Loading...
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