HomeMy WebLinkAboutChurch of Jesus Christ of Latter Day Saints - LDS - 1979-01-02CONTRACT F'YR CL245US SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND THE
CHURCH Cr JESUS CHRIST OF LATTER DAY
SAINTS
THIS AGREEMENT entered into by and between 4"be city of
HuntinStor_ Beach, a municipal corporation (CITY), and the Fourth .
Ward of the Church of Jesus Christ o1 Latter Day Saints, a non
pinfit corporation organized under the laws of the State of Utah,, �
(CHURCH), on January ,� , 1979.
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RECITALS�'
A. CHURCH Ls engaged in the suuplyinr of personnel for
various public projects and desires to perform the censuz of the
CITY on the terms and conditions set forth herein.
B. CITY requirep Ouch services on a cane --time hasio and
's
the City Council has authorized the CITY to engage the services
of CHURCH to provide such services.
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In consideration of the mutual promisis corta:,ned herein,
and of the mutual uenefit to be derived hereunder, the parties
agree as follows: -
1. Services to be provided.
CHURCH shall provide the following census services
prirsua:nt to the terms and condV;ions o5 this agreement.
au Provide a sufficient number of qualified
personnel to meet the: State of California requirements for Census
"crew leaders" and "enumerators" as outlined ix. the Census Admini-
strative F=ual for the Cj,Ly of Huntington Beach, which is hereby
-Ina,orporated by reference, and sometimes .referred to herein as
"Manual".
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b. Provide the personnel mentioned above: not
less than: six (6) days per week, including Saturdays, commencing
January 23, 1979, and continuing tbrov,�;hou4 the tev-n of this
agreement.
C. Canvass each of approximately 60,€00 housing � °?
units in re City of Huntington Bead, and a 1l.ect and record
information, including; the age, se,,, employmt_nt ate,' ethnicity of
eec.h person residing therein:, the type housing structure, and a �
raximum ;,f ten (10) additional, ,xuestions to be determined by CITY.
d.. Insure that the personnel provided are trained
aac3'-rdi.ng to the above -mentioned Manual, ani are subject to the
direct supervision of the State of California Census Supervisors.
e. Provide the following equipment twelve (12)
adding machines, two (2) pencil z:harpeners, ash trays and waste-
baakets
f Designate and provide a project manager on a
full. -time basis, who s'' all act as liaison between CITY's designated
project coord:- nator and the CH:i' Cd .
g C:iuliz-OR further agrees to defend at its own
vost and to indemnify .and hold: harmle.,s CITY, itG offi. ors, agents
and employees, from and against: ary and all liability, damages,
.costs, losses, claims I expenses, howsoever caused, resulting
directly or indirectly from nr connected with CHURCH's performance
of the contrast (includins but now 1 :ai.ted to such liability,
cost,; d age, lass, .claim, or expense arising from the death or
injury to an agent or employee or the CHURCH subcontractor, or
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of CITY or damage to the property of the CRURCH, :subcontractor,
or of CITY -r of arV agent or enpl.oyee of the -CHURCH, subcontractor,
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or of CITY1 except where :such lis.bi,llty, damages, :osts,
,?osses,
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claims or expenses are caused solely by the negligent or wrongful
acts of CITY or anu of its agents ur employees including negligent
omission or commissions of CIT7, its agents or employees, in
conne^ti.on with the general supervision or direction of the work
to be performed hereunder. The CHUhCH, in addition to tY e fore-
going, specifically shall indemnify and save harmless CITY, any
and all of CI°'Y's officers, agents and employees, from, any lia--
bilit- cµ' ,ed by CHURCH by reason of California safe :nl-ace statutes
or similar p;rovislons pertaining to the work place or safety of
materials or equipment sup lied by CITY or others at the dire,-
-Lion of CITY .and used in the performance of the Mork hereunder.
CHURCH shall provide written evidence in dollar
amounts approved by CITY's risk manager to CITY of its Workers'
Compensation, bodily Injury and property damage inslirance and
written evidence that said in uran<e shall be deemed primary to
any insurance carried by CITY.
It is further understool and agreed that CHURCH
is, and shell be, acting at all times as an independent con-
tractor, berein and not as an erployee of CITY. CHURCH shall
secure at its expense, and be responsible for azy ,and all payment
of inoom# tax, Social Seeurlty tax, state Disability Insurance
"<E
Comper4sati.on, Unemployment Compensation, and other payroll de--
dUcti ins for CHMOH and its of 'hers, gentL and employees, and
pip'
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kil bu:,#neas i3cera:�es; if a.xy.
h. Provide a faithful performance bond in the
amount of $5,000 prior to commencement of this air eenent.
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'
i. Insure that ^onfidential.ity of data collected
A
is raintained at ell tim _s pax`suant to provisions outlined on
page 19 of the Manual
J. Adlie,,,e to all. requirezents outlined Ln the
Census AdmIlnistrati,ve Nan�Aal for the Cltrr of Huntington Beach,
� 9
wbich Is hereby lrxaorpzarated hr�r t in by reference.
�
Vic. A:34ure* that all wor serf rmpd hereunder is
performed in a S'sad, workmanlike tanner and Without proFelytizing.
2. xPP x?,ienr. Y
�k XTY shall pay for Lte above zervices provided by CHURCH
as rollow3;
:he zu., of one n� Andred whausand dollars ( $ zciQ,0Qt� )
&Ball he paid by UITY to CHURCH uper, satisPactory =npletior, of
all servlce:i� required hereunder.
CHURCH shoal invo! e the above amount due for
f
servtaes rendered, and .such Invoice shall be payai, le thirty ( 3C)
f{f
F
days after the in'voiee date.,
(Rest of page not used.)
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3. Initial Term and Termination:
Tl,e initial term of this contract shall oo}'YiT1 once on
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January t2_, 1979, and shall continue until all ,;ervices re-
cruised hereunder have been rendered. C?"`.i'Y, however-, reserves
e
the right to terminate services hereunder- at any time with or
without cause, and whether or not said project has been fully
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completed. Any termination i.ereofand any speOinkl Instructions
hereunder from the CITTY shall be made through the CITi''s project
,00rdi ator, and in writing, which may be delivered in _person to
said CHURCH or railed through the normal coursa of mail to its
business address at 19221 Sherborne, Huntington Beach, California
92646. in the event the agr+eeL,ent is µanceled, all work com-
pletted or in progress shall be surrendered s-o CITY. Should
the CITY decide to terminate this agreement for any reason,
the CHURCH shall be entit'ed to pagraent on a percentage basis
a000rding to work completed prior to written not;if'ication=
4. tt
Notioes to the ;spar; es shall, unless otherwise requested
in writing ,., be sent to the City Ci er lk of CITY* at P. 0, Box 190,
iuntingtoa Beach, California 102648, and to CHURCH at 19221 Sh r-
borne Huntington Beaoh, California 92646.
I M '+u P
y
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their respective offices
thereunto duly authorized on the date written opposite their
signatures.
Dated:
ATTEST:
City Clerk
APPROVED AS TO FOR1NI:
City Attorney
Dated.
CITY OF HUNTING TON BEACH,
a Municipal Corporation
Mai or
THE CHURCH
OF JESUS CHRIST OF
LATTER DAY
SAINTS
,;, !'Y
Ey
Falr-r, President
California Huntington
Beach
Stake
Dat. e d By A'
encor etch, p
Huntington I' ,act: Fourth Ward
"Fa
jls Ili 11.1- o"pw ()Iap%at'a4 Dept
CLR'NFtCo,,`E OF INSURANCL
TO Caw — A."imey
VA7pt Cl r-.' OF HUNTINGTQW. LEACH, CALIFOG VIA
P. :). sox 10
HU014v.sat DtUh, C,%4(4M!Q T12t^A) A IAUNICIPAL C06PCIRATION
This is to certify that the policies of in5ur_mw -Ti de—tribed t:ejow limc, a,.,ea i,,:,uc4 to the tortured by the under -
.ironed and are to force at this time, It those ivisems are cancaVcd or rhanGed in =;h a mailtipt that,6viij affect this t!.rtifjc4te, the
1P.5uvznv;* companyaCrtzs to Give 30 days pri" %%xi%u;fv nutzl'z, by mail, to City of Bcueh' ?, 0 Pox Iqu, Huntington
Beath, CalJorma 92648.
hun- , h, ,,at ��take.
Namooflosured Church If Jesugg hrir-t of. Latter_ Day Gaint��,
BI-ohop Spencer F. '-latot, 11)221 Sherbarne, Huvitjr IP'Ch, '%"A 9"
Address of Insuted
Location of InsumA Oporattow, Same
Description of Operauorts ChTarch
POLICIES IN fORCE NUMBER ij4i�T_11A EXPIR Al . 1 0 , N LIMITS OF LIABILITY
A. Workers M Stiltmory sr
Employers! Liability 10.7 '8
Co ignsation
Public Liabjlityt $300,000 combiw�d siqc
limit pgtrotcurrente.
Bodily Injury-
M2no'*cUiters and
Contro"mDrs $ Each Person
(Ittclardingprndcctf ctlinpleted
operations)
Property 13.3mago _'Each Acctlent
C. An bile Liability. t
Exh ��dnl
Bod1y lair" $ Niath Person
Properr/ S Each Aaqdent
V*as policy cover: at Itost 01w)
ts All owned autornot0i I No
*`7 Y41"111* I No
yes
Arlditional Inwad
The losuvor zeroes that 0,4 City --,f t4unurig*on t�actt and tts City Coun4tl, wd,'oi all City Council eppointed 3TOup3,
comroittwit, =ytntk5-,*no, bwtds axi any othtr City Cotintiv appomtcd bcdy, oodfor do.-tive and opoointive qPtc8r;,
tervalitt Of ornplt�'w% 0; the City of Huntingtai Btach, wheh tcung at such arc „"Witionzi nisu.,rds bmtundw, for the
acts of th-4 itAured, next such inwramr* sliall be otimmy to onv iftsuranto tine City of Huntington Uvach'
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I— Hold Hiarmloo I.* By mv=4 Adz'tx_' e. ,*Ycem"v 4 alp
or
TPm insured ogroes to firptzo, t1offond, Inderimify and save, ilarknl(nz the City of Huntington teach aganisttoss, damage or
expanse by roavoll •of 4-4-1 suits, dates, damod% iudqj-nen%j and causes of 4ctwon, zzi;LO by insured. his employees, ofiL,'Ats
eir t1tv siAboontractol or by any third ratty zriiin3 outaf or ire vvnttqoen� of tII# pefformar-49 (4 all arr any operations
toverod by the ttofficate of uuurano's
Rinnaskv APPROVED AS TO FORM:
GAIL HUTTON
CityAlorney
i.�7 A
y:
loi 1 4 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY
--d
NAmcf. Itrur-ame AeOrML
.. .. .... ..
evlc�'n 5tatv..", Int, ar-ce Co.
11056
31bta, Ana ea.
Cq"I Oft only vuten thss endzrsement ,s a�: Cn` mtn
the ghty or a�heu the effrcl4ve date drirers from Lhs FnP ,
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*, a+rt
FW No Elf _
GENERAL
CHANGE ENDORSEMENT
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Insured:
tm Or
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P,Sit
kyy {�
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ref# rafter terms of 4b,w polte,v rtmatr: rrrchanged
+�" id Ox wr
c+iaxrt 5th+ar lsecunac�s Cumpat.f
''.r�� . ` 1tafKritan Esandretp #ttlurtra+Kt. C+sKlphnY
pre5>�trf
ha uskast a ' JW01 ►NAP(KI$'. INDtANA
utrttMrs#txc AUSN i6F4 �ii�r t ,t
..,. ... f✓ % _ y
gcrptaiy
Fpzfxc 4.42'far
19-4 i Fvft*i
AMCRKAH STATES INS' ., NCE COMPANY' Q AMERICAN ECONOMY INSUIVANCE COMPANY
IIt joapolis, Indian indtaoapcik, Indiana
%q3a1k.a-=z
L] AaltERICAN STATES INSURANCE COMPANY OF TEXAS PREFERRFO INSURANCE' COMPANY
Oaalas, Texas IDdianapalis, isdiana
This it to rertify that the following policies issued by the company indicated abase are in full forcer and effect as of the date
of ibis certificate. lVorbinip .inthis certificate, attacbed Thereto or Made apart thereof, shall be constr ed to broaden or amend
coverage wrier such policies beyortd the limits, terms, conditions awl exclusions contained therein,.
insured CHURCH OF JESUS CHRIS"T vF LATTER DAY A1.11TS HU.bi7j1q (?ld 3F.,tit;H,__CA�.
Address of Iw,,dC/0 BISHOP SPENCER F sT .ZCH 1221_ SHERBORITE,TiLTNTINGTO2d BEACH ,CA�f_�264,9
States in which Workmen's Compensation is provided,
Cij,,cription of work CLUB—MEETIFit:S r tl� -UN RJ.7 _IIj'G.� � p
Ii A Z A ii 7 S "L1CY
i EXPIRATION waltY INJURY i.)KITf PROPERTY DAXAGE LIMITS
NU061K
k DATE 3oah Pwtvo Evrh Ocrv,re . Eorh Ocdvrrc . A44�'osM
Cs
OPERJLTIONS }vca �.4 I a
COMMACTOI:S PAOTFCTIZVE a
E {9
L
Co Lmo C3PERATIONS
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PI(O4UGT3
AtrtiREdtATL=» _... .. .
DLANKET COk XACTUAA
h
$
LIABIUTT
1
CON?RfICTUAL LtA14IliTY
AS DfSCP.tEiD tt£LO1Y
tU.SARD3,—$XPIOSIOPt,
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3
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�XCFI
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COLLAPSE A UND99CAOUND
C0YE1A&E t% PROVIDED UMD. A ,. �..
COMPWtjNItVt SENERAL t1AR414T1" NDLtCX SCN.4riUtE LIASKiTY POLICY
OWNED
M1,
A
AUTOMOINLES
T
HIRED
Q
AUTOKOSILES
p
NON-Owwa
s
aUTOAtuRLLEa
COVLRACAE if I'.ROVIDED tlNDER.
COU"CEMENSIVI AUTOMOatpt tlANLM. POLICY SCHEDULE AUTO uAalLl1Y POLICY
ViOh1:tASN' I
" WI
cO�ePEtasas
TIOtd I;
i STATUTOI4Y EMPLOYZA5TJA UH{IT
t;
":
i3CCUPATtt7NAL,'itSbASE;Ss ' j INCLUDED
_.
r,. EXCLUDED UNDER AWYf WC POCKY
S .oft te.6insd ungk NmiT Personal Injury, Property DaKsyo and
UMBRELLA tIASILITX
Adve :'even Llabili is excost t Primary nw a title in burial® d
0 g ty o Y I mm d St A o. tht
I I Policy a s sett insw+rd rvtentivn at
k y S10,900 Uot"s other omevat tlhnw"rt,
Tbis certificate is isttted, lv
u+bose address .is _ Ht : j1,G i QT'c.At�� 6 w
to the ever~ t of o-sy matet-W change its or .cancellation of said bolicies, the Cornpowj• agree to raoti f y the party to whom ibis
certificate it sstued (10) days be. fort s fib thange or ca odla ion iius ass -mores no reaportss/siliiy for !-I$isrre to do so.
*POILtription of Specifir. Contrad(s) fait whi4I Certificate ss issued:
Ty6* of Canty d or
Party Or Pooliex,,,:..
Data at Cantrort
BYSTA
P ao, tx,rrt AUTHORino REPRf1iMTA1Ik4t OR OFFICaAI
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REQUEST FOR CITY COUNCIL ACTION IWAA&
Submitted bynames W. Palin Departmsnt�e,r. Services - Planning tau.
�
Da a Prepared March 20 , 19 79 Backup Material Attached r Yes 0 No ,
5irlt'ect Transfer of Funds - Special Census
;l '
C_cl Administrator's 2ornrnents
Approve as recommend(d.
Statement o� Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Casts for the 1979 Special. 3t:zsus are approximately $4,254 over
budget, due to unanticipated additional, costs,
C �!;'NDAT'ION.-
Tram fer $4, 250 from Development Services temporary salaries account
232120 to Census temporary salaries account 1.03120,
ANALYSIS
Tire special census incarred additional costs in salaries and per
diem payments to the State supervisors of $5,749, for telepho.,ae
service of $1 ► 1 00; and for card processing and purcf<ase of census
comp4ter tape of epproximately $600. A total over -budgets expenditure
of $7' 449 was 4ncurred by these items.
Vfie cost savings due t,,;) the contractual agreement with the Mormon
church has been utilized to cover the increased casts for telephone
tervicef, card processing, and ceXlsuS coMpuver tape purchase and for
appr<ci stately $i, 00 of the ija^reared per .onnal costs for the State
supervisors., Therefore, a ttinsfer of $4,250 from the Development
Services temporary _s;alar.ies account will cover the remainder of the
overage
Additional costs i negxrred by the State c,� Cal tt:ornla oenerua super--
-visors related to u- expected -extra time needed for cone :nuinq train-
-of enumerators and additional responsibilities as crew 3 eadox:s
:kt several sectlons of the City.
Aadialonal cc sts rolating to telophane service occu.rrod clue to the
difficulty ty f rrat�id?tz service to the l:ocai on chosen for census
�xts s
P�iif�ll ��=� o3�k—�"+tixs:t::...., y;a,��i`.�4i5aiiva:sf:J:k � wuauu%++V.zuN.cre;.raxi r.x4vdxe:
S
Page
headquarters. At the time the budget .for the census was adopted H
a location for census headquarters had not been determined..
Therefore, staff was unable to determine the true cost of telephone
service.
Additional costs relating to card processing and census tape pair4
chase were due to underestimating the number of housing units in �
the City and to receipt of infor ration after adoption of the special
census budget that ,State fees :included a hard copy printout of the
census results but not the census computer tape,
22;
on th 2 positive side, unofficial results from the censias show the �.
population to be higher than our most optimistic estimate pro.seated
to the City Council in Vecember of 1978. We anticipate that the
City will receive an additional $20,000 above previous esti.mat-as
over a. tyro -year period. preliminary i.nd:4cations are �
that response to the questions on the census has been excellent,
E MIDIUC SMRCR,:
Development Services temporary salaries account 9232120,, General
ri j.d.
ALMNATIVE ACTION
Find necessary futids from a different source.
Respectfully s, mi.tted,
Acting Planning Director
try' ,
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K CITY OF PI)NTINGTON BEACH
k REQUEST FOR BUDGET APPROPRIATION REVISIONS
Date March 1.6, 1979 s :$
DEVELOPMENT SERVICES
From
Account No. Ar*e _nt
To
Account No. Amour
32 120
Total
$4,250..00
1.O3 120
I
Total
$4,25L.00
$4,2b0.00
$4,250.00
JUStlfIcat ion: 232 12O (Development Services, Temporary Salaries) to
1.03 120 (Census, Temporary Salaries) to pay for addi4ion<al,
. incurred by the State of California census supervisors because Qf
unexpected extra time, needed for continuing -raining of enumerators and
_ a
additx:)nal responsibilities as crew leaders in several sectYic- 5 of the
City.
A rovaIs
1. �epartar�es�t �atls
Z. Director of l"ina ce• jt 5
5, City AdmInistra
tf betWoen 4epartments, requires Approval ) -4.
If w1thIn department, requires Approval 1- 3.
a
REOL.ST FOR CITY COUN ACTION
Submitted by James W. Pali.n Department Development Services
Date Prepared Taruary 10 19 79 Backup Material }Attached Q Yes No
Subject Amendment to contract for Census Services between w A
the City and the Church of Tesus Chr-Lst of Tatter Day Saints ;
A reertent reviou!.41. approved by City Council January 2, 1939)
City Administrator's Comments
Approve as recommended, �
/J ~ x
Statement. of Issue, Recommendation, Amilysis, Funding Source, Alternative Actions;
STATE?-'F.NT OF ISSUE -
The Church of Jesus Christ: cf Latter Day Saints (LDS) is unable to
comply with a requirement in the agreement for a $100, 000 performance
bond. The agreement can be amended to reduces the bond requirement to
5,000 and alter the pays` schedule of the census. to this way, LOS can
meet the requirements of the agr42ement and the City is protected from,
nonetary loss
Attend the agreement as follows;
1) Amend Section lfb) - Requirement of faithful performance bond.
]'edurse the I)ond requirement. from $100,000 to $5,000.
M'
2) Delete Sections 2ta) 2 (b) and 2(c) - Pay schedLl.e.
Replace Sections 2 (a,b, cl as follows; City shall pay for abo-ve services
provided by C12URCH as follaws: 'One -hundred thousand dollars shall be paid
by, CTTV to CHURCH upon satisfactory completion of ill services required
hereunder,
A�YSIS t
'rho Chu oh of .Testis Christ of Latter tray Saints, Huntington Beach Fourth
Ward h0s made -a good faith effort to acquire a $100,000 performance borsd
lsu� has been unable to do -,o since LDs in Utah holds church assets.
...1,10ont, lts dWn assets the guntibgtort Beach Fourth Ward cannot acquire
a Perfnrt nee bond of signifio,-.sit dollar value. in lieu of 4100,000
8st�xi�.,r..,t;rrs.,,..._ ...,... .... ,,.asrnuw.rauxm.,..._.,.,._. .,.., , �•
RCA -SPECIAL SEASU.S `
January 10, 1979
Page 2
bated Staff recommends a $5 000 bona in order to guarantee that some
incidential census costs by the City will be covered and that the
aareenent be amended so that, payment to LDS comes at the successful
completion of the census. If LDS fails, then no payment is made.
ay this means LDS can, melt the requirements of the contract and the
City is protected from financial. loss.
FUNDING SOURCE:
ands set aside for the 1979 Special Census.
ALTERNATIVE ACTIONS
1) no not arrend the contract (LDS will be unable to comply). Inform
the State of California we are unable to meet our schedules and
request a new date for the beginning of the census.
Respectfully submitted,
„�. --. �
am¢s � .. Palm
Acting Rl,annino Director
S
REQUEST FOR CITY COUNCIL ACTION
Subioittedby James W. Palin Department Planning Environmental Resou?:Oes ;
DatePrepared ember 15 , 19 78 Backup Material Attached Yes 4*40
Subject CONTRACT TO COMPLETE. THE 1979 SPECIAL CENSUS
City Administrator's Cornmegt� 1
Approve as recommends. _...
ti
Statement of Issue, Recommendatior, Analysis, Fundinq Source, Alternative Actions,
STA tPMENT OF ISSUia
On, December 4 x978, the C°.ty Council accepted a. proposal to provi,,de ser—
vices to complete the 1979 Special Census from the Church of Jesus Christ
of Latter Day Saints, Huxit .ngton Beach rcurtb TA;ard, subject to redu<.ti.on
of costs for office suoPlies and the safety and self-insurance factor prior
to execution of an agreement.
CWWRINDATTp d s
Execute agreement.
Staff met with a representative of the Church of Jesus Christ: of Latter
Dal, lai.xzts; Huntington Beach Fourth Ward,andnegoti.atpd downward tha
tww items of . ontention, office supplies will be provided by the City at
an estimated savings of 47tt_ The safety and self-i.rnsarancc: factor has been
reduced from $10 r941. 0 to $8, 675, 00. Tho total bid has boon reduced from
$103'e209.00 to 100,000.10. Overall savings to the City by pursuing the
contract will be approx &ately $6,000.
l? ti�TDi St E7x C �
)`ands set ai3ide for pe .'ormi,nq the 1979 Special. Census,
spee fU�l1 bmi.ttei
44
` ' UNTI i GTO
BEACH
INTER -DEPARTMENT rOMMUNiCATION
+
litStvT1M:'C#i++.i:'EAift
TOTOM
t�SOSE Y From
ART DE LA LOZA
Dep�zuy Cir Attorney
x
Planning De
Sobjecx. LATTER DAY SAINTS CONTRACT Date
February 3, 1970
�
AN shed please ��id the above executed
contract for Your
d
li,lrpt
r
AFT OE LA bOZA
Al. L: p
nc o: ure
R 0. Box 190
4,