Loading...
FEMA Hazard Mitigation Plan-PVPC-contract-WF11-1-2019Contract Number: Budget Code: Vendor Number: CITY OF NORTHAMPTON, MASSACHUSETTS Agreement between City of Northampton, through its Office of Planning & Sustainability, and The Pioneer Valley Planning Commission (PVPC) for professional services THIS AGREEMENT made ________, 2019 by and between City of Northampton, MA (CITY), acting through its Office of Planning & Sustainability, 210 Main St., Northampton, MA 01060 and Pioneer Valley Planning Commission (PVPC), 60 Congress Street, Springfield, MA 01104. CITY hereby agrees to engage PVPC and PVPC hereby agrees to perform the services hereinafter set forth in connection with the projects (hereinafter called the PROJECT). CITY and PVPC in consideration of their mutual covenants herein agree in respect of the performance of professional services by PVPC and the payment for those services by CITY as set forth below. PVPC shall provide professional services for CITY in all phases of the Project to which this Agreement applies, serve as CITY’S professional representative for the Project as set forth below and shall give consultation and advice to CITY during the performance of services hereunder. BASIC SERVICES OF PVPC PVPC shall perform all necessary professional services necessary to update Northampton’s FEMA Multi-Hazard Mitigation Plan, subject to direction from the Office of Planning & Sustainability and with input from the City’s project steering committee. The specific scope of services includes: Draft the plan working with Planning and Sustainability and the city’s steering committee, including six working meetings with the steering committee and two public forums (which may be scheduled back-to-back with steering committee meetings). Include all steps required by FEMA for such plans up to and including obtaining final FEMA approval. Actively engage Northampton frontline communities, the environmental justice areas that will be most adversely affected by disasters. Build on the findings from Northampton’s Municipal Vulnerability Program (MVP) hazard assessment and conclusions, and from Northampton’s MVP Northampton Designs with Nature action steps. Request any files and information needed from the City. Either complete the plan prior to the expiration of the City’s current plan (August 2, 2020), or obtain any necessary extensions or relief so that city FEMA funding for any project is not threatened. Upon completion of the basic services, all plans and documents shall be turned over to the CITY and may be reproduced, distributed, or altered by the CITY. PAYMENTS TO PVPC CITY shall pay PVPCfor these services a fee of $25,000.The fee shall not be increased unless a contract amendment increases the scope of work. PVPC shall submit a monthly invoice for Basic Services rendered up to the total amount of the contract, with a 10% retainage for the completion of the project and the final plan acceptance by FEMA and the CITY. Payment will be due to the PVPC within sixty days of submittal to the CITY. Controlling Law: This Agreement is to be governed by the General Laws of Massachusetts. Successors and Assignees: CITY AND PVPC each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other part to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement.Neither CITY nor PVPCshall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except that the effect of this limitation may be restricted by law. Unless specifically to the contrary in any written consent to an assignment, no assignment will release or discharge the assignors from any duty or responsibility under this Agreement.Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CITY and PVPC. INSURANCE: PVPC will attach and make a part of this agreement a Certificate of Insurance showing coverage for Worker’s Compensation in the amounts required by statue and coverage for Professional Liability in the amount of $50,000.00 or the fee for basic services, whichever is greater. Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.I further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full. The vendor does not have a Northampton office. The City of Northampton is not bound by this contract until approved by the Mayor of Northampton. IN WITNESS WHEREOF the CITY caused these presents to be signed in triplicate and approved by David Narkewicz its Mayor and the said Consultant has caused these presents to be signed in triplicate and its official seal to be hereto affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall take effect as a sealed instrument. Please attach authorization the PVPC signatory is authorized to sign contract. PVPC: Authorized signatureTitleTaxpayer IDDATE CITY OF NORTHAMPTON: Wayne Feiden, FAICP, Director of Planning & Sustainability Joyce Karpinski, City Auditor, as to appropriation Joe Cook, Chief Procurement Officer, as to c. 30B compliance David J. Narkewicz, Mayor