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Home My Public Portal About2018.04.01 Kushlan Associates ConsultantPROFESSIONAL SERVICES AGREEMENT On -Call Services TITLE: On -Call Services PROFESSIONAL SERVICES AGREEMENT This agreement is entered into on the date listed below between the McCall Redevelopment Agency of McCall, Idaho hereinafter referred to as "AGENCY" whose address is 216 East Park Street, McCall, ID 83638, whose telephone number is (208) 634-5229, and Kushlan I Associates, hereinafter referred to as "CONSULTANT", whose office is Post Office Box 8463, Boise, ID 83707, whose business phone number is (208) 433-9352. Section 1. Consultant Services. CONSULTANT will be available to perform services on behalf of the AGENCY on an "on -call" basis at the direction of the Community and Economic Development Director of the City of McCall. Such direction shall be provided in the form of a written Task Order, similar to the example shown in Attachment A detailing the tasks to be accomplished, deliverables expected and anticipated cost and timeline if known. Section 2. Schedule CONSULTANT shall be in a position to offer services from April 1, 2018 and shall continue to a time acceptable to the "AGENCY". However, the performance of any Services shall not continue past December 31, 2019 unless an extension of time is approved by the "AGENCY". Section 3. Compensation. For its Services, the "AGENCY" agrees to pay CONSULTANT on an hourly basis, and for all expenses related to travel, printing, postage and advertising as detailed on Attachment B. Section 4. Method of Payment; Periodic Payments. A. CONSULTANT shall invoice the "AGENCY" no more than once per month. B. All invoices shall be paid by "AGENCY" within thirty (30) days of receipt of a proper invoice. C. CONSULTANT shall keep time and expense records, other cost records and accounts pertaining to this agreement, available for inspection by "AGENCY" representatives for three (3) years after final payment. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the agreement, CONSULTANT will correct or modify the work to comply with the agreement. The "AGENCY" may KUSHLAN AGREEMENT 1 withhold payment for such work until the work meets the requirements of the agreement. Section 5. Discrimination and Compliance with Laws A. In performing the Services required herein, CONSULTANT agrees not to discriminate against any person in the performance of this agreement because of race, color, religion, sex, national origin, age or non job related handicap, or because of prior military service or current military status, and shall comply with all applicable federal and state laws and regulations of governmental agencies relating to civil and human rights. B. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this contract. C. Violation of this section 5. shall be a material breach of this agreement and grounds for cancellation, termination, or suspension of the agreement by the "AGENCY" , in whole or in part, and may result in ineligibility for further work for the "AGENCY". Section 6. Term and Termination of Agreement A. This agreement shall be effective upon signing and shall remain in effect until December 31, 2019 unless extended, or until terminated in accordance with paragraph B. of this section. B. This agreement may be terminated by either party without cause upon thirty (30) days written notice, in which event all finished or unfinished. documents, reports, or other material or work of CONSULTANT pursuant to this agreement shall be submitted to the "AGENCY", and CONSULTANT shall be entitled to just and equitable compensation at the rate set forth in Section 3. for any satisfactory work completed prior to the date of termination. Section 7. Ownership of Work Product All data, materials, reports, memoranda, and other documents developed under this agreement shall become the property of the "AGENCY", shall be forwarded to the "AGENCY" at its request and may be used by the "AGENCY" as it sees fit. Section 8. General Administration and Management . The Community and Economic Development Director of the City of McCall shall oversee and approve all services to be performed, coordinate all communications and review and approve all invoices, under this agreement. Section 9. Hold Harmless A. CONSULTANT shall protect, defend, indemnify and save harmless the "AGENCY", its officers, employees and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of CONSULTANT, its officers, employees and agents in performing this agreement. KUSHLAN AGREEMENT . B. "AGENCY" shall protect, defend, indemnify and save harmless CONSULTANT, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the "AGENCY", its officers, employees and agents in performing this agreement. Section 10. Independent Consultant In all matters pertaining to this Agreement, CONSULTANT shall be acting as an independent CONSULTANT, and will not be deemed an employee or agent of the "AGENCY". Section 11. Subletting or Assigning Contract Neither the "AGENCY" nor CONSULTANT shall assign, transfer, or encumber any rights, duties, or interests accruing from this agreement without the express prior consent of the other. Section 12. Extent of Agreement/Modification This agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements either written or oral. This agreement may be amended; modified; oradded to only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, "CITY" and CONSULTANT have executed this Agreement as of yo ,2018 Principal KUSHLAN AGREEMENT The McCall Redevelopment Agency By: Rick Fereday, Chair a 3 Attachment A McCall Redevelopment Agency Task Order Task Order # Date: Project Title: Project Description: Expected Deliverable: Anticipated. Timeline (If known): Anticipated Cost: By: Consultant By: McCall Redevelopment Agency Principal Chairman April io, 2018 McCall Urban Renewal Agency Urban Renewal District Development Scope of Work For Consulting Services Kushlan I Associates April 2018 Task MURA 1A: Consultant will support URA Staff and Board of Commissioners in defining an area to be analyzed with respect to its eligibility for establishing a second urban renewal district in McCall. Estimated Time: 10 Hours Estimated Cost: Not to Exceed $1,500 Task MURA 113: Consultant will prepare required Eligibility Report comparing the circumstances existing in the Study Area defined in Task MURA 1A with the statutory requirements for creating an urban renewal district in Idaho. Consultant will meet with MURA Staff and Commission and the City Council in support of their consideration of the Report findings. Estimated Time: 50 hours Estimated Cost: Not to Exceed $7,500 Task MURA 10, If, based upon the findings of the Eligibility Report prepared under Task MURA 1B, the Agency and City Council direct the creation of an Urban Renewal Plan, consultant will prepare the required economic feasibility report to be included as part of the Plan. Consultant will work with City and Agency staff in defining a specific plan of improvements and development assumptions impacting the financial feasibility of the proposed district. Estimated Time: 65 Hours Estimated Cost: Not to Exceed $9,750 Attachment B Rates Phillip KushIan $150.00 / hour Travel Time 50% of hourly rate Mileage per federal reimbursement rate — currently $0.545 / mile Other travel Actual cost w/o markup McCall Redevelopment Agency April io, 2018 Task Order Task Order MRA 2018-1 Date: April 1, 2018 Project Title: Urban Renewal District Development Project Description: Task 1A: Consultant will support MRA Staff and Board of Commissioners in defining an area to be analyzed with respect to its eligibility for establishing a second urban renewal district in McCall. Task 1B: Consultant will prepare required Eligibility Report comparing the circumstances existing in the Study Area defined in Task MRA 1A with the statutory requirements for creating an urban renewal district in Idaho. Consultant will meet with MRA Staff and Commission and the City Council in support of their consideration of the Report findings. Task 1C: If, based upon the findings of the Eligibility Report prepared under Task MRA 1B, the Agency and City Council direct the creation of an Urban Renewal Plan, consultant will prepare the required economic feasibility report to be included as. part of the Plan. Consultant will work with .City and Agency staff in defining a specific plan of improvements and development assumptions impacting the financial feasibility of the proposed district. Expected Deliverable: 1A: Agreed Upon Study Area for Proposed Urban Renewal District 1B: Eligibility Report 1C: Attachment 5 to Urban Renewal Plan Anticipated Timeline (If known): Work under this Task Order to be concluded by December 31, 2018 Anticipated Cost: 1A: Define Study Area: Not to Exceed $1,500 plus direct expenses 1B: Eligibility Report: Not to Exceed $7,500 plus direct expenses 1C: Attachment 5: Not to Exceed $10,000 plus direct expenses By: Consultant By: McCall Redevelopment Agency April io, 2018