HomeMy WebLinkAboutR-2003-149 Scott C. Irons Agreement (re: Front St. Historic District Renovation)RESOLUTION NO. R 2003 -1.49
A RESOLUTION authorizing and directing the City Manager to execute an
agreement for design services between the City of Yakima and
Scott C. Irons for custom design services related to the Front
Street Historic District Renovation Project.
WHEREAS, the City of Yakima desires to engage Scott C. Irons to perform
design services on an independent contractor basis for the Front Street Historic
District Renovation Project; and
WHEREAS, Scott C. Irons has the experience and expertise necessary to
provide said independent design services and is willing to provide such services 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 authorize execution of the attached agreement with Scott C. Irons for
design services for the Front Street Historic District Renovation Project, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated design services agreement with Scott C. Irons
for custom design services related to the Front Street Historic District Renovation
Project.
ADOPTED BY THE CITY COUNCIL this 2nd day of December, 2003.
ATTEST:
City Clerk
Resolution - Scott Irons.doc
rzey
ary Place, Mayor
DESIGN SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Yakima, a
Washington municipal corporation (hereafter the "City"), and Scott C. Irons, an individual
(hereafter "Consultant").
WHEREAS, the City of Yakima desires to engage Scott C. Irons, to perform custom
design services on an independent contractor basis for the Front Street Historic District
Renovation Project (hereinafter the "Project").
WHEREAS, Scott C. Irons has the experience and expertise necessary to provide said
independent contractor 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 Engineer as follows:
1. Scope of Services.
a. The Consultant shall provide custom design services to the City in accordance with
attached and incorporated Exhibit "A". These services include, but are not limited to, the
following:
i. Two poster -sized artist renderings, in color, of the Front Street Project
area in relation to the project image of the Project.
ii. Presentation boards for upcoming community presentations.
iii. Final renderings and presentation boards shall be delivered to the City by
December 9, 2003
b. The City shall:
i. Provide the Consultant with all requested information necessary to carry
out his services under this Agreement.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate upon completion of the project; unless terminated sooner by either party in
accordance with Section 15.
3. Consideration. The City shall pay the Consultant for services rendered hereunder at
the agreed upon rate per parcel and as negotiated between the City and Consultant. The
Consultant shall submit to the City an invoice itemizing all deliverables completed. Upon
receipt of said monthly invoice, the City shall make payment to the Consultant within thirty
(30) calendar days. The Consultant shall maintain adequate records/logs to substantiate all
amounts itemized on the invoice. Unless the term of this Agreement is extended pursuant to
Section 2, the total amount of compensation paid to the Consultant by the City under this
Agreement shall not exceed two thousand dollars ($2,000.00) based upon the proposed work.
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4. Inspection and Audit. Consultant shall maintain books, accounts, records, documents
and other evidence pertaining to the appraisal work completed under this Agreement in
accordance with generally accepted practices. All such books of account and records required
to be maintained by this Agreement shall be subject to inspection and audit by representatives
of the City and/or of the Washington State Auditor at all reasonable times, and Consultant
shall afford the proper facilities for such inspection and audit. Such books of account and
records may be copied by representatives of the City and/ or of the Washington State Auditor
where necessary to conduct or document an audit or review. Provider shall preserve and make
available all such books of account and records for a period of three (3) years after final
payment under this Agreement.
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, as an independent contractor, assumes the entire responsibility for
carrying out and accomplishing the services required under this Agreement. Consultant and
his employees, agents and/or subcontractors shall make no claim of City employment nor shall
claim against the City any related employment benefits, social security, and/or retirement.
Nothing contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between Consultant and the City.
6. Taxes and Assessments. Consultant shall be solely responsible for compensating his
employees, agents, and/ or subcontractors and for paying all related 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.
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 provisions of services under this Agreement.
8. The Americans with Disabilities Act. The Consultant 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.
9. Compliance With Law. Consultant agrees to perform those 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.
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10. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and/or its employees.
11. Indemnification.
a. 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) which
result from or arise out of the sole negligence of Consultant in connection with or incidental to
the performance or non-performance of this Agreement.
b. In the event that both Consultant and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
12. 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.
13. 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.
14. 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 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.
15. Termination. Either party may terminate this Agreement without cause by providing
the other party with ten calendar (10) days written notice of termination.
16. Confidentiality. The Consultant agrees to maintain total confidentiality as regards to
information discerned from access to City records. Such information shall be held in strict
confidence in accordance with the standards of Conduct of the Engineering Profession.
17. 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.
18. 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.
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19. 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:
TO CONSULTANT:
City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
Scott C. Irons
213 Park Avenue
Yakima, WA 98902
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.
20. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
21. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
R. A. Zais, Jr., City Manager
DATE: /
ATTEST:
SCOTT C. IRONS
By:
C.--.. C • ) R. %AS
Sco C. Irons
DATE: 11 ' l S .03
City Clerk
City Contract No. o'1Oe2,5 4
City Resolution No. —a00.3 /'S/9
Page 4 of 5
EXHIBIT "A"
SCOTT CHARLES IRONS, FEE PROPOSAL
Front Street Historic District Renovation Project
Deliverables:
Two poster -sized artist renderings, in color, of the Front Street Project area.
Presentation boards for community presentations.
Final renderings and presentation boards shall be delivered by December 9, 2003.
Hourly fee: $50.00
Estimated Hours: 40
Total Fee not to exceed: $2,000.00
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1,
For Meeting of December 2, 2003
ITEM TITLE: Resolution Authorizing Design Services Contract with
ScotC. Irons for Front Street Historic District Renovation Project
SUBMI DIED BY: /Wi Iiam R. Cook, CED Department Director
K. Wendell Adams, City Engineer
4,LJ?s
CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111
SUMMARY EXPLANATION:
Scott C. Irons is a local Designer/ Artist who provides custom design services for
commercial application and can respond to the short timeframe necessitated by our project
needs. His expertise is needed to provide artistic renderings for presentations to potential
financial partners, to the Historic District and to the community. This work will include at
least 2 poster -sized artist renderings, in color, that will help to project the initial image of
the Front Street Historic District Renovation Project that will be completed in conjunction
with the Yakima Railroad Grade Separation Project. The cost for this work is not to exceed
$2,000, which includes all costs associated with the work. The date to complete this work
will be December 9, 2003.
Resolution X Ordinance Contract X Other (Specify)
Funding Source CBD Capital Improvement F
APPROVED FOR SUBMITTAL:
d -
nd 321
Manager
STAFF RECOMMENDATION: Approve Resolution and Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2003-149