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HomeMy WebLinkAbout1975-01-21; City Council; 3277; Encina Water Pollution Control Facility Administrative StudyTHE CITY OF CARLSBAD, CALIFORNIA JHisf~ Agenda Bill No. jQ7/ 0 Date Jan. 21, 1975 Referred To: -3*'' Subject:Submitted By: Encina Water Pollution Control Facility Public Works administrative study Administrate^- Statement of the Matter The contract for the subject study has been signed by H.B. Maynard and Company and the City Attorney has approved it as to form. Each member agency of the joint system has authorized participation in the contract. The cost of the $9200 study is to be paid by each of the six member agencies in one-sixth shares. Monies will be appropriated from the Consulting Services account of the JAC budget. Exhibit 1. Report to City Manager by Public Works Admin dated Jan. 9, 1975 2. Copy of contract;- 3. Resolution No-^^/Tapproving agreement, authorizing Mayor to sign, Staff Recommendations to City Manager Staff recommends that the City Council approve the contract_and authorize the Mayor to sign, and adopt Resolution No. - 1. , , I AB-Wo. " . Pater Jan. 21, 1975 City Manager's Recommendation Concur with staff recommendation. Council Action . 1-21-75 • Resolution #3577 was adopted, approving agreement for Encina Water Pol 1 ution Control -Faci 1 ity Administrative Sturdy, and authorizing Mayor-to sign s.ame. REPORT January 9, 1975 TO: City Manager FROM: Public Works Administrator SUBJECT: Encina Water Pollution Control Facility administrative study At the Council meeting of November 19, 1974, the City Council authorized participation by Carlsbad in the referenced study. In our role as administrator for the joint facility, we are required to execute the contract. Attached is a copy of the contract. It has been approved as to form by the Attorney and each member agency will be responsible for one-sixth of the $9200 study ($1533.33 each). The total amount will come from the JAC budget for Consulting Services fees. A letter has been sent to each agency requesting specific authority to expend these amounts and to deposit funds if necessary into the Consulting Services account. It is staff's recommendation that the City Council approve the contract and authorize the Mayor to sign. Ronald A. Beckman RAB/de attach. 2 5 ii 6|i;i 7 II 10 11! 12 13 14!! I 17 i 18 19 20 21 22 23 24 25 26 27 28! AGREEMENT FOR MANAGEMENT STUDY THIS AGREEMENT made and entered into this 21st day of I January • 1975, by and between the CITY OF CARLSBAD, a municipal j i corporation, hereinafter referred to as "City", and H.B. MAYNARD AND COMPANY, INC., a California corporation, hereinafter referred to as "Consultant": WITNESSETH : WHEREAS, City is the Administrator, pursuant to certain agreements entered into by the participants in a joint sewer system, of the Encina Water Pollution Control Facility and Ocean Outfall (hereinafter referred to as "Encina"); and WHEREAS, said participants in Encina desire to obtain a com- prehensive, thorough and professional study of the organization, operation and management of Encina; and WHEREAS, Consultant has submitted a proposal dated-October 16, 1974 and amendment thereto dated November 22, 1974 in response to a request for proposals dated September 25, 1974; and WHEREAS, Consultant is well qualified by reason of education and experience to perform the services required to produce such a study; and WHEREAS, City wishes to contract for performance of such services pursuant to said proposal and amendment on behalf of all participants in Encina; NOW, THEREFORE, the parties hereto hereby agree as follows: - 1 - . i! 2jiARTICLE I. SCOPE OF WORK• 3| The services to be performed by Consultant pursuant to this • !! '4j;agreement include a comprehensive, thorough and professional !!i . ! 5Lstudy of the management, financial and political operations of1i i jj . ; SiiEncina, together with a comparison of each of such elements to an 'ii •• . i!i7 j| ideal model and definite recommendations as to methods of improve- '. 8 ||ment. I Such services include specifically, but are not necessarily 10 11 12 13 14 15 16! 17 18 19 20 21 22 .23\ 24 25 26 27 28 limited to the following: ' ' I 1^ A detailed analysis and evaluation of current costs, J ! procedures and practices identifying each function and acti- ji vity of each participant, the Operator and the Administrator • I; leading to the development of an efficiency evaluation and ; an up to date organization chart and flow chart analyzing and!.'" • ... . . . . ...... i depicting current paperwork and information flows. In order j i to produce same Consultant shall interview representatives j and review records, accounts and documents of the Administra-i | tor, Operator, project administrators and all participants in! order to review and analyze present, past and potential con- ditions. 2. Design of functional, compact"and efficient operating agency which will retain the ability of each participant to act independently, analyze the levels of competence of the various personnel involved and relate the appropriate com- pensation, fringe benefits and other expenses and estimate the comparative costs associated with the new agency design, j 3. A detailed comparison of the new agency with the current - 2 - ' 1!' // j: ! 2 j situation quantifying the cost and other differences as welli 3JI as consideration of alternatives. 4l; - 4. Recommendations as to if, when, where and how changes 5|j should be made, including changes.in the existing agreements, J! 6J| and legislation, if necessary.- ! i 7jjARTICLE II. MANNER OF PERFORMANCE AND PARTICIPANT ASSISTANCE 8j: 1. All participants will co-operate fully with Consultanti9(! in granting interviews with their appropriate representatives and 10 11 12 13 14 15 16 j permitting review of all necessary documents, records, accounts and other papers. 2. Consultant shall assign John F. Spear as the Project Mana- i ger for the study, and he will have primary responsibility for managing the study and producing the report. Any change in the Project Manager shall be only upon agreement of both parties. 3. The final report to be furnished by Consultant is subject 17!|'to the approval of City, and the decision of City shall be final 18 19 20 21 22 23 24 25 26 27 28. regarding the suitability and acceptability of the report. Any necessary reasonable revision shall be done at the expense of I Consultant. ARTICLE III. PROGRESS AND PAYMENT The parties hereto mutually agree that time is of the essence of this .agreement, and Consultant hereby agrees to pro- vide the final report within sixty (60) days after execution of this agreement. The total fee to be paid by City to Consultant for all services performed pursuant to this agreement shall be Nine Thousand Two Hundred Dollars ($9,200.00) , payable as follows: 1 j! I 2! 4!;i •i! 5li 8 i 10 11 12 13 14 15 16 17 18 19 20 21 22 23\ 24 25 26 27 28 Upon submission of the final report $4,600.00 Upon acceptance of the final report by City 4,600.00 TOTAL: $9,200.00 ARTICLE IV. MISCELLANEOUS PROVISIONS 1. City may terminate this agreement at any time upon ten j (10) days' written notice to Consultant. In such event, City ! shall pay Consultant a total fee in an amount which bears the j j same relationship to the total fee payable pursuant to Article III' that the amount of work performed by Consultant prior to such J itermination bears to the total work to be performed by Consultant | pursuant to this agreement. j 2. All records, studies, accounts, documents, and.written j ii material utilized or produced in performing this agreement are the property of City, whether the work for which they are made is to be executed or not, and in the event this agreement is terminated, shall be delivered forthwith to City. 3. Consultant shall perform the services provided for herein in its own way as an independent contractor and in the pursuit of its independent calling, and not as an employee of City; and it shall be under the control of City only as to the result to be accomplished, and not as to the means or manner by which such result is to be accomplished. 4. City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or for any damage to goods, properties, or effects of any person whatever, nor for personal injuries to or death of them, or any of them, - 4 - ily/ 21 caused by or resulting from or claimed to have been caused by or 3; resulting from any act or omission of Consultant, or its agents, 4! employees, or representatives. Consultant further agrees to 5:. indemnify and save free and harmless City and its authorized • 6; agents, officers, and employees against any of the foregoing lia- 7; bilities and claims therefor, and any cost and expense that is ! 8; incurred by City on account of any claim therefor. i Q, 5. Consultant shall not assign this agreement or any part | 10i thereof or any monies due or to become due thereunder without the i 11 prior written consent of City. 12 < 6. If Consultant shall subcontract any of the work to be 13 performed under this contract by Consultant, Consultant shall be I • ' '14 j! fully responsible to City for the acts and omissions of their 15 subcontractor and of the persons either directly or indirectly I * - .i 16i! employed by their subcontractor, as they are for the acts and 17 18 19 20 21 22 23 24 25 26 27 28 omissions of persons directly employed by them. Nothing contained! i in this contract shall create any contractual relationship between1 i any subcontractor of Consultant and City. Consultant shall bind | I ' every subcontractor and every subcontractor of a subcontractor.by j I the terms of this agreement applicable to its work unless specifi- cally noted to the contrary in the subcontract in question and approved in writing by City. 7. No official of City who is authorized in such capacity and on behalf of City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any agreement or any subcontract, shall become directly or indirectly, interested personally in this agreement or in any part thereof. - 5 - 21| No officer, employee, architect, attorney, engineer, or inspector i! .M3|!of or for City who is authorized in such capacity and on behalf of 4f!City to exercise any executive, supervisory, or other similar- i 5i;functions in connection with the performance of this agreement 6;! shall become directly or indirectly interested personally in this 7 |: agreement or any part thereof. ji 8|i 8. No verbal agreement or conversation with any officer, I, 9hagent, or employee of City, either before, during or after the | 10H execution of this agreement, shall affect or modify any of the 11 12 13 14 15 16 17 18 19 23'V 24 25 26 27 28 ! terms of obligations herein contained, nor shall such verbal agreej- i I I ment or conversation entitle Consultant to any additional payment j! i whatsoever under the terms of this agreement. j I . I i 9. Subject to the provisions of Section 5 above, all terms, ! I • : conditions, and provisions hereof shall 'inure to and shall bind ; J ieach of the parties hereto, their, and each of their respective \ i heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, such parties have executed this instru- ment on the day and year first above mentioned. ATTEST:CITY OF CARLSBAD, CALIFORNIA MARGARET E. ADAMS ,c City Clerk ,<>..- y APPROVED AS TO FORM: /> ^ /~) ROBERT C. FRAZEE / «ayor H.B. MAYNARD AND COMPANY, INC, By Title }.02. _ Vincent F. Biondo, Jr. City Attorney - 6 - RESOLUTION NO. 3577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND H. B. MAYNARD AND COMPANY, INC. FOR MANAGEMENT STUDY FOR ENCINA WATER POLLU- TION CONTROL FACILITY AND OCEAN OUTFALL ~ AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT. SAID The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and H. B. Maynard and Company, Inc. for a management study for Encina Water Pollution Control Facility and Ocean Outfal a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 21st day of January , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis and Skotnicki NOES : None ABSENT: None a \L- \ ROBERT C. FRAZEE, Mzfor ATTEST : ( SEAL?