HomeMy WebLinkAboutCharles B. Davis - 1978-09-18AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION, AND C1:ARLES B. DAVIS,
AN INDEPENDENT CONTRACTOR, TO PROVIDE REAL PROP-
ERTY SERVICES TO THE CITY
THIS AGREEMENT, made and entered into this �day of
1980, by and between the CITY OF HUNTING^ON
BEACH, 2000 Mal.n Street, Huntington Beach, California, a mt_ni--
cipal corporation, hereinafter referred to as "C:::T ,'i and CHARLES
E. DAVIS, an individual, hereinafter referred to as "CONTRACTOR."
W I T N E S SETH:
LRECITALS:
I. CITY has a need for a real property agent (herein-
after sometimes called "CONTRACTOR") and desires to fill that
position with. an independent contractor, to be hired on contract,
for a limited term as provided herein.
2. CONTRACTOR will not be a member of CITY'S personnel
system, and CITY has no obligation to retain such CONTRACTOR'S
services beyond the term of this agreement.
3. CITY has reviewed the requirements for the position of
Real Property Agent and has found CONTRACTOR to be o A.lified and
is :4111ing to contract with CONTRACTOR, and CONTRACTOR is willing
to contract with CITY for ',hat position up -der the terms and con-
ditions set out herein.
NOW., THEREFORE, the parties covenant and agree as follows:
1. CONTRACTUAL AGREEMENT
WSA:bc 1,
8/14/80
L
CITY hereby contracts with CONTRACTOR outside the CITI'S
personna2_ system as an independeat contractor to fulfill the
duties of a real property agent and CONTRACTOR hereby a^cepts
and ag,.=ees to such contractual-greem.ent,,
^ONTRACTOR shall perform for CITY as described and set
forth in Exhibit "A," attached hereto and incorporated herein
by refereY Le.
s
2. TERM
The term of contract and of this aFt'e- nment shall be for
one '(1) year and shall commence October 1, 1980 and shall
6
tF 2inate September 30, 1981.
3. OPTION TO TERMINATE
Either peaty has the right to terminate this agreement at
any time aftero the effective date of the term of the agreement
upon providing, thirty (30) days' written notice to the other
party.
4. COMPENSATION
'
CITY shall. pay CONTRACTOR, and CONTRACTOR agrees to accept
fron CITY as full payment for CONTRACTOR'S services hereunder,
compensation in the amount of twenty and no/100ths dollars
"$20.00) per hour, to be paid by CITY in bi-weekly installments
for hours actually worked. For the tem of this agreement. the
total compensa.titu , paid to CONTRACTOR by CITY shall not exceed
thirty-five thousand dollars ($35,000),
5. PERFORMANCE
CONTRACTOR shall at all times faithfully, industriously, and
2•
to the best of his ability, experience and talent, perform all
duties that may be required of and from him pursuan to the
express and implicit terms hereof, to the reasonable satisfac-
tion of CITY,
Additional .y, CONTRACTOR agrees not to make any contracts,
leases, or her commitments for or on ben-9,lf of CITY without
the written consent of. 11ITY.
b ENTIRETY
This written agreement contains the sole and entire agree-
ment between the parties. It supersedes any and all other agree-
ments between the parties. The parties -acknowledge and agree
that neither of them has made any representation with respect
to the subject matter o. this agreement or any representations
inducing& the execution and delivery hereof except slxch represen-
tations as are specifically set fc_,th herein, and each party
acknowledges that he or, it has ,relied on his or its own judgment
in entering into the agreement. �f"e parties further acknowledge
that any statements or representations that may have heretofore
been made ty either of them to the other are void and of no
effect and that neither of them has relied there -on in connection
with: bi s or its dealings with the other.
7. WAIVER
No waiver or modification of this agreement or of any
covenant condition, or limitation herein contained shall be
valid unless In writing and riuly executed by the party to be
charged therewith. Furthernore, no evidence of any waiver or
3•
modification shall be offered or received in evidence in any
proceeding, arbitration, or litigation between the parties
arising out of or affecting this agreement, or the rights ov,
obligations of any party hereunder, unless such waiver or modi-
fication. is in writing, duly executed as aforesaid. The pro--
visioni7 of this paragraph may not be waived except as herein
set forth.
So DISCRIMINATION
CONTRACTOR agrees that in the performance of thc terms of
this ag??eement, he will not engage in, nor permit his agents
to engage in, discrimination in employment of persons because
of race,,-e�igious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of
such persons, except as provided in Labor Code Section 1420.
Vi,-lation of this provision may result in the imposition of
penalties referred to in Division 2, Part 7, Chapter 1 of the
Caiifornia Labor Cade
9. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR. hereby agrees to defend, indemnify and hold
harmless CITY, its officers, agents and employees, from and
agairst any and all liability,; damages, costs, losses, claims
and expenses, however caused, resulting d4.i ectly or indirectly
from or connecte d with CONTRACTOR'S performance of this agree
me..t (in hiding but not limited to such liability, cost, damage,
loss, claim or expense arising from the death or injury to an
i agent or employee of CONTRACTOR, subcontractor, or of CITY or
s
damage to the property of CON711ACTOR, subcontractor, or of
Cam',''' or of any agent or employee of CONTRACTOR, svbuontractor,
or of CITY, except where such liability, damage, cost, :loss,
claim or expense is caused solely by the negligent or wrongful
acts of CITY or o;ny of J.t,% agents cr employees includin^�
negligent omissions or commissions of CITY, its agents or em-
ployees, in connection with the general supervision or direction
of the stork to be parformed hereunder.
10. WORKERS1 COMPENSATION
CONTRACTOR shall comply with all of the provisions of, the
Workers' Compensation Insurance and Safety Acts of 'the State
of California, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all
similar state or federal acts or laws applicable; and shall in-
demnify, defend and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and jud,.�, cents of
every nature and description, including atto ney's fees and costs,
presented, brought, or recovered against CITY, for or on account
of any liability under any of said acts which may be incurred
by reason of any work to be performed by CONTRACTOR under, this
agreement.
11. INSURANCE
CONTRACTOR agrees to furnish to CITY and maintain in force
during the term of this agreement a general liability insurance
policy in. which CITY is named as an additional insured. Tale
policy shall insure CITY, its officers and employees, while act-
5.
■
ing within the scope of their duties, against all claims
arising -out of or in connection with performance of this agree-
ment.. The policy, hall provide for %_-1 less than the following
amounts, single limit/ bodily incurs; and,,`or property
damage o ,,;uO per occurrence. Such policy of ins»riance
shall specifically provide that any other insurance carried by
CITY which may be applicable shall be deemed excess and CON-
TRACTOR'S insurance primary d(,spite any conflicting provisions
in CONTRACTOR'S policy to the contrary.
1.2. INDEPENDENT CONTRACTOR
It is futother understood and agreed that CONTRACTOR is,
and shall be acting at all tames as an independent contractor
herein and not as an employee of CITY. CONTRACTOR shall secure
at his Expense, and be responsible for any and all payments of
income tape, social security, state disability insurance com-
pensation, unemployment compensation and other payroll dedac
tions for CONTRACTOR and his officers, agents and employees and
all business licenses, if any, in connection with the services
to be performed hereunder.
IN WITNESS WHEREOF, the partios hereto have executed this
agreement the day, month and year first above written
CITY OF HUNTINGTON B ,ACH
By
=% Mayor
ATTEST APPROVED AS TO FO)',YI:
City Clerk City Attom y
6.
REVIEWED AND APPROVED
C y Administrator
REVIEWED AND APPROVED:oe �---
.� CHARLES B. DAVIS
Independent Contractor
Director of Public Works
ALLSTATE BUSINESSOWNERS'POLICY APPLICAf 0. A 0 5 V 60 G /,
INSURANCECOMPPkY DaiuxaPoi3c Esslcpallp Economy iNDi itiNITXCtPdF,,t , �;� OasicPo[1cy, ficonomyPolicy '
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Name at Person to ( t r -+ 1
Contact for Inspection ,........lk, _ , _..,lkvt. ................_. ,_.. _ .......... w _ _ . r/t�txri
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Describe &L BUILDING City Otto tyr —, 1—Values.. .�
tlusiness - Cost ' Buttdtn s 5
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a.; a. t""ActuaiCash
QesarAtaeCl o L".. `° vatuo Pcotta . '�%.Vr tUtl Att,o=07 e
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Occupan- i f:. 4_ �E '� _ - /a Show no. cf t
c.0s i Specified rersortai
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Pools
Apartment Lcc:1 t Loc. "''OTALBUILDING
ocrup-incyonly �„. !VALUE IS
B f rl i Apt. with mercantile �
r StcGk of t3Vaitie, a 5
t � kwllptesaie Va7U8i
L i Number of units BUSINESS
Property
s arotherocctrpancy ---� I
I A artment
Propertyof c1her.- in
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NpPll e�nt'scustpdv ,
Awera emon#lt1 rent ".
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G 75% or more Vatu8blt3 Papers !
otinerr)CCrlped t kRopERT1 ytoeluxepas�conya, aS
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!TOTAL BUSINESS 17
� 'PERSONAL
_---=-x_�--�- PROPERTY VALUE
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GENERAL t"IABILITY4Mli
BeauhoBAs All._
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S t y t No. W full time Operators c)t334 'iLAN
y
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ALL8TATE SUSINESSOWNERS POUCY*
INSURANCE'rOMPANY R LDeiuxaPolicy :- BaSicooliL, : €-conomyPolicy
APPLICAT C. A a 5 O 6 0 2 ar ,
INDEMNITY 0MPr,,, � — Basic Policy Economy Policy
1 Other Allstate lnsuratnce
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Mailing Address.C....�k`
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County d� __.Bus Phone1` 5 .... _Home Phone _ �_+ ,. m._-_...-- .- Corporation .♦ �` jy�
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Name ot Person to I �Ivt r� I
Contact for inspection
Location of Loc.t ___..�_. 2citlU / 1r� tF,GvIce uCtr i(•.
Premises to 1"'_. S� 1�''f� c�ullt . -
be Insured Loc. 2 '_ [ja "r .,
- - JI�O,� - YearBuilt
2.BUILD.'NGpE,'AILS-ft_EPRECI,4TI� N trNDITION DevrociatianCcnttildon 1,xcetlen `: Goan r
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3.$USIUESr
4. ZECLARAT.''I OFV NihIMLIAMLITY
Describe 2f � fi-yrk� ��4 � r35rf'rk
BUILDING t ?;ity At' d4___ , Values
- ram- P r Lc 4
Refs=a._ r.
lnsured's
Business
Cost
-Acttla
Vatue rr,aeh !p.Bceoz;9t antVrCitj QttortIOY t-
Describe `a %
ter
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Clccupan-
CieS
Ofo oq
ShcV0wjrr rnof , Sre.alred Persona;.. S 5
Svsarr ^9nE Property `ACV crli
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t ocCuparsCyanly
VALUE
t- Apt- with mercantile
;,c kcttJer^harif se ^-�-
S S
or thercccupancy
at,thc'essieVa:ue,
L Apartment
0 Number of units
BUSINESS Property cf others I 5 5
Applicant sc..s;.
Average rr onthty ren,
G per unit
PERSONAL as : trrpmveme..ts S # ow S
C - 75°aormore
Q i ownercCit9pted �
PROPERTY Va'uat".ePaper; S S
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'PERSONAL
',PROPERTYVALUE
0 � i5cc entity
GENERAL LIABILITY LIMITS
Office
I Beauty&
tBarberS:tops All Other
_
. ST�iG.OuA �S31p,0wG �S5 C.00rJ St,Cau.O�C +_ 32,00,,C3C
-- Retail Vass Code
Retat9 1 2 E ;.rase! ?ccess MruaW
i ccavcan
8 OfficeC?essCcde C'I,
Seca%
`rFe 4"? 7zer,Acce>s 1` 2.Atl ter �S: _W ....,.,.
ADDITIONALINTERESTS
E B < _ _
I S p x Barber Shop Creole (500I
Loss ti Ad:V, -
N 0 £
Addressof - Mcrfgagee s_' Payee _.tnad
:.
E If R I g7 Beauty Shop Code t53,1
i
C I <ti G)Y�
SA Tx `-'
S L Y No. ol, full time Opera#sass
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No. ol part time Operators
5: �ERERALtTtl±Olih�AB lcr�"tyb�a+ifs, s+tRra#I�wfr";v^.:
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a
three . LOSS EXPERIENCE List all losses In ]Bit three years
Date AM(.int OescCpbonB.o^abort
Dato
Amount
DescripbonBLocation
S
_ _
-1,$
7" PREMIUM SECTION
BUILDINGS
Loc..
Rate + Liab Adjustment Net x Total Bui:dmg ub'6 a1
tlixoeptAptsr ✓atue
_
8 [ Ghar`-� , +L+ab Adjustment!Apt !Apt,, _ ppEMii1M
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5arTrr,ngP� ,,, rr3 _a � S
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manual chargP.pru^edure
TOTAL BUiLDING PREMIUM S
BUSINESS PERSONAL PROnERTY
Lcc.t Rate + PrAdiu tea + lieu ity = Net Rate x ToW Business Personal Subtotal + Base Charge = PREMIUM
operty Rate Adtustmont Property Value
t ( E I $ t
f ,
BarC BBea:,ty5nc,s C"'arga_.._
S
[•"c0 utF ;"rmet;pealrrs+iPartT!mux'.a)] xR:t�
Ene!r se9 or Open.. Arcess Retail Locatronscnly TOTAL BUSINESS PERSONAL PROPERTY PREMIUM c � r,.
•r
. 8. BINDER OR NON•BINDE't
9, OPTIONAL! COVERAGES
NON -BOUND APPLICATION - No insurance is effect - ntii approved by A6state.
PREMIGtd
"r»* BOUND APPLICATION- The insurance applied for is bound on the effective date
W+diC,^.loci Rate, per 9oct
and "me stated, but subject to tale Conditions Respe:
ting Bmdershowr below.
aA5
The Applicant's signature signifies that upon issuance of the insurance applied
for, the Property Insurance Adiuslrnent Provisions of the policy -mo become effec•
Fop t.c=t . �a!ucpwste C SiSS
live in that the Limits of Liability for Buildings and Specified PL+Sonal Property may
be adjusted at each ann;versary of the policy.
-
-Hororbverse
Aspi'C3rt"s ��p d,a s �
iP�emFum A�ef dFiro it
u.r � .k 4L1 ,4 it gr�r Eflc .,ie"'ji
Age:rt �. - �. x "a',ea : Ta r8 r`
a '�Hir Ci# ._.._....._a._,.,.. ,...,. .�, _... ,{..�.... ...,,..... �,..»...
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-...,.... ....,..:.m....�........ ...,.....,,,.F .< _._.�...
EARTHO,;AKE i
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, ------ .-.... 3
10. PAYMENT PLAN AND RECEIPT
Type of Payment Piar Sendei1a bSr t
.—
Grade Act•.x=Ga nVat. ' kern
3tP`tir gA E
�T *
`1Y+.arPrepaid 9Pay Plan C1r:g.
3 Pr:," Plan fltor(gapee Pays
r ,; :5 Pe. _ _ . K
r a
eaywentCharga S _ r
;. .__ .k _ -- Ono l
# Pram
�»r assA
O' r. r
Cc Mr cr P
Gear C rr.3S
Payment Recetpr
Total r..r'eck
Amos i
T�
Y$G,'u:0 �y
f-'''r e P C4rt E
Recbived
2 I kw
!
11. REMARKS
TOTAL3PTV41%„
Cis' E0AI;E PNEivI 1 A 5
TOTALANNUAL
PREMIUM (or Minimum) t `
CONDITIONS RESPECTING EIINOER Such insurance as maybe bound, 1, is afforded by the designated Insurer in reiiance�on the statements
made by the applicant, 2, applies only from the effective date and time stated;1 is subject to the tears, exclusions and conditions of the
designated policy form approved far use cyan respect tothe classification of the applicant; 4. is limited to a period of thirty f30)days beginning
With the effective date hereof and ixpiring 12.01 A.M. on the Iasi way of such limited period. ,provided, however, that Allstate ma sooner ter-
minate such Insurance by mailing to the applicant the
-' address stated, written refection of this application. which shalt be effective at the
earlier of the following times; fail 12:00 noon on the tenth day, or such later date as may be required bylaw, following the date of such mailing
or #b) as of the time the applicant secures other similar insurance, 5. any risk bound: hereunder will be charged rates and premiums in accor-
dance with Allstale'r, manual of rules and ratall for such period of time that coverage is afford
issued.y th binder, whether or not a policy is
i
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION, AND CHARLES B. DAVIS,
AN INDEPENDENT CONTRACTORS TO PROVIDE HEAL PROP-
ERTY SERVICES TO THE CITY
THIS AGREEMENT, made and entered into tilis %� _ day of
1979, by and between the CITY OF HUNTINGTON
BEACH, 2000 Main Street, Huntington Beach, California, a muni-
cipal corporation, hereinafter referred to as "CITY," and CHARLES
B. DAVIS, an individual, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
RECITALS:
1. The CITY has a need for a real. property agent (herein-
after sometimes called "CONTRACTOR") and desires to fill that
position wit1l an independent contractor, to be hired on contract,
for a limited term as provided herein.
2. CONTRACTOR will not be a member of CITY'S personnel
,system, and CITY has no obligation to retain such CONTRACTOR'S
services beyond the term of this agreement.
3 CITY has reviewed the requirements for the position of
ll?ea.l Property Agent and has found CONTRACTOR to be qualified and
is willing to contract with CONTRACTOR, and CONTRACTOR Is willing
to contract with CITY for that position under the terms and con-
ditions set out herein.
NOW, THEREFORE, the parties covenant and agree as follows:
1. CONTRACTUAL AGREEMENT
CITY hereby contracts with CONTRACTOR outside the CITY'S
personnel system as an independent contractor to fulfill the
duties of a real property agent and CONTRACTOR hereby accepts
and agrees to such contractual agreement.
CONTRACTOR shall perform for CITY as described and set
forth in Exhibit "A." attached hereto and incorporated herein
by reference.
2. TERM
The term of contract and of this agreement shall be for
one (1) year and shall commence October 1, 1.979, and shall
terminate September 30, 1980.
3. OPTION TO TERMINATE
Either party has the right to terminate this agreement at
any time after the effective date of the term of the agreement
upon providing thirty (30) days' written notice to the ocher
party.
4. COMPENSATION
CITY shall pay CONTRACTOR, and CONTRACTOR agrees to accept
from CITY as full payment for CONTRACTOR'S services hereunder,
compensation in the amount of fifteen and no/1001ths dollars
($15.00) per hour, to be paid by CITY in bi-weekly installments
for hours actually worked. For the term of this agreement, the
tota-- compensation paid to CONTRACTOR by CITY shall not exceed
twenty-six thousand dollars ($26,000)
5. PERFORMANCE
CONTRACTOR shall at all times faithfully, industriously, and
2.
to the best of his ability, experience and talent, perform. all
duties that may be required of and from him pursuant to the
express and imp7.i.cit terms hereof, to the reasonable satisfac-
tion of CITY.
Additionally, CONTRACTOR agrees not to make any contracts,
leases, or other commitments for or on behalf of CITY without
the written consent of CITY.
6. ENTIRETY
This written agreement contains the sole and entire agree-
ment between the parties.. It supersedes any and all other agree-
ments between the parties. The parties acknowledge and agree
that neither of them has made any representation with resrrcit
to the subject matter of this agreement or any representations
inducing the execution and delivery hereof except such represen-
tations as are specifically set forth herein, and each pa.ty
acknowledges Zhat he or it has relied on his or its own judgment
in entering into the agreement. The parties further acknowledge
that any statements or representations that may have heretofore
been made by either of them to the other are void and of no
effect and that neither of them has relief thereon in connection
with his or its dealings with the other.
7. WAIVER
No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be
valid unless in Writing and duly executed by the party to be
charged therewith. Furthermore, no evidence of any waiver or
El,
;7]
modification shall be offered or received In evidence in any
proceeding, arbitration, or litigation between the parties
arising out of or affecting this agrceini.nt, or the rights or
obligations of any party hereunder, unless such waiver or modi-
fication is in writing, duly executed as aforesaid. The pro-
visions of this paragraph may not be waived except as herein
set forth.
8. DISCRIMINATION
CONTRACTOR agrees that in the performance of the terms of
this agreement, he will not engage in, nor permit his agents
to ,?ngage in, discrimination in employment of persons because
of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of
such persons, except as provided in Labor Code Section 1420.
Violation of this provision may result in the imposition of
penalties referred to in Division 2, Part 7, Chapter 1 of the
California Labor Code.
9. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRAGTOR hereby agrees to defend, indemnify and hold
harmless CITY, its officers, agents and employees, from and
against any and all liability, damages, costs, losses, claims
and expenses, however caused, resulting directly or indirectly
from or connected with CONTRACTOR'S performance of this agree-
ment (including but not limited to such liability, cost, damage,
loss,, claim or expense arising from. the death or injury to an
agent or employee of CONTRACTOR, subcontractor, or of CITY or
damage to the property of CONTRACTOR, subcontractor, or of
CITY of of any agent or employee of CONTRACTOR, subcontractor,
or of CITY, except where such liability, damages, costs, losses,
claims or expenses are caused solely by the negligent or wrong-
ful acts of CITY or any of its agents or employees including
negligent omissions or commissions of CITY, its agents or em-
ployees, in connection with the general supervision or direction
of the work to be performed hereunder.
1.0. WORKERS► COMPENSATION
CONTRACTOR shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all
similar state or federal acts or laws applicable; and shall in-
demnify, defend and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney's fees and costs,
presented, brought or recovered against CITY, for or on account
of any liability under any of said acts which may be incurred
by reason of any work to be performed by CONTRACTOR under this
agreement.
11. INSURANCE
CONTRACTOR agrees to Purnish to CITY and maintain in force
during the term of this agreement a general liability insurance
policy in which CITY is named as an add ti-)nal insured. The
policy shall insure CITY, its officers and employees, while act-
5•
ing within the scope of their duties, against all claims
arising out of or in connection with performance of this agree-
ment. The policy shall provide for not less than the following
amounts: Combined single limit bodily injury and/or property
damage of $300,000 per occurrence. Such policy of insurance
shall specifically provide that any other _--.surance carried by
CITY which may be applicable shall be deemed excess and CON-
TRACTOR'S insurance primary despite a-y conflicting provisions
in CONTRACTOR'S policy to the contrary.
12. INDEPENDENT CONTRACTOR
It is further understood and agreed that CONTRACTOR is,
and shall be, acting at all times as an independent contractor
herein and not as an employee of CITY. CONTRACTOR shall secure
at his expen8e, and be responsible for any and all payment of
income tax, social security, state disability insurance com-
pensatlon, unemployment compensatioii,. and other payroll deduc-
tions for CONTRACTOR and his officers, agents and employees and
all business licenses, if any, in ^tion with the services
to be performed hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day, month and year first above written.
CITY OF HUNTINGTON BEACH
By„
ATTEST: APPROVED T V AS 0 FORM.
ty Clerk g1.1/7 City Attorney
6.
0
REVIEWED AND APPROVED:
City .dministrator
•
CHARLES B. DAVIS
Independent Contractor
1
K
PRIMARY FUNCTION:
To perform a wi.de ranoo of inve;,-tj.r;at'.%ve, aj.praisel and
negotiation duties related to the acq1,'LsitJ1.on,
lease, and disposal of rez,,l property and improve; -Olents ire
which the City has an interest.
PRI14CIPAL DUTIE3 & RESPONSIBILITIES:
Performs or coordinates the appraisals and negotiations for
c',ie acquisition, rentall and sale of fond, improvements,
rights -of' -way and easements for municipal purposes.
Confers with City departments seeking lea.,;ed fa(-Uitie_-;
locates, inspects and reports on the suitability and avail-
ablljity of land sites and improvements ift the area of desired
location.
Prerjarcs lease terms; revie-as and secures execution of formal
lease documents.
Nego'L:Iates on behalf of the City for rental or 1-1a_sin,- of
City-cwned 'property including, bull' not lirlt,lited to conmercir-1.1
stores, residenc-as or ground lea .es.
Gonfers and corresponds with refire sentat- i vez of the
corn ►•office, title companies and other aj;rn�iie8 t.-j
reaolve astions of legality, procedure,,; and va 1lue il�:-sated
to the a. iuisition oA' property.
NeGotiates for real estate appraisal oervices; -Jr-w:s and
recommends regarding the act eptability of 4pp.ra!z,::L1z; cib-
tains estimates of the cost of removing, structures fr=
rights-of-viay; prepares deeds alld escrow, ln:;tructlon,- ex-
plains rel;)caation benefits to eligiole persons and proe5ses
claims ,for relocation payment.
Siipervises oil personally performz the prenarall'Af.;n,
anJ proce,031ng of maps, drw;ings and ni�-'.'cez,:ary
for completing property acqu.-Lzitior. projects.
r.ialintain!� file of' annaxatlioni; including and cop"Li.--s `>Ij
legal dezeriptionz )f all annexations.
De,t,�rmineu prt_*)p(,,,r re.-ntal irate.3 and leaze 1,ezmss; pm-pa-rc;,;
leases an:i rental agreements.
Arranges for repc,tir and maintenance of rent-ed prC.-party Ito
the extent of City obligations.
Perfor*,,ns other related duties.
Exhlbit "All
C,
SUPPLEMENTAL AGREEMENT NO. 1 TO
'I9AT CERTAIN AGAREEMENT DATED
SEPTEMBER 18, 1978, BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH, A
MUNICIPAL CORPORATION, "CITY," AND
CHARLES B. DAVIS, "CONTRACTOR"
Vv I s N E S S E T H:
WHEREAS, CITY and CONTRACTOR have heretofore enterea
into an agreement whereby CONTRACTOR provides certain services
to CITY, and
WHEREAS, the parties mutually desire to supplement such
agreement in that additional services may be provided and ad-
ditional compensation be paid therefor,
NOW, THEREFORE, the Agreement is amended as follows:
1. Paragraph 4, "COMPENSATION,," is amended by adding the
following sentence thereto:
"in addition thereto, CONTRACTOR shall becompensated
at the rate of Fifteen Dollars ($15) per hour to a
maximum of Five Thousand Eight Bzandred Fifty Dollars
($5,850) for services to be performed pursuant to
Exhibit "B" hereof.
2. A new Exhibit "B" is added, a copy of w2lich is
attached hereto and incorporated by reference herein as though
fully set forth herein.
3. All other terms and conditions of the Agreement shall
remain in full force and effect except as modified herein.
Made and executed by and between the parties hereto on
1.'
WSh-..be
7/ 25/79
the day of ��{ �, 1979.
Mayor
ATTEST, APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ell
Ci Administrator '— Ditector of Harbors. Beac Ps,
Recreation and Parks
Charles B. Oa
fi
Contractor"
2
EXHIBIT "B" TO THAT CERTAIN AGREEMENT
DATED SEPTEMBER 18, 1978, BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH, A MUNICIPAL
CORPORATION, "CITY," AND CHARLES B. DAVIS,
" CONTnACTO11,"
PURPOSE
The purpose of this Exhibit "B" is to add to the scope
of work to be performed under the existing agreement.
SCOPE OF WORK
C014TRACTOR is to perform additional services for CITY as
follows
All reasonable and necessary consulting service relative
to the acquisition of park properties including, but not limited
to negotiations for park land acquisitions, preparation of forms,
documents, contracts, bills of sales purchase agreements; con-
sultation with city staff, potential sellers of property and
their attorneys and agents; miscellaneous property acquisition
services
AUTHORIZATION TO SUPPLY SERVICES
Authorization for contracts to perform services shall be
at the special request and direction of the Director of Harbors,
Beaches, Recreation and Parks or his designee.
Return original and three copies of
completed certificate to:
City of Hun 'n on a ,� /� ��
Dept: �L.____
P. 0. Box 190
Huntington Beach, California 92648
AW 14
CERTIFICATE OF INSURANCE
TO
CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described t" tlow have been issued to the insured by the under-
signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the
insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0. Box 190, Huntington
Beach, California 92648. y1 ^}
Name of Insured �.i�i/ltiGLf + 3 i2&ukS Dr? V �S f?+ /kGf l c (GfiAFS ►zr>f ti,
Andress of Insured 16,01 10,1 tl It si zr,_�C- f.�,�%�Jf{c? f��C lk G� It 6 0
Location of Insured Operations L I 6AI el 411-G4
Description of Operations
POLICIES IN FORCE
POLICYUMBER
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
A. Workers Compensation
Statutory
Employers' Liability
$
B. Public Liability:
^�
"I' , combined single
Bodily Injury: r
limit per occurre..ce.
Manufacturers and
Contractors ED
Each Person
Comprehensive
General
G�'S�idi
9�2
`1�2i17
A '� Each Accident
(Including product-, completed
operations)
Property Damage
° Each. Accident
C. Automobile Liability:
Bodily injury
$ n Each Person *'' x
$ , * Each Accident
Property Damage
$ ° Each Accident #
Roes policy cover:
All owned automobiles (. Yes ( ? No
Non -owned " � O 71ll !�Cj Yes No
Hired automobiles (--')Yes No
(�M�r �i`l�Jt01x j �iZ ��J
D. Additional Insured Endorsement: L r ( V1 a Uss ,
The insurer agrees that the City of Huntington Beach City Council, and/or all City Council appointed
commissions, boards and any other City Council appointed body, rand/or elective and appointive
employees of the City of Huntington Reach, whert arti�� such t< a additional assureds hereunder.
0:
to
ri
k s r
C
n.
*.
s / .
b.inmittees , a
servants �ar
E. Hold Harmtest Agreement: By Insured: ,
The insured agrees to protect,defend, indemnify and save harmless the City of Huntington Beach against doss, damage or
expense* by reason of any suits, claims, demands, judgements and cauns of action caused by insured, his employees, agents
or any subcontractor arising out of or in consequeni4 of the performance of all or any operations covered by the certificate
t,; # rurance, and such insurance shall be primary to any Insurance of the city.
F. M1nimum Limits Required: APPROVED AS TO FORM:
Combined Wngie Limit Bodily Injury and/or 'Property Damap including Products Liability: DON P. BONFA
combined single limit per occurrence. City, ttormy
G. Remarks:
......_.... 13y.
gouty CRIV Attcwney
date �.
INWRANCECtSWAMNlf' RIEWRESEfT'ATIVE O El;l
44ataa..� e o4 Acrtolamd vr1M .............
v � S MCC
""J
Lmsuranq_
IJ
AMot
US, PHI
DECLARATIONS ALLSTATE NSURANCE COMPANY
DECLARATION SEP 211 1979
DELUXE BUS'INESSOWNER$ POLICY NO. 0 50 009088 D$D
t. Named Insured CHARLES DAVIS VISTA PACIFIC REAL E5TAT
Mailing Address 1601 DOVE ST 139 NEWPORT CA 92660
2. Policy Period From To
SEP 2�re 1979 SEP 27r 1980
BEGINNING AND ENDING 12 01 A.Mog STANDARD TIME AT THE ADDRESS CE THE
INSURED STATED ABOVE
3. The Named Insured is AN INDIVIDUAL
4. Additional Interests
This policy also covers the interests of any of the following when indicated by an "A" below and named herein.
The Mortgagee, with respect to The Loss Payee, with respect to Business
the Building insured hereunder. Personal Property insured hereunder.
Rhe Additional Insured, with respect to Coverage B, Part One, General Liability Insurance,
Name CTY OF HUNT I NGTN BCH
Address PO 80" I90 HUNTINGTONBEACH CA 92648
5. Policy Coverages
The insurance afforded under this policy applies to each of the Coverages and Parts shown below; provided, with respect to
Coverage A, insurance is afforded only with respect to property, at the described premises, for which a specific limit of Ila-
bility is showr,:
COVERAGE A —'Business Pr.3aerty and Loss of Income
Part
Described Premises for Building One at Location One
Limits of Liability
Buildings and
One
Specified Per.
$
sonal Property
The Property Insurance
Adjustment Condition applicable to this policy.
Two
Personal 1601 DOVE ST 139
$ 19000
Property
COVERAGE B --Business Liability and Premises Medical Payments
Part
Title
Limits of Liability_
One
General Liability Insurance - The Limit of Liability with respect to the Completed Operations and
Products Hazards combined is an aggregate limit for all occurrences during the policy period.
( $ 10000,00
EACH
Two
Employer's Non -Ownership Automobile Liability Insurance
_
OCCURRENCE
Three
Premises Medical Payments Insurance: Each Each
Person $1 @ 000 Accident $10 t 000
S. Optional' Coverages
The following optional coverages, if airy, a% a'iforded under this pot
Coverage- EE Party
Annual Premium for this Policy and Optional Coverages shown herein,
subject to the Premium Condition.
Title
LCUountfed
rms and endorsements, if any, are applicable to the coverage afforded under this policy.
l.IS 1°4C CATNEY , Authorized Agent i'L 1�3BC3t'
Return original and three copies of
completed certificateto: CERTIFICATE OF INSURANCE
City of Hunting on B h J TO
Dept. r "!/
P. O. Box t90 CITY OF HUNTINGTON BEACH, CALIFORNIA
Huntington Beach, California 92648 A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described below have been issued to the insured by the under-
signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the
insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 190, Huntington
Beach, California 92648, r� `�
Name of Insured j 2L� 73 au► 1. Vi —%� V i`,er-ci l s— t2rAL S5<A-ye r.
Address of Insured !(Da I TDO rtt,
r
Location of Insured Operations CI n1 U2�1�.}u7.i rl f%/a�C.Clr
Description of Operations aLtIs'✓L�S'- L�� c•t2=� ' �
POLICIES IN FORCE
NUMBER
UMBER
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION :
A, Workers Compensation
Statutory
Employers' Liability
B. Public Liability
>38;8eO combined single
Bodily Injury:
limit per occurrence.
Manufacturers and
Contractors El
$ Each Person
Comprehensive.
General
i`2VI16
t? 2"j
1
)Tjb7
$ Each Accident
(Including. productscompleted
operations
Property Damage
$ * Each Accident
C. Automobile Liability:
-_—
Bodily Injury
$ * Each Parson
$ * Each Accident
Property Damage
$ Each Accident
Does policy cover
All owned automobiles 2 t4 IV3 _1()� i(,4 Yes ( ) No
4 a4'1 j l7
Non -owned automobiles � , I . r
�) Yes L No
Hired automobiles (cam Yes 'No
D. Additional Insured Endorsement: L.
The insurer agrees that the City of Hunti!'igton Beach Cit,f Coun il, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or
employees of the City -)f Huntington Beach, when acting a such are additional assureds hereunder.
E. Hold Harmless Agreement: By lrsured:
The insured asfrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or i
expense by reason of any suits, rlaims, demands, judgements and causes of action caused by insured, his employees, agents
or any subcontractor arising out of or inconsequence of the performance of all or any operations covered by the certificate
of insurance aod' such insurance shall be primary to any insurance of the city.
F. Minimum Limits Required: APPROVED AS TO FORM:
Combined Single Limit Bodily injury and/or Property Dr•mage including Products Liability: DON P. BONFA
combined single limit per occurrence. City ttorney
G. Remarks:
y:
eputy City Attorney
Date,
INSURANCE COMPANY REPRESEbTATIVE' RO0 ER
�_��.,f�(�t�..ti
Natne��t �Ciii - `,{� l � - l r� � � Signature of Authorized Repmlen ative/Agent
Address 11-) . # `' Address LF a f CGAR r r--y
City / chiral'. Telephone 17m f , f;Pt` IN THy""1' W Y
« CRTs" A= C1,CALU�:?z lA 92660
SUS. PH: 833.S.2 U
a
i
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION, AND CHARLES B. DAVIS,
AN INDEPENDENT CONTRACTOR, TO PROVIDE REAL PROP-
ERTY SERVICES TO THE CITY
THIS AGREEMENT, made and entered into this Z- day of
1978, by and between the CITY OF HUNTINGTON BEACH,
2000 Main Street, Huntington Beach, California, a municipal
corporation, hereinafter referred to as "CITY", and CHARLES B.
Suite 139
DAVIS of 1601 Dove Street, Newport Beach, CA 92660 ,
an individual, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
RECITALS:
II 1. The CITY has a need for a real property agent (herein-
after sometimes called "CONTRACTOR") and desires to fill that
position with an independent contractor, to be hired on contract,
for a limited term as provided 'herein.
2. Said CONTRACTOR will not be a member of CITY'S per-
sonnel system, and CITY has no obligation to retain such CON-
TRACTOR'S services beyond the ter of this agreement.
3. The CITY has reviewed the requirements for the position
of Real Property Agent and has found CONTRACTOR to be qualified
and is willing to contract with CONTRACTOR, and CONTRACTOR is
willing to contract with *ITY'for that position under the terms
and conditions set out herein,
NOW, THEREFORE, the parties covenant and agree as follows:
1. CONTRACTUAL AGREEMENT
CITY hereby contracts with CONTRACTOR outside the
CITY''S personnel system as an independent contractor to fulfill
GH:ps
9I1h/78
l..
the duties of a real property agent and CONTRACTOR hereby accepts
and agrees to such contractual agreement.
CONTRACTOR shall perform for CITY. as described and
set forth in Exhibit "A", attached hereto, and incorporated
herein by reference
2. TERM
The term of contract, and of this agreement, shall be
for one (1) year and shall commence October 1, 1978, and shall
terminate: September 30, 1979
3. OPTION TO TERMINATE
Either party has the right to terminate this agreement
at any time after the effective date of the term of the agreement
upon providing thirty (30) days' written notice to the other
party.
4. COMPENSATION
CITY shall pay CONTRACTOR, and CONTRACTOR agrees to
accept from CITY as full payment for CONTRACTOR'S services here-
under, compensation in the amount of thirteen and eighty/100ths
dollars ($13.80) per hour, to be paid by CITY in bi-weekly install-
ments for hours actually worked. For the term of this agreement,
the total compensation paid to CONTRACTOR by CITY shall not
exceed twenty-two thousand eighty-six dollars ($22,C'6).
5. PERFORMANCE
CONTRACTOR shall at all times faithfully, industriously,
and to the best of his ability, experience and talent, perform
all duties that may be required of and from him pursuant to the
express and implicit terms hereof, to the reasonable satisfac-
tion of CITY.
Additionally, CONTRACTOR agrees not to make any con-
tracts, leases, or other commitments for or on behalf of CITY
without the written consent of CITY.
6. ENTIRETY
This written agreement contains the sole and entire
agreement between the parties. It supersedes any and all other
agreements betwo en the parties. The parties acknowledge and
agree that neither of them has made any representation with
respect to the subject matter of this agreement or any repre-
sentations inducing the execution and delivery hereof except
such representations as are specifically set forth herein, and
each party acknowledges that he or it has relied on his or its
own judgment in entering into the agreement The parties fur-
ther acknowledge that any, statements or representations that
may have heretofore been made by either of them to the other
are void and of no effect and that neither of them has relied
thereon in connection with his or its dealings with the other.
WAIVER
Ido waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be
valid unless in writing and duly executed by the party to be
charged. therewith. Furthermore, no evidence of any waiver or
modification shall be offered or received in evidence in any
proceeding, arbitration, or litigation between: the parties
3.
0
arising out of or affecting this agreement, or the rights or
obligations of any party hereunder, unless such waiver or modi-
fication is in writing, duly executed as aforesaid. The pro-
visions of this paragraph may not be waived except as herein
set forth.
8. DISCRIMINA.TION
CONTRACTOR agrees that in the performance of the terms
of this agreement, he will not engage in, ncr permit his agents
to engage in, discrimination in employment of persons because
of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of
such persons, except as provided in Labor Code Section 1420.
Violation of this provision may result in the imposition of
penalties referred to in Division 2, Part 7, Chapter 1 of the
California Labor Code
9. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to defend, indemnify and hold
harmless CITY, its officers, agents and employees, from and against
any and all liability, damages, cots, losses, claims and expenses,
however ca> ed, resulting directly or indirectly from or con
nected with CONTRACTOR'S performance of this agreement (includ-
ing but not limited to such liability, cost, damage, loss, claim
or expense arising from the death or injury to an agent or em-
ployee of CONTRACTOR, subcontractor or of CITY or damage to
the property of CONTRACTOR, subcontractor, or of CITY or of any
agent or employee of CONTRACTOR, subcontractor, or of CITY),
M
except where such liability, damages, costs, 'losses, claims or
expenses are caused solely by the negligent or wrongful acts of
CITY or any of its agents or employees including negligent omis-
sions or commissions of CITY, its agents or employees, in con-
nection with the general supervision or direction of the work
to Y-e performed_ hereunder.
10. WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of
the Workers' Compensation Insurance and Safety Acts of the State
of alifornia, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all
similar State or Federal acts or laws applicable; and shall in-
demnify, defend and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorneys fees and costs,
presented, brought or recovered against CITY, for or on account
of any liability under any of said acts which may be incurred
by reason of any work to be performed by CONTRACTOR under this
agreement.
11. INSURANCE
CONTRACTOR agrees to furnish to CITY and maintain in
force during the term of this agreemea.- a general liability _in-
surance policy in which CITY is named as an additional insured.
The policy shall insure CITY, its officers and employees, while
acting within the scope of their duties, against all claims
arising out of or in connection with performance of this agreement.
5»
The policy shall provide for not less than the following amounts:
Combined single limit bodily injury and/or property damage of
$300,000 per occurrence. Such policy of insurance shall speci-
fically provide that any other insurance carried by CITY which
may be applicable shall be deemed excess and CONTRACTOR'S insur-
ance primary despite any conflicting provisions in CONTRAC`I'OR's
policy to the contrary.
12. INDEPENDENT CONTRACTOR
It is further understood and agreed that CONTRACTOR is,
and shall be, acting at all times as an independent contractor
herein and not as an employee of CITY. CONTRACTOR shall secure
at his expense, and be responsible for any and all payment of
income tax, social security, state disability insurance compensa-
tion, unemployment compensation and other payroll deductions for
CONTRACTOR and his officers, agents and employees and all business -
licenses, if any, in connection with the services to be performed
hereunder.
1N WITNESS WHEREOF, the parties hereto have executed
this agreement the day, month and year first above written.
CITY OF HUNTINGTON BEACH
Mayor
ATTEST:
City Clerk
6.
i
INITIATED AND APPROVED APPROVED AS TO FORM:
AS TO CONTENT:
Director o- ublic Works City Atborney
REVIEWED AND APPROVED:
;-� �--'00000 ltd
1!�V�4000 le7-. ..:ter
CHARLES B. DAVIS,
Independent Contractor
ty Administrator
PRIMARY FUNCTION:
To perform a wide range of investigative, appraisal and
negotiation duties related to the acquisition, management,
lease, and disposal of real property and improvements in
which the City has an interest.
PRINCIPAL DUTIES & RESPONSIBILITIES:
Performs or coordinates the appraisals and negotiations for
the acquisition, rental and sale of land, improvements,
rights -of -way and easements for municipal purposes.
Confers with City departments seeking leased .facilities;
locates, inspects and reports on the suitability and avail-
ability of land sites and improvements in the area of desired
location.
Prepares lease terms; reviews and secures execution of formal
lease documents.
Negotiates on behalf of the City for rental or leasing of
City -owned property including but not limited to commercial
stores, residences or ground leases.
Confers and corresponds with representatives of the City
Attorney's office, title companies and other agencies to
resolve questions of legality, procedures and value related
to the acquisition of property.
Negotiates for real estate appraisal services; reviews and
recommends regarding the acceptability of appraisals; ob-
tains estimates of the cost of removing --,tructures from
rights -of -way; prepares deeds and escrow Instructions; ex-
plains relocation benefits to eligible persons and processes
claims for relocation payment
Supervises or personally performs the preparation, assembly
and processing of maps, drawings and documents necessary
for completing property acquisition projects.
Maintains file of`ar:nexations including maps and copies of
legal descriptions of all annexations
Determines proper rental rates and lease terms; prepares
leases and rental agreements.
Arranges for repair and maintenance of rented property to
the ex' . ,it of City obligations.
Performs other related duties.
Exhibit "All
i
./- Pr/'Sad✓rrF.�;'
EXTENSION OF CONTRACT
The contract, dated. February 8, 1978, by and between the
CITY OF HUNTINGTON BEACH and CHARLES DAVIS, Real Property Agent,
in all its terms and conditions, is extender °art;t and including
September 30, 1978.
Dated this IX' 7�day of dtL 1978 at
Huntington Beach, California.
e
CHARLES DAVIS, Agent
CITY OF HUNTINGTON BEACH
Mayor Pro Tempore
ATTEST: APPROVED AS TO FORM:
Ae�C.r�_
f
City -Clerk City Attorney
hLVIEWED AND APPROVED: INITIATED ,AND APPROVED
Cit Administrator ,.. ,
Director of 7C Works
7"
17 July 1978
TO: Honorable Mayor and City Council
FROM: -.'ity Attorney
SUrJE("Contracts for Police Legal Adviser and Real
Property Agent - Agenda Item M, July 17, 1978
RP,CC NDATION:
Extend existing contracts an additional sixty days.
DISCUSSION:
,Proposed contracts have been submitted to the Council to employ
the Police Legal Adviser for an additional two-year term and to
employ the Real Property Agent for one additional year.
Because we are concerned about the impact of these contracts on
the city's share of the state surplus funds, we recommend ex-
tending existing agreements for sixty days. Both new contracts
provide for salaries in excess of the salaries in the existing
oon--races .
Senate Bill 2212, which we just received, provides that no state
funds shall be availa'_,le to any local agency that provides an
increase in wages or salaries for its employees, elected offi-
cials or appointed noncivil service officers in excess of that
provided state employees. (The agency can provide for compensa-
tion other than wages or salaries, such as health benefits, re-
tirement benefits, life insurance, vacation time, and sick leave.)
The additional time is needed to determine whether these contracts
would violate the brill a.d explore alternatives. It is our pre-
liminary opinion that the increases in the new contracts are im-
proper under S. B. 2212. We are in the process of trying to
obtain an opinion from the Attorney General
Respectfully submitted,
GAIL HUTTON
City Attorney
GH:RCS:ahb
a� 4-1
EXTENSION OF CONTRACT
}
This contract in all its terms and conditions is extended until and
including Jl�ly 31, 1978.
Da•, : d this �p 4,A day of , 1978 at Hn-wUngton beach
California.
CITY UNTINGTON BEACH
Mayor
ATTEST:
Alicia M. Wentworth
City Clerk
BY:
Deputy
INITIAT D AND APPROVED AS TO CONTENT:-',.PPROVED AS TO FORM:
. ,Z .
C' y Administrator City Attorney
Chary s Davis
J
f
AGREEMENT
fh
THIS AGREEMENT made .;his d day of
0
19783 by and between the CITY OF HUNTINGTON BEACH, 2000 Main
Street, Huntington Beach, California, herein referred to as
"CITY," and CHARLES DAVIS of/(9f2 �%iiyo/'CA_�% � .4 t',�a-
herein re 'erred to as "EMPLOYEE"
W I T N E S S E T H
WHEREAS, the CITY has a need for a real property agent
and desires to fill that position with an employee to be hired on contract for a limited term as provid. d herein; and who will f
not be considered to be within the CITY's personnel system; and
WHEREAS, the CITY has conducted a search to fill the
position of real property agent and has found EMPLOYEE to be
qualified and is willing to employ EMPLOYEE and EMPLOYEE is willing
to be employed by CITY in that position under the terms and con-
ditions set out herein,
NOW, THEREFORE, the parties covenant and agree as follows:
1. CITY hereby employs EMPLOYEE outside the CITY's
personnel system as a contract employee to fulfill the duties of
a real property agent and EMPLOYEE hereby accepts and agrees to
such employment
2. EMPLOYEE shall perform the duties of a real pro erty
agent for CITY as described in the job description which is
Exhibit "A"' attached hereto and by reference incorporated herein.
MT:cs EMPLOYEE shall additionally render such other and ur.pela.ted
1.
JT
services and duties as may be assigned to him from time to time
by CITY and abide by the personnel rules of CITY.
3. The term of employment s
hall commence February 23,
1978, and terminate June 30, 1978.
4.CITY shall pay EMPLOYEE and EMPLOYEE agrees to
accept from CITY as full payment for EMPLOYEE's services hereunder,
compensation in the amount of Seven Thousand Five Hundredand
Eighty-Four Dollars ($7,584) to be paid by CITY in bi-weekly
installments. Additionally, EMPLOYEE may purchase the benefit
package that would normally accrue to an employee of a comparable
compensation level who is within the personnel system of CITY.
If EMPLOYEE elects to purchase a benefit package, the payment for
all benefits selected will be deducted from EMPLOYEE's bi-weekly
pay by CITY.
5. EMPLOYEE shall at all times faithfully, industriously,
and to the best of his ability, experience, and talent, perform
all duties that may be required of and from him pursuant to the
express and implicit terms hereof, to the reasonable satisfaction
of CITY.
6. EMPLOYEE agrees not to make any contracts, leases
or other commitments for or on behalf of CITY without the written
consent of CITY
7. This written agreement contains the sole and entire
agreement between the parties. It supersedes any and all other
2.
agreements between the parties. The parties acknowledge and
agree that neither of them has made any representation with
respect to the subject matter of this agreement or any represen-
tations inducing the execution and delivery hereof except such
representations as are specifically set forth herein, and each
party acknowledges that he or it has relied on his or its own
judgment in entering into the agreement. The parties further
acknowledge that any statements or representations that may have
heretofore been made by either of them to the other ,e void and
of no effect and that neitner of tnem has relied thereon in
connection with his or its dealings wi i the other.
8. No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be
valid unless in writing and duly executed by the party to be
charged therewith. Furthermore, no evidence of any waiver or
modification shall be offered or received in evidence in any
proceeding, arbitration, or litigation between the partied' '
arising out of or affecting this agreement, or the rights cr
obligations of any party hereunder, unless such Giver or
modification is in writing, duly executed as aforesaid. The
provisions of this paragraph may not be waived e:tcept as herein
set forth.
IN WITNESS WHEREOF, the parties hereto have syt their hands
and seals the day and year first above written.
CI HUNTINGTON
Pi
Mayor
3.
r
ATTEST:
ALICIA M. WENIWOM
City Clerk
By 4&zn&Q�-� Aeputy
INITIATED AND APPROVED APPROVED AS TO FORM:
AS TO CONTENT:
ty Administrator City Attorn-yV AST
Charles Dav
REQU T FOR CITY COUNCIL ACTION
N
Submitted by Paul E. C k Department PnhliQ works
Hate PreparedAu ust 18 , 19,E Backup Material Attached E] Yee No
Subject Renewal of Real Property Agent Agreement
City Administrator's Comments
Approve as Recommended
«Z/p,
Statement of Issue, Recommendation, Analysis, FundiN Source, Alternative Actions: ,
Statement of Issue:
The City's present contract with Charles Davis as Real Property Agent is
due to expire on Sept. 30, 1950. The need for Mr. Davis' service continues
and the attached agreement would renew those services for an additional
one year term._
Recommended Action:
Approve the attached agreement between the City and Charles Davis to provide
Real Property Services to the City.
Analysis
During the past year Mr. Davis has provided expertise to the City in the
acquisition of real estate, rights of way, easements, leases, etc. With
land and construction costs escalatng at an ever increasing rate, his
serviced are essential to the timely completion of these acquisitions and
continued success of numerous City projects. The contract calls for payment
to Mr. Davis at a rate of $20.00 per hour not to exceed a maximum of
$35,000.00. No other compensation or employee benefits are included; v
however, this represents an increase over the $15.00 per hour that Mr. Davis
is currently being paid. Other consulting firms have been contacted and
are available to do this work with fee schedules ranging between $45-$100
per hour.
Funding Source:
General Fund.` Certain charges will be made against Gas Tax, Park Acquisi-
tion and Development and other accounts to transfer to the General Fund
where Real Property Services are rendered on their :respective projects.
Alternative:
Dispense with the services or secure formal bids from other contractors.
PEC:CSD:jy /
P►0 3/7
REQUEST FOR CITY COUNCIL ACTIONS
Submitted by Floyd G. Belsito - Department Public Works
Date Prepared September 10 , 19 79 Backup Material Attached F� Yes D No
Subieet Renewal of Real Property Agent Agreement
City Administrator's Comments
Approve as recommended
Statement of issue, Recommendation,, Analysis, Funding Source, Alternative Actionx o ,
Statement of issue:
The City's present contract with Charles Davis as Real Property Agent.is
due to expire on Sept. 30, 1979. The need for Mr. Davis' service continues
and the attached agreement would renew those services for an additional,
one year term.
Recommended Action:
Approve the attached agreement between the City and Charles Davis to provide
Real Property Services to the City.
Analysis:
During the past year Mr. Davis has provided expertise to the City in the
acquisition of real estate, rights of way, easements, leases, etc. With
land and construction costs escalating at an ever increasing rate his
services are essential to the timely completion of these acquisitions and
continued success of numerous City ,projects. The contract calls for payment
to :Mr. Davis at a rate of $15.00 per hour not to exceed a maxii,-lxm of $26,000,
which is the amount budgeted in the F.Y. 1980 Public Works budget. No,other
compensation or City benefits are included-. Other consulting firms have
been contacted: and are available to do this work with fee schedules ranging
between $35-$75 per hour..
Funding Source:
General Fund. Certain charges will be made against the Gas Tax and Pank
Ac,quisitior. and Development funds to transfer to the General Fund where
Real Property Services are rendered on Gas Tax or Park Acquisition projects.
Alternatives:
D spense w with the service or require formal bids from other contractors.
FGB:CBD:jy
e10 an0 ,
h
REQUEST FOR CITY COUNCIL ACTION
Submitted by Vincent G. Moorhouse Department Harbors, Beaches, Recreation
and Parks /.
Date Prepared Jmy 31. , 19 79 Backup Material Attached XQ 'Yes [:] No
Subject AMENDMENT To CONTRACT WITH CHARLES B . DAVI S , REAL PROPERTY
Approve as recommended.
City Administrator's Comments
APPROVED By - CITY
UNCb--
CITY
1.9.1..1..
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: c ,
Q �Q
STATEMENT OF ISSUE y
The City Council, at its meeting of July 16, 1979, approved a proposal
to amend the contract with Mr. Davis to enable him to proceed with ac-
quisition of numerous park properties.
RECOMMENDATION
Approve the attached contract amendment and authorize its execution by
the Mayor and City Clerk.
ANALYSIS
Under the existing contract with Mr. Davis, the City has alloca*-Uci an
amount not to exceed $22,086 for a one year period ending September 30,
1979. This amount enables him to work approximately thirty hours per
week :which is being spent primarily on Public Works projects. It is im-
perative tha we now pursue acquisition of remaining parkland due to the
extreme escalation of land values within the City. Mr. Davis has indi-
cated he could handle this additional workload or bring in an associate
if the funds were available. Public Works has budgeted funds for the
1979/80 Fiscal Year to continue Davis' services and we will be renego..,-
tiating his contract for an additional one year term upon expiration of
the existing contract.
FUNDING SOURCE
The City Attorney has advised that the Park Acquisition and Development
Funds can be used to pay for A.-Ir. Davis' salary:
ALTERNATIVE ACTIONS
Go out to bid in search of another contract real prop-rty agent;
Discontinuefurther acquisition of parklands.
P10 3/78'
Or
~ REQUES FOR CITY COUNCIL CiB fV
Subn;itted by Vincem, G. Moorhouse Department Harbors,, a. nes, Recreatton & Parks
Date Prepared June 22 19799 Backup Material Attached x� Yes No
Subject Amendment to Real Prnj)Prt;y Agent „�'���p� nnyl s 1 AgrPPmPni-
City Administrator's Comments
Approve as recommended
V
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions;
STATEMENT OF ISSUE
Di: to spiraling land costs, it is in the City's best interest to acquire the
remaining properties within Huntington Central Park as expeditiously as
possible. Charles B. Davis is currently under contract with the City to pro-
vide real property services and his time as allocated under his existing con-
tract is being totally utilized by the Public Works Department.
RECOMMENDATivl
Approve proposal to amend Mr. Davis' contract for its remaining three months
to include an additional amount not to exceed $5,850, billed at the rate of
$15.00 per h-aur,_ enabling him to proceed with necessary park property acquis-
itions, and allow for renegotiation when existing contract with Public Works
expires.
ANALYSIS
Under the existing contract with Mr. Davis, the City has allocated an amount
not to exceed $22 086 for a one year period ending September 30, 1979. This
amount enables him to work approximately thirty hours per week which is being
spent primarily on Public Works projects It is imperative that we now pur-
sue acquisition of"remaining parkland due to the extreme escalation of land
values within the city. Mr. Davis has indicated he could haY:lle this
additional workload or bring in an associate if the funds were available;
Public Works has budgeted funds for the 79/80 fiscal year to continue Davis'
services and we will be renegotiating his contract for an additional one year
term. upon expiration of rche existing contract.
FUNDING SOURCE
The City Attorney has advised that the Park Acquisition and. Development Fund
can be used to pay for Mr. Davis' salary,
ALTERNATIVE ACTIONS Go out to bid in search of another contract real property
agent,
Discontinue further acqui.si.tion of parklands
REQUE T FOR CITY COUNCIL ,ACTION R.C.-A. #783
11. F. Hartge Public Works
Submitted by Department
Date prep ed Sept • 197 8 Backup Material Attached a Yes No
Subject
nt for Real Property Agent
City Administrator's Comments
t
Statement of Issue, Recommp^ ' .;ion, Analysis, Funding Source, Alternative Actions:
Statement of Issues
Since February, 1977, Charles B. Davis has acted under contract as the City's
Real Property Agent. Mr. Davis' status has been that of a contract employee
working under the terms of an agreement that was to expire on June 30, 1978
Thatcontractwas extended by Council action to September 30, 1978.
Recommended Action:
Approve the attached agreement between the City and Charles Davis to provide
real property service to the City.
Analysis:
There is a need for a Real Property Agent within the City organization to
provide professional acquisition, sales and management services. The ex-
pressed policy of the City Council upon hiring Mr. Davis was to have such
services provided on a contract basis.
The previous contract placed Mr. Davis in the status of a contract employee;
that is, a limited term employee not within the personnel system.. The City
Attorney feels that the terms of the old agreement might be construed to be
an attempt to circumvent the personnel system. The attached agreement
clearly defines Mr. Davis' relationship to the City as that of an 4,ndepend
ent contractor.
Under terms 'of'the Professional Services ordinance, bids are to be received
from at least three contractors unless th4 se vice can only be provided by
a single source. In this instance, Mr. Davis' 17 months' experience as a
contract employee uniquely qualifies him to perform the: sere.=ices required by
the City. His intimate knowledge of on -going projects and his well estab-
lished relationship both with City employees and those with whom the City
does business qualify higt as the only source capable of meeting the City's
Real Property Service needs,
This agreement provides for no vacation, si.ck leav•4 or paid holidays and
calls for payment to Mr. Davis in the amount of $13.80 per hour only for
P10 W78
�It
Request for Council Action #78-39
September 12, 1978
Page 2
hours actually worked. The total payments during the term of the agree-
inent may not exceed $22,086, -he amount budgeted in the FY 1.979 Publi-
Works Budget. Mr. Davis will also be required to carry Workers' Compensa-
tion Insurance, purchase liability insurance in th- amount of $300,000,
and hold the City harmless from damages connected with his performance.
Those items were not required in the previous contract.
Funding Source:
.General Fund. Certain charges will be made against the Gas Tax and Park
Acquisition and Development Funds to transfer to the General Fund where
Real Property Services are rendered on Gas Tax or Park Acquisition_ projects.
Alternatives:
Dispense with the position, create a permanent position of Real Property
Agent within the personnel system, or require bids from other independent
contractors
HEH: DI4: jy
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION, AND CHARLES B. DAVIS,
AN INDEPENDENT CONTRACTOR, TO PROVIDE REAL PROP-
ERTY SERVICES TO THE CITY
THIS AGREEMENT, made and entered, into this %j day of
Ae_� 1978, by and between the CITY OF HUNTINGTON BEACH,
20f;(i V;4.1,r ';.;",,feet, Huntington Beach., California, a municipal
corc,_rc .t-i�Ln., h-reinafter referred to as "CITY", and CHARLES B.
Suite 139
D.A741 , of 1601 Dove Street, Newport. Beach, CA 92660 ,
nn in,, ividual, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
RECITALS
1. The CITY has a need for a real property agent (herein-
after sometimes called "CONTRACTOR") and desires to fill that
position with an independent contractor, to be hired on contract,
for a limited term as provided herein.
2. Said CONTRACTOR will not be a member of CITY'S per-
sonnel system, and CITY has no obligation to retain such CON-
TRACTOR'S services beyond the term of this agreement.
3. The CITY has reviewed the requirements for the position
of Real Property Agent and has found CONTRACTOR to be qualified
and is willing to contract with CONTRACTOR, and CONTRACTOR is
willing to contract with CITY for that position under the terms
and conditions set out herein.
NOW, THEREFORE, the parties covenant and agree as follows:
1 CONTRACTUAL AGREEMENT
CITY hereby contracts with CONTRACTOR outside the
CITY"S personnel system as an independent contractor to fulfill
Gli:ps
9111/78
a.
the duties of a real property agent and CONTRACTOR hereby accepts
and agrees 'to such contractual agreement.
CONTRACTOR shall perform for CITY as described and
set forth in Exhibit "A", attached hereto, and incorporated
herein.by reference.
2. TERM
The term of contract, and of this agreement, shall be
for one (1) year and shall commence October 1, 1978, and shall
terminate September 30, 1979.
3. OPTION TO TERMINATE
Either party has the right to terminate this agreement
at any time after the effective date of the term of the agreement
upon providing thirty (30) days' written notice to the other
party.
4,. COMPENSATION
CITY shall pay CONTRACTOR, and CONTRACTOR agrees to
accept from CITYas full payment for CONTRACTOR'S services here-
under, compensation in the amount of thirteen and eighty/100ths
dollars ($13.80) per hour, to be paid by CITY in bi-weekly install-
ments for hours actually worked. For the term of this agreement,
the total compensation paid to CONTRACTOR by CITY shall not
exceed twenty-two thousand eighty-six dollars ($22,086).
5 PERFORMANCE
CONTRACTOR. shall at all times faithfully, industriously,
and to the best of his ability, expe:riexce and talent, perform
all duties that may be required of and from him pursuant to the
t 2
express and implicit terms hereof, to the reasonable satisfac-
tion of CITY.
Additionally, CONTRACTOR agrees nog- to make any con-
tracts, leases, or other commitments for or on behalf of CITY
without the written consent of CITY.
6. ENTIRETY
This written agreement contains the sole and entire
agreement between the parties. It supersedes any and all other
agreements between the parties. The parties acknowledge and
agree that neither of them has made any n.epresentatiori with
respect to the subject matter of this agreement or any repre-
sentations inducing the execution and delivery hereofexcept
such representations as are specifically set forth herein, and
each party acknowledges that he or it has relied on his or its
own judgment in entering into the agreement. The parties fur-
ther acknowledge that any statements or representations that
may have heretofore been made by eitherof then to the other
are void and of no effect and that neither of them has relied
thereon in connection with his or its dealings with the other.
7, WAIVER
No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be
valid unless in writing and duly executed by the party to be
charged therewith. Furthermore, no evidence of c13y waiver or
modification shall be offered or received in evidence in any
proceeding, arbitration, or litigation between the parties
3.
arising out of or affecting this agreement, or the rights or
obligations of any party hereunder, unless such waiver or modi-
fication is in writing, duly executed as aforesaid. The pro --
visions of this paragraph may not be waived except as herein
set forth.
8. DISCRIMINATIM1
CONTRACTOR agrees that in the performance of the terms
of this agreement, he will not engage in, nor permit his agents
to engage in, discriirsnation in employment of persons because
of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of
such persons, except as provided in Labor Code Section 1420.
Violation of this provision may result in the imposition of
penalties referred to in Division 2, Part 7, Chapter 1 of the
California Labor Code.
9. INDEMNIFICATION DEFENSE, HOLD HARMLESS
9
CONTRACTOR hereby agrees to defend, indemnify and hold
harmless CITY, its officers, agents and employees, from and against
any and all liability, damages, costs, losses, claims and expenses,
however caused, resulting directly or indirectly from or con
netted with CONTRACTOR'S performance of this agreement (includ-
ing but not limited to such liability, cost, damage, loss, claim
or expense arising from the death or injury to an agent or em-
ployee of CONTRACTOR, subcontractor, or of CITY, or damage to
the property of CONTRACTOR, subcontractor, or of CITY or of any
agent or employee of CONTRACTOR, subcontractor, or of CITY),
4
,=
except where such liability, damages, costs, losses, claims or
expenses are caused solely by the negligent or wrongful acts of
CITY or any of its agents or employees including negligent omis-
sions or commissions of CITY, its agents or employees, in con-
nection with the general supervision or direction of the work
to be performed hereunder.
10 WORKERS'COMPENSATION
CONTRACTOR shall comply with all of the provisions of
the Workers' Compensation Insuranee and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all.
similar State or Federal acts or laws applicable; and shall in-
demnify, defend and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and judgments of
every nature and description, including att,rney's fees and costs,
presented, brought or recovered against CITY, for or on account
of any liability under any of said acts which may be incurred
by reason of any work to be performed by CONTRACTOR under this
agreement.
1.1 INSURANCE
CONTRACTOR agrees to furnish to CITY and maintain in
force during the germ of this agreement a general liability in-
surance policy in which CITY is named as an additional insured.
The policy shall insure CITY, its officers and employees, while
acting within the scope of their duties, .against all claims
arising out of or in connection with performance of thl.s agreement.
5'«
The policy shall provide for not less than the following amounts:
Combined single limit bodily injury and/or property damage of
$300,000 per occurrence. Such policy of insurance shall speci-
fically provide that any rather insurance carried by CITY which
may be applicable shall be deemed excess and CONTRAC'OW S insur-
ance primary despite any conflicting provisions in CONTRACTOR's
policy to the contrary.
12. INDEPENDENT CONTRACTOR
It is further understood and agreed that CONTRACTOR is,
and shall be, acting at all times as an independent contractor
herein and not as an employee of CITY. CONTRACTOR shall secure
at hi5 expense, and be resporsible for any and all payment of
income tax, social security, state disability insurance compen:5a
tion, unemployment compensation and other payroll deductions for
CONTRACTOR and his officers, agents ar:. . ,Aployees asid all business
licenses, if any, in connection with the services to be performcd
hereunder.
IN WITNESS WHEREOF, the parties hereto .nave executed
this agreement the day, month and year first above written.
CITY OF HUNTINGTON BEACH
Mayon
AT;C ,ST
City Clerk
INITIATED AND APPROVED APPROVED AS TO FORM:
AS TO CONTENT:
Director o . ublic Works City At Forney
REVIEWED AND APPROVED.* o
a ^oar.....
.„ CHARLES B. DAVIS,
Independent Contractor
45;:;4- - 7
ty A ministrator
PRIMARY FUNCTION:
To perform a wide range of investigative, appraisal and
negotiation duties related to the acquis Lion, management,
lease, and disposal of real property and improvements ir,
which the City has an interest.
PRINCIPAL- DUTIES & RESPONSIBILITIES:
Performs or coordinates the appraisals and negotiations for
the acquisition, rental and szle of land, improvements,
rights--of-way and easements for municipal purposes.
Confers with City departments seeking leased facilities;
locates, inspects and reports on the suitability and avail-
ability of Land sites and improvements in the area of desired
.location.
Prepares lease terms,; reviews and secures execution of formal
lease documents.
Negotiates on behalf of the City for rental or leasing of
City -gowned property including but not limited. to commercial
stores, residences or ground leases.
Confers and corresponds with representatives of the City
Attorney's office, title companies and other agencies to
resolve questions of legality, procedures and value related
to the acquisition of property.
Negotiates for real estate appraisal services; reviews and
recommends regarding the acceptability of appraisals; ob-
tains estimates of the cost of removing structures from
rights, -of -way; prepares deeds and escrow instructions; ex --
plains relocation benefits to eligible persons and processes
claims for relocation payment
Supervises or personally performs the preparation, assembly
and processing of maps, drawings and documents necessary
for completing property acquisition projects.
Maintains file of annexations including maps and copies of
legal descriptions of all annexations.
Determines proper rental rates and lease terms; prepares
leases and rental. agreements
Arranges for repair and maintenance of rented property to
the extent of City obligations -
Performs other related duties.
Exhibit "A"
CITY OF Hq.1 TOM IB"C"
1 * , INTER-DEPART"'IT� l' NICATION
HUN134GTON PEACH
To City Administrator From Vi.ncen'c G, Noorhouse, Director
ILrbors,.BeacLes, Recreation & Parks
Subject Beal. Prcderty Agent Contract ()ate July 1?, 1979
Deferred Agenda Item K-2
This matter was deferred at the Council meeting of July 2,
1979, in order for me to meet with Councilwoman Bailey to
answer her questions and , ncerns. On July 10, 1979, I met -
with Mrs. Bailey who felt the City could utilize existing
manpower or the services of Mr. Charles Pollyea in acquiring
and condemning property.. M-,s.Bailey was opposed to further
contracting. I explained that Mr Pollyea's area of expertise
was not in land acquisition or Eminent domain Further,
Mr, Pollyea°s services are obtained at $75 an hour versus
$15 an hour quoted by Mr. Charles Davis' company.
I did point out that the real issue is to acquire the encyclo-
pedia lots and to complete the land acquisition at Huntington
Central Park. In corder to meet this department's time frames
.h due to rapid escalation in property costs, and for the expenditure
of $5,800, Mr. Davis' firm would spend time exclusively on m�:eting
our goals and objectives. I further advised Mrs. Bailey that
many cities have four or five land acquisition experts on their
payrolls. Our City has only one. There was . ome concern that
Mr. Davis would.hire someone else to do the•��b. I explained
that we had no obje^tion to than as long as the assigned tasks
were accomplished. The City has a oontract with Mr, Davis'
company for-ervi^es rendered.
An opinion frtom the �wity Attorneys Office is attached regarding
tk,e legality of using Park Acquisition and Development Fund monies
to pay for Mr. Davis' aervics.. I recommend this item be approved
at Monday night's Oornclil meeting.
Harbors, Beaches, Recreation & Parks
VCM:es
Attachment.
rt
L�
mfjtCITY OF HUNTINOTM MLACH
�
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON '
To VINCENT G. MOORHOUSE, Director From '.ASSISTANT CITY ATTORNEY
Harbors, Beaches, l ecrea% iun & Parks
Subject PARK FUNDS: Date June 12, 1979
(a) Purchase of Heavy Equipment
for.Park Improvement;
(b) Hire of Real Property Agent
Reference: �a) Your memo of.May 29,.1979
(b) Your memo of May 31, 1979
As we discussed orally last week, the leading case of Associated
Home Builders of the Greaser East Bay, Inc.,"s•,, Walnut Creek 1971)
4 C3d i379 Cal.Rptr. 630, discusses the issue and makes the
observation that when -the public agency has purchased sufficient
property for park acquisition it can then utilize the funds re-
maining for improvement of the ltknd itself.
Certainly, as to heavy equipment purchase or rental, the answer
would be in the affirmative. As to the hire of a real property
agent, since this cost is directly related to land acquisition
itself, it would appear to be.the type of a`,sociatee cost that
could be considered as a part of the purchase price.to the city
and thus be a permissible use of these. funds.
Y
)kPP;ROV'ED r
GAIL NT)TTON
City N�okort,ey
i^
R.C.A. it 7 8 -3 9
REQUEST
FOR CITY COUNCIL A-� � 1'0N
H. E. Hartge Public [;orks
.Submitted by Department
Date Prepared Sept. 12 , 1978 Backup Material Attached P Yes � No
Subject Agreement for Real Property Agent
City Administrator's Comments
Approve as recommended
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement ofTssue:
Since February, 1977, Charles B. Davis has acted under contract as the laity's
Real Property F:gent. Mr. Davis' status has been that of a contract employee
working under_ the terms of an agreement that was to expire on June 30, 1978.
That contract was extended by Council action to September 30, 1978.
Recommended Actions
Approve t';e attached agreement between the City and Charles Davis to provide
real property service to the City.
Ana].y;,i
There io a need for a steal Property Aqt-it within the City organization to
provide professional acquisition, sales and management services. The ex-
pressed policy of the Cit"I Council upon hiring Mx . Davis was to have ;such
services provided on a contract basis.
The previous contract placed Mr. Davis in the status of a contract employee;
that is, a limited term employee not within the personnel. system. The City
Attorney feels that the terms of the old- agreement might be construed to be
an att€,mpt to circumvent ,ie personnel system. The attached agreement
clearly defines Mr. Davis relationship to the City as that of an independ-
ent contractor.
Under terms of the Professional Services Ordinance, bids are to be received
fr°•+m at least three contractors unless the service can only be provided by
a single source. In this instance, Mr. Davis' 17 month;' expo-rience as a
contract employee uniquely qualifies him to perform the services required by
the City. His intimate knowledge of or -going projects and his well estab-
lished relationship both with City employees and those with whom the ^ity
does business qualify him as the only sourC� capable of meeting the City's
Real; Property -service needs.
This agreement provides for no vacation, sick leave or paid holidays and
calls for payment to Mr. Davis in the amount of $13.80 per hour only for
Ptio ans
2
Request for Counci' Action #78-39
September 1.2, 1978
Pag,� 2
hours actually worked. The total payments during the term of the agree-
ment may not exceed $22,086, the amount budgeted in the FY 1979 Public
Works Budget. Mr. Davis will also be required to carry [porkers' Compensa-
tion Insurance, ,purchase liability insurance in the amount of $300,000,
and hold the Cite harrtle 3s from damages connected with his performance.
Those items were not rE_quired in the previous contract.
Funding Source:
General Fund. Certain charges will be made against the Gas Tax and Park
Acquisition and Development Fv:.us to transfer to the Genera, Fund wher(<
Real Property Services are rende"ed on Gas Tax or Park Acquisition proDects.
Alternatives:
Dispense with the position, create a permanent position of Real Property
Agent ;,ithin the personnel systeri; or require bids from other independent
contractors.
HEH:DLC:jy
REQU FOR CITY COUNCIL ACTIONf�s
H. E. Hartge ,4d44'` Public Works
Submitted `�y Department_
Date Prepared June 12 , 1 19 7 8 Backup Material Attached M Yes ❑ No
Subject Professional Services ContrL.Ct Real Property Agent
City Ad ministratar's Comments
b r, P(or
",approve as recommended. � �V; ?
Statement of Issue, "-.-�-)mmendation, Analysis, Funding Source, Alternative Actions;
Statement of Issue
The current ontract with the City',i Reai Property Agent expires on
June 30, 1978. The cost savings to the City resu?.ting from. the previous
contract with this individual indicates a need to continue this service
and execute a contract for the new fiscal year.
Recommendation
Approve the attached: contract with the Real Property Agerh1- in the amount
of $22,080.00, and authorize its execution L, the Mayor and City Clerk.
Ana�is
i The City originally retained a Meal Property Agent on a contract: basis in
March of lac& year .
During the term of the ?revious contract, the Real Property Agent has
consolidated the real property related activities of all departments
into one office. He has during his tenure with the City closed nearly
2 million dollars in real property transactions and currently has a
caseload. involving approximately 1.00 parcels of land. He has generated
substantial cost saving7, to the City;for example, through his knowled.,)e
of appraisal technique he recently peKsuaded the State Dept. of Trans—
portation (Ca?�T.rans) to re -appraise Stage property needed by the City for
roadway improvements. This resulted in a waiver by CalTran.s of the
entire $40,000 cost to the City for acquisition of the State land. To
date, the total dollar savings to the City resulting from this individual's
service is nearly $200,000 00. The cost savings added '..D the improved
communication with the public and consolidation of real property activities
indicates a substantial advantage to the City.
P10 3f/ff
City Council. Action - P:ofessiona.l Services Contract
Real Property Agent
June 12, 1978
Page 2
Alternative
Re -distribute the current workload being handled by the Real Property
Agent to the requesting departments which most likely would result in
increased cost to the City.
Funding Source
The contract- would be funded from the C.- . oral Fund with about; 90 0 of
the amount being recaptured from Gas T< and User departments,
HER:CBD•me
�J� > CITY OF BUNTING !'*O l BEACH CA 7 8 -1 s
COUNCIL -ADMINISTRATOR COMMUNIC - ION
HUNTINGTON REACH
To Honorable Mayor and From Fioyd G. Belsito
City Council Members City Administrator
Subject REAL PROPERTY AGENT Date January 31, 1978
AGREEMENT
The current one -yeas contract for professional services between the
City and Real Property Agent Charles Davis terminates on Feb-puary 22.
The City Council on September 19, 1977, appropriated $7,584 in Anti -
Recessionary funding to provide continuation of Mr. Davis' services
through June 30, 1978.
RECOMMENDATION:
Execute the attached agreement between the City and Charles Davis.
ANALYSISo
Mr. Davis provides valuable services by consolidatirig the real
property -related activities of all departments from one office. The
Director of Public Works requested that the position be made permanent
effective February 23 in his FY l" ' budget request. Since Anti -
Recessionary f-nds in a sufficiu mount were available- to continue
the contractual arrangement th,. ne 30, 1978, that alternative
was suggested by Administration proved by the City Council.
FUNDING SOURCE
The necessary funds have already veen appropriated.
Res-aRctfully sub i ed, GZx 0
r ` Loyd G. Belsito
City Administrator ��~ os
FGB:DLC:bb ,-
iG
Attachment t
A 1, n /14
M