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HomeMy WebLinkAboutReso 1987-12977 RESOLUTION NO. 12977 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SERVICE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADS SERVICES INCORPORATED (ADS) FOR THE MAINTENANCE/SERVICING OF THE MONTGOMERY SEWER FLOW METER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City, as a participating agency in the Metro Sewer System, monitors the flow in City sanitary sewer lines at the point of connection to the Metro Sewer System by use of flow meters, and WHEREAS, on July 1, 1986, the City assumed responsibility for the Montgomery sewage flow meter as a result of the annexation of the Montgomery area to the City and subsequent dissolution of the Montgomery Sanitation District, and WHEREAS, the County has continued maintenance of the metering station through a service agreement with ADS, however, funds allocated for these services will be depleted as of March 31, 1987 and the City must provide for the servicing of the meter and flow data processing subsequent to this date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain service agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ADS Services Incorporated (ADS) dated the 31st day of March, 1987, for the maintenance/servicing of the Montgomery sewer flow meter, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Joh~P. Lipp~tt/ Director of D. ~ichard Rudolf~)TM Public Works/City Engineer Assistant City AttOrney 2729a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th d(~ of April _ 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None ~ Vista ¢" City Clerk' ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12977 ,and that the some has not been omendedor repeoled. DATED City Clerk CrlY OF CHUIA VISIA CC-660 March 31, 1987 File # KY-074 TO: dohn Goss, City Manager Tom Harron, City Attorney Lyman Christopher, Director of Finance Jennie Fulasz, City Clerk A~6// FROM: John Lippitt, Director of Public Works/City Engineer SUBJECT: Resolutions Providing Service for the Montgomery Sewage Flow Meter and Processing the Data Collected by the Meter Funds available from the following account: A. Account 225-2250-5202 Montgomery Supplemental Sewer Budget $12,000 Funds required to be transferred for maintenance and data processing A. Maintenance for one year $2,040 Account # 225-2250-5268 Contingency 910 225-2250-5268 Software 5,000 225-2250-5566 Hardware, modem & cable 550 225-2250-5266 Training 3,50U 225-2250-5224 Total Funds For Project $12,000.00 LC:ljr (B14:MONT.SEW) March 27, 1987 File: KY-074 AGREEMENT FOR SERVICE THIS AGREEMENT, made and entered into this 3/~1~ day of ~j~y~ , 1987, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", ADS SERVICES INCOPORATED, an Alabama Corporation, whose address is 2227 Drake Avenue, Suite 26, Huntsville, Alabama 35805, hereinafter referred to as "Contractor", covers certain professional engineering services for the (Montgomery Sewage Metering Station) designated as MG-7. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth: THE CONTRACTOR AGREES, 1. To provide all service under the terms and conditions specified in this Agreement for certain equipment known as MG 7, a sewage flow meter located on Hollister Avenue in the vicinity of Main Street in the City of Chula Vista, California. 2. To perform a remote diagnostic check-out of all equipment using its most current procedures and programs from its facilities in Huntsville, Alabama, or other service locations by use of telephone lines. 3. To perform repairs and preventative maintenance services necessary to keep the equipment operating in accordance with the manufacturer's design specifications. These services will be performed at the ADS service facilities in Huntsville, Alabama, or other locations. 4. To provide a Statement of Repair Service performed or diagnostics run when the service is performed. 5. Not to discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training including apprenticeship. 6. To indemnify and hold harmless the City against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including Workers' Compensation claims, of or by anyone whomsoever, arising from any acts, errors or omissions of the Contractor or any of its officers, agents or employees, throughout the duration of this Agreement. -3- 7. To maintain comprehensive general liability and property damage insurance covering all operations hereunder of Contractor, its agents and employees including but not limited to premises and automobile, with minimum coverage of one million dollars ($1,000,000.00) combined single limits. Evidence of such coverage, in the from of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue. Said policy or policies shall provide thirty {30) days written notice to the City Clerk of cancellation or material change. 8. To carry Workers' Compensation insurance in Statutory amount and Employees' Liability Coverage in the amount of five hundred thousand dollars ($500,000.00); evidence of which is to be furnished to the City in the form of Certificate of Insurance. THE CITY AGREES, 1. To make no changes in the equipment that would preclude the Contractor from being able to interface via telephone with the City's equipment unless agreed to by the Contractor in writing. 2. TO make no repairs or perform maintenance or attempt to do so on the equipment unless authorized by the Contractor. -4- 3. To pay the Contractor compensation for all services performed pursuant to this Agreement at the rate of $170 per month. Such rate includes service during holidays. City personnel shall be available for interaction with Contractor personnel during any services performed during holidays. 4. The payments due the Contractor for services rendered in accordance with the Agreement will be made monthly with payment due thirty (30) days from date of invoice. A 2 percent discount may be taken if payment is made within ten 110) days with full amount due in 30 days. A late payment penalty of 1.5% per month shall be charge if payment is not received within 30 days. 5. Should service be discontinued at anytime after the Contractor has partially performed services pursuant to this Agreement, the City shall reimburse the Contractor for the percentage of work completed up to the time notified in writing of such discontinuance less the aggregate of all sums previously paid to the Contractor for work and services performed under this Agreement and less any increase or additional costs or expenses incurred by, and any damages suffered by the City for reason of such discontinuance. -5- IT IS MUTUALLY AGREED, 1. That the compensation stipulated in paragraph 3 of THE CITY AGREES shall not include the following equipment and services: a.) Communications line work external to the equipment. b.) Painting or refinishing or furnishing materials therefor. c.) Installation, moving or removing of equipment unless required as part of the repair process. d.) Repairs made necessary by accident of the City, its employees, agents, contractors, or invitees. e.) Repairs made necessary due to attempt by the City to repair or maintain the equipment unless authorized by the Contractor. 2. This contract shall be for a one year period beginning April 1, 1987 and ending March 31, 1988. It may be renewed annually by City by giving Thirty (30) days notice of such election. If so renewed, renewal of the contract will be at the current ADS published price. The Contractor will notify the City of the current published price 60 days prior to the expiration of this Agreement. -6- 3. This Agreement may be terminated by the City upon giving notice in writing to the Contractor at his last known post office address. Upon such termination, the Contractor shall cause to be delivered to the City all data, if any, with the understanding that all such material becomes the property the City. The Contractor shall be paid for any services completed and any services partially completed in accordance with Section 5 of THE CITY AGREES. 4. That the Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fi de employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the City shall have the right to annul this contract without liability. 5. The Contractor shall not assign this Agreement in whole or in part without prior to written consent of the City. This Agreement consists of professional services and it is not contemplated by either party that any such assignment would occur. Any such assignment shall not relieve the Contractor of any of its obligations under this Agreement. -7- 6. That, in the event of any dispute between the parties, the prevailing party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. 7. That all questions concerning this execution, validity or invalidity, capacity of the parties, and the perfomance of this Agreement, shall be interpreted in all respects in accordance with the laws of the State of California. -8- Executed by the City: CITY OF CHULA VISTA ATTEST State of California, acting by and through Title:  Approved as to form: CHU~ ~VI~A ~ ~o~ Executed by the Consultant ADS~Services~ 2227 Drake Avenue, S.W. Huntsville, Alabama 35805 ATTEST: By: By:~ LMC:yc {B3:SERVICE.AGR)