HomeMy WebLinkAbout1128 ResolutionM
RESOLUTION NO. 0 t
A RESOLUTION RELATING TO THE COMMUNITY DEVELOPMENT POLICY
PLAN AND AUTHORIZING EXECUTION OF A CONSULTANT AGREEMENT
IN CONJUNCTION THEREWITH.
WHEREAS, the .City of Pasco wishes to retain a consultant to
perform services in conjunction with the preparation of a Housing
Dynamics Study as part of the overall preparation of a Community
Development Policy Plan, and
WHEREAS, the City of Pasco deems the firm of Fred Utevsky,
a sole proprietorship, qualified to perform those services, and
WHEREAS, Fred Utevsky, a sole proprietor, warrants that he
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 Fred Utevsky, a sole proprietor, for the purpose of preparing
a Housing Dynamics Study in conjunction with the overall preparation
of the 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 it ouncil of the City of Pasco, Washington,
this day ofj� , 1977.
Jaff Tidrick, Mayor
ATTEST•
Evely s, D puty City Clerk
By: Peggy Mewes, Clerk's,'Representative
APPROVED AS
>TO FO
Michael E. Cooper, eity Attorney
AGREEMENT
This agreement, entered into this 18th day of October, 1977, by
and between the City of Pasco, Washington (hereinafter referred
to as the client) and Fred Utevsky, a sole proprietorship,
(hereinafter referred to as the consultant, to wit:
WIiEREAS, the client wishes to
services in conjunction with
Dynamics Study, and;
retain the consultant to perform
the preparation of a Housing
WHEREAS, the client deems the consultant uniquely qualified
to perform the services described herein, in view of the
precedent experience of key staff of the consultant in
designing the Housing Dynamics Study, 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 services,
except where explicitly 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 document, together with amendments, 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 document, 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. Housing Dynamics: An investigation of the economic and
social dynamics of the supply and demand for housing, resulting
in an understanding of the underlying housing problems and
opportunities. (Code 2.4)
1. Housing Stock Survey (code 2.4.1): Undertake a wind-
shield survey of the current housing stock and its
condition.
2. Assessed Valuation and Sales (code 2.4.2): Document
the assessed valuation patterns and sales prices of
homes in Pasco and in outlying suburban areas.
3. Cost Dynamics (code 2.4.3): Determine the dynamics of
W
housing price and document the relationships found.
4. Housing Demand Determination (code 2.4.4): Identify
and determine the dynamics of housing needs and demands
in Pasco, as a function of time.and supply.
5. Summary Documentation (code 2.4.5): Prepare a summary
memorandum which combines the analysis of need with the
dynamics of supply. Estimate and establish the reliability
of the estimate the need and.supply, along with the expected
life of the current stock.
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
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
agreement, and shall document work accomplished and the percentage
completion 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 Five -Thousand -Five -Hundred Dollars ($5,500.00)
Billing for services rendered.and substantiation of products completed
shall be submitted to Policy Sciences Incorporated for approval prior
to this acceptance by the City of Pasco.,
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 C . z, r c;
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 Fred Utevsky 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.
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
evidence 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 pertaining 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 here-
under.
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 terminate 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 material 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 consultant has-been determined.
B. Termination for the convenience of the client: The client
reserves 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
compensation 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 that 600 of the
services covered byt— tris contract have been performed upon the
effective date of such termination, the consultant shall be re-
imbursed (in addition to the above 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 resulting from the -award or
making of this contract. For breach of this warranty, 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 EMPLOY14ENT 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 termination; rates of pay
or other forms of compensation; and the selection 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.
C. In the event of the consultant's noncompliance 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
Executive Order 11246 of September 24, 1965, as amended, and
such other, sanctions as may be imposed and remedies invoked
as providd by law.
IN WITNESS WHEREOF, the City of Pasco and Fred Utevsky have here-
tofore executed this contract on the date first written above.
CITY OF PASCO
l/ ,
an Tidrick, Mayor
FRED UTEVSkY
•" l�j'`r .. lJ
Fred Utevsky
Approved as to form:
t
Mich4 a1 Cooper, City Attorney