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HomeMy WebLinkAboutReso 1988-13774 RESOLUTION NO. 13774 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ANTHONY J. LETTIERI FOR CONSULTANT SERVICES AS SENIOR PLANNER FOR THE MONTGOMERY SPECIFIC PLAN IMPLEMEN- TATION PROGRAM 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ANTHONY J. LETTIERI for consultant services as senior planner for the Montgomery Specific Plan Implementation Program dated the 6th day of September , 1988 , 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. Presented by Approved as to form by 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA V~STA, CALIFORNIA, this 6th dOy Of September 19 88 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Malcolm, Cox, Moore NAYES: Counci 1 members Nader ABSTAIN: Counci lmembers None ABSENT: Counci lmembers None ' ofF ~ Chulo Visfo ATTESTS/, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13774 ,ond thor the some hoe not been omended or repeoled City Clerk CC-660 CONTRACT FOR PLANNING SERVICES WHEREAS, the City of Chula Vista is presently in need of professional planning assistance for the administration of the Montgomery Specific Plan implementation program; and, WHEREAS, Mr. Anthony J. Lettieri, a principal with the firm of Lettieri-McIntyre and Associates, who has administered a number of planning projects and programs, including projects while working six years for San Diego County Department of Planning and Land Use; and, WHEREAS, the City of Chula Vista desires to retain Mr. Anthony J. Lettieri for the performance of services as are hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and Mr. Anthony J. Lettieri, planning consultant, do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a municipal corporation (hereinafter referred to as "CITY"; and Mr. Anthony J. Lettieri, a planning consultant (contract planner), who is hereinafter referred to as "CONSULTANT." II. INTENT OF THE PARTIES It is the intent of the CITY and CONSULTANT that CONSULTANT accept the primary professional responsibility for the guidance and structuring of meetings and hearing processes through the Montgomery Planning Committee, the Planning Commission and the City Council for the ongoing implementation of the Montgomery Specific Plan. CONSULTANT's obligation shall include his representation of the CITY at various meetings, presentations, and hearings. CONSULTANT shall attend all meetings and hearings of the Chula Vista City Council, the Chula Vista City Planning Commission, and the Montgomery Planning Committee, where the subject of the meetings or hearings is the implementation of the Specific Plan. III. SCOPE OF WORK A. The CONSULTANT shall, under the general direction of the Director of Planning of the CITY, and the general line guidance of the Principal Planner of the Current Planning Division of the CITY, undertake and complete the ongoing development of zoning studies, zoning strategies and ordinance amendments to transfer the existing County zoning to the appropriate City zoning in compliance with the goals and objectives of the Specific Plan. The adopted Montgomery Specific Plan shall serve as the document that guides any land use considerations or rezoning efforts for the Montgomery Community, which is hereby defined as those settlements within the Castle Park, Otay, Harborside, Broderick Acres, Woodlawn Park, Fairfield, and Faivre neighborhoods which were annexed to the City of Chula Vista on December 31, 1985. B. The CONSULTANT shall regularly consult with the Director of Planning and the Principal Planners of the Advance and Current Planning Divisions of the CITY, in order to facilitate the implementation of the Specific Plan as prescribed by the above subsection of this agreement. IV. OBLIGATIONS OF THE CITY A. The CITY shall provide the CONSULTANT at the CITY's own expense the following: 1. Work space with telephone and furniture. 2. Office supplies and printing and duplicating services. 3. Typing services. B. The Principal Planner of the Current Planning Division shall assign an Associate or Assistant Planner to the service of the CONSULTANT, and shall, upon request, provide the CONSULTANT technical assistance. The said Principal Planner shall also, on a time-available basis, provide the CONSULTANT personal, professional guidance and advice. V. COORDINATION OF PROJECT WORK Pursuant to this agreement, CITY shall authorize CONSULTANT to coordinate and expedite, subject to the concurrence of the Director of Planning, all work called for under this agreement with CITY departments and other governmental agencies. VI. ADMINISTRATION OF CONTRACT The CITY hereby designates the Director of Planning as the CITY's representative in the review and administration of the work performed by CONSULTANT pursuant to the terms of the Scope of Work. The parties acknowledge that the Scope of Work may be updated and/or amended from time to time as work progresses. VII. PROJECT SCHEDULE AND COMPLETION DATES All of the tasks assigned to the CONSULTANT under the terms of this agreement should be completed by March 15, 1989, unless the completion date is extended by a new or amended agreement between all parties. VIII. ACCESS TO FACILITIES The CITY shall permit accessto its facilities, files and records by CONSULTANT throughout the term of the contract. IX. TERM This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or hi s designee, and shall terminate, i f not extended by all parties, on March 15, 1989. X. COMPENSATION The compensation to be paid by CITY to CONSULTANT for the work called for under this agreement shall be $18,300.00. CONSULTANT shall submit monthly invoices to the Director of P1 arming of the CITY. Payment shall be made to CONSULTANT within thirty (30) days. The CITY .agrees to pay the total sum billed by the CONSULTANT each month for the duration of this agreement. The CONSULTANT shall not receive retirement benefits, paid vacations, or other fringe benefits. XI. INTEREST OF CONSULTANT CONSULTANT presently has no business relationship with any persons or firms doing business within the Chula Vista Planning Area which would constitute a conflict of interest or give the appearance of such conflict. CONSULTANT may not conduct business for third parties which may be in conflict with CONSULTANT'S responsibilities under this contract. CONSULTANT may not solicit any business during the term of this contract which may conflict which his or her responsibilities under the contract. XII. HOLD HARMLESS CONSULTANT agrees to indemnify and hold harmless the CITY from and against all liability, cost and expense (including without limitation attorneys' fees) arising from loss of or damage to any property whatsoever or injury to or death of any person whomsoever caused or occasioned by the negligent act or omission of CONSULTANT or any agent or employee of CONSULTANT, arising out of or in connection with this agreement or the work to be performed by CONSULTANT hereunder, XIIIo TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at 1 east five (5) days before the effective date of such termination. In that -3- event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by CONSULTANT shall, at the option of the CITY, become the property of the CITY, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Paragraph X hereinabove. XIV. TERMINATION FOR CONVENIENCE OF CITY CITY may terminate this agreement at any time and for any reason by giving specific written notice to CONSULTANT of such termination and specifying the effective date thereof, at least thirty (30) days before the effective data of such termination. In that event, all finished and unfinished documents and other materials described in Paragraph XII 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, CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph X hereinabove in the event of such termination. XV. ASSIGNABILITY CONSULTANT shall not assign any interest in this agreement, and shall not transfer any interest in the same Iwhether by assignment or novation), without prior written consent of CITY. XVI. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials for properties produced under this agreement shall be the sole and exclusive property of CITY. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copy rights, or patent rights by CONSULTANT in the United States or in any other country without the express written 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 uses copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. XVII. INDEPENDENT CONTRACTOR CITY is interested only in the results obtained, and CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. CITY maintains the right only to reject or accept Project Manager's final work product as each phase of this Agreement is completed. CONSULTANT and any of Project Manager's agents, employees, or representatives are, for all purposes under this -4- Agreement, an independent contractor, 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 benefits, worker's compensation benefits, injury leave, or other leave benefits. XVIII. CHANGES CITY may from time to time require changes in the scope of the services by CONSULTANT to be performed under this agreement. Such changes, including any increase in the amount of CONSULTANT's compensation, which are mutually agreed upon by CITY and CONSULTANT, shall be effective as amendments to this agreement only when in writing. IN WITNESS WHEREOF, CITY, and CONSULTANT have executed this Contract for planning services (agreement) this J s~ day of~/-~,~ , 198___~. APPROVED AS TO FORM BY ) CITY OF CHULA VISTA ty At~ BY:Gr C~, Ma~or~ CONSULTANT BY:Anthony J. L~'t' ~i, Planning Consultant ~ (Contract Planner) WPC 2536P