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HomeMy WebLinkAboutR-1993-117 Consulting / WK & ARESOLUTION NO. R-93- 1,17 A RESOLUTION authorizing the execution of an agreement for professional economic and financial consulting services regarding community redevelopment financing. WHEREAS, on November 9, 1993, the City Council passed an ordinance relating to the formation of an apportionment district for community redevelopment financing; and WHEREAS, the City of Yakima needs to obtain qualified economic and financial consultant services relating to community redevelopment financing; and WHEREAS, the City of Yakima does not employ any individuals that are qualified to render such economic and financial services; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached economic and financial consulting services agreement, 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 professional services agreement entitled "Standard WK & A Agreement for Government Clients - Economic and Financial Consultant Services." 16th November ADOPTED BY THE CITY COUNCIL this day of , 1993. ATTEST: Mayor City Clerk (1s)res/cmnty redvlop.rp STANDARD WK&A AGREEMENT FOR GOVERNMENT CLIENTS ECONOMIC AND FINANCIAL CONSULTANT SERVICES THIS AGREEMENT made and entered into this 16th day of November, 1993, between the City of Yakima, a political subdivision of the State of Washington (hereinafter referred to as "CLIENT"), and WK&A, a California corporation, (hereinafter referred to as "CONSULTANT"); WITNESSETH WHEREAS, it is necessary to obtain qualified economic and financial consultant services for the purpose of Community Redevelopment Financing, and CLIENT has determined to utilize the services of CONSULTANT to accomplish such work; and WHEREAS, it is the intent of the parties hereto that such consulting services shall be in conformity with all applicable State and local laws and appropriate for the intended purpose; and WHEREAS, CONSULTANT has represented to CLIENT that is fully qualified and willing to provide the consulting services; and WHEREAS, the preparation of such consulting services is in the public interest and utilization of the special services of the CONSULTANT is necessary in order that such services be completed at the earliest possible date; 1 NOW, THEREFORE, IT IS HEREBY AGREED by and between CLIENT and CONSULTANT as follows: 1. The services to be provided under the terms of the agreement shall be as specified in Exhibit "A" and by this reference incorporated herein. Modifications to the scope of services described in Exhibit "A" may be made administratively if set forth in writing and signed by each party's duly authorized representative; provided, however, that any modification which either increases the cost to CLIENT of CONSULTANT'S performance under this Agreement or alters the purpose of the Agreement may be made only with the prior written approval of CLIENT. 2. CLIENT shall, as it deems necessary, furnish all data available in its offices, provide adequate staff participation, provide all studies, plans, and documents related to the proposed project, and cooperate with CONSULTANT in order to facilitate its expeditious accomplishment of the work. 3. Time is of the essence. Consultant agrees to commence work on the project within ten (10) days following the execution of this Agreement and diligently to continue it to completion in accordance with the schedule set out in Exhibit "A". 2 4. CONSULTANT agrees to provide oral presentations to CLIENT and at any public meetings and/or hearings and shall adequately explain any or all aspects of the work performed under this Agreement. CLIENT agrees to notify CONSULTANT of the time and place of said oral presentations at least ten (10) days prior to the date of said presentation. 5. CONSULTANT will meet regularly, as needs dictate or as deemed necessary by CLIENT'S principal representative in order to facilitate coordination and to carry out the work program. 6. For satisfactorily furnishing services specified herein, CLIENT agrees to pay CONSULTANT a sum not to exceed twelve thousand three hundred dollars ($12,300). It is understood and agreed that such payment to CONSULTANT shall include reimbursement for all costs incurred by CONSULTANT in the performance of its services to the satisfaction of CLIENT. Partial payments for work performed under this Agreement shall be made during the progress of the work. Each partial payment shall be made within thirty (30) days after the presentation to CLIENT of a monthly statement specifying the work performed and all costs incurred by CONSULTANT for the period covered by each such statement. 3 CONSULTANT'S reimbursement for any additional cost or expense involved in its performance of this Agreement must first be presented to and approved in writing by CLIENT before any such cost/expense is incurred by CONSULTANT. 7. CONSULTANT hereby agrees that Larry Williams is authorized to act for CONSULTANT in all matters pertaining to this study. CLIENT hereby agrees that Richard Zais Jr. is authorized to act, in person or through his designee, as representative for CLIENT in all matters pertaining to this study. It is understood and agreed by CONSULTANT and CLIENT that the authorized representatives may be changed by giving at least five (5) days prior notice in writing to the other party, naming the new authorized representative, subject, however, to the acceptance by CLIENT of CONSULTANTS authorized representative. 8. Drafts of reports shall be provided by CONSULTANT in sufficient quantities for official review and study by CLIENT. CONSULTANT shall not be required to provide copies of such drafts for general dissemination to the public, although the CONSULTANT shall provide originals to CLIENT for reproduction. 9. All reports, exhibits, data, and other work and materials prepared pursuant to this Agreement are, and shall remain, the property of CLIENT to be used by CLIENT as may be required. 4 10. In the performance of services pursuant to the provisions of this Agreement, CONSULTANT is acting as an independent contractor and not as an officer, employee, or agent of CLIENT. 11. CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of CLIENT; provided, however, that claims for money due or to CONSULTANT from CLIENT under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CLIENT. 12. CONSULTANT represents that it does not now have any interest and shall hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement, CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. 13. In connection with the performance of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or natural origin. Such actions shall include, but not be limited to, the following: upgrading, demotion, or transfer; recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall require any subcontractor to comply with this provision. 5 14. CONSULTANT shall indemnify and hold harmless CLIENT and its officers and employees from any and all claims, damages, or losses occurring or resulting to any persons, firms, or corporations who may suffer bodily injury or physical damage as a direct result of CONSULTANT'S or its subconsultants or agents negligent performance of this Agreement during the performance of work tasks by CONSULTANT. 15. CONSULTANT shall maintain in force at all times during the performance of this Agreement the policies of insurance specified in this Paragraph. CONSULTANT shall furnish CLIENT with certificates of insurance ordering the required coverage prior to commencing performance. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to CLIENT'S duly authorized representative of any cancellation of the policy. All policies of insurance shall be issued by a company or companies authorized by law to transact insurance business in the State of Washington. 16. CONSULTANT agrees to maintain Workers' Compensation Insurance at all times during performance of services under this Agreement, as required by the California Labor Code, and to each subcontractor to do the same. CONSULTANT shall secure and maintain in full force, during the terms of this Agreement, a single limits comprehensive general liability insurance policy with limits of not less than One Million Dollars per occurrence and annual aggregate, covering all of CONSULTANT'S activities conducted pursuant to this Agreement, including coverage for product liability, personal injury, and property damage. 17. All records shall be maintained by CONSULTANT until any audit is completed and all questions arising therefrom are resolved or for three years after completion of the project, whichever is sooner. 6 18. CLIENT may, without cause, terminate this agreement by giving ten (10) days written notice as provided in paragraph 19 herein below. If the Agreement is so terminated, CLIENT shall be obligated to pay CONSULTANT, pursuant to this Agreement, the value of the services performed by CONSULTANT up to the date such notice is given by CLIENT. CONSULTANT may for good cause terminate this Agreement by giving ten (10) days written notice as provided in paragraph 19. 19. All notices to consultant under this Agreement shall be deemed valid and effective upon deposit in the United States mail, postage prepaid, by certified or registered mail, addressed to Larry Williams, Williams- Kuebelbeck & Associates, Inc., 1301 Shoreway Road, Suite 317, Belmont, California 94002. All notices to CLIENT under this Agreement shall be deemed valid and effective when personally served upon Richard Zais Jr. or upon deposit in the United States mail, postage prepaid, by certified or registered mail, addressed to the City of Yakima, 129 N. 2nd Street, Yakima, WA 98901. This agreement represents the complete understanding between the parties with respect to matters set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above. APPROVED AS TO CONTENT: CITY OF YAKIMA B WILLIAMS-KUEBELBECK& ASSOCIATES, INC., a California Corporation By: daft-e-PIV C7. 7 Date: Principal -In -Charge QviA.6e9, /993 Date: APPROVED AS TO FORM: B City Attorney 8 EXHIBIT A CITY OF YAKIMA Request for Qualifications Financial Analysis Contact: Mr. Glenn J. Valenzuela Director, Community & Economic Development City of Yakima 129 North 2nd Street Yakima, Wa 98901 (509) 575-6113 The City of Yakima is currently considering the formation of a Community Redevelopment Financing District. Cities in the State of Washington have not utilized CRF as a financial tool, even though legislation has permitted it. The City of Spokane is currently in court to clarify the legality of such a district and how they will operate in the State of Washington. The City Council of Yakima has authorized the Department of Community & Economic Development to seek a qualified firm to prepare the economic analysis of the proposed district. Interested firms should mail or fax a statement of qualifications to the contact person on this RFQ by 5 p.m. November 3, 1993. (must be received by this date) REQUIRED MATERIAL: 1) Project manager and principals involved in the analysis with resumes and estimated percentage of time allocated to project per individual. 2) List of references, name and phone number. 3) Sample of previous work in the area of tax increment financial analysis. 4) Hourly rate or flat rate proposal? SCOPE OF WORK: The selected fu m will be required to perform the following work within a three week period. 1) Review the City's proposed district and financial assumptions. 2) Review proposed projects and the districts ability to retire bonds. 3) Obtain information of proposed private development and its potential impact in the district. 4) Obtain information on any other city-wide or CRF district trend that may influence value and revenues. 5) Evaluate potential impacts on current governmental services and the city's ability to,maintain service. 6) Use the above information to evaluate two or more revenue scenarios in a likely case -- adverse case range.