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;
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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".
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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.
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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.
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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.
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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.
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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
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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.