City.
5. Taxes and Assessments. YVCOG shall be solely responsible for and shall pay all
taxes, deductions, and assessments, including but not limited to, sales tax, federal
income tax, FICA, social security tax, assessments for unemployment and industrial
injury insurance, 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, YVCOG shall pay the same
before it becomes due.
6. Non -Discrimination. During the performance of this Agreement, YVCOG 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. This provision shall include but not be limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of
pay or other forms of compensation, selection for training, and the provision of services
under this Agreement.
7. The Americans with Disabilities Act. YVCOG shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW
Chapter 49.60 and its implementing regulations, with regard to the activities and
services provided pursuant to this Agreement. The ADA provides comprehensive civil
rights to individuals with disabilities in the area of employment, public
accommodations, public transportation, state and local government services, and
telecommunications.
8. Compliance With Law. YVCOG agrees to perform all training services under
and pursuant to 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 any form of
insurance, including liability insurance, for YVCOG and its directors, officials, officers,
agents, members, employees and volunteers.
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10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by YVCOG 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 YVCOG as stated herein.
11. Severability. If any portion of the Agreement is changed per mutual agreement
or any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
12. Integration. This written document constitutes the entire agreement between the
parties. 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.
13. Non -Waiver. The waiver by YVCOG or the City of the breach of any provision
of this Agreement by the other party shall not operate or be construed as a waiver of
any subsequent breach by either party or prevent either party thereafter enforcing any
such provision.
14. Termination.
a. Termination of Agreement for Cause. If, through any cause, the City or
YVCOG shall fail to fulfill in a timely and proper manner any term, condition and/ or
obligation of this Agreement, the non -defaulting party shall thereupon have the right to
terminate this Agreement by giving the other party a written notice of termination at
least fifteen (15) calendar days before the effective date of such termination.
b. Termination for Convenience. Either the City or YVCOG may terminate
this Agreement without cause and for convenience by giving the other party a written
notice of termination at least thirty (30) calendar days before the effective date of such
termination.
15. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent, or hand delivered to the parties at their addresses as follows:
To City:
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Manager
Code Administration and Planning Division
129 North Second Street
Yakima, WA 98901
To YVCOG: Clarence Barnett
Conference Chair
or to such 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.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County.
CITY OF YAKIMA
By:
Date:
3- D._/ -vim
ATTEST:
City Clerk
CITY CONTRACT NO. 2002-16
RESOLUTION NO. R-2002-23
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YAKIMA VALLEY CONFERENCE
OF GOVERNMENTS
By:
Date:
2/I
C arence Barnett,
Conference Chair
03/13/02 12:27 FAX 5095741551
YAKIMA VALLEYCOG [7j 03
ATTACHMENT 1
Scope of Work
The Yakima Valley Conference of Governments committed to assisting eleven cities and towns
in Yakima County in updating their comprehensive plans as required by the growth management
act. The following are some of the tasks that the Conference of Governments is preparing for
those communities funded by a grant from the Office of Community Development (OCD).
The Yakima Valley Conference of Governments agrees to provide the City of Yakima the
following services for the listed fee during the 2002 GMA Comprehensive Plan update:
❑ Provide planning representation in the countywide population allocation'process. $1,000
❑ Map, tabulate and summarize existing land use in the Yakima urban area. $2,500
❑ Provide an analysis of existing land use, vacant lands, and land use patterns based on
existing land use and available land $2,500
❑ Provide an analysis of projected population growth and compare projected population
growth to the current Urban Area boundary. $2,000
❑ Develop and provide a population growth table and graph for the City of Yakima. $500
During this process the City of Yakima provides requested/needed data and mapping services to
the Yakima Valley Conference of Governments in support of the above services.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. * 6
FOR MEETING OF: March 19, 2002
ITEM TITLE: Resolution authorizing the Mayor to sign a Contract for Technical Planning
Assistance for updates to the Yakima Urban Area Comprehensive Plan between the Yakima
Conference of Governments and the City of Yakima.
SUBMITTED BY:
Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Doug Maples, Manager Code Administration and
Planning (575-6131)
SUMMARY EXPLANATION:
Contract for Technical Planning Assistance for the 2002 updates to the Yakima Urban Area
Comprehensive Plan between the Yakima Conference of Governments and the City of Yakima.
The contract shall not exceed $8,500 for the scope of work to be conducted by the Conference of
Governments. The Scope of Work for the Comp Plan update includes the following:
• Provide representation in the countywide population allocation process.
• Map, tabulate and summarize existing land use in the Yakima Urban Area.
• Analysis of existing land use, vacant lands, within the Yakima Urban Area.
• Analysis of projected population growth within the Yakima Urban Area.
Resolution X Ordinance_ Contract _ Other (Specify)
Funding Source: Washington State Dept. of Community, Trade & Economic Development Planning
grant
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass resolution.
BOARD RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-23