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HomeMy WebLinkAboutReso 1984-11583 Revised 3/28/84 RESOLUTION NO. 11583 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MOONEY-LETTIERI FOR THE PREPARATION OF THE CHULA VISTA SPHERE STUDY, APPROPRIATING FUNDS THERE- FOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreanent between THE CITY OF CHULA VISTA, a municipal corporation, and MOONEY-LETTIERI for the preparation of the Chula Vista Sphere Study dated the 3rd day of April , 1984, 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 sum of $26,930 be, and the same is hereby appropriated from the unappropriated balance of the General Fund and be placed in Account 0623-5201 (Advance Planning Professional Services) for said study. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by ~1.' ~r"cror of Planning , /(, )/ l' ,'} "/,,,/-,/,r-I- '.,/"-- ' .../ v'.:.(r~.' I(e. Thomas J. Harron, City At torney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IULA VISTA, CALIFORNIA, this 10th day of April 84 ,by the following vote, to_it: Scott, Malcolm, Cox, Moore, McCandliss 'ES: Councilmen IYES: Councilmen ISTAIN: Col.f!cilmen ISENT: Councilmen None None None "TEST /l.(J" .?/-?6 City Clerk 'ATE OF CALIFORNIA ) IUNTY OF SAN DIEGO ) s s. ry OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, 'HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11583 ,and that the same has not been amended or repealed. ITED (seal) City Clerk :-660 March 20, 1984 AGREEMENT Agreement between the City of Chula Vista and the Planning Consulting Firm of Mooney-Lettieri & Associates, Inc., for the preparation of the Draft Chula Vista Sphere-of-Influence Plan. I. PARTIES The parti es to thi s agreement are the Ci ty of Chul a corporation, (hereinafter referred to as "CITY"); consulting firm of Mooney-Lettieri & Associates, referred to as the "Consul tant"). Vista, a municipal and, the planning Inc. (herei nafter II. PRf1JECT 1. The project, which is the subject matter of this agreement, is the Draft Chula Vi sta Sphere-of- I nfl uence Pl an (herei nafter referred to as the "Sphere Plan"). The Sphere Plan is a proposal which identifies, depicts, and describes the territory for which the CITY would, and has the capacity to governmentally and corporately serve duri ng the next ten-to-fifteen years, call ed the "Muni ci pal Service Area." The Sphere Plan shall also identify, depict, and describe the ultimate boundaries of the City of Chula Vista, and preliminarily address the resolution of any boundary problems or disputes between the Ci ty of Chul a Vi sta and the Ci ti es of San Di ego and Nati onal City, or those which involve the several special districts which serve the Chula Vista Planning Area. 2. This agreement calls for the Consultant's undertaking and completion of all of the work and tasks 1 i sted and di scussed under the "Program Oescri pti on" secti on of the City of Chul a Vi sta' s "Request for Proposal s for the Preparati on of the Draft Sphere-of-Infl uence Pl an," dated January 18, 1984, and attached hereto as Exhibit A. III. INTENT OF THE PARTIES 1. It is the intent of the CITY and the Consultant that the latter shall provide all of the technical and professional services required for the preparation of the Sphere Plan, as called for under the "Request for Proposal s," Exhi bit A, and as proposed under the Consultant's proposal of February 17, 1984, as revised on March 5, 1984. The consultant's proposal, as revised, and letter of transmittal are attached hereto as Exhibit B. 2. The Consultant is specifically charged with the responsibility of coordinating all work on the Sphere Plan with the Director of Planning, the Principal Planner of the Advance Planning Division, and the staff of the San Diego Local Agency Formation Commission 1!--//.>f3 (LAFCO). The Consultant is also specifically charged with the completion of all technical, professional, and publication work associated with the Draft Sphere Plan by June 30, 1984, as prescribed by "Phasing Relationship of the Sphere Study," embodied in Exhibit A. 3. It is the intent of the CITY and the Consultant that the latter shall advi se LAFCO's consultant duri ng the preparati on of envi ronmental documents for the Draft Sphere Plan, and shall participate in public heari ngs on the Draft Sphere Pl an before the City Pl anni ng Commission, the City Council, and LAFCO. IV. COORDINATION OF PROJECT 1. Pursuant to this agreement, the CITY shall authorize the Consultant to work with, subject to the concurrence of the City Manager, all CITY departments and agenci es, for the purpose of expediti ng the project's successful completion. 2. The CITY shall permit access to its facil ities by the Consultant throughout the term of the agreement. V. ADMINISTRATION OF CONSULTING CONTRACT The CITY designates its City Manager, or his designee, as the CITY's representative for the review and administration of the work performed by the Consul tant pursuant to the terms of thi s agreement. The Consul tant and the Ci ty Manager shall meet as necessary, but no 1 ess than each 30-day period, for the purpose of discussing the project. VI. TERM This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or his designee, and shall terminate January 1, 1985, unless terminated pursuant to the provisions contained in Paragraphs VIII or IX. V II .COMPENSATION 1. The compensati on to be pai d by the CITY to the Consultant shall be $26,930 for the complete project. The sum of $10,000 shall be paid by the CITY to the Consul tant on or by April 30, 1984, and an additional sum of $11,000 shall be paid to the Consultant on or by May 31, 1984. The balance of the contract price, $5,930, shall be paid by the CITY on or by December 1, 1984. The City Manager's concurrence that the Consultant has completed one-third, two-thirds, and all of the work requi red under thi s agreement shall be prerequisite to the respective payments called for under this section. - 2 - /<- /158'3 2. The fee established for this agreement includes all work efforts outlined in Section II associated with the preparation of the Draft Sphere-of-Influence Plan. It does not include the work called for under the Post Pl anning Phase of the project, as depicted on the "Phasing Relationship of the Sphere Study" chart of the "Request for Proposal s for the Preparati on of the Draft Sphere-of-Infl uence Pl an"; except, that the Consul tant agrees that the fee covers the Consultant's attendance at three public hearings, one each before the City Planning Commission, City Council, and Local Agency Formation Commission, for the purpose of the Consultant's official submittal and presentation of the Draft Plan. 3. After the submittal of the Draft Sphere-of-Infl uence Pl an, the CITY may desire additional work efforts by the Consultant. The Consultant agrees to perform additional work, upon terms agreeable to the CITY and the Consultant. VII 1. TERMI NATION OF AGREEMENT FOR CAUSE If, through any cause, Consul tant shall fail to ful fill in a timely and proper manner his obligations under this agreement, or if Consultant shall vi 01 ate any of the covenants, agreements, or sti pul ati ons of thi s agreement, the CITY shall have the right to terminate this agreement by wri tten notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by the Consultant shall, at the option of CITY, become the property of CITY, and the Consultant shall be entitl ed to recei ve just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of termination, not to exceed the amounts payable under Paragraph VII herei nabove. IX. TERMINATION FOR CONVENIENCE OF CITY CITY may termi nate thi s agreement at any time and for any reason by wri tten noti ce to the Consul tant of such termi nati on and spec ify i ng the effective date thereof, at 1 east thirty (30) days before the effective date of such termi nati on. I n that event, all fi ni shed and unfi ni shed documents and other materials described in Section VIII hereinabove shall, at the option of CITY, become CITY's sole and exclusive property. If the agreement is terminated by CITY as provided in this paragraph, the Consultant shall be enti tl ed to recei ve just and equitabl e compensati on for any satisfactory work completed on such documents and other materials to the effective date of such termination. The Consultant hereby expressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph VII hereinabove in the event of such termination. - 3 - rf-/lj-g-J' X. ASSIGNABILITY The Consultant shall not assig~ any interest in this agreement, and shall not transfer any interest ln the same (whether by assignment or novation), without prior written consent of CITY; provided, however, that cl aims for money due or to become due to the Consultant from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to the CITY. Any assignment requiring approval may not be further assigned without CITY approval. XI. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of the CITY. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copyrights, or patent ri ght by the Consul tant in the United States or in any other country wi thout the express wri tten consent of CITY. CITY shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materi al s or properti es produced under thi s agreement. XII. INDEPENDENT CONTRACTOR The CITY is interested only in the results obtai ned, and the Consultant shall perform as an independent contractor with sol e control of the manner and means of performing the services required under this agreement. The Consultant and any of the Consultant's agents, employees, or representatives are, for all purposes under this agreement, are independent contractors, and shall not be deemed to be an employee of CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefi ts, worker's compensati on benefi ts, injury 1 eave, or other leave benefits. XIII CONFLICT OF INTEREST The Consultant hereby expressly covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the performance of services required to be performed under this agreement. - 4 - t? ~ !/5-9'? XIV. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to, prepared or assembled by Consul tant under thi s Agreement whi ch the CITY requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the CITY. XV. CHANGES CITY may from time to time require changes in the scope of the services by the Consultant to be performed under thi s agreement. Such changes, i ncl udi ng any increase or decrease in the amount of the Consul tant I s compensation which are mutually agreed upon by CITY and the Consultant, shall be effective as amendments to this agreement only when in writing. IN WITNESS WHEREOF, the CITY, and the Consultant have executed thi s Contract for Planning Services (agreement) this 3rd day of April, 1984. CITY OF CHULA VISTA Approved as ~o form by / / DP:vt WPC 0840P - 5 - /.(-//IgJ