HomeMy WebLinkAboutReso 1975-7622RESOLUTION rdO. 7622
RESOLUTION OF THE. CITY COUNCIL OF THE
VISTA APPROVITQG AGREEMENT BETtiVEEN THE
VISTA AND THE COUNTY OF SAN DIEGO FOR
CIATED WITH CONDUCTING A 1975 SPECIAL
AUTHORIZING THE MAYOR TO EXECUTE.SAID
AND RESCINDING RESOLUTION NO, 7498
CITY OF CHULA
CITY OF CHULA
SERVICES ASSO-
CENSUS, AND
AGREEMENT,
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on October 29, 1974, the Council approved Reso-
lution No. 7498 approving an agreement with the State Department
of Finance for execution of a 1975 Special Census, which resolution
also appropriated the sum of $30,000 for said purpose, and
WHEREAS, on November 26, 1974, Council accepted the City
Manager's recommendation to withdraw the unexecuted census agree-
ment in order to actively pursue a regional, coordinated census
to be administered by the County, and
WHEREAS, subsequent negotiations with County staff have
resulted in a planned census effort which will involve all thir-
teen cities in the region, and
WiiEREAS, it is now necessary to rescind Resolution No.
7498 and approve the new City/County contract including appro-
priation of required funds.
NOW, THEREFORE, BE IT RESOLVED that that certain agree-
ment between THE CITY OF CHULA VISTA, a municipal corporation,
and THE COUNTY OF SAN DIEGO, for services associated with con-
ducting a 1975 Special Census, dated the 4th day of February, ~
1975, 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 the sum of $20,000 be, and
the same is hereby appropriated from the unappropriated surplus
of the Planning fund, and $10,000 be, and the same is hereby appro-
priated from the unappropriated surplus of the General Fund for
the purpose set forth hereinabove.
Presented by
Approved as to form by
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hn R. Thomson, City Manager George Lindberg, City Attor ~y
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 4th day of February ,
1975 by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES : Councilmen None
ABSENT: Councilmen None
Mayor of the City of Chula Vista
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, 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
that t. he same has not been amended or repealed.
DATED
and
SEAL) City Clerk
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A'-?-~?i~,,7F~i`i' i~I,TP~EE~1 COU'.~ITY 01' Sf1N D1"GO
T~~dC ~'Ii,~ C;':LT'~' C"r' CHULA VISTA_
FQi~ TLI% 1'Ai~I:•1G OF i~ 1975 i:i:::;;:US
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THIS AGRLr~NiET_;T is entered into by and between
the County of San Diego, hereinafter referred to as
"County'', and the City of Chula Vista
hereinafter referred to asp C y", pursuant to
author. ity gr. anted in Article 1 (cor,anencing ~~ ith
Section 6500) of Chapter 5, Division 7, Title 1
of the Government Code relating to Joint Pocaers
Agreements.
WITD;ESSETH:
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1/27/75
~tiI-IEP.EAS , City is desirous of obtaining a current
accurate census (enu*~eration oz population) within
its boundaries; and
U1IiEREAS, County is desirous of obtaining a
current accurate census of both -'she incorporated
and unincorporated portions of the Countv of San
Diego; and
~~IHEREAS, the census may be used, inter alia, for
the purposo of c:eter:inirg en'~it:~ement to certain ;as
tax revenues under Revenue and `i' _;ata_on Code Section
11001 et seq.; and
WHEP.EAS , pur_ suant to Pevent:~e andTaxation Code
Section _11005.6, said census may' be used for the
purpose of deterr:~ining entitl.er~l~~nt to gas tax revenues
only if it is conducted under th~~ supervision of the
Population Research Ur.it of the State Department of
Finance (hereinafter referred to as "Population Research
Unit:") ; and
WHE~?E?~S i City and Co;rnt1' rz cog;r~ize that file total
costs to City and County associated ~•;ith the provision of
supplies and with ~t.he administration o~ personnel re-
cYuired to conduct the census would be reduced if Countv
were to purchase all supplies arld handle all administration
of personnel for a County--vaide census and were to be
reimbursed by City for the proportionate share of that
cost allocatable to City; and
~;'IIEREAS, on December 10, 1974 the Board of Supervisors
of County, pursuant to Government Code Section 26203,
adopted Ordinance No. 4427 (New Series) authorizing County
to ta}~,e a census of thu Co'an~:_y or San lliego in the year
1975, ~•rhich c~n~-us shai.l be v~~l~_t'.at;e~
Res~.arcii Unit; and "o~~Ib~ ~~~'B~~~io:i
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~YtiTIi~REAS , on February 4 , 1975 - the C i ty Cou.~:cil
of City, pursuant to GO'.'c.~~ '.~nr-.r. ,_ Cock Section., ~i 0 ~ ^ 0 anc~
40201, adopted Zesolution o, 7622 c'.ec3_aring its
intention to cause a census to be ta~:en of the City of
Chula Vista , in tine year 1975., which census
shall be validated by the Population Research Unit;. and
~~HERE~S, City is desirous of having County conduct,
under supervision of th.e Population research Unit, a
census ~•~ithin the boundaries of Cite, and County is
desirous of performing this service, subject to City's
agreement to reimburse County for the cost of same as
determined belc~-•~; IdOr^T TIiEP,EFORE
IT IS MUTUALLY r~GREED by and between the parties
hereto, upon tt~~ following terms, covenants and con-
ditions, as follo~~s:
Section 1. COPE OF SERVICES
A. County agrees to:
(1) Provide all services associated ~f~ith the
negotiation of a contract ~oith the DeUar_tment
of Finance of the State of California for the
purpose of conducting a 1975 census (enumeration
Of p0`iJt:1%1L10:1) Of i~11C 1nCG~_'-70rcttt:l~. :Tad L1i7.111-
corpor~:ted-areas of the County under the
supervision of Popu lation Research Unit.
(2) Provide all services associated with
personnel administration any: fiscal sup: ort
related to the conducting of the censusr
specifically the recruitment, hiring, training,
compensation, supervision, and termination of
all census personnel recuired to conduct the
census.
(3) Contract for the services of, or employ,
the following classifications of pe:sonnel
required to conduct the census:
(a} Supervisors
(b) Crec•~ Leaders
(c) Enumerators
(4) Provide all services associated with
acquisition of. the following items as necessary
to properly conduct the census:
(a} Temporary of_~fice space and furniture
(b) Office and census supplies
(c) Telephones and, other. utilities
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including all services r_ecTUired to re,•otia~te
agr.cernents, contrac+~s, purchase or.c~er.s, and
7_cases to obtain said services. ,
(5) Provide all services associated. with the
purchase, printing, storacre and distrihuticn
of any and all suaplies and forms necessary f_or
the proper conduct of the census, eJCept as
indicated in Section l.B. below.
(6) Arrange for publicity of the census, said
publicity to include television, radio and
newspaper coverage.
(7) Conduct the census, under supervision of
the Population Research Unit, e~ithin the boundaries
o:c City, said census to regir. on or about
March 1, 1975 and end on or. about April 30, 1975.
(8) Provide data processing support associated
with transferring data on the Porto-punch cards
used to take the census to a magnetic tape and
to transmit that magnetic tape to the Population
Research Unit.
(9) Provide, upon co:rpletion or the census
and as authorized by the State Department of
Finance, a tape and a orint out of census
irYformation relatin7 to City.
B. City agrees to provide: census tract maps for
all territory located within its boundaries.
Section 2. OTIiER _CENSUJi~:J, Er1UI~iER_ATIOT'S, OR POPLIT,ATICV
ESTT'~tATI,S
County's responsibility and liability for the
conduct of a census within Citv's-boundaries shall be
limited to that census of incorporated and unincorporated
territory of the County cont;_acted for bet~•~een County
and the State Department of ~'.*~ance ~•~hich i s referred
to in Section l.A.(1) of this Agreement. County shall
have no responsibility or liability f_or the conduct of,
or payment for, any censuses, enumerations or population
estimates which City may contract for with the State
Department of Finance, or any other census taking or
assisting agency.
Section 3. CONSTDERATI~ii~i FOR SERVICES
A. City agrees to pay County on
1975, as payment for services
the amount of $30.000
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or before March 1,
to be rendered
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~~3. F_t the co*npletion. of the census, City •~hall~ bd
reimh~irsed by Count~,l for the "Value of Ci ~'I°-
PrOViC:~':~ Office ~ :~aCt?," if any, and yOr ti?~ "~~al'aG '_~f
yach- City--Provided tau ~.cmobile, " to h~~ c3ete~, tined ~~ s
follocas
(1) If City offers at no charge to County, and
County accepts, office space which is available
from P•iarch 1, 1975 through April 30, 1975 for_
census taking purposes, the "Value of City-Provided
Office Space" (referred to as "L" belo~•~) shall
equal the Square rootage of City-Provided Office
Space (referred to as "i~I" below) multiplied by
the AvErage Square Footage Costs of All Office
Space rented by County For 1975 Census Taking
Purposes (referred to as "~d" below) , as in the
following formula;
L = M x N
(2) If City offers at no charge to County,
and County accepts, the use of automobile. (s)
(not t.o exceed five) for census taking purposes,
the "Value of Each City-Provided Automobile"
(ref erred to as "'~l , " "P2, " "P , " "Pd , " and
"P5, " below) shall equal the Number or `Files
Traveled by That Automobile (referral to as
pQ11, rr rt~7 r rr rr~,~ ~ n rr~4 i rr anal rr~5 r rr k;e10w)
multiplied by the Rate of Rei~~lbursement Per
Mile (referred to as "R" below), as in the
follo~•~ing formulas:
Pl = Ql x R
P2 = Q2 x R
P3 = Q3 x R
P4 - - Q4 x R
P5 = Q5 x F
The Rate of Reimbursement Per Mile ("R") shall_
equal 16 cents/mile for the first 750 miles in
any month and 10 cents/mile fax every mile there-
after in any month. City, at its expense, sl~~all
be responsible for all costs incurred in the use
of each City-Provided Automobile including, but
not limited to gasoline, oil, maintenance, repairs
and insurance coverage.
C. County's determination of all amounts and measure-
ments under this Section 3 shall be final, subject
to the Au~xit prop.*iti;ioi;s of Section 7.
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Se lion 4. CERT'IFICT~'rli~,~; r';I~' POi~iJLA".'TOti TO S`l~~_'~3
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County shall prcvide to City, as authorized ?~•~ the
Population Yesearch Unit, a ^c~ulation figure obt:;ined as "
result of this census, City hall advise the Population
Research Unit regarding ~J.hether it wishes this population
figure certified to the Controller of the State of California
for purposes of determining entitlement to gas tax revenues
under P.evenue and Tarration Code Section 11001 et sea.
Section 5. CITY LIf?ISON F.~~IuLOYEE
City agrees to designate a City Liaison Employee to assist
in coordination of the census ~~7ithin the boundaries of City.
This City Liaison employee sha)_1 be, for_ all purposes arising
out of this Agreement, an employee of City and not an employee
of County,
Section n. ENTVIRO?~?i~'E?•dTAL CONSIDEpATIO~?
County is hereby designated as the Lead Agency as that term
is defined in the "Guidelines for Implementation of the
California Environmental Quality Act of 1970" (Ch. "3 of Division
6 of Title 14 of the California P.dministrative Code, commencing
with Section 15000) , as amended, Before corn~nencir.g the rendition
of services hereunder, County as Lead Agency, shall to}:e a)_1
steps, make all studies and perform all rec?uirements necessary
to comply fully ~•Tith the L'nvirorr*nental Quality Act of 1970
(Division 13 of the Public P.esources Cocie, cc~-nencing ~ti°i.th
Section 21000), as amended, and as may r.ereafter be amended.
Copies of all actions, studies, reports, evaluations and ot?:er
documents produced in connection with County's duties pursuant
to this section shall be furnished to City.
Section 7. AUDIT
At any time during normal business hours and as often as
the City of San Diego may deem necessary, County shall make
available to the Cify of_ San Diego for examination all of its
records with respect to all matters covered by this Agreement
and_ will permit the Cit~T of Sar. Diego to audit, examine and
make excerpts or transcripts of such records, and to perform
audit procedures as deemed necessary with respect to all
invoices, payrolls, personnel records, equipment, materials,
and other data relating to matters covered by this Agreement.
City agrees to accept the audit of the City of San Diego as
its entitlement to Audit under this Agreement.
Section 8. INDF.MNTFICATION
A. City, its agents, officers, and employees, shall
not be held liable for any claims,. liabilities,
penalties, fines or for damage to any goods,
prope~`~ies or effects of any person whatsoever,
nor for. personal injuries to or death of them,
or any of them, caused by or resulting from any
negligent acts or omissions of County, or its
agent`, employees, or representatives, not
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i_nclucling liahi.lity by re_~srn~ of a:.ts or_ - '
omissi.ol~s caused bar Cite, its aeni:.r or e:r~_~loy~es;
aIic~ CGllllty, 1tS ugent.c~, Ci.flCcr, iI'd E_'7lpl.'_'-'-~',
shall nOt be held lia;~l.e Tor zn_y clai?^.s, 1 ; ~'-,ilities,
penalties, fines or for claina.ge to anv croods,
properties or effects of any .person ~•rhatsoc:ver,
nor for personal injuries to or death of t}lc_m,
or any of them, caused by or resulting from
any negligent acts or omissiens of City, o- its
agents, em*~loyees, or representatives, not in-
cluding liability by reason of acts or omissions
caused by County, its agents or employees.
B. County further agrees to indemnify, ar_d save
free and harmless City and its aut.~orized agents,
officers and employees against negligent acts or
omissions caused by County, its agents or
employees, and any cost and expenses incurred
by the respective pz-rtiYs on acoount cf al~y
cl-aim therefor, and City agrees to inde?~~nify
and save free ar_d harmless County and its
authorized representatives and employees against
negligent acts o_r omissions caused by City, its
agents or employees, ~:nd ar_y cost and e~:penses
incurred by the res~~ec-~ive parties on account
of any claim therefor.
C. It is contempl~._ted by the parties that this
indemnity agreement is not limited ~ n any ~,~ay
by the extera of any policy of insurance
currently in force ar_c? held by either party.
Section 9. IT7"'F'GP.A.i')/D DOCli'~TE1T
This document embodies the agreement between Cour_ty
and City for the census takir_g service described herein
and its terms and conditions. No verbal agreements or
conversation Keith any officer, agent or em?~loyee of
County prior to the executior_ o~ this Agreement shall
affect or modify any of the terms or obligations con-
tained irl ar_y doo;monts cc;mprising t'rlis Agreement. Any
such verbal agreement shall be considered as unofficial
information and in no ~~Jav binding upon County.
Section 10. SEVEF.?1~ILITY OF PROVISIO~?S
If any provisions of this Agreement are held invalid,
the remainder of- this•figreement shall not be affected
thereby if such remainder ~~rould then continue to conform
to the terms ar~d requirements of applicable law.
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' Section 11.. TE?'`M Or l:GRFT,i•'IF,`TT
This agrc~o~?ent. shall E::pi re or_ August 1, 1975.
Section 12. IT?DEPT?IDF'~?T COT~1TRrCTGR
County is, for all purposes arising out of this
Agreement, an irde~endent contractor and~no employee of
Cour_ty is, for any purpose arising out of this Agreement,
an employee of City,
Section 13. AMrND~~!ENTS TO CONTRACT
This Agreement may be .amended at any time by mutual
written agreement of the parties hereto.
Section 14. REPF.ESET~ITATIVES CF COUT?TY
The Deputy Director of Planning, Planning Services,
of County or his designated representative shall represent
County in all matter} pertaining to this Agreement and
shall administer this Agreement on behalf of County.
IN j4ITNESS Z~7'r~EREOF, this Agreement is executed this
4th day of February . 1°75.
CITY OF CHULA VIS A
B
Mayor
CO'J~d OF ~ AIT DIZ~O
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Approved and~or authorized by the Board
of Supervisors of the County of San Diego
~'r! N R 4 1975 ~ -~
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Clerk of the Board of Supervisors
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