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HomeMy WebLinkAbout1989-03-07; City Council; 9888; APPROVAL OF CONSULTANT AGREEMENT FOR DOCUMENT PROCESSING SERVICESa- Y J APPROVAL OF CONSULTANT AGREEMENT FOR Adopt Resolution No. 8? -b Y approving a Consultant Agreement for Docume Processing Services. ITEM EXPLANATION: The Engineering Department presently requires the services of a Docume Processing Consultant on an as needed basis due to staff turnover. 1 Consultant's main responsi bi 1 i ty wi 11 involve processing various devel opmc security documents such as bonds, letters of credit and cash depo: agreements. The consultant will also be instrumental in obtaining the timc re1 ease of securities. A request for proposal was made and responses were received from 4 firn These firms responded that they would provide document processing services i the following rates: Fraser Engineering - $32.00 per hour Del Mar Technical Services - $16.51 or $31.75 per hour Helming Engineering - $16.00 or $25.00 per hour Yvonne Merritt, a sole proprietor - $16.00 per hour Based on these proposals, staff recommends that Council approve a Consult: Agreement with Yvonne Merritt for provision of document processing servic at the rate of $16.00 per hour. Ms. Merritt is currently providing thc services as a pl ancheck technician under an agreement with Helming Engineer- at $25.00 per hour. FISCAL IMPACT: Sufficient funds are available in the 1988-89 Engineering Department Bud! to obtain the necessary consultant services. a w E Q 1. Resolution No. 89-bq approving an agreement for the provision 5 !k document processing services. .. 2. Consultant Agreement for Document Processing Services. z 0 F 0 =! a 0 2 3 0 0 *. '. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 w RESOLUTION NO. 89-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR DOCUMENT PROCESSING SERVICES. WHEREAS, the City Manager recommends and the City Council concurs Consultant document processing services must be made available in order fo City to fulfill its obligations; and WHEREAS, a satisfactory agreement with Yvonne Merritt, a sole propri has been negotiated and; WHEREAS, sufficient funds are available in the 1988-89 Engine Department budget; NOW, THEREFORE, be it resolved by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. 2. That an Agreement between the City of Carlsbad and Yvonne Mer a sole proprietor, for provision of document processing services, a copy of is attached (Exhibit 2) and made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorize directed to execute said agreement for and on behalf of the City of Carlst PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac Council held on the 7th day of March , 1989 by the following vo- wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and La1 NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerld (SEAL) 0 w *- CONSULTANT AGREEMENT FOR DOCUMENT PROCESSING SERVICES THIS AGREEMENT, made and entered into as of the /'& day of c7ktcLu , 1989, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and YVONNE MERRITT, a sole proprietor, hereinafter referred to as "Consultant. I' RECITALS City requires the services of a map document consultant to provide the necessary services for the processing and releasing of security documents; and other services that may be required; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. WORK SITE The Consultant shall perform the office portion of her duties at City facilities during the hours directed by the City. 6. PROCESSING DOCUMENTS Consultant shall examine documents pertaining to major and minor subdivisions for form, content and execution for approval by City Council and/or City Clerk. These documents will include but not be limited to security documents and re1 eases, deeds, easements and mi scel 1 aneous resol uti on of approval i terns. a w 2. CITY OBLIGATIONS A. City shall provide Consultant with reference materi a1 s regarding City policies, standards and codes necessary for determining compl i ance of documents. Consultant shall have access to files and recwds pertaining to prajeets being processed. B. City shall provide Consultant with working space, telephone, desk and chair at the City facility designated by the City Engineer. C. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to assign projects for processing to Consultant, to perform assignments with its own forces, or to assign project processing to another consul ti ng f i rm. 3. FEES TO BE PAID TO CONSULTANT Consultant shall be paid at the rate of sixteen dollars ($16.00) per hour worked. Changes in the Consultant’s hourly rate schedule must be submitted to the City Engineer thirty days prior to its effective date. A time sheet shall be maintained by the Consultant indicating when she was at work. 4. PAYMENT OF FEES On the first working day of each month, Consultant shall submit its invoice for the work performed during the prior month. Payment of approved items on the invoice shall be mailed to the Consultant prior to the 25th day of the month the invoice was submitted. 5. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work as provided for in this Agreement, the City may terminate this Agreement for nonperformance by notifying the Consultant by certified mail of the termination of the Agreement. Final payment shall be in compliance with the Code 2 e w *. of Federal Regul at i ons . 6. 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 Agreement, shall be reduced to writing by the Consultant or the City Engineer. 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 Engineer or Consultant receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 7. RESPONSIBILITY OF THE CONSULTANT ! The Consultant is hired to render professional services to perform document processing and any payments made to Consultant are compensation solely for such services. 8. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to 3 0 w the City. performed to the termination date. 9, STATUS OF THE CONSULTANT In the event of termination, the Consultant shall be paid for work 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 control of the City only as to the result to be accomplished but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this Agreement shall be the full and complete compensation to which the Consultant is entitled pursuant to this Agreement. The City shall not make any federal or state tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, workers compensation payment which the City may be required to make on behalf of Consultant for work done under this Agreement. 10. OWNERSHIP OF DOCUMENTS All studies, drawings, reports, forms 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 Agreement is terminated, all documents, drawings, forms, reports and studies shall be delivered forthwith to the City. 11, HOLD HARMLESS AGREEMENT 0 The City, its agents, officers, and employees shall not be liable for any claims, goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or resulting from any negligent act or omission of Consultant. Consultant agrees to defend, indemnify, and save free and harmless 4 0 w the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities including liabilities or claims by reason of defects in any documents, unless the liability or claim is due, or arises out of the City’s negligence. 12. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or any monies due thereunder without prior written consent of the City. 13. 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 Agreement or any part thereof. 14. 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 Agreement, 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 Agreement. 15. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 11, “Hold Harmless Agreement,” all terms, conditions, and provision hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 5 4 e w 16. EFFECTIVE DATE Jhjs Agreement shall be effective on and from the day and year first above written. 17. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. The Consultant shall immediately notify the City Engineer of any circumstances which may lead to a conflict of interest. 18. INSURANCE The Consultant shall obtain and maintain a policy of comprehensive general liability insurance from an insurance company authorized to be in business in the State 'of California, in an insurable amount of not less than one million dol 1 ars ($1,000,000.00) per occurrence and annual aggregate. Thi s i nsurance shall be in force during the life of this agreement and shall not be cancelled without thirty (30) days prior notice to City. The City shall be named as an additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. 19. EXTRA WORK The Consultant, in performing her services, shall not do extra work in excess of this agreement without the written permission of the City or its designated representative. 20. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 6 . m w 21. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Agreement by the Consultant, Consultant shall be fully responsible to the city for the acts and omission of Consultant’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 22. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that she has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach of violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7 A 0 w . IN WITNESS WHEREOF, we have hereunto set out hands and seals. CITY OF CARLSBAD BY: :$T- h!.d~~2$ YVONNE MERRITT APPROVED AS TO FORM: ATTESTED : ALETHA RAUYENKRANZ City Clerk I 8