Loading...
HomeMy WebLinkAbout1103 ResolutionRESOLUTION NO. 11�03_ WHEREAS the City of Pasco wishes to retain a consultant to perform services in conjunction with the preparation of a Community Development Policy Plan, and WHEREAS.the City of Pasco deems the firm of Policy Sciences, Inc., uniquely qualify to perform those services, and WHEREAS Policy Sciences, Inc., warrants that it is qualified and desires to undertake the services described in the attached Agreement, by this reference incorporated herein; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the proper officials of the City of Pasco be and the same are hereby authorized to execute and enter 'into an Agreement with Policy Sciences, Inc., for purposes of preparing a Community Development Policy Plan, said Agreement to be substantially in the form as the Agreement attached hereto and by this reference incorporated herein. Passed by the City Council of the City of Pasco, Washington, this15 — day of Qsir_I�cT 1977 --�om n Tidrick, Mayor ATTEST: ve yn We ls, Deputy City Clerk APPROV D: el E. Cooper, City .Xtorney AGREEMENT This agreement, entered into this 15th day of August, 1977, by and between the City of Pasco, Washington (hereinafter referred to as the client) and Policy Sciences Incorporated (hereinafter referred to as the consultant), to wit: WHEREAS, the client wishes to retain the consultant to perform services in conjunction with the preparation of a Community Development Policy Plan, and; WHEREAS, the client deems the consultant uniquely qualified to perform the services described herein, in view of the prece- dent experience of key staff of the consultant in designing the Community Development Policy Planning Process, and; WHEREAS, the consultant warrants that he is qualified and desires to undertake the services described herein; NOW, THEREFORE, the above parties do mutually agree as follows: I SCOPE OF SERVICES The consultant agrees to supply all staff, facilities and ser- vices, except where explicitely stipulated to the contrary herein, necessary to perform the scope of services described below in a timely and professional manner. The primary reference documentation for the scope of services of this agreement is the Level Three Product Specification for the Pasco Community Development Planning Process, dated July, 1977. This doc- ument, together with amendments including any details to Level Four or Five thereto which occur during the course of the performance of paragraph I.A below, are hereby incorporated into this agreement by reference as the precise specification of all products to be prepared under this agreement for those tasks described below. The above docu- ment, as adopted by the Pasco City Council by motion on August 1, 1977, and as amended according to the procedures also adopted by inference with the acceptance of the Pasco Community Development Policy Planning Process by the City Council under the same motion, shall be hereinafter referred to as the Product Specification. A. Ongoing Management (Product Specification Code 0.2): The consultant shall perform the services required to fulfill product specification for task 0.2, and shall do so in conformance with the requirements of the U. S. Department of Housing and Urban Development for community development block grant fund management and reporting, and the consultant guarantees that all technical work per- formed will be eligible for funding under U. S. H. U. D. Block Grant Regulations. The execution of this task shall be in cooperation with the City Planner of the City of Pasco, who on behalf of the client shall retain the right to alter, deny or accept any management dec- ision made by the consultant. page 1 of 7 B. Social Policy Analysis Tool Development (Product Specification Code 1.4): The consultant shall perform the services required to fulfill the product specifications for task 1.4, utilizing the data and analyses prepared by other contractors under product specifications for tasks 1.1., 1.2 and 1.3. C. Development of an Analytic Model of the Pasco Economy (Product Specification Code 2.1): The consultant shall perform services required to fulfill the product specifi- cations for task 2.1. D. Identification of Regional Parameters (Product Specifi- cation Code 2.3): The consultant shall perform the services required to fulfill the product specifications for task 2.3. E. Analysis of Pasco Municipal Fiscal Resources (Product Specification Code 2.7) The consultant shall perform the services required to fulfill the product specifications for task 2.7. F. Resource Policy Analysis Tool Development (product Specification Code 2.8): The consultant shall perform the services required to fulfill the product specifi- cations for task 2.8. G. Support to the Pasco Future Commission (Product Specification Code 3.1): The consultant, in conjunction and cooperation as delineated in the Product Specification with the City Planner of Pasco and the Department of Community Development of Pasco, shall perform the services required to fulfill the product specifications for task 3.1. H. Support to the Determination of the Desired Future for Pasco (Product Specification Code 3.2): The consultant, in conjunction and cooperation as delineated in the Product Specification with the City Planner of Pasco and the Depart- ment of Community Development of Pasco, shall perform the services required to fulfill the product specifications for task 3.2. I. Support for the Community Wide Organization (Product Specification Code 3.3): The consultant, in conjunction and cooperation as delineated in the Product Specification with the City Planner of Pasco and the Department of Com- munity Development of Pasco, shall perform the services required to fulfill the product specifications for task 3.3. J. Support for the Alternative Goal Generation Process (Product Specification Code 3.4): The consultant, in con- junction and cooperation as delineated in the Product Spec- ification with the City Planner of Pasco and the Department page 2 of 7 of Community Development of Pasco, shall perform the services required to fulfill the product specifications for task 3.4. K. Support for the Generation of Policy Options (Product Specification Code 3.5): The consultant, in conjunction and cooperation as delineated in the Product Specification with the City Planner of Pasco and the Department of Commun- ity Development of Pasco, shall perform the services required to fulfill the product specifications for task 3. 5 In all of the above work elements, the precise stipulation of the products to be produced shall be the Product Specification, as amended under the adopted Policy Planning Program and approved by the City Planner of Pasco._ II TIME OF PERFORMANCE The schedule for performance of the tasks described in Section I shall be as specified in the referenced Product Specifications, except that in no case will the time of performance exceed December 31, 1977 unless this agreement is amended to reflect a different date. III PAYMENT The consultant shall be paid by the client for completed work for services rendered under this agreement as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered, and for all labor, materials, supplies equipment and incidentals necessary to complete the work. Payment for work accomplished shall be based on the percentage completion of each task and the cost of the total task as specified below. Invoices for services rendered will be submitted by the consultant at times mutually agreeable to both parties of this agree- ment, and shall document work accomplished and the percentage complet- ion of each task undertaken during the billing period. The amount due shall then be calculated as the percent completed times the total price less the amounts already paid, summed across all tasks undertaken. In no case, without amendment to this agreement, shall the total compensation exceed Twenty -Four -Thousand Dollars ($24,000.00). The cost of each task described in Section I of this agreement is as follows: A. Onging Management (Task 0.2) $3,000.00 B. Social Policy Analysis Tool (Task 1.4) $2,000.00 C. Economic Model (Task 2.1) $9,000.00 D. Regional Parameters (Task 2.3) $1,000.00 E. Fiscal Resources (.Task 2.7) $2,000.00 page 3 of 7 F. Resource Policy Analysis Tool (Task IV ASSIGNMENT OF CONTRACT The consultant shall not sublet or assign any of the work covered by this agreement without the express consent of the client. It is hereby agreed that any subcontractors on this program shall be subject to the review and approval of the client prior to entering into such subcontract. However, claims for money due or to become due from the Client under.this agreement may be assigned to a bank trust company or their financial institute without such approval. Notice of any such assignment or transfer shall be furnished promptly to the client. V LEGAL RELATIONS The consultant shall comply with all federal, state and local laws, regulations and ordinances applicable to the work to be performed under this agreement. The consultant does hereby release and agree to save the client harmless from any and all causes . of action, suits at law or equity, claims or demands or from any liability of any nature growing out of the wrongful or negligent acts of the consultant, its agents or employees occur- ring in the performance of this agreement. VI SPECIFIED PERSONNEL The consultant agrees to provide Roger A. Parker as technical director of all of the consultant's activities under this agreement. In the event that this individual is unable to perform his duties, for medical or other unavoidable reason, the consultant agrees to assign subject to approval of the client, personnel of equal responsibility and capability to the vacated position. VII PROPRIETARY RIGHTS The parties to this agreement hereby mutually agree that, if discoveries or inventions subject to protection by copyright or patent should result from the work described herein, all rights accruing from such discoveries or inventions shall be the sole property of the consultant. page 4 of 7 2.8) $2,000.00 G. Pasco Future Commission ('Task 3.1) $1,000.00 H. Desired Future Support (Task 3.2) $1,000.00 I. Community Organization (Task 3.3) $1,000.00 J. Alternative Goals (Task 3.4) $1,000.00 K. Policy Options (Task 3.5) $1,000.00 Total $24,000.00 IV ASSIGNMENT OF CONTRACT The consultant shall not sublet or assign any of the work covered by this agreement without the express consent of the client. It is hereby agreed that any subcontractors on this program shall be subject to the review and approval of the client prior to entering into such subcontract. However, claims for money due or to become due from the Client under.this agreement may be assigned to a bank trust company or their financial institute without such approval. Notice of any such assignment or transfer shall be furnished promptly to the client. V LEGAL RELATIONS The consultant shall comply with all federal, state and local laws, regulations and ordinances applicable to the work to be performed under this agreement. The consultant does hereby release and agree to save the client harmless from any and all causes . of action, suits at law or equity, claims or demands or from any liability of any nature growing out of the wrongful or negligent acts of the consultant, its agents or employees occur- ring in the performance of this agreement. VI SPECIFIED PERSONNEL The consultant agrees to provide Roger A. Parker as technical director of all of the consultant's activities under this agreement. In the event that this individual is unable to perform his duties, for medical or other unavoidable reason, the consultant agrees to assign subject to approval of the client, personnel of equal responsibility and capability to the vacated position. VII PROPRIETARY RIGHTS The parties to this agreement hereby mutually agree that, if discoveries or inventions subject to protection by copyright or patent should result from the work described herein, all rights accruing from such discoveries or inventions shall be the sole property of the consultant. page 4 of 7 However, the consultant agrees to and does hereby grant to all states, state agencies and political subdivisions and the United States Government irrevocable, nonexclusive, nontransferable and royalty - free license to practice each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as a part of the work under this agreement. VIII INSPECTION OF WORK The consultant grants to the client the right to review and inspect the work done hereunder, at any time convenient to the client. IX RECORDS The consultant agrees to maintain accounting records and other evi- dence pertaining to the costs incurred and to make the records available at all reasonable times during the contract period and for three years from the date of the final payment of Federal funds to the City with respect to this study. Such accounting records and other evidence per- taining to -the costs incurred will be made available for inspection by the City or any authorized representative of the Federal Government, and copies thereof shall be furnished if requested. X OWNERSHIP OF DATA All data, and analyses and summaries generated therefrom, resulting from the performance of the work herein, shall become the property of the client and shall be released to the client upon termination of this agreement or completion of all work to be performed hereunder. XI TERMINATION A. Termination of Contract for Cause: If the consultant should fail to fulfill in timely and proper manner his obligations under this agreement, or violate any of the covenents, agreements, or stipulations of this agreement, the client shall thereupon have the right to termin- ate this agreement by giving fifteen (15) days' written notice of such termination, and specifying the effective date thereof. In the event of such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other mater- ial prepared by the consultant under this agreement shall, at the option of the client, become its property, and the consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and materials. Notwithstanding the above, the consultant shall not be relieved of liability to the client for damages sustained by the client by virtue of any breach of the agreement by the consultant, and the client may withhold any payments to the consultant for the purpose of setoff until such time as the exact amount of damages due the client from the con- sultant has been determined. page 5 of 7 B. Termination for the convenience of the client: The client res- erves the right to terminate this agreement upon twenty (20) days written notice to the consultant for any reason whatsoever, with or without cause. C. In the event of termination of this agreement, the consultant shall be paid an amount which bears the same ratio to the total compen- sation as the services actually performed bear to the total services of the consultant covered by this agreement, less payments previously made: Provided however, that if less than 60o of the services covered by this contract have been performed upon the effective date of such termination, the consultant shall be reimbursed (in addition to the abo\e payment) for that portion of the actual out-of-pocket expenses (not otherwise under this contract).incurred by the consultant during the contract period which are directly attributable to the uncompleted portion of the services covered by this agreement. _ XII CONTINGENT FEES The -consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission percentage, brokerage fee, gifts, or any other consideration contingent upon or result- ing from the award or making of this contract. For breach of this war- ranty, the client shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee commission, percentage, brokerage fee, gift or contingent fee. XIII EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of work under this agreement, the consultant agrees as follows: A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, age, sex, or national origin. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, age, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or term- mination; rates of pay or other forms of compensation; and the sel- ection for training, including apprenticeships. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination part. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, age, sex or national origin. page 6 of 7 C. In the event of the consultant's noncomplience with the non- discrimination part of this agreement or with any of the said rules, regulations or orders, this agreement may be terminated in whole or in part and the consultant may be declared ineligible for further work in accordance with procedures authorized in Exe- cutive Order 11246 of September 24, 1965, as amended, and such other sanctions as may be imposed and remedies invoked as provided by law. IN WITNESS WHEREOF, the City of Pasco and Policy Sciences Incorporated have heretofore executed this contract on the date first written above. CITY OF PASC? r w . �LZ Z �.iJan Tidrick, A4ayor POLICY SCIENCES INCORPORATED Roger A. 95arker, President Approved as to form: Micheal Cooper, City Atto ey page 7 of 7