The URL can be used to link to this page

Home My WebLink About1986-01-07; City Council; Resolution 83321 2 3 4 5 6 7 € s ZC 11 12 12 14 1: 1( 1: 1E 1E 2( 23 2: 2; 24 2f 2t 2: 2t RESOLUTION NO. 8332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR CONSULTING SERVICES ON BATIQUITOS LAGOON ENHANCEMENT PLAN WHEREAS, The City Manager and the City Council concur, that consulting on Batiquitos Lagoon Enhancement Plan must be made available in order for the City to fulfill its obligations; and WHEREAS, a satisfactory agreement to provide Consulting Services has been negotiated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement for consulting services on Batiquitos Lagoon Enhancement Plan, as shown in Attachment A, attached hereto and made a part hereof, is approved, and the Mayor is authorized to sign on behalf of the City. 3. That funds from Research Analysis professional services in the amount of TEN THOUSAND AND N0/100 DOLLARS Account No. 01-820-1610-2470 is hereby authorized and approved. ($10,000.00) PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of , 1988 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: MARY H. /.FASLER, Mayor & d PdAcZ4 ALETHA L. RAUTENKRANZ, City Cl$rk ( SEAL) .. AGREEMEBT FOR CONSULTING SERVICES THIS AGREEMENT, made and entered into as of the - /d* day of /dd -44-85~ by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and JOSEPH E. PETRILLO hereinafter referred to as "Consultant." RECITALS City requires the services of a Consultant for Batiquitos Lagoon enhancement plan: and Consultant possesses the necessary skills and qualif i- cations to provide the services required by City. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consclltant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consult ant shall : A. Assist the City Manager in representing the City's interests in working out an enhancement plan for Batiquitos Lagoon as outlined in the attached scope of work dated November 18, 1985. B. Coordinate and cooperate with various members of all City departments and various outside agencies as required. C. Prepare such correspondence and reports as may be required of each project as assigned by the City Manager. Progress reports to City Council shall be required monthly. 1 D. Attend such meetings of public or private groups as may be required by the City Manager. E. Be "on-call" to perform services at City Hall or at such other locations as the City Manager may designate. F. Provide transportation for all meetings. G. Maintain automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired automobiles. The combined single limit for bodily injury and property damage shall be not less than $300,000. 2. CITY OBLIGATIONS under the general direction of the City Manager and subject to the provisions of Section 9 of this agreement, the City shall: Make available to Consultant all records, reports, and other documents deemed necessary by Consultant to properly perform the services required by the City. 3. FEES TO BE PAID TO CONSULTANT A. Under the general direction of the City Manager and subject to the provisions of Section 9 of this agreement, the City shall compensate Consultant for services performed under Article 1 above, at a rate of $4,000 per month. B. Transportation shall be provided by the Consultant. C. Actual and necessary expences shall be reimbursed not to exceed $1,000 per month subject to approval of the City Manager . D. The maximum amount payable under this contract is . $10,000.00. 2 .. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement shall be paid within twenty (20) days of delivery of monthly billing based on time and materials expended, provided, however, that no fees shall be paid until the bill has been verified and approved by the City Manager. Payment of any fees pursuant to this section shall not constitute a waiver by City of any breach of any part of this agreement. 5. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. In such cases, the action of the City Manager shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 3 6. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional service only, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations Consultant may make in the course of the project. 7. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering ten (10) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble all City documents in the Consultant's possession and put same in order for proper filing . and closing and deliver said documents to City. In the event of termination, the Consultant shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 8. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under the direction and control of the City Manager only as to the assignment, of tasks, the result to be accomplished and the personnel assigned . to the project. The Consultant shall consult with the City Manager as necessary to ensure compliance with this agreement. 4 9. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, correspondence, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one ( 1 ) copy of the documents for his records. 10. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 11. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. -. 5 '' . .. . -. 12. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract . 13. SUCCESSORS OR ASSIGNS All terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 14. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 15. CONFLICT OF INTEREST If required by the Carlsbad local Conflict of "Interest Code the Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. IH WITNESS WHEREOF, we have hereunto set our hands and seals. A, CITY OF CARLSBAD: b-' JfiSEPH E. PETRILLO MARY H. ,JEASLER, Mayor ALETHA L. RAUTENKRANZ ~ - -~ City Attorney City Clerk b