HomeMy WebLinkAboutCC RESO 11,676RESOLUTION NO. 11,676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY DECLARING ITS INTENTION TO CAUSE A CENSUS TO BE TAKEN
OF THE CITY OF NATIONAL CITY IN THE YEAR 1975 AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH THE COUNTY OF SAN DIEGO FOR THE TAKING OF A 1975
CENSUS
WHEREAS, the City of National City is desirous
of obtaining a current accurate census (enumeration of
population) within its boundaries; and
WHEREAS, the County of San Diego is desirous of
obtaining a current accurate census of both the incorporated
and unincorporated portions of the County of San Diego; and
WHEREAS, the census may be used, inter alia, for
the purpose of determining entitlement to certain gas tax
revenues under Revenue and Taxation Code Section 1101 et
seq.; and
WHEREAS, pursuant to Revenue and Taxation Code
Section 11005.6, said census may be used for the purpose
of determining entitlement to gas tax revenues only if it
is conducted under the supervision of the Population Research
Unit of the State Department of Finance (hereinafter referred
to as "Population Research Unit");
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
of the City of National City, pursuant to Government Code
Sections 40200 and 40201, declares its intention to cause
a census to be taken of the City of National City, in the
year 1975, which census shall be validated by the Population
Research Unit;
BE IT FURTHER RESOLVED THAT the City Manager is
hereby authorized to enter into an Agreement with the County
of San Diego for the taking of a 1975 Census.
PASSED AND ADOPTED this 4th day of February, 1975.
ATTEST:
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AGPF;?M NT BETWEEN COUNTY OF SAN DIEGO
:tND T E CITY OF NATIONAL CITY
• 1� i i CE:;SUS
FOR THE TAKING OF ii
THIS 1'GREEYENT is entered into by and between
the County of San Diego, hereinafter referred to. as
"County", and the City of NATIONAL CITY ,
"C' pursuant to
hereinafter referred to as "City", i
authority granted in Article 1 (commencing with
Section 6500) of Chapter 5; Division 7, Title 1
of the Government Code relating to Joint' Powers
Agreements.
WIT1 ESSETH:
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WHEREAS, City is desirous of obtaining. a current
accurate census (enumeration of population) within
its boundaries; and
WHEREAS, County is desirous of obtaining a
current accurate census of both the incorporated
and unincorporated portions of the County of San
Diego; and
WHEREAS, the census may be used, inter alia, for
the purpose of determining entitlement to certain gas
tax revenues under Revenue and Taxation Code Section
11001 et seq.; and
WHEREAS, pursuant to Revenue and Taxation Code
Section 11005.6, said census may be used for the
purpose of determining entitlement to gas tax revenues
only if it is conducted under the supervision of the
Population Research Unit of the State Dep.zrtment of
Finance (hereinafter referred to as "Population Research
Unit"); and
WHEREAS, City and County recognize that the total
costs to City and County associated with the provision of
supplies and with the administration of personnel re-
quired to conduct the census would be reduced if County
were to purchase all supplies and handle all administration
of personnel for a County -wide census and were to be
reimbursed by City for the proportionate share of that
cost allocatable to City; and
WHEREAS, on December 10, 1974 the Board of Supervisors
of County, pursuant to Government Code Section 26203,
adopted Ordinance No. 4427 (New Series) authorizing County
to take a census of the County of San Diego in the year
1975, which census shall be validated by the Population
Research Unit; and
ay. 1/27/75
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rho,.the City Council
47Ih....___S, on r _
�; .1O200 and
Of City, '�' "� Lun � to Ci:J�7Cr':7:i:C'_^... Co?. .�f_'!:t'.1.G�1 i
40201, adopt=d Pcsolu__on NO. deci_a::irt r its
intention .to cause a census to be taken of the City of
in the year 1975, which census
shall be validated by the Population Research Unit; and
WHEREAS, City is desirous of having County conduct,
under supervision of the Population Research Unit, a
census within the boundaries of City,. and County is
desirous of performing this service, subject to Ci_ty`s _
agreement to reimburse County for the cost of same as
determined below; NOW THEREFORE
IT IS MUTUALLY AGREED by and between the parties
hereto, upon the following terms, covenants and con-
ditions, as follows:
Section 1. SCOPE OF SERVICES
A. County agrees to:
(1) Provide all services associated with the
negotiation of a contract with the Department
•of Finance of the State of California for the
purpose of conducting a 1975 census (enumeration
of population) of the incorporated and unin-
corporated areas of the County under the
supervision of Population Research Unit.
(2) Provide all services associated with
personnel administration and fiscal support
related to the conducting of the census,
specifically the recruitment, hiring, training,
compensation, supervision, and termination of
all census personnel required to conduct the
census.
(3) Contract for the services of, or employ,
the following classifications of personnel
required to conduct the census:
(a)
(b)
(c)
Supervisors
Crew Leaders
Enumerators
(4) Provide all services associated with
acquisition of the following items as necessary
to properly conduct the census:
(a) Temporary office space and furniture
(b) Office and census supplies
(c) Telephones and other utilities
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inch. .�.ng all services reauired to ne goti itc
agreements, contract.:, purchase orders, and
leases to obtain .said services.
(5) Provide all services associated with the
purchase, printing, storage and distribution
of any and all supplies and forms necessary for
the proper conduct of the census, except as
indicated in Section 1.B. below.
(6) Arrange for publicity of the census, said
publicity to include television, radio and
newspaper coverage.
(7) Conduct the census, under supervision of
the Population Research Unit, within the boundaries
of City, said census to begin on or about
March 1, 1975 and end on or about April 30, 1975.
(8) Provide data pretessing support associated
with transferring data on the porto-punch cards
used to takLI the census to a magnetic tape and
to transmit that magnetic tape to the Population.
Research Unit.
(9) Provide, upon completion of the census
and as authorized by the State Department of
Finance, a tape and a print out of census
information relating to City.
City agrees to provide census tract maps for
all territory located within its boundaries.
Section 2. OTHER CENSUSES, ENUMERATIONS, OR POPULATION
ESTIMATES
County's responsibility and liability for the
conduct of a census within City's boundaries shall be
limited to that census of incorporated and unincorporated
territory of the County contracted for between County
and the State Department of Finance which is. referred
to in Section 1.A.(1) of this Agreement. County shall
have no responsibility or liability for the conduct of,
or payment for, any censuses, enumerations or population
estimates which City may contract for with the State
Department of Finance, or any other census taking or
assisting agency.
Section 3. CONSIDERATION FOR SERVICES
A. City agrees to pay County on or before March 1,
1975, as payment for services to be rendered
the amount of $17,000.00 .
B.
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At the comp]ctien ':i,' census, City Shall tip^
reimbursed by Cour,r;' ::cr the "Value of City -
Provided n if any, and for the "V
Provided Office �'.'���(:::, c.i., ii_ � r.'_i;:. .;`i.
Each City-Provid d . ;.0 tomobile, " to be determined termi.ned
follows:
(1) If City offers at no charge to County, and
-County accepts, office space which is available
from March 1, 1975 through April 30,.1975 for
census taking purposes, the "Value of City -Provided
Office Space" (referred to as "L" below) shall
equal the Sauare Footage of City -Provided Office
Space (referred to as "M" below) multiplied by'
the Average Square Footage Costs of All Office
Space Rented by County For 1975 Census Taking
Purposes (referred to as "N" below), as in the
following formula:
L = M x N
(2) If City offers at no charge to County,
and County accepts, the use of automobile(s)
(not to exceed five) for census taking purposes,
the "Value of Each City -Provided Automobile"
(referred to as "Pi," "P2," "P3," "PA," and
"P5, " below) shall equal the Number or Miles
Traveled by That Automobile (referred to as
"Q I " "Q , " "Q3 , " "Q4 , " and. "05 , " below)
multiplied by the Rate of Reimbursement Per
Mile (referred to as "R" below) , as in the
following formulas:
P1 = Q1
= 'Q2
P3 'Q3
P4 T, 04 x R
P5=.Q5xR
x R
x R
x R
The Rate of Reimbursement Per Mile ("R") .shah.
equal 16 cents/mile for the first 750 miles in
any month and 10 cents/mile for every mile there-
after in any month. City, at its expense, shall
be responsible for all costs incurred in the use
of each City -Provided Automobile including, but
not limited to gasoline, oil, maintenance, repairs
and insurance coverage.
C. County's determination of all amounts and measure-
ments under this Section 3 shall be final, subject
to the Audit provisions of Section 7.
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4.
CO`;TROLL
County shall provide to City, as a uti. )rized by the
Population Research Unit, a population !_iyu.`;e o:aain:'.0 as a
result of this census. City shall advise the l.'opula u' on.
Research Unit regarding whether it Wishes this population
figure certified to the Controller of the State of California
for purposes of determining entitlement to gas tax revenues
under Revenue and Taxation Code Section 11001-et seq.
Section 5. CITY LIAISON EMPLOYEE
City agrees to designate a City Liaison Employee to assist
in coordination of the census within'the boundaries of City.
This City Liaison Employee shall be, for all purposes arising
out of this Agreement, an employee of City and not an employee
of County.
Section 6. ENVIRONMENTAL CONSIDERATION
County is hereby designated as the Lead Agency as that term
is defined in the "C idelines for Implementation of the
California Environmental Quality Act of 1970" (Ch. "3 of Division
F of Title 14 of the California Administrative Code, commencing
with Section 15000), as amended. Before commencing the rendition
of services hereunder, County as Lead Agency, shall take all
steps, make all studies and perform all requirements necessary
to comply fully with the Environmental Quality Act of 1970
(Division 13 of the Public Resources Code, commencing with
Section 21000), as amended, and as may hereafter be amended.
Copies of all actions, studies, reports, evaluations and other
documents produced in connection with County`s duties pursuant
to this section shall be furnished to City.
Section 7. AUDIT
At any time during normal business hours and as often as
the City of San Diego may deem necessary, County shall make
available to the City of San Diego for examination all of its
records with respect to all matters covered by this Agreement
and will permit the Citv of San Diego to audit, examine and
-make excerpts or transcripts.of such records, and to perform
audit procedures as deemed necessary with respect to all
invoices, payrolls, personnel records, equipment, materials,
and other data relating to matters covered by this Agreement.
City agrees to accept the audit of the City of San Diego as
its entitlement to Audit under this Agreement.
Section 8. INDEMNIFICATION
A. City, its agents, officers, and employees, shall
not be held liable for any claims, liabilities,
penalties, fines or for damage to anv goods,
properties or effects of any parson whatsoever,
nor for personal injuries to or death of then,
or any of them, caused by or resulting from any
negligent acts or omissions of County, or its
agent;, employees, or representatives, not
t;
including liability by reason of acts or
omi s:.:l on s caused by City, its agents or c ::lovices;
and County, its agents, officers, and employees
shall not be held liable for any claims,
penalties, fines or for damage to any croos,
properties or effects of any person whatsoever,
nor for personal injuries to or death -of them,
or any of them, caused by or resulting from
any negligent acts or omissions of City, or its
agents, employees, or representatives, not in-
cluding liability by reason of acts or omissions
caused by County, its agents or employees.
B. County further agrees to.inde:nnify, and save
free and harmless City and its authorized agents,
officers and employees against negligent acts or
omissions caused by County, its accents or
employees, and any cost and expenses incurred
by the respective pa:-`.ies on account of any
claim therefor, and City agrees to indemnify
and save free and harmless County and its•
authorized representatives and employees against
negligent acts or omissions caused by City, its
agents or employees, and any cost and e._venses
incurred by the respective parties on account
of any claim therefor.
C. It is contemplated by the parties that this
indemnity agreement is not limited in any way
by the extent of any policy of insurance
currently in force and held by either party.
Section 9. INTEGRATED DOCUMENT
This document embodies the agreement: between County
and City for the census taking service described herein
and its terms and conditions. No verbal agreements or
conversation with any officer, agent or employee of
County prior to the execution of this Agreement shall
affect or modify any of the terms or obligations con-
tained in any documents comprising this Agreement. Any
such verbal agreement shall be considered as unofficial
information and in no way binding upon County.
Section 10. SEVEP.ABILITY OF PROVISIONS
If any provisions of this Agreement are held invalid,
the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform
to the terms and requirements of applicable law. •
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Scction 11. TERM O.`? TCI'':' .":NT
This agreement shall- expire on August 1, 1975,
Section 12. INDEPENDENT CONTRACTOR
County is, for all purposes arising out of this
Agreement, an independent contractor and no employee of
County is, for any purpose arising out of this Agreement,
an employee of City.
Section 13. AMENDMENTS TO CONTRkT
.This Agreement. may be amended at any time by mutual
written agreement of the parties hereto..
Section 14. REPRESENTATIVES OF COUNTY
The Deputy Director of Planning, Planning Services,
of County or his designated representative shall represent
County in all matters pertaining to this Agreement and
shall administer this Agreement on behalf of County.
IN WITNESS WHEREOF, this Agreement is executed this
day of. , 1975.
CITY OF COUNTY OF SAN DIEGO
BY BY
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