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HomeMy WebLinkAboutReso 79-1983 RESOLUTION NO. 79-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH M.A.G. CONSULTANTS, INC. FOR PROFESSIONAL SERVICES that: BE IT RESOLVED.by the City Council of the City 'of South San Francisco 1. Execution of Agreement, Execution of an Agreement for Professional Services between the City of South San Francscio, a municipal corporation, and..M.A.G. Consultants, Inc., a California corporation, a copy of which is attached hereto as Exhibit "A," is hereby authorized. 2. Signatures. The City Manager is autho¢i'zed to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 15th day of June , 1983, by the following vote: AYES- NOES' ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Ema~uele N. Damonte, Gus Nicolopulos; and'Roberta Cerri Teglia None None · . · ATTEST' EXHIBIT "A" PROFESSIONAL SERVICES CONTRACT This Contract for Professional Services is made and entered into this seventh day of June~ 1983, by and between the City of South San Francisco~ a municipal corporation acting by and through its duly authorized officers and located in the County of San Mateo, State of California, herein referred to as "City," and M.A.G. Consultants, Inc., o California corporation, acting by and through its duly authorized officers _and located in the City and County of San Francisco, State of California, herein, referred to os "M.A.G. Corporation," for professional services to be rendered personally by Dr. Maurice A. Garbell, President of M.A.G. Corporation, herein referred to as "ConsultantJ' I. PROFESSIONAL SERVICES. The Consultant will= a. Assist and advise the City in matters related to aviation noise and safety as requested or authorized by the City Manager; b. Perform such studies and assessments in matters related to aviation noise and safety as requested or authorized by the City Manager; c. Attend such meetings or conferences or hearings as requested or authorized by the City Manager. _d. Provide scientific and technical guidance, and give expert testimony on behalf of the City at hearings or other quasi-judicial proceedings in connection with matters related to aviation noise and safety as requested by the City Manager; and _e. Assist the City in other matters or projects as requested or authorized by the City Manager and deemed acceptable to M.A.G. Corporation. -I- 2. COMPENSATION. -- For the above services rendered by Consultant~ the City shall pay to M.A.G. ... Corporation a retainer in the amount of One Thousand Dollars' ($1,000.00) per calendar month on or before the first day of each month. It is understood that Consultant's services under this Contract are billed at the rate of One Hundred Twenty-Five Dollars ($125.00) per hour. in the event, that Consultant's services for any monlh, based on the above rate of hourly compensation, are anticipated by Consultant to exceed the sum of One Thousand Dollars ($1,000.00) for that month, Consultant shall so advise the City Manager. Upon approval by the City Manager of such additional services, Consultant shall perform the same and shall be paid for such services in excess of the retainer of $1,000.00 of each calendar month promptly upon receipt by the City of an invoice, at the end of the respective month, for payment for such additional services performed during said month. The City will also reimburse M'A.G. Corporation for the out-of-pocket expenses ~uch as travel expenses, lodging and meals, publications, photocopies and photography, telephone and telegraph charges, and other incidental expenses, other than ordinary office expenses, incurred in the performance of Consultant's services; such reimbursement will be made promptly upon receipt by the City of an invoice for such ~traordinary expenses. Consultant shall n°t undertake to perform any tasks or projects under this Contract without first consulting the City Manager and receiving his written authori.zation. 3. TERM OF CONTRACT. · ,. The provisions of this Contract shall apply to all services rendered by Consultant' commencing July I, t 983' This Contract shall be effective through June 30, 198~ the end of the fiscal year of the City of South San Francisco, unless terminated earlier by either party. Early termination of the Contract can be accomplished by either party giving the other party fifteen (15) days' written notice of termination, delivered in person or sent by certified mail, return receipt requested, postage prepaid. -2- Notice to the City shall be delivered or sent to: Barbara A. Battaya City Clerk, City of South San Francisco. . City Hall,/~00 Crand Avenue South San Francisco, CA ~h080 Notices to M.A.G. Corporation shall be delivered or sent to= Dr. Maurice A. C;arbell 17 ! h Lake Street San Francisco, CA ~/~121. City shall be the owner of and, in the event of any termination of this Contract, shall be entitled to immediate possession of any work product and pertinent data gathered and related to .such work product by Consultant under this contract. /~. CONSULTANT'S QUALIFICATIONS. By executing this Contract, Consultant represents himself as a qualified professional, possessing the experience and the specialized skills necessary to perform the tasks mentioned in Paragraph I herein and agrees that'he will render to the best of his ability the services described in Paragraph I herein during the full term of this COntract. 5. CITY'S EXPRESSED DESIRE FOR CONSULTANT'S SERVICES. By executing this Contract, the City verifies that it '~lex, x~ires to avail, itself of Consultant's professional services for the benefit of the City of South San Francisco and its people. ~;. CONSULTANT'S STATUS. " Consultant's services shall be provided to City as set forth herein, with M.A.G. Corporation being and acting as an independent contractor as defined in Labor Code Section 3353, under the general control of the City Manager of the City of Soulh San Francisco, concerning the scope and results of Consultant's work but not the means by which such rbsult is accomplished.' Nothing herein shall be construed to make the Consultant an employee of City while providing said services, and Consultant shall be entitled to no other benefits or compensation except as provided herein. -3- 7. MERGER It is expressly agreed by City and M.A.G. Corporation that this writing contains all of the agreements between the parties hereto and that there are no orals collateral, or other agreements which relate to this Contract and which are not herein set forth. IN WITNESS WHEREOF this Contract has been duly executed this seventh June, 1983. ATTEST: ar ara .15at aya~ City CleF< day of M.A.G. CONSULTANTS,. INC. Maurice A-. Garbell, Presid~/~t CITY OF SOUTH SAN FRANCISCO C. Walter Birkelo~ City Manager