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HomeMy WebLinkAboutR-2003-094 Yakima Valley Conference of Governments (COG) AgreementRESOLUTION NO. R 2003 -94 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 has previously contracted with the Yakima Valley Conference of Governments ("YVCOG") for planning services related to the update of the GMA Comprehensive Plan; and WHEREAS, the contract with YVCOG was funded through a grant from the Washington State Office of Community Development; and WHEREAS, said contract with YVCOG expired on December 31, 2002; and WHEREAS, in 2003 the City required additional planning services related to the update of the GMA Comprehensive Plan; and WHEREAS, YVCOG has continued to provide these services to the City during 2003 with the understanding that the City would agree to a new contract and compensate YVCOG for said services; and WHEREAS, grant money is still available from the Washington State Office of Community Development to compensate YVCOG for the services it has and will provide to the City, but the availability of said grant funds will ends on June 30, 2003; and WHEREAS, it is respectfully requested that the City Council authorize execution of the attached agreement with YVCOG on a retroactive basis to January 1, 2003 in order to compensate YVCOG for the planning services it has provided and is willing to continue to provide to the City through June 30, 2003; 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 (lk)res/ced-yvcog-planning update-june 2003.pm 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 24th day of June, 2003. ATTEST: City Clerk (Ik)res/ced-yvcog-planning update-june 2003.pm 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 for a land survey. 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." 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 Agieement. 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 be retroactive to January 1, 2003 and shall terminate at midnight, June 30, 2003 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. 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 (Ik»gr/mmm dev yvmg gma 3-13-02.pm 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. 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. 01g./comm devyvcoggme 3-13-02.pm 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: Manager Code Administration and Planning Division 129 North Second Street Yakima, WA 98901 To YVCOG: Al Hubert 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. (1k)age/comm dev yvcog gma 3-13-02.pm 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: R. A. Zais, Jr. City Manager Date: 6/A6/03 ATTEST: City Clerk CITY CONTRACT NO. ,:003 e In 6 ©3-Rq YAKIMA VALLEY CONFERENCE OF GOVERNMENTS By: m-(> Lh- Date: ATTACHMENT 1 Ok)agr/comm dev yvoog gum 3-1302.pm Al Hubert, Conference Chair 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 to the City of Yakima the following services for the listed fee during the 2003 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 land, 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. $2,500 ❑ 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. (lk)agrkomm dev yvcog gaol 3-13-02.pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. < For Meeting Of June 24, 2003 ITEM TITLE: Authorization to renew a Technical Planning Services Agreement with the Yakima Valley Conference of Governments SUBMITTED BY:400k, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Doug Maples, Manager Codes and Planning SUMMARY EXPLANATION: Closeout of the City of Yakima's 2001-2003 Office of Community Development grant, which is funding updates to the City's Comprehensive Plan, is scheduled for June 30, 2003. Monies from this grant must be spent or encumbered prior to this date. At this time the Yakima Valley Conference of Governments needs to complete their work on this update but the City's contract with the COG expired on December 31, 2002. COG is prepared to complete their work under this contract within the specified time frame; however, in order for the COG to bill for their services they will require a new contract, retroactive to January 1, 2003, and ending on June 30, 2003. You are herein requested to approve the attached resolution authorizing the City Manager to sign this contract. Resolution X Ordinance Other Contract X Mail to (name and address): Yakima Valley Conference of Governments, 6 So. 2nd Street, Suite 605, Yakima, WA 98901 Phone: (509) 574-1550 Funding Source: Washington State Office of Community Dev ment grant APPROVED FOR SUBMITTAL: �i / r/7 City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-94