HomeMy WebLinkAboutReso 1978-9298Farm No. 342
Rev. 2/76.
RESOLUTION NO. 9298
RE OLUTION OF THE~CITY COUNCIL OFyE"CITY OF CHULA
VI TA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VI TA AND MILTON TYRE FOR CONSULTANT SERVICES
ANLD AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
resole
Th~ City Council of the City of Chula Vista does hereby
as f llows:
NO , THEREFORE, BE IT RESOLVED that that certain agrQement
betw~ n THE ITY OF CHULA VISTA, a municipal corporation, and
MILTO TYRE, for consultant services
dated
which
fully
the 2 th day of September 1978 , a copy of
is att ched hereto and incorporated herein, the same as though
set fo th herein be, and the same is hereby approved.
8E IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, an he is hereby authorized and directed to execute said
agree ent fo and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
[a. J. Robens Director of George D. Lindberg, City Attorney
Publi Works
AD PTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA CALIF RNIA, this 26th day of September 19 78 by
AYES: Cou cilmen Scott, Cox, Egdahl, Hyde, Gillow
NAYES Cou cilmen None
ABSEN Cou cilmen None
,~~ Mayor of the City of Chula Vista
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ATTES
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STATE OF CAL FORMA)
COII1~~ OF S DIEGO) ss .
CITY F CHUL VISTA)
I, City Clerk of the City
of Ch la Vis a, California, DO HEREBY CERTIFY that the above is a full,
true nd cor ect copy of Resolution No. and that the same has
not b en ame ded or repealed. DATED
City Clerk
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CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES ~....~.~-•..
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THIS AGREEMENT, made this 26th day of September ,
,19 8, by nd between the CITY OF CHULA VISTA, a Municipal Corporation
(h reinaf er referred to as "CITY), and Tyre and Kamins, located
at 1800 C ntury Park, East, Los Angeles, California (hereinafter
re erred o as "CONTRACTOR").
W I T N E S S E T H
1
WHEREAS, CITY desires to engage CONTRACTOR to render
ce tarn t chnical and/or professional services hereinafter described
fo the a alysis of all possible legal and economic impacts that the
U. S. Dep rtment of Labor 13(c) Regulations could have on the City
pr'or to he acceptance of any Federal Transit Grant Funds, and
re ated s btasks;
WHEREAS, CONTRACTOR is qualified and agreeable to render
of resaid technical and/or professional services;
NOW, THEREFORE, in consideration of the foregoing and of
th mutua promises hereinafter expressed and intending legally to
be bound ereby, the parties hereto do mutually agree as follows:
Ar icle 1. Employment Contractor
CITY hereby agrees to engage CONTRACTOR to perform the
to hnical and/or professional services as hereinafter set forth.
icle 2`. Scope of Services
CONTRACTOR shall perform all work necessary to complete
in a mann r satisfactory to CITY the services set forth in Appendix A,
at ached ereto and by reference incorporated herein and made a
pa t here f.
Arlticle 3I. Personnel
A. CONTRACTOR represents that it employs, or will employ,
at its o expense, personnel required in performing the service under n
this Agreement, and as set forth in Appendix A.
B. All of the services required hereunder will be performed
b CONT CTOR and all personnel engaged in the work shall be fully
q alifie and be authorized and permitted under State and local law to
form sluch service.
Arlticle 41
Time of Performance
The services of CONTRACTOR are to commence within five (5)
da s afte the CITY has authorized work to start by the issuance of
~~a otice o Proceed. The tasks as set forth in Appendix A will be
co pleted and submitted to the CITY within two weeks after receipt
of Notice to Proceed.
Ar icle 5. Notice Regarding Late Delivery
In the event the CONTRACTOR encounters difficulty in
me ting p rformance requirements, or anticipates difficulty in
co plying with the contract delivery schedule, or date, the CONTRACTOR
sh 11 imm diately notify CITY thereof giving pertinent details
in luding the date by which it expects to complete performance or
ma e deli ery; provided, however, that this data shall be infor-
ma Tonal my in character and that receipt thereof shall not be
co strued as a waiver by the CITY of a contract delivery schedule
or date, r any rights or remedies provided by law under this contract.
icle tip. Limitation of Cost
The total cost to CITY for the technical and professional
services to be prepared by CONTRACTOR shall not exceed Two Thousand
a d Five Hundred Dollars ($2,500).
Adjustment of total cost will be permitted when the
C NTRACT R establishes and CITY, is in agreement that there has been
o is to be a significant change in:
(a) Scope, complexity or character of the services
to be performed;
(b) Conditions under which the work is required to be
performed.
ticle 71. Payment
Upon completion of the project, CONTRACTOR shall submit
t CITY n invoice for the total project fee. Promptly after receipt
o the i voice and after approval by the City's Director of Public
W rks, t e CITY shall make payment thereon to the CONTRACTGFZ, not to
e Geed T o Thousand Five Hundred Dollars ($2,500) lump sum amount.
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Article f3 . Records and Audits
CONTRACTOR shall maintain complete and accurate records
wi h resp ct to costs incurred under this Agreement to include the
re ords s pporting cost proposals used to enter into a contract with
th CITY. All such records shall be maintained on a generally
ac epted ccounting basis and shall be clearly identifiable.
CO TRACTO shall make available to the representative of CITY, or
th it app intees, during normal business hours, all of such books
an recor s, and the right to examine and audit the same, and to
ma e trap cripts therefrom as necessary.
Ar icle 9. Covenant Against Contingent Fees
CONTRACTOR warrants that he has not employed or retained
an compa y or person to solicit or secure this contract, and that
he has no paid or agreed to pay any company or person any fee,
co issio , percentage, brokerage fee, gifts, or any other considera-
ti n, con ingent upon or resulting from the award or making of this
co tract. For breach or violation of this warranty, CITY shall have
th right to annul this contract without liability or, in its
di cretin to deduct from the contract price or consideration, or
of erwise recover, the full amount of such fee, commission, percentage,
br kerage fee, gift or contingent fee.
Article 1(~. General Provisions
Those provisions as set forth in the General Provisions
at ached ereto are by reference incorporated herein and made a part
he eof.
Ar icle 1 Subcontracting
CONTRACTOR shall not subcontract any portion of the work
re uired y this Agreement, without prior approval of CITY.
Ar icle 1 Termination of Agreement for Cause
a. The CITY may, subject to the provisions of paragraph
"c' of th s clause, by written notice to the CONTRACTOR, terminate
the wholeor any part of this Agreement in any of the. following
ci~?cumstarlces
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1. If the CONTRACTOR fails to perform the services
called for by this Agreement within the time(s) specified
herein or any extension thereof; or
2. If the CONTRACTOR fails to perform any of the
C
other provisions of this Agreement or so fails to make
progress as to endanger performance of this Agreement in
accordance with its terms, and in either of these two
circumstances does not correct such failure within a period
of ten (10) days (or such longer period as the CITY may
authorize in writing) after receipt of notice from the
CITY specifying such failure.
b. Except caith respect to defaults of subcontractors, the
TO~t shall not be liable for any excess costs if the failure
to perfor this Agreement arises out of causes beyond the contro l
an witho t the fault or negligence of the CONTRACTOR. Such causes
ma inclu e, but are not restricted to, acts of God or of the public
en my, ac s of the Government in either its sovereign or contractual
ca acity, acts of the CITY, fires, floods, epidemics, quarantine
re tricti ns, strikes, and unusually severs weather; but in every
ca e, the failure to perform must be beyond the control and without
th fault or negligence of the CONTRACTOR. If the failure to per-
fo m is c used by the default of a subcontractor, and if such default
arises ou~ of causes beyond the control of both the CONTRACTOR and
su~contra~tor, and without the fault or negligence of either of them,
th CONT CTOR shall not be liable for any excess costs for failure
to perfor unless the services to be furnished by the subcontractor
wee obtainable from other sources in sufficient time to permit the
to meet the required delivery schedule or other performance
uiremehts.
pa agraph
to provide
c. If this Agreement is terminated as provided in
"a" of this clause, the CITY may require the CONTRACTOR
all finished or unfinished documents, data, studies,
se vices, drawings, maps, models, photographs, reports, etc.,
pr pared y the CONTRACTOR. In this event, the CONTRACTOR shall be
-4-
en itled t
pe formed
o receive just and equitable compensation for the services
on the aforementioned and all costs associated thereto.
e. If, after notice of termination of this Agreement
un er the provisions of this clause, it is determined for any reason
th t the ONTRACTOR was not in default under the provisions of this'
cl use, o that the default was excusable under the provisions of
th's clau e, the rights and obligations of the parties shall, if the
Ag Bement contains a clause providing for terminations for convenience
of the CI Y, be the same as if the notice of termination has been
is ued pu suant to such clause.
Article 1~. Prohibited Interest
No. member, officer or employee of the CITY or of a local
or state ublic body during his tenure or one year thereafter shall
ha e any nterest, d~.rect or indirect, in this contract or the proceeds
th reof .
Ar icle 1 ~ Interest of Members of Con ress
No member of or delegate to the Congress of the United
St tes sh 11 be admitted to any share or part of this contract or
to any be efit arising therefrom.
Article l~~ Notice
suant
pa ty by
ma~l, ret
A~E~
Any notice or notices required or permitted to be given
o this Contract may be personally served on the other
he party giving such notice, or may be served by certified
rn receipt requested, to the following addresses:
Jack A. Bloom
Transit Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
ity Jerk
Ap roved s F m by:
'~
ity Attorney <i
Milton Tyre
Tyre & Kamins
1800 Century Park, East
Los Angeles, CA 90067
CITY OF ULA VIS
By
yo o, T~ Pe.QE
r
APPENDIX A
Scope of Services
A.
Contractor will:
Provi e consulting services required to analyze all possible
legal and economic impacts that the U. S. Department of Labor
13 (c) regulations could have on the City of Chula Vista prior
to it acceptance of any Federal Transit Grant funds. The
scope of services will include the conduct of the following
tasks:
Task 1 - Determination and analysis of the pertinent
impacts of 13 (c) on the current and future
salaries and fringe benefits of the employees
of the City's contracted transit operator,
Aztec Bus Lines.
Task 2 - Analysis of the effect 13 (c) would have on the
current and future salary and benefit package
of City employees should the City decide to
take over operation of its municipal transit
system (either prior to or after .the signing
of 13 (c) .
Task 3 - Determination of the potential relevant impacts
13 (c) would have on the City should a regional
(i.e., PRTDB) or subregional (i.e., a South
Bay Transit District) transit district be formed
in the near future.
Task 4 - Prepare analysis addressing the issue of having
signed a 13 (c) agreement, would the City have
any responsibility for Aztec operators if the
-City terminated the Aztec contract and assumed
full operating responsibility on its own?
Task 5 - Prepare analysis addressing the issue of having
signed a 13(c) agreement (for either operating
or capital assistance), does the City have
continuing responsibility for Aztec operators,
should the City wish to engage a contractor
other than Aztec?
Task 6 - Type report and deliver original and six (6)
copies to City's Transit Coordinator.
B.
in
of
CITY chill:
1. P~ovide CONTRACTOR with any record information available
City's files that may be deemed necessary for proper analysis
the PROJECT.
2. Participate in the PROJECT primarily for consultation,
~rdinatlion and review.
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