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HomeMy WebLinkAbout1984-10-02; City Council; Resolution 7767** t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1E 1E 17 I€ 15 2c 21 21 21 21 2: 2t 2: 2t 2. That the Mayor of the City of Carlsbad is hereby authorized and directec to execute said agreement for and on behalf of the City of Carlsbad. RESOLUTION NO. 7767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CTIC ASSOCIATES FOR CONSULTING SERVICES TO REVIEW CABLEVISION RATE REQUESTS AND TO MAKE A PERFORMANCE EVALUATION OF THE CABLE TELEVISION OPERATORS The City Council of the City of Carlsbad, California does resolve as follows : 1. That an agreement between the City of Carlsbad and CTIC Associates for consulting services to conduct a review of the rate requests from Carlsbad Cablevision and La Costa Community Cable Television and to conduct a perform- ance evaluation of them, a copy of which is attached hereto and made a part hereof is hereby approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the _2nd day of _~ctols~r , 1984, by the following vote to wit: AYES: Council Phnkrs Casler, Lewis, Chick, and Prescott NOES: None ABSENT: Council mr Kdchin +B& MARY H. ASLER, Mayor ATTEST : A ALETHA L. RAUTENKRAnZ, City Clerk (SEAL) AGREEMENT FOR CONSULTANT SERVICE THIS AGREEMENT is made this day of , 1984, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and CTIC ASSOCIATES, hereinafter referred to as CONSULTANT. WHEREAS, The City requires consulting services to review the rate requests submitted by Carlsbad Cablevision and La Costa Community Cable Television and to review the performance of these operators as prescribed in the paragraph 5.28.050 (h) of the Carlsbad Municipal Code; and WHEREAS, the Consultant has the experience and qualifications . to conduct the review and the performance evaluation and WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; NOW, THEREFORE, the parties hereunto agree as follows: (1) DUTIES OF THE CONSULTANT: The Consultant will provide all professional services necessary to carry out the scope of work presented in the Consultant's proposal dated, September 14, 1984, and incorporated herein by reference. (Attached) (2) DUTIES OF THE CITY: (a) The City will make available to the Consultant any document, studies, or other information in its possession relating to the work. (b) The City will provide such other assistance as is necessary to complete the project in a timely manner. (c) The City will make payment to the Consultant as provided for in this Agreement. (3) INITIATION AND COMPLETION: Services described herein shall begin promptly following written authoriz- ation by the City and shall be complete within 90 (ninety) calendar days from the date of authorization to proceed. (4) COMPENSATION: Fees for the Consultant's labor in carrying out this work will be based on the Consultant's standard hourly rates. Direct costs (including mileage, reproduction and long distance telephone (Attached) calls) will be compensated at cost. (5) PAYMENT OF FEES: The Consultant will submit monthly invoices for services rendered. Each invoice will specify the individual, the hours worked, the individual standard hourly billing rate and total labor cost. Other direct costs will be itemized by category and documented by supporting information whenever reasonable; City will pay Consultant within 5 days of receipt of Consultant's invoice. (6) NOT-TO-EXCEED FEE-: The Not-to-Exceed total fee for the work performed under this Agreement will not be more than $23,625.00. This amount willnot be exceeded by the Consultant without specific written authorization by the City. -2- (7) CHANGES IN THE SCOPE OF THE PROJECT: If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Section (1) above has commenced, the Consultant shall submit his written estimate of increased costs to the City (8) Manager for written approval prior to undertaking any additional work. RESPONSIBILITY OF CONSULTANT: The Consultant is employed herein to render a professional service only and any payments to him are compensation solely for such services as he may render and recommendations he may make in the course of this project. (9) OWNERSHIP OF DOCUMENTS: All maps, studies, sketches, work sheets and documents as herein required are the property of the City whether the work for which they are made be executed or not. IR the event this contract is terminated, all documents, plans, work sheets, etc., shall be delivered forthwith to the City. (10) SUSPENSION OR TERMINATION OF SERVICES: The City shall have the right to terminate this Agreement and the work done under it at any time without cause by giving the Consultant verbal notice as to termination date, to be confirmed by written notice of termination. In the event of termination, the Consultant shall be paid for the work accomplished to the date of termination in accordance with Sections (4) and (5). Upon request of the City, the Consultant shall assemble the work product and put the same in proper order for proper filing and closing and deliver said product to the City. -3- (11) HOLD HARMLESS: The Consultant will indemnify the City against and hold it harmless from all and'any cost, expense, or liability for damages on account of injury or death to persons or damage or 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. (12) MAINTAIN INSURANCE: Consultant shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy or policies which will insure and indemnify both City and Consultant against liability or financial loss resulting from errors or omissions occuring as a result of any acts or activity of Consultant. The liability under such insurance policy shall not be less than $100,000. a responsible company or companies subject to approval by City, and shall be non-cancelable except on ten (10) days written notice tothecity. The policy shall be written by (13) STATUS OF CONSULTANT: The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and not as an employee ofthe City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. (14) ASSIGNMENT OF CONTRACT: . The Consultant shall not assign this contract or any part hereof or any monies due or to become due thereunder without the prior written consent of the City Manager. -4- (15) 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 this contract or any part thereof, shall become directly or indirectly interested personally in this contract or in any part thereof. (16) 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 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. (17) EFFECTIVE DATE: This contract shall be effective on and from the day and year first above written . In witness whereof, we have hereunto set our hands and seals. CITY OF CARLSBAD ATTEST: Aletha L. Rautenkranz, City Clerk Approved as to form: BY MAIpl H. CASLER, Mayor CTIC ASSOCIATES BY Harold E. Horn Vincent F. Biondo, Jr. City Attorney