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
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ATTEST :
(SEAL)
AG€?EZMENT FOR MANAGEMENT STUDY
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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
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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;
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NOW, THEREFORE, the parties hereto hereby agree as follows:
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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
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7 'ideal model and definite recommendations as to methods of improve-
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I Such services include specifically, but are not necessarily I
I 1 limited to the following: I
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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
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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
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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
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as consideration of
4. Recomiendations
should be made, inc
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situation quantifying the cost and other differences as well I I alternatives.
as to if, when, where and hsw changes
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uding changes .in the existing agreements, '
and legislation, if necessary,
ARTICLE 11. MANhTER OF PERFOWLANCE AND PARTICIPANT ASSISTANCE I
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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:
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! Upon submission of the final report .,..,.,....... $4,600.00
Upon acceptance of
' ARTICLE IV.
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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
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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,
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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-
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bilities and claims therefor, and any cost and expense that is
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incurred by City on account of any claim therefor.
5. Consultant shall not assign this agreement or any part
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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
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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,
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2 [: NO officer, employee, architect
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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.
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8. No verbal agreement or conversation with any officer,
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'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
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terms of obligations herein contained, nor shall such verbal agree7
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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.,
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