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Home My WebLink About1978-03-08; City Council; Resolution 5306c 1 2 4 5 6 7 E s 1( 11 1: 1: 21 2 2 2 27 28 RESOLUTION NO. 5306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RAYMOND M. HOLT FOR REVISION AND UPDATE OF THE LIBRARY MASTER PLAN REPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California does ereby resolve as follows: 1. That that certain agreement between the City of arlsbad and Raymond M. Holt €or revision and update of the ibrary Master Plan Report, a copy of which is attached hereto arked Exhibit A and incorporated herein by reference, pproved. is hereby 2. That the Mayor of the City of Carlsbad is hereby uthorized and directed to execute said agreement for and on lehalf of the City of Carlsbad. an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the !ity Council of the City of Carlsbad, California, held on the 8th day of March , 1978, by the following rote, to wit: AYES: Councilmen Lewis, Packard and Skotnick NOES : Councilman Frazee and Councilwoman Cas ABSENT: None ITTEST : A (seal 1 er 0 EXHIBIT A to Resolution No. 5306 AGREEMENT This Agreement is made the 10th day of March I 1978 between the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as "City," and Raymond M, Holt, P. 0, Box 745, Del Mar, California, hereinafter referred to as "Consultant." RECITALS WHEREAS, the City desires to revise and update an existing I Library Master Plan Report: and WHEREAS, the Consultant possesses special skills and expertise in the library field: and WHEREAS, the Consultant prepared the existing Master Plan e.' Report and has demonstrated the necessary skills and expertise to provide the desired service; and WHEREAS, the Consultant has presented a proposal to perform certain services as requested by the City; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. DUTIES OF THE CONSULTANT The Consultant agrees to provide the services listed in his proposal submitted January 6, 1978, entitled, Master Plan Study: Carlsbad City Library, and attached hereto as Attachment 1. 2. DUTIES OF THE CITY (a) The City will make payment to the Consul .tant as provided in this agreement. The City will make available to the Consultant any records, studies, or other information in the (b) City’s possession related to the proposed project, The City will designate to Consultant in writing the representative authorized to act for it under this agreement. The City will assist Consultant in arranging meetings necessary to conduct the services herein, The City will examine documents submitted by the Consultant, render decisionso and advise Consuleant (c) (d) (e) as promptly as possible to avoid unreasonable delay in the progress of Consultant’s work. 3. TERMINATION OF AGREEMENT The City may terminate this agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen days before the effective date of such termination. In that event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. - 2- 4. RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the Consultant under this agreement shall not be made available to any individual or organization by the Consultant without the prior written approval af the City. 5. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF =PORTS AND OTHER MATERIAL All documents and materials prepared pursuant to this agreement are the property of the City. The City shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement, - *” 6. PAYMENT The Consultant will be paid a maximum of $7,500.00 for the work necessary to carry out the requirements of this agreement. The City shall pay the Consultant $2,000,00 upon execution of this agreement and the remainder shall be payable upon presentation of monthly invoices, except that a final payment of $500.00 shall be due and payable upon submission of the completed Master Plan Report. Payment shall be made within fifteen (15) days of receipt by the City of the Consultant’s invoice. 8, LIMITS OF OBLIGATION The limits of the obligation of the City under this agreement is in the sum of $7,500.00, which amount is estimated to be sufficient to compensate the Consultant for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the Consultant that said sum may not be * sufficient, he shall immediately so notify the City He will not perform any work or incur any Manager, obligation beyond said sum of $7,500,00, without appropriate amendment to this agreement. 9. HOLD HARMLESS The Consultant will indemnify the City against and hofd it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by Consultant of this agreement, including the defense of any action arising therefrom, Consultant will reimburse the City for all costsI expenses and losses incurred by it in con- sequence of any claims, demands and causes of action which may be brought against it by a person arising out of the performance by Consultant of this agreement. -4- : 10. INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct him- self consistent with such status that he will neither hold himself out as nor claim to be an officer or employee of the City by reason hereofp and that he will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to any officer or employee of the City including, but not limited to, worker’s compensation coverage, unemployment insurance benefits, social.security coverage, or retirement member- ship credit. “1 -.. 11. ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder without the prior written consent of the City. 12. SUBCONTRACTING The Consultant shall not subcontract any of the work to be performed under this contract by Consultant without prior written approval from the City Manager. If any subcontracting is approved, the Consultant shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either -5- 13. Y directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. shall create any contractualfrelationship between any subcontractor of Consultant and the City, The Consultant shall bind every subcontractor of a subcontractor by the terms of this contract applicable to its work unless Nothing contained in this contract specifically noted to'the contrary in the subcontract in question approved in writing by the City, PROHIBITED INTEREST No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract car 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, -6- 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 executing 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. . :$. IN WITNESS WHEREOF, the parties hereto have executed this Y agreement on the day and year first above written. . J, , ., ,. +, ’, CITY OF CARLSBAD A Municipal Corporation APPROVED AS TO FORM: RAYMO??D7M HOLT RAYBfOND M. HOLT, Consultant