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HomeMy WebLinkAbout1975-01-21; City Council; Resolution 3578RESOLUTION NO. 3578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT AMONG VISTA SANITATION DISTRICT, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, LEUCADIA COUNTY WATER DISTRICT, ENCINITAS SANITARY DISTRICT FOR CONNECTION TO AND DISCHARGE INTO JOINT SEWER SYSTEM BY ENCINITAS SANITARY DISTRICT AND LEUCADIA COUNTY WATER DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. - The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement among Vista Sanitation District, City of Carlsbad, Buena Sanitation District, San Marcos County Water District, Leucadia County Water District, and Encin- itas Sanitary District for connection to and discharge into Joint Sewer System by Encinitas Sanitary District and Leucadia County Water District, 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 and Lewis NOES: Councilman Skotnicki ABSENT: None 1 > / ATTEST : (SEAL) AG€?EZMENT FOR MANAGEMENT STUDY 1 1 1 1 1 1 2 2 2: 2: 21 2f 2f 2; 2E 5; I/ 6il 7 corporation, hereinafter referred to as "City", and HOB, MAYNARD 8 ji AND COMPANY, INC , a California corporation, hereinafter ref erred THIS AGREEMENT made and entered into this Zlst day of January , 1975, by and between the CITY OF CARLSBAD, a municipal 1 i' I 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 submikted a proposal dated-October I 1974 and amendment thereto dated November 22, 1974 in response tc a request for proposals dated September 25, 1974; and WHEREAS, Consultant is well qualified by reason of educatior 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 2 2: -2: 21 2: 5 2c 27 2E II I 1) ; i I ~~IARTICLE I. SCOPE OF WOLW I The services to be performed by Consultant pursuant to this agreement incluc?e a comprehensive, thorough and professional . ; study of the management, financial and political operations of Encina, together with a comparison .of each of such elements to an 11 I I 1 I 7 'ideal model and definite recommendations as to methods of improve- /# I! I Such services include specifically, but are not necessarily I I 1 limited to the following: I i 1. A detailed analysis and evaluation of current costs, procedures and practices identifying each function and acti- vity of each participant, the Operator and the Administrator leading to the development of an efficiency evaluation and an up to date organization chart and flow chart analyzing and i I I I depicting current paperwork and information flows. In order I and review records, accounts and documents of the Administra-c I tor, Operator, project administrators and all participants in! ! to produce same Consultant shall interview representatives ! i ; 1 order to review and analyze present, past and potential con- ditions. 2. 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. Design of functional, compact-and efficient operating 3, A detailed comparison of the new agency with the current 1 1 1 1 1 -1 1 1 1; I! 2( 2 2: 2: 2r 2: 2E 27 2E // as consideration of 4. Recomiendations should be made, inc 0 situation quantifying the cost and other differences as well I I alternatives. as to if, when, where and hsw changes i I uding changes .in the existing agreements, ' and legislation, if necessary, ARTICLE 11. MANhTER OF PERFOWLANCE AND PARTICIPANT ASSISTANCE I i 1. All participants will co-operate fully with Consultant I in granting interviews with their appropriate representatives and i permitting review of all necessary documents, records, accounts i and other papers. 2, Consultant shall assign John F. Spear as the Project Mana- i i ger for the study, and he will have primary responsibility for managing the study and producing the report. Project Manager shall be only upon agreement of both parties. Any change in the 3. The final report to be furnished by Consultant is subjecl to the approval of City, and the decision of City shall be final regarding the suitability and acceptability of the report, necessary reasonable revision shall be done at the expense of Any Consultant. ARTICLE 111, 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 rhousand Two Hundred Dollars ($9,200.00), payable as follows: -3- 1 '. 1 1 1 1 1 7 2 2 2 2: i 21 2! i 2t 2; Z I( // 0 0 ! Upon submission of the final report .,..,.,....... $4,600.00 Upon acceptance of ' ARTICLE IV. ~ the final report by City TOTAL : MISCXLTLANEOUS PROVISIONS e..... 4,6O0.00 $9,200.00 I 1. City may terminate this agreement at any time upon ten (10) days' written notice to Consultant. In such event, City shall pay Consultant a totaL fee in an amount which bears the same relationship to the total fee payable pursuant to Article I11 that the amount of work performed by Consultant prior to such termination bears to the total work to be performed by Consultant pursuant to this agreement. 2. All records, studies, accounts, documents, and written 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 herej I 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 an! damage to goods, properties, or effects of any person whatever, nor for personal injuries to or death of them, or any of them, -4- 2' 1 // 0 0 I z',caused by or resulting from or claiined to have been caused by or j I 1 i! resulting from any act or omission of Consultant, or its agents, 4 employees, or representatives. Consultant further agrees to I I indemnify and save free and harmless City and its authorized - agents, officers, and employees against any of the foregoing lia- 1 7 1 1 1 1 1 J 11 l! 2( 2' 2: 2: 2L 25 2E 27 2a bilities and claims therefor, and any cost and expense that is I incurred by City on account of any claim therefor. 5. Consultant shall not assign this agreement or any part I thereof or any monies due or to become due thereunder without the prior written consent of City. 6. If Consultant shall subcontract any of the work to be * performed und-er this contract by Consultant, Consultant shall be fully responsible to City for the acts and omissions of their subcontractor and of the persons either-directly or indirectly employed by their subcontractor, as they are for the acts and omissions of persons directly employed by them. Nothing containec in this contract shall create any contractual relationship betweel any subcontractor of Consultant and City. every subcontractor and every subcontractor of a subcontractor.by the terms of this agreement applicable to its work unless specifi- cally noted to the contrary in the subcontract in question and 2pproved in writing by City. Consultant shall bind I 7. No official of City who is authorized in such capacity md on behalf of City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any igreement or any subcontract, shall become directly or indirectly. interested personally in this agreement or in any part thereof, -5- 2 [: NO officer, employee, architect '1 attorney engineer, or inspector of ar for City who is authorized in such capacity and on behalf oft City to exercise any executive, supervisory, or other similar. functions in corinection with the performance of this agreement shall become directly or indirectly interested personally in this agreement or any part thereof. I I i 8. No verbal agreement or conversation with any officer, I 1 'agent, or employee of City, either before, during or after the execution of this agreement, shall affect or modify any of the ment or conversation entitle Consultant to any additional payment I i 1 terms of obligations herein contained, nor shall such verbal agree7 I : ! I i whatsoever under the terms of this agreement. 9. 'Subject to the provisions of Section 5 above, all terms, ' conditions, and provisions hereof shall'inure to and shall bind each of the parties hereto, their, and each of their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEWOF, such parties have executed this instru- ment on the day and year first above mentioned. :&TTEST : CITY OF CARLSBAD, CALIFORNIA ,,I ' H.B. MAYNARD AND COMPANY, INC, lI., -6-