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HomeMy WebLinkAboutCC RESO 14,380L. RESOLUTION NO. 14,380 RESOLUTION AUTHORIZING THE CITY OF NATIONAL CITY TO ENTER INTO AN AGREEMENT WITH CASTANEDA AND ASSOCIATES FOR PREPARATION OF AN UPDATED HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, the City of National City desires to enter into an agreement with Castaneda and Associates in order to prepare State -mandated revisions to the Housing Element of the General Plan known as the "National City Housing Element"; and WHEREAS, such contract shall begin July 23, 1984; NOW, THEREFORE, BE IT RESOLVED that the Mayor is authroizzed and directed to execute an agreement between the City of Natinal City and CAstaneda and Associates for preparation of an updated Housing Element of the General Plan. PASSED and ADOPTED this 17th of July, 1984. ATTEST: AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CASTANEDA AND ASSOCIATES FOR PROFESSIONAL SERVICES TO PREPARE THE HOUSING ELEMENT UPDATE THIS AGREEMENT, made and entered into this day of June, 1984, by and between the City of National City, a general law City (hereinafter referred to as "CITY"), and Castaneda and Associates (hereinafter referred to as "CONTRACTOR"): WITNESSETH: The parties hereto do agree as follows: 1. RECITALS. This Agreement is made and entered into with respect to the following facts: (a) CITY desires to utilize the technical and professional services of CONTRACTOR in order to prepare State -mandated revisions to the Housing Element of the General Plan known as "National City Housing Element" (hereinafter "Project"); and (b) That CONTRACTOR has agreed to perform the services with respect to the Project, upon the terms and conditions set forth in this Agreement; and (c) That the City Council of CITY has heretofore determined that the public interest and con- venience require the execution of this Agreement in order to obtain the services herein described. 2. SERVICES. CONTRACTOR agrees to perform all work necessary and required in order to submit to the CITY a revised Housing Element, ready for adoption by the CITY, sufficient in form and content to meet -1- applicable State laws and guidelines. The work to be performed shall be in accordance with the document attached hereto, marked Exhibit "A", entitled Scope -of -Services and dated 2 May 1984. 3. TIME FOR PERFORMANCE. CONTRACTOR agrees to perform the work, above described, within the times set forth on Exhibit "A", attached hereto. The parties acknowledge and agree that time is of the essence for execution of this Agreement and that all work to be performed by CONTRACTOR shall be timely and performed in accordance with the schedule set forth in said Exhibit "A". 4. COMPENSATION. The CONTRACTOR shall be compensated for the services required hereunder in the sum of $7,450 in accordance with the compensation schedule as contained in Exhibit "A". Invoices with itemized costs shall be submitted monthly to the Director of Planning. 5. STATUS OF CONTRACTOR. For the purpose of this Agreement, CONTRACTOR shall be deemed, for all purposes, an indepen- dent contractor; not an, agent or employee of the City. CONTRACTOR shall supply all personnel, fully qualified, necessary to perform the work contemplated by this Agreement. CONTRACTOR agrees that he will provide all necessary personnel, equipment and material, at his sole expense, in order to perform the work of him pursuant to this Agreement. 6. OWNERSHIP OF DOCUMENTS. All of the finished or unfinished documents required to be prepared pursuant hereto, shall be deemed for all purposes, to be the property of CITY and will be turned over to the City upon demand, but in any event upon completion of the project. -2- CONTRACTOR shall provide CITY with not less than the copies specified in Exhibit "A", Scope -of -Services. 7. MEETINGS. CONTRACTOR shall be responsible for one (1) study session each with CAC, Planning Commission and City Council and one (1) public hearing before both the Planning Commission and City Council. Additional public or coordination meetings with the State Department of Housing and Community Develop- ment shall be authorized in advance by the Director of Planning and shall be charged on a time, material and direct cost basis in accordance with the contingency fee schedule as attached hereto as Exhibit "B" and incorporated herein. 8. ASSIGNABILITY. CONTRACTOR shall not assign or transfer any interest in this Agreement without prior written consent of CITY thereto. 9. HOLD HARMLESS AND INSURANCE. CONTRACTOR shall indemnify, defend and hold harmless the City, its officers, agents, and employees from any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies to contractor in connection with the performance of this Agreement and from any and all claims, damages, or losses occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, or materials to CONTRACTOR in connection with the performance of this Agreement and from any and all claims, damages or losses occurring or resulting to any persons, firms, or corporations who may be injured or damaged by CONTRACTOR in the performance of this Agreement. 10. AMENDMENTS. This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements -3- expressed or implied, oral or written except as set forth herein. This Agreement may not be amended except upon written consent. 11. NOTICES. Notices pursuant to this Agreement shall be given by personal service upon the person to be notified, or upon deposit of the same in the custody of the U.S. Postal Service, postage prepaid to be addressed as follows: (a) City of National City City Hall 1243 National City Boulevard National City, California 92050 Attention: Director of Planning (b) CONSULTANT: Ralph Castaneda, Jr. Castaneda and Associates 749 South Brea Boulevard - Suite 45 Brea, California 92621 Attention: Ralph Castaneda, Jr. Notice pursuant hereto shall be deemed given as of the date of personal service, or two days after the deposit of the same in the custody of the said postal service. 12. TERM. The term of this Agreement shall be for the period specified in Exhibit "A", Scope -of -Services, and the work to be performed pursuant hereto shall be performed within the times set forth on Exhibit "A". Notwithstanding the foregoing, CITY reserves the right to terminate, upon ten (10) days written -4- notice, this Agreement. In event of such termination, CONSULTANT shall be entitled to payment for services rendered through and including the date of giving such notice of termination. It is further agreed that the primary individual responsible for the execution of the contracted services by the Consultant shall be Ralph Castaneda, Jr. of Castaneda and Associates. In witness whereof, the parties have executed this Agreement on the day first above written. CITY OF NATIONAL CITY By: Date: Mayor Attest: By: Date: City Clerk CASTANEDA AND ASSOCIATES By: Date: -5-