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HomeMy WebLinkAboutReso 1985-12114 RESOLUTION NO. 12114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM HARSHMAN, SEWERAGE CONSULTANT, FOR THE PERFORMANCE OF PROFESSIONAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the 1985-86 Sewer Service budget makes provision for professional services relative to interagency sewerage negotiations and agreements, and WHEREAS, it is proposed that William Harshman be retained to perform such professional services because of his detailed knowledge and extensive experience in local agency sewerage relationships. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve that certain agreement between the CITY OF CHULA VISTA, and WILLIAM HARSHMAN, Sewerage Consultant, for the performance of professional services, dated the 23rd day of July , 1985, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. 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 . Approve/~ as to form by /~ohn P. 'Li~itt; ~)irector of ~ /~homas J./~ron, City ~Public Works/City Engineer J Attorney ~/ 0571a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this. 23rd doy of=. July 19 85 , by the following vote, to-wit: AYES: C0unci]members Malcolm, McCandliss, Scott, Cox NAYES: Counci I members Moore ABSTAIN: Councilmembers None ABSENT: C0unci l members None May~ of(Jthe City of Chula Vista ~/'- City Clerk/ '- - ~ STATE OF CALIFORNIA ) 2OUNTY OF SAN DIEGO ) ss. 31TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, )O HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of RESOLUTION NO. 12114 ,ond thor the some hos not been omendedor repeoled. )ATED (seal) City Clerk :C-660 CONTRACT FOR SEWERAGE CONSULTANT SERVICES THIS CONTRACT for sewerage-related professional services is entered into and is effective as of this 23rd day of July , 1985, by and between the City of Chula Vi~, a municipal corporation, hereinafter called "City" and William Harshman hereinafter called "Sewerage Consultant". NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. SCOPE OF PROJECT In the performance of the duties and responsibilities set forth in this agreement, Sewerage Consultant shall act strictly in a professional capacity as an independent contractor for all purposes and in all situations and shall not be considered an employee of the City of Chula Vista. The Sewerage Consultant acknowledges that he is not an employee of the City of Chula Vista, and said City is not obligated nor charged with the responsibility of withholding income taxes from any payments due the Sewerage Consultant nor is the City obligated to pay social security taxes, nor F.I.C.A. taxes upon or for the Sewerage Consultant. The Sewerage Consultant reserves full control of his activities as to the manner and selection of methods with respect to rendering his professional services to the City of Chula Vista. The reports, correspondence, and agreements prepared by the Sewerage Consultant shall be subject to the review and approval of the Director of Public Works and all such documents shall become the property of the City of Chula Vista. The Sewerage Consultant agrees to perform his activities upon the City's premises at a designated location in the Engineering Department, 276 Fourth Avenue, Chula Vista, California. 2. OTHER EMPLOYMENT The Sewerage Consultant may represent, perform services for, and be employed by such additional clients, persons, or companies to the extent that such employment does not represent a conflict of interest nor interfere with the satisfactory performance of the work described herein. 3. PERIOD OF SERVICE The Sewerage Consultant shall perform and complete professional services as specified during the contractual period, which shall commence on July 23 , 1985, and terminate on June 30, 1986. 4. NATURE OF SERVICES TO BE RENDERED The following is a listing of potential tasks provided for the purpose of depicting the nature of work to be performed under this contract. Assignments are intended to be limited to sewerage-related matters. R-12114 t A. Aid the Director in Metro Sewer matters such as negotiating with the City of San Diego on Metro costs. B. Complete specific assignments he was working on prior to his retirement including: 1. Review of sewer capacity fee. 2. Establish a sewer replacement charge to be included as part of sewer monthly charge. 3. Review our Metro and sewage transportation charges paid to Montgomery and Spring Valley Sanitation Districts C. Assist the City staff in discussing sewer-related subjects with property owners and their consultants in the Eastern portion of the City's Sphere-of-Influence. These tasks may require the Sewerage Consultant to perform training, and prepare agreements, ordinances, resolutions, written reports and agenda statements. It may also require oral. presentations by the Sewerage Consultant at meetings, conferences, and workshops. In connection with the performance of this work, the Sewerage Consultant shall be obligated and compensated to attend all meetings of the City Council at which his recommendations will be considered unless approval for absence is given by the Director of Public Works. These tasks may, futhermore, entail the Sewerage Consultant's coordination with the line and staff departments of the City of Chula Vista, County of San Diego, City of San Diego, and other governmental agencies. 5. TIME SCHEDULE FOR COMPLETION OF TASKS It is the intent of this agreement that the Sewerage Consultant shall perform assigned tasks on a part-time, but as-needed basis. The Consultant and the Director of Public Works shall establish a mutually acceptable schedule for the performance of work. Deadlines established for specific tasks assigned shall reflect such schedule. The schedule may be revised for the accomplishment of pressing or emergency matters. It is stipulated that the Sewerage Consultant will not be available for work during the period August 19, 1985 through September 27, 1985. The total time spent will not exceed 90 working days but may be less depending on the City's needs. - 2- 6. CITY RESPONSIBILITIES ? ~ ~ ~ ~ A. The Sewerage Consultant shall coordinate his activities with the Director of Public Works who shall, at the expense of the City, assign technical and professional personnel to the service of the Sewerage Consultant to assist in completing the projects specified in paragraph 4. Such coordination shall include regular consultation for the purpose of monitoring and assessing progress, and to formulate indicated program changes so as to more effectively achieve the program objectives as may be agreed upon from time to time. B. The City shall provide the following to the Sewerage Consultant at City's own expense: 1. Clerical services. 2. Office space and meeting, drafting, and filing facilities. 3. Office supplies, drafting materials, and printing and duplicating supplies and services. 4. Maps, topographic information, aerial photographs, and other documents which the City has at hand, or can acquire at a reasonable cost. 5. City vehicle or mileage reimbursement at $.30 per mile. 7. COMPENSATION In consideration of the satisfactory performance of the Sewerage Consultant, the City of Chula Vista agrees to reimburse the Sewerage Consultant in the amount of twenty-five dollars ($25) per hour. Compensation for attendance at evening Council meetings shall be at minimum the equivalent of one hour's pay. 8. LIABILITY With regard to the services to be performed by the Sewerage Consultant pursuant to the terms of this agreement, the Sewerage Consultant shall not be liable to the City of Chula Vista {City), or to anyone who may claim any right due to his relationship with the City, for any acts or omissions in the performance of said services on the part of the Sewerage Consultant are due to his willful misconduct. The City shall hold the Sewerage Consultant free and harmless from any obligations, costs, claims, judgments, attorneys' fees, and attachments arising from or growing out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise due to the willful misconduct of the Sewerage Consultant and the Sewerage Consultant is adjudged to be guilty of willful misconduct by a court of competent jurisdiction. - 3- The City shall have the right to suspend or abandon the work contemplated in whole or in part at any time, and the City shall have the right to terminate this agreement for reasonable cause at any time upon 30 days written notice without any liability to the Sewerage Consultant except the Sewerage Consultant shall be paid all salary due up to the time of suspension of the project. Upon completion of each assigned task, any documents prepared under this agreement by the Sewerage Consultant shall be forthwith transmitted to the City and they shall be the sole property of the City. lO. SUCCESSORS AND ASSIGNS It is understood and agreed that this agreement shall be binding upon the City and its successors and upon the Sewerage Consultant. Neither this agreement nor any part thereof, nor any monies due or to become due thereunder, may be assigned by the Sewerage Consultant without the consent and approval of the City. ll. AMENDMENT This agreement may be amended at any time by mutual consent. Dated: July 23, 1985 Mayor, City o~ CKiJbla Vista Wil l~am Harshma~ ' - WPC 1575E - 4-