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HomeMy WebLinkAboutReso 1965-3629RESOLUTION NO. 3629 RESOLUTION. OF .THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CONTRACT FOK PLANNING SERVICES OF NOVEMBER 7, 1962 BETWEEN THE CITY OF CHULA VISTA AND .THE STATE OF CALIFORNIA The City Couhcil of•the City of Chula Vista does hereby resolve as follows: WHEREAS, the'State of California and 'the City of Chula Vista entered into a °'Contract for Planning Services," dated November 7, 1962, further identified as LPO-P/75-CS-1, hereinafter referred to as."the' contract,° and WHEREAS, the contract provides that no alternatives of 'the terms thereof shall be binding upon the parties thereto unless made in writing, .and WHEREAS., it is desired to amend the contract in the follow- irig particulars: 1. Paragraph 9: Increase the total amount of the City's service obligation to be performed from the sum of $8,7.50.00 to $9,164.00, an increase of $414.00. ' 2. Paragraph 9: Ihcrease the total amount of the City's cash obligation from the sum of $7,501.00 to $8,224.00, an increase of $723.0.0. 3. Exhibit '°A": Amend same by :including the following items which read: (1) ""Preparation and publication of .a full color may ,..22" x'29",' of the Chula Vista General Plan containing a brief summary of the"text of the Plan as contained in the General Plan report, printed in .5,000 copies in four colors; and (2) "•Geheral Plan Map with brief summary of'text -'22°' x 29°° printed in 5,000 copies in four colors;': as items 6.d. and 9.a.14), respectively, 4. Exhibit '°B°': Amend same to increase .the maximum amount ,; for which the City may be credited for the performances of services from the sum of,$8,7.50..00 to $9,164.00, an increase of $4.14.00. NOW, THEREFORE, BS .IT RESOLVED as 'follows: 1. That Paragraph 9 of the contract be, and the same is hereby amended to read as follows: Page 1 ' 9. '. The City agrees to pay to the State an amount equal to the cost; less the Federal grant made and actually disbursed under the contract, provided that for the. purposes of the foregoing, Federal monies shall be deemed to be actually disbursed in accordance with final adjust- . mehts of. the amounts due between the State and Govermnent uhder-the contract. The City agrees to render .all of the services. As the services are completed,. the. State wi l then pay to the City the actual cost thereof „not to exceed the sum of $9,164.00; by offsetting such amounts due the City in connection with .the performance of such services against the City_'s obligatioh to pay the State as part of the cost .the maximum total amount prescribed by °' Exhibit B°' .. Such offset shall be in a manner provided far ;by Section VIII-of the Accounting Procedures. relating to.Urban Planning Assistance Grants, as promulgated in May, 195b by. the Housing and Home Finance Agency. For the purpose of computing the actual cost of the services, employees of the City performing work on the services shall be deemed. ~to be paid an hourly rate equal to their total 'annual salary, plus 'the: City°s annual contribution to Social Security., Retirement, and Compensa- tion Insurance „ if any, ;with respect to such employee, divided by 2,000, with appropriate adjustments with respect to period after any subsequent change in annual ,~ with furnishing the•~services, the City. shall actual cost'of any portion thereof exceeding scribed in "Exhibit B" in connection with u hours•worked during any salary. In connection not be credited with 'the the maximum amount pre- ~h portion except .to the extent that it has completed any other portion.or portions of the services for less than the maximum amount prescribed in."Exhibit B" for such portion or portions. It is agreed that the City will follow 'the same procedures for incurring costs, relative to .minimizing expense, that the City would follow if it were engaged in a unilateral undertaking. It is recognized that the State,' upon entering into. the contract, has an obligation to, complete the services if the City does not. The 'City agrees to render the services as expeditiously as possible, commencing on or after November 7, 1962, and completing same by June 27, 1964. In the event that the City, does not_render "any portion.. of the services within what the. State deems to be a reasonable time, or Page 2 .. complete the'same within the time.specfied, the State shall have the right to demand that -the City pay to the State ih~cash that amount which the State deems will be necessary to complete the balance, or any portion of the balance of the services, and the-:City shall promptly comply with . sucYi'request. In such event, the State:-shall complete such 'services in such' manner .as it deems advisable, provided that if the amount of cash-' which the City remits,' upon demand of the State, for such completion is: actually insufficient to defray the cost to the State of completing such services, the City agrees to promptly forward to the State ,• upon the latter's request, .any additional amounts which the State 'deems . necessary•to defray such costs', and provided further that if such amount' forwarded to the State 'upon its demand is, greater than needed to complete the services, ,the State will promptly return to ,the City any excess amount not needed for such completion. As a credit against its obligation to pay the cost, the City agrees to pay the 'State the cash sum of $7.,'501.00 on or before November 8,' 1962, and $7.23.00 on or before ~ ~ '' 1965. In addition to any other obligation assumed. under this agreement, the City also agrees-that it will promptly remit to the State upon its request any additional amounts which the state deems necessary by reason of any default on the part of the City in .the completion of services, or by reason on the part of any consultant with. whom the State should contract to carry out any portion of'the'project, 2. That ."Exhibit A" of the contract be, and the same is hereby amended by adding after items.6{.d.~and 9.a.13) of said Exhibit A, respectively, the following items: 6:d. Preparation and publicati'on.of a full' color map ,. 22" x 29", of .the Chula Vista General Plan containing a brief summary of 'the text of the Plan as contained in the General Plan report, printed in 5,000 'copies in four colors. . ~9.a.14) General Plan map with brief summary of text -.22°° x 29" printed in 5,000 copies in four colors: 3: That portion of "Exhibit B" of the contract pertaining to the maximum amounts for which .the City may be credited for the performance of certain services is hereby. amended to -read as'follows: Page 3 The maximum amounts for which the City may be credited £or the performance of the above services; subject to provisions, however, of Paragraph '9, a.re as follows: Item l.a. x,207.00 - .Item 1:b. 850.00 Item l.. c. 1,300.00 Item 1..d. 950.00. ' item l:e. 800.00 .Item L.f. 550:00 Item l.g. 1,050..00 Item 2 1,457.00• TOTAL MAXIMUM CREDITABLE $ 9.,164.0-0 4. 'That 'all .other provisibns'of th'e•contract shall remain in '.full force and effect. ~~ ~ ._ .- , , Presented by Approved as to form by ' George D./ ind rg C y. Att ney~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this?ndday of February , 19 65 , by the following vote, to-wit: AYES: COUNCILMEN McCorquodale Anderson McMains McAllister,. Sparling NAYES: COUNCILMEN ABSENT: COUNCILMEN None C>/~~~~ L~, /~ (/L.vt Mayor of theSlity of Chula Vi to ATTEST `7! f' ~ ~ - ' i o°~--•,`°",.L~ ity Clerk i STATE OF CALIFORNIA COUNTY OF SAN DIEGO } ss. CITY. OF- CHULA VISTA ) ' ~'I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy and that the same has not been amended or repealed. DATED: City Clerk CC 652