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R-90-1422 - 2/22/1990ATTEST: NE LAND, City Secretary WP- RS02220G RESOLUTION NO. /U/7/C/ WHEREAS, the City of Round Rock desires to have environmental engineering services for the wastewater pretreatment, discharge monitoring and EPA related matters, and WHEREAS, Tischler /Kocurek Environmental Engineers has submitted an engineering agreement to provide said engineering services, and WHEREAS, the City Council desires to enter into said agreement with Tischler /Kocurek Environmental Engineers, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement for environmental engineering services for wastewater pretreatment, discharge monitoring and EPA related matters, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of February, 1990. MIKE ROBINSON', Mayor City of Round Rock, Texas Tischler /Kocurek Engineering Services Contract It is hereby agreed between Tischler/Kocurek, 116 East Main, Round Rock, Texas 78664 (herein called Contractor) and the City of Round Rock, Texas (herein called City ) whose mailing address is 221 East Main, Round Rock, Texas 78664, that Contractor will, as an independent contractor, provide miscellaneous environmental engineering and consulting services on an as needed basis as requested by City (herein called the Work) in conformity with terms hereof. City will provide Contractor overall general instructions, but Contractor shall have the sole right to determine the manner and means in which such general instructions are to be implemented on a day -to -day basis. Term The term of this agreement is January 1, 1990, through December 31, 1990, continuing from year to year thereafter unless cancelled in writing by either party not less than thirty (30) days prior to the expiration of the primary term or any renewal term hereof. Compensation Contractor will be compensated on a reimbursable cost basis in accordance with the attached Schedule of Compensation, dated January 1, 1987. The Schedule of Compensation may be revised from time to time by mutual written agreement signed by the parties hereto. Independent Contractor Contractor is and shall remain an independent contractor in performing the Work under this agreement and shall determine the manner and means by which results are to be obtained and shall maintain complete control of its workers and operations incident to the proper performance and completion of this agreement, including that of its subcontractors, agents and assigns. Neither Contractor nor anyone employed or engaged by it shall be, represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of City, nor shall Contractor or anyone employed or engaged by it be treated as an employee of City for any purpose, including tax and social security coverage and withholding, or any City - provided employee benefits. Termination City shall have the right, with or without cause, to terminate this agreement at any time by written notice to Contractor, in which event Contractor shall be entitled to full payment for the Work done hereunder up to the time of said termination, including payment of the profit, if any, on the Work done up to such date but not anticipated profit for work not performed. Ethics and Conflicts of Interest Contractor shall not pay any commissions or fees, or make any payments or rebates, to any employee or officer of City, or favor any employee or officer of City with gifts or entertainment of significant cost or value, or enter into any business arrangements with any employee or officer of City other than as a representative of City. Entire Agreement and Modification This agreement constitutes the entire agreement between Contractor and City with respect to its subject matter hereof, and there are no other agreements or understandings, written or oral, between the Contractor and City relating to the subject matter of this agreement and that this agreement may be amended or modified only by written agreement between the Contractor and City. Severability If any provision of this agreement, or the application thereof to any person or circumstances, shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforceable to the fullest extent permittted by law. Governing Law This agreement shall be govemed by and construed in accordance with the laws of the State of Texas. In Witness Whereof, the parties hereto have caused these presents to be executed the day and year first above written. City of Round Rock Tischler/Kocurek By ww Date a? -a - - 90 By /� Date 2 ei Employee Rate Per Hour Lial Tischler Dianna Kocurek SCHEDULE OF COMPENSATION EFFECTIVE JANUARY 1, 1987 $90 $60 The above Schedule of Compensation includes salary costs and ordinary overhead. Applicable expenses for travel and subsis- tence, incidental out -of- pocket costs, and other direct costs are reimbursable at invoice cost. Mileage is reimbursable at the approved rate, currently 20.5 cents per mile. Tischler/ Kocurek Environmental Engineers Mr. Jim Nuse Director of Public Works 221 East Main Street Round Rock, Texas 78664 Re: Engineering Service Agreement Dear Jim: Enclosed are two copies of an engineering service agreement for Tischler/Kocurek to provide environmental engineering and consulting services to the City. If the agreement is satisfactory, please sign both copies and return one to us. Enclosures engineering service agreement -2 copies 116 East Main Round Rock, Texas 78664 512.244.9058 Sincerely, Djaona Dianna S. Kocurek, P.E. Partner Fri, Feb 9, 1990 Lial F. Tischler, Ph.D., P.E. Partner DATE: February 20, 1990 SUBJECT: City Council Meeting, February 22, 1990 ITEM: 8G. Consider a resolution authorizing the Mayor to enter into an agreement with Tischler /Kocurek Environmental Engineers. STAFF RESOURCE PERSON: JIM MUSE STAFF RECOMMENDATION: As council is aware, the City of Round lock is facing several new requirements from E.P.A. These include Industrial Monitoring, Pre - treatment Evaluation, and stricter discharge requirements including bio- monitoring. Tischler/Kocurek has been involved in this process throughout the country and has been and will continue, if approved, to provide assistance to Round RDCk in interperting these regulations.