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HomeMy WebLinkAboutR-1992-D6145 Personal Service / Industrial ParkRESOLUTION NO. 6145 A RESOLUTION authorizing the execution of a contract with Fred Stouder for consultant services. WHEREAS, the City of Yakima has applied to state and federal agencies for grant and loan moneys for infrastructure development of an industrial park in the area of 16th Avenue and River Road; and WHEREAS, former Assistant City Manager Fred Stouder possess knowledge and expertise with respect to said applica- tions; and WHEREAS, additional specific services are required by the City with respect to said applications, 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 "Personal Services Agreement" with Fred Stouder. ADOPTED BY THE CITY COUNCIL this day of , 1992. (;-)ctj: 01 -4 -4;(/ - Mayor ATTEST: City Clerk (res/stouder.jv) PERSONAL SERVICES AGREEMENT THIS AGREEMENT is entered into on this day of , by and between the City of Yakima, hereafter called City, and the Frederick C. Stouder independent contractor, and hereafter called Contractor. The City and the Contractor mutually agree as follows: 1. SCOPE OF WORK. Attachment A 2. TOOLS, MATERIALS AND PLACE OF WORK. , an The City shall provide to the Contractor in a timely fashion information, maps, charts, files and all materials necessary for the Contractor to perform this contract. At his option, the Contractor may perform this contract at his own place of operation or utilize office space provided by the City. 3. CONSIDERATION The City shall pay Contractor an amount not to exceed $6,000. dollars as total compensation for the performance of this agreement. Compensation will be based on monthly billings of times and materials, direct out of pocket expenses, travel and telephone costs. Hourly compensation for professional services will not exceed $75.00 per hour. 4. STATUS Contractor knows and understands that it is not an employee of the City, rather it is an independent contractor, Contractor shall not be entitled to any of the benefits accorded to City of Yakima employees. Contractor shall be solely responsible for the payment of State, Federal and local taxes which may be assessed as a result of the performance of this agreement, including but not limited to, FICA, Federal Income Tax, and Social Security Taxes. In the event the City shall be required by the State of Washington or the United States or any department thereof to pay any tax, penalty, assessment or any other charge whatsoever arising out of the performance of this agreement the Contractor shall immediately pay back to the City the amount of any such tax, penalty, fee, assessment of other charge whatsoever. 5. INDEMNIFICATION The Contractor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims including costs and reasonable attorney's fees incurred by the City, it officers, employees and agents in the defense thereof, asserting or arising directly or indirectly on account of or out of performance of service pursuant to this agreement; provided, however, this paragraph does not purport to indemnify the City against liability for damages arising out of bodily injuries to persons or damages caused by or resulting from the sole negligence of the City, its officers, employees and agents. 6. ASSIGNMENT Contractor's duties and obligations under this agreement shall not be assigned in any way without written consent of the City 7, TERMINATION In the event the Contractor fails to comply with any of the terms and conditions of this agreement, the City may terminate this agreement after giving the Contractor five (5) days written notice of termination specifying the reasons for such termination. Further, either party may terminate this agreement by giving the other party written notice of such termination not less than fourteen (14) days prior to the effective date of termination. Notices provided for herein shall be personally delivered or sent certified mail, return receipt requested, to the address of the proper party designated at the end of this agreement. In the event of early termination of this agreement contract, the Contractor shall be paid on a pro rata rate to the date of termination. 8. MODIFICATION No change or addition to this agreement shall be valid or binding upon either party without the written consent of the other. 9. VENUE In the event of litigation between the parties of this agreement, the parties agree that the venue shall be in the Superior Court for Yakima County. City of Yakima City Manager City Hall 129 North 2nd Street Yakima, Washington 98901 n Date: cf w , -. (.� /S Contractor (Address) Fre erick C. Stouder 14447 124th Ave NE #19 Kirkland, WA 98034 Date: ( /2. r SCOPE OF SERVICES Prepare additional submittals and clarifications to financing request, grant and loan applications, to the State of Washington Public Works Trust Fund, State of Washington Community Economic Revitalization Board, and U.S. Department of Commerce Economic Development Administration. These additional submittals and clarifications could include, but not be limited to, program narrative revisions, job projections, budget amendments, work force information, project site acquisition, and additional State and Federal forms that may be requested as project applications are reviewed, approved, and contractual agreements offered to the City of Yakima. Consult with representatives of the State of Washington, Community Economic Revitalization Board; U.S. Department of Commerce, Economic Development Administration; and State of Washington Pubic Works Trust Fund, providing status reports and clarifications on property acquisition and other key components contingent to Federal and State approvals. Prepare various techinical and project report memorandums to the City regarding, but not limited to, such issues as status of funding agencies, approvals and fund releases; property acquisition process; budget amendments and financing alternatives; locational alternatives; infrastructure location and financing alternatives; job creation requirements; and assurances in compliances as required by the State and Federal agencies. Provide the City recommendations and analysis of various requests and additional requirements that may be proposed from the various State and Federal agencies as the program approval processes continue and as the project reaches contractual agreement between the various parties. Provide the City recommendations regarding relationships and proposals from the I-82 Development Association, and negotiate and provide services to the City for the I-82 Development Association property acquisition and financing alternatives. Provide information as necessary to the City and I-82 Development Association regarding status of property ownership interest, property negotiations, costs, and strategies, including appraisal, processes and negotiations of acquisition alternatives. HDB-Daily FCS/