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Home My WebLink AboutReso 1989-15189 'REVISED 7/13/89 RESOLUTION NO. 15189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM HARSHMAN FOR PERFORMANCE OF PROFESSIONAL SERVICES BY A CONSULTANT FOR METROPOLITAN SEWERAGE SYSTEM MATTERS 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's consultant selection policy/bidding procedure is being waived due to Mr. Harshman's unique experience, both with the Metro Sewer System and the City of Chula Vista, and the infeasibility of finding someone with these unique qualifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLIAM HARSHMAN for porforrrence of professional services by a consultant for Metropolitan Sewerage System matters dated the 18 day of July , 1989, 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. BE IT FURTHER RESOLVED that use of up to $16,000.00 from C.I.P. funds appropriated for consultant services related to Metro system upgrading is hereby authorized. Presented by Approved as to form by / \ WPC 4404E ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~,r'IULA VISTA, CALIFORNIA, this 18 doy of July 19 89 , by the following vote, to-wit: AYES: Councilmembers Nader, Cox, Moore, McCandliss NAYES: Counci I members None ABSTAIN: Councilmembers None ABSENT: Counci lmembe~'s Malcolm M Cit Chulo ViSto AT T E ; Acting /City Clerk ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 15189 ,ond thot the some hos not been omendedor repeoled DATED ~City Clerk CC-660 CONTRACT FOR SEWERAGE CONSULTANT SERVICES THZS COHTRACT for sewerage-related pro:resstonal services ts entered :.'tnto and ts effective as of thtssa, 18 day of July , 1989, .by and between the City of Chula Vista muntctpai corporation, herelnafter called "City" and William Harshman hereinafter called "Sewerage Consultant" or "Consultant". NOLO, THEREFORE, IT ZS ~JTUALLY AGREED by and between the parties hereto as follows: 1, SCOPE OF PROjECT Zn the performance of the duties and responslbtltttes set forth tn this agreement, Sewerage Consultant shall act strictly tn a professional capacity as an independent contractor for all purposes and tn all situations and shall. not be considered an employee of the City of: Chul a Vista. The Sewerage .. Consultant acknowledges that he ts not an employee of the City of Cht|la~¥tsta, .. and said City ts not obligated nor charged with th~ responsibility of withholding income taxes .from any pa~nents due the Sewerage Consultant nor ts the City obligated to pay social security taxes, nor F.Z.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 .Sewera e Consultant shall be subject to the revle~ and approval of the Director o~ Public i~orks and. all such documents shall become the property of'~the. City of Chula. Vtsta. The Sewerage Consultant agrees to perform the bulk of his activities upon the Ctty's premises at a designated location ~n the Engineering Department, 276 alternative location shall be sub;iect to s a{~e °~c by the Director of Public Norks. 2. OTHER EMPLOYMENT Consultant ma~ not conduct business for third parties ~htch: may be in conflict with Consultant's responstbtlttles under this contract. Consultant may not solicit an~ business during the term of this contract ~htch conflict with his or her responsibilities under the contract. 3. PERIOD OF SERVICE The Sewerage Consultant shall perfom and complete profe;sfonal services as specified during the contractual per',od, ~htch shall commence on July 1, 1989, and terminate on June 30, 1990. 4. NATURE OF SERVICES TO BE RENDERED ..~ The folioring ~s a 1bring of potential tasks provided for the purpose of. depicting the nature of work to be performed unde~ this contract. Assignments are tntended to be 1 t mt ted to' se~erage-r, elated matters matters such aS*'hegottating with!the:,.;! .Cityof:San Diego on Netro cbsts; gotrations 'and document ~perty',~ovmers and their consultants~n the Eastern portion ~ ~e~nt <~ reeD1 ut~ one .> ~ wrftten ,:: reports' and a. Of,my also,.requtre Oral presentations by the Sewerage ~ ": at meeting' ,:~and fforkshops.,-:~ Zn connection ~tth the ~ .of.thls.~rk~the;Se~erage~Consultantsha11~be.obllgated.and'compensated..to, ~ i:: ~attend a11 '~et~ng's~.of~the'C~ty Council, at ~h~ch his recomendat~ons' ~t11' ~ considered '~,unless, app~ absence ~s ~gfven Oh of .~ Pub1 and:staff.depar~ent~ ofthe. City of Chula San Otego, San go,~ and other governmental agencies..,:.' gteemen ge Consultant tasks ona ,,but as-needed = 'acceptable ', schedule .. for s: of., ~ Dead1 ~ nee establ ~ shed, for · ~tasks' reflect :.~, The, schedule ~1 t 'pressing or matters. be on the City s need's; ~ESPONSZBZLITI~S' ge :t~vtt~es' Ofrector!' of Public :: t~orkS ~ho ~ shall i ~ at: the ~I expense ;~ of ;'the! assign technical-and, professional !'personnel': to the ~ service of,~' the Sewerage Consultant to asstst in completing the pro~ects spec{fied ;paragraph 4. i:.: Such' coordination shal 1 ,:. Include regular consul ration for the. put Dee of monitoring' and assessing progress,.~'and. to 'tndrcated program changes so as to more effecttvelyachleve ~rogram objectives as may be agree from time to to the Sewerage Consultant at C~ty!s own ~, dra~'tfn~3.' and f~l~ng facilities. pr~ntfng and duplicating ~l~es'and ~es. loregraphs. and other ' ~s ~ch~.~ has.:at,.hand.,op can acquire at a ~semen pa~klng fees. 7. COMPENSATION ~.- e of the Sewerage consultant ,- a rees~to ?. reimburse the Sewerage Consultan f~ s"(140.OO) pe~P hour... Compensation for: attendance'rat Council-meetings shall be.at m~ntmum the equfvahnt of ~one hour's ' ';; and hold Cfty an~ agents.~:;offlcers~ and .~employeeS :hamless .,from and, agalnst any, and all asserted or 11ability established fop damages or.lnJurtes to any person ~roperty whtch artse'lfrom or. are connected wtth or are.caused or cla~med ':~ the: omisSIons 'of~ Sewerage Consul rant ,.In the ~11~expenses, ,tnvestt ',6'defendtn, agatnst~ sam{~"'r that ,Seweraffe ~ =duty to. Indemnify hold hamlesS': lY :~J1abtltty aristng estibltshed ~. sole~' "willful' misconduct. . CI~. Its agents;' 8. LIABILITY o~ suspenc 'the work co,templ,ted ~stn part~ ate'any;, tt~i~'. and. the,~Ctty ,-shall ;: have 'the 'rtght to. -tgreement" for.reasonable cause 'it an~"ttme ~on 30 days written' ,nottce>.wtthout any, liability, to,the Sewerage-Consultant'except the Sewera Consultant shall be patd all 'sala~ due up to the ttme of suspension of,the . ~roJect.~F. Upon completion of each asstgned task'. any documents prepared.undep,~' reamant by .the~ Sewerage Consultant shall be forthwith .transmitted to, ' shallbe the sole property of,the C~ty..~ ~ ;"' ',~ , ~.. 9. TERMINATION .: 10. ASSIGNS 11. AMENDMENT