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HomeMy WebLinkAboutR-1995-130 Professional Services AgreementRESOLUTION NO. R-95-_130 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement with George H. Pechtel Company, Inc for economic development planning and engineering services related to the Community Economic Revitalization Board (CERB) project application and potential Section 108 funding. WHEREAS, the City of Yakima has set economic development as a priority within City limits, and intends to take a comprehensive approach to economic development which shall involve the coordination of all sectors, public, private, and community-based, in an effort to achieve new investment and redevelopment within City limits; and WHEREAS, the City of Yakima has been approached by William "Bill" Ash, CEO, Central Heating & Plumbing, Inc , to form a joint private/public partnership to construct a new light industrial facility with associated off-site infrastructure improvements within the State -designated Community Empowerment Zone; and WHEREAS, the Washington State Community Economic Revitalization Board (CERB) has offered and the City has accepted a loan in the amount of Four Hundred Sixty -Three Thousand, One Hundred Eighty -Nine Dollars ($463,189 00) to finance public infrastructure improvements associated with the expansion of Central Heating & Plumbing, Inc., and WHEREAS, the City requires economic development planning and engineering services in order to construct said public infrastructure improvements; and WHEREAS, George H. Pechtel Company, Inc. has the necessary expertise and is willing to provide said economic development planning and engineering services in accordance with the attached Agreement; and WHEREAS, UDAG and CERB funds would be used to pay for any professional services rendered by George H. Pechtel Company, Inc. pursuant to said Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with George H. Pechtel Company, Inc for said economic development planning and engineering services in accordance with the attached Agreement, now, therefore, Page 1 (I ) ..fp..bt.1 .P 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 Economic Development Planning and Engineering Services Agreement with George H. Pechtel Company, Inc in a total dollar amount not to exceed Eighty-Thousand Dollars ($80,000.00). ADOPTED BY THE CITY COUNCIL this 51:-C day of , 1995 (;.)&70- /14 riff ATTR Mayor City Clerk Page 2 (Llr../p.ate.l. pm • • ECONOMIC DEVELOPMENT PLANNING AND ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF YAKIMA AND GEORGE H. PECHTEL COMPANY, INC. -THIS AGREEMENT is made and entered into this 1344- day of 1994, by and between the City of Yakima, herein referred to as the "Ci ," and George H Pechtel Company, Inc., herein referred to as the "Consultant." WHEREAS, the City of Yakima has set economic development as a priority within City limits, and intends to take a comprehensive approach to economic development which shall involve the coordination of all sectors, public, private, and community-based, in an effort to achieve new investment and redevelopment within City limits. WHEREAS, the City of Yakima has been approached by William 'Bill" Ash, CEO, Central Heating & Plumbing, Inc , to form a joint private/public partnership to construct a new light industrial facility with associated off-site infrastructure improvements within the State -designated Community Empowerment Zone WHEREAS, the Washington State Community Economic Revitalization Board (CERB) has offered and the City has accepted a loan in the amount of Four Hundred Sixty -Three Thousand, One Hundred Eighty -Nine Dollars ($463,189 00) to finance public infrastructure improvements associated with the expansion of Central Heating & Plumbing, Inc. WHEREAS, the City requires economic development planning and engineering services in order to construct said public infrastructure improvements. WHEREAS, George H. Pechtel Company, Inc has the necessary expertise and is willing to provide said economic development planning and engineering services in accordance with the attached Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Consultant as follows. 1. Professional Services. Consultant will provide economic development planning and engineering services necessary to construct public infrastructure improvements within the State -designated Community Empowerment Zone Page 1 of 5 fls)agr/pechtel pm • • • 2. Property Rights. All exhibits, data, and other work and materials prepared pursuant to this Agreement are, and shall remain, the property of the City to be used by the City as may be required. 3. Consideration. The City agrees to compensate Consultant for services rendered at the rate of Eighty Dollars ($80 00) per hour, which amount includes all compensation for time, services, overhead costs, and expenses incurred pursuant to this Agreement. Consultant shall submit to the City monthly invoices itemizing all hours worked by date Upon receipt of said monthly invoice, the City shall make payment to Consultant within thirty (30) calendar days Notwithstanding any provision in this Agreement to the contrary, the total amount of compensation to be paid to Consultant shall not exceed Eighty Thousand Dollars ($80,000 00) 4. Term of Agreement. The term of this Agreement shall commence upon execution hereof and shall terminate on June 30, 1996 5. Independent Contractor. Consultant and the City understand and expressly agree that Consultant is an independent contractor, and none of Consultant's employees shall be considered an employee of the City Consultant and Consultant's employees shall make no claim of City employment or claim any related employment benefits from the City, including but not limited to, medical benefits, social security, and retirement. Consultant has no authority to nor shall Consultant represent that it has authorization to bind the City in any manner 6. No Conflict of Interest. Consultant represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Consultant further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 7. Taxes and Assessments. Consultant shall be solely responsible for compensating its employees 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 Page 2 of 5 Ilslagr/pechcel pm • • • 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 8. Discrimination. Consultant shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap Such action shall include but not be limited to employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff of termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. 9. Compliance With Law. Consultant agrees to perform the services and work 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. 10. No Insurance. It is understood the City does not maintain liability insurance for Consultant or its employees. 11. Indemnification and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Consultant's performance of this Agreement. 12. Delegation of Professional Services. The services provided for herein shall be performed by Consultant, and no other person other than regular associates or employees of Consultant shall be engaged upon such work or services except upon written approval of 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 as stated herein. Page 3 of 5 (ls)agr/pechtel pm • • • 14. Termination. The City may terminate this Agreement with or without cause, by giving Consultant five (5) days written notice of termination If the Agreement is so terminated, the City shall pay Consultant such portion of the compensation allocable to services performed prior to the termination date Consultant may terminate this Agreement for good cause by giving five (5) days written notice to the City 15. Damages. If for any reason Consultant fails to provide the services and work as specified in this Agreement and the City is forced to secure such services and work from another party or entity, Consultant shall be liable for any and all additional expenses to fulfill its obligation to the City under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law 16. 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. 17. Integration. This Agreement, together with the exhibits attached hereto, 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. 18. Notices. Unless stated otherwise, all notices and demand shall be in writing and sent to the parties to their addresses as follows. TO CITY TO CONSULTANT Community & Economic Development Director City Hall 129 North 2nd Street Yakima, WA 98901 George H. Pechtel Company, Inc. 116 North 3rd Avenue Yakima, WA 98902 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above Page 4 of 5 (lslagr/pechtel pm • • 19. Governing Law. This Agreement and the attachment hereto shall be governed and construed in accordance with the laws of the State of Washington. 20. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 21. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. CITY OF YAKIMA GEORGE H. PECHTEL COMPANY, INC. By.���\� Dick Zais eity Manager ATTEST: Wet -A -e -v -- City Clerk .........I r' rrNTPACT N0. 9S- 0 co, 1-c-- i 3Q) State of Washington ) ss County of Yakima I certify that I know or have satisfactory evidence that GEORGE H PECHTEL is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated thit he wa authorized to execute the instrument and acknowledged it as the 1 A.Pi of George H Pechtel Company, Inc. to be the free and voluntary act of such party for theemirises and purposes mentioned in the instrumen DATE ►% 0 / iiftio:% Page 5 of 5 Ilslagr/pechtel pm P : I F in and for the t - of Ws - in . on. residing a y commission xpire /Id 6, ftc7