2004/08/25 Council Agenda Packet

4 TECHNICAL ASSISTANCE AGREEMENT This Technical Assistance Agreement is made and entered into this day of August, 2004, by and between THE CITY OF EVERETT, WASHINGTON, a Washington State, governmental unit, whose address is 2930 Wetmore Avenue, Everett, Washington 98201 (hereinafter called "Client"), and the NATIONAL DEVELOPMENT COUNCIL, a New York non-profit corporation, which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, whose address is 51 East 42nd Street, Suite 300, New York, New York 10017 (hereinafter called "NDC"); WITNESSETH: WHEREAS, the Client has determined that it needs the professional services of an adviser to work with the Client to assist it in achieving its public goals of developing and implementing an affordable housing and economic development project, and WHEREAS, NDC is willing to provide, on such terms and conditions as are hereinafter provided, technical assistance to the Client utilizing its expertise in economic and community development finance. NOW THEREFORE, the Client and NDC do hereby agree as follows: I. SCOPE OF SERVICES The Client acknowledges that NDC regularly performs services for various clients located across the United States. The purpose of this Agreement is to set forth the terms upon which the NDC will provide the Client with assistance it has requested which is generally described as project-based technical assistance services for the Client's community and economic development efforts. NDC agrees to perform such services as are requested from time to time by the Client and to provide such services as it deems necessary to accomplish the goals requested. Exhibit A attached hereto fully describes the services to be offered to the Client by NDC. In performing the requested services, NDC shall consult with officers and employees of the Client and shall meet, as appropriate, with such representatives or other entities when necessary, including without limitation, State and Federal officials and other local organizations. II. DURATION, TERMINATION NDC agrees to commence work for the Client effective on August 1, 2004 and shall continue providing technical assistance for twelve (12) months. Either party may, at any time, terminate this Agreement with or without cause by sending written notice to the other party, in which event this Agreement shall be terminated effective 30 (thirty) days after receipt of such notice. This Agreement can be renewed for an additional six (6) months, or duration as agreed to by the Client and NDC, upon the conclusion this Agreement. TECHNICAL ASSISTANCE AGREEMENT-Page 1 n 0