HomeMy WebLinkAboutCharles Davis - 1978-02-0610
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AGRELMENT BETWEEP SHE CITY OP HUNTINGTON BEACH,
A ?MUNICIPAL COR?ORA`Z'ION, AND CHARLES B. DAVIS,
AN INDEPENDFWr CONTRACTOR, TO PROVIDE REAL PROP-
'TRE
ERTY SERVICES TO CITY
THIS AGREETtENT, made and entered into this "°L day of
,q80, by and between the CITY OF h;?14TINGTON
BEACH,, 2000 fain Street;, Runtingt;on Bea.ci'., California, a muni.-
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eipal corporation, hereinafter referred to as "CITY," and CHARLES
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xf�rys
B. DAVIS, an individual, hereinafter referred to as "CONTRACTOR."
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W I T N E S S E T H:
RECITALS. -
I., CITY has a need for a real property agent {herein-
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i
after scimetime,s called "CONTRACTOR"`; and de sires 'to fi.i.l that
position with = Independent contractor, to be hired on contract,
for a limtted tees as .provided herein.
2. CONTRACTOR will not be a member of CITY'S personnel
system, "and Gi 'Y has no Pbl igation to retain such CON111F.A.CTIORIS
servi, es `oeyord the term of this agreement .
3„ OTTY has reviewed the requirements for the pos?.tion of
Real property Agelit and has found CONTRACTOF to be qualified and
is willing to contract with CONTRACTOR, and COUT'.RACWR is willing
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contract with CITY for that poution under she terms and con-
ditions set out ber,�i.n:,
NOW, THEREFORE, the parties covanant and agree as follows:
I. CONTRACTUAL ALIRMEN
IV
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"ITY hereby contracts with CONTRACTOR outside the CITY'S
p
personnel system as an Indepeodent contractor to fulfill the
duties o. a real property agpnt, and CON`sRkCTOR hereby accepts
and agrees to such contractual. agreernent,
..
CONTRACTOR shall perform for CITY as described and set
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fortb ,in Exhibit " _" attached hereto and incorporated herein
�
by referenha,
.' .
2, Rft
V, ,
The term of contract and of this agreement shall be for
�
one (1) year and shall commenee October 1, 1980 and shall
terminate September 30, 1981.
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 (,50) days' written notice to the rather
party.
11. CGIVENSATION
CITY shall pay CONTRAGC OR, and aIONTRAC` A agrees to accept
from CITY as full payment fur CON' RACTOR'S services bersunder,
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compensation in the amount of twenty and no/100ths dollars
( 2€S.00) per hour y to be pall by CITY in bi—,weexl.y installments
for hog;.: ,i�. tuall.y worked,* Portheloerm of tl�is agreement, the
total, eorrmp� satl �-n paid to CONTRACTOR by CITY shall not exceed
thirty—five triousand dollar;, 435,000) .
CONIMACTM shall at all timea faithfully, i.r dustri.ously, and
i,
n.,
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, CONTRACMR agrees not to make any contracts,
aA'.
leases, or other commitments for or on behalf of CITY without
711
the written consent of CITY.
6. ENTIRBrjY
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This written agreement contalnj the sole and t=_ntire agree-
ment between the parties. It supersedes any and all .tether agree-
y; Cams between the.. parties. The par' -"es acknowledge and agree
that neither of them has made any representation with respect
to the zub.lec ; maJI'".te- of this agr- Ment or any rep, °e-,,�ntations
induci.rg the execution and, delivAry hereof except such represen-
�
tetiona as a.r� specifically set forth herein; and each party
I
ao?cnoff edges that he or it has relied can his or its own Judgment
in entering into the agreement. The parties furthei, aalv.iowl,edge
that any statements or vepresentations that may have heretofore
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been. made by eit)ier of them to the '�th,er are void and of no
effect and that neither < f" them Inas relied tberoon in cennecti,on
wi trh bis or its dealings with the other.
No waiver or modification of this agreement or of any
aov enan�, condition, or l.ImItation herein conta.tned shall be
valid unless in writing and dulyexe uted by the party to be
oba.,rged' thecew-lth Purthermore to evidence of any waiver or
3.
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modification sball. be offered or received in evidence in a,iy
proceeding, a.rb°itratioh, or litigation between the parties
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arlsing out of or affecting this agreement, or the rights or
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obligations of any party hereunder, unless such. waive.- or mod: -
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Fixation is in: writing, duly executed as aforesaid. ice pro-
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4 Visions of this paragraph may not ue waivt:d except as herein
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set V�rtb-
.
8, DISC} YMINATIC,2
F'.
CONTRAGT9R agrees that in the performance of tat- tens.; of
this agreement, he .fill not engage .in, nor permit his agents
to engage in, discrimination in employes',ant of persons because
of race, r0 tgious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of
{ sur-h persons, except as provided in 'Labor Cede Section 1420,
Vi.olaGion oz this provision may result in Lbe imposition of
penaZties referred to in Division 2,, Part 7, Chapter l of the
California, Ift4bor Coda:.
9, INDEMYFECA` 14 ,, DEFENSE, HOLD r ,ARMLESS
r:.
CONTrAC bR hereby agreez to defend, Indemnify axed hold
ha,'ml as CTn- , its officers, 2:gents 4rcd employees, from and
agkin•st any and all l:iam"llity,, damages, costs, losses, claim
and expe,gses, however caused, resulting d redly or i.ndireetly
rota or co)joeetod 'with CONTRA:TORI perforray._*e of this agree-,
moat (Including but not limited to such 11.abil ty, cost damage,
losa, olalm or exponse Arising from the death or injury to an
agent Or emyloyo ,, of 0,,R"AOTQR,, Abcoritractor, or of 01TY or
damage to the property of CONTRACTOR, subcontractor, or of
CITY or of an a or em
J agent g p.oyEe of CONTRACTOR, subcontractor,
or of CITY, except where such liabili' y, damage, cost, 'Loss,
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claim or expense is caused solely by the negligent or wrongful
acts of CITY or any of its agente or employees including
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negligent omissions or commissions of CITY, its agents or ems
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pl.oyeea, In connection with the general supervision or direction
of the work to be performed hereunder.
10.WORKERS' COMPENSATION
�.
.
Ci'RIMACTOR sha3l of-fply with all of the provisions of the
Workers' CGmpensation Insara.noe and Safety Acts of the State
of California, thre applicable provisions of Division 4 and 5 of
the California Labor Code and all amendments thereto; and all
sinill.ar state or federal acts or Iawzs appl.icabl.e and shall in-
demnify, d6f"end wid hold harmless CITY from and against all claims,
demands, payments, suits, aovio a, proceedings and tudgment a of
every nature and desa'ri.ption, Including attoirneyt, fees and costs,
presented, brought or recovered against CITY, for, or on account
of any liability under any of said acts which may we incurred
'ay, reason of any work to be perforzed by CONTRACTOR under this
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a.gree��nt,
,
11, INSNRANC
CORTRA.CVOR agrees to furnish to CITY and maintain in force
jufrl the term of thi3 agreement a general, liability insurance
polity In which CIS is, named as an addLtiona.l: insured. The
P01.1d,y still ihaure CITY, its officers and employees;, w1ill.e act-
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8'A0iL1�{ib V �i` tWN{.btw4Yhalb�,;('fiii '":• ..: ,. xM..
'k9�YdVfi 1�7�1 tIi'A... ....1.Y3:uuWUifL'MMY+L.lob .....;
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ing within the scope of their duties, against all claims
arising out of or in confection with performance of this agree-
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anent. The policy shall provide for not less than the following
4, amounts: Combined single limit bod'Lly in ur,. and/cr property .
{ damage of 4300,G00 per occurrence. Such poliay of insurance f
shall specifically* provide that any other insurance carried by
CITY which may be applicable shall be deemed excess and C)N {w
TRACTOR'S insurance primary despite any conflicting provisions
in CONTRACTOR'S policy to the contrary.r.T,
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 GIM CONTRACTOR shad secure
at his expense, and be responsible for any and all payments of
Income tax, social secur+ty, state disability insurance com-
oensation., unemployment compensation and other payroll, deduct
tions for CONTRACTOR and his officers, agents and employees argil
all business Licenses, if any, in connection with the servic-. �?
to be performeO here,tnd.p.r.
IN WI` MSS WgEREOP, the pa,ties hereto havt, executed this
agreement the day, month and year first above written.
a'
CITY OF HUNTINGTON BEACH
r1 ,a
Dy .�
Mayor
ATTEST, ,APPROVED A8 TO FORM.
Gy e,rk Gi y Attorney
6
REVIEWED AD APPROVED,
Cffi RLES B. PIPIS
`ndependent Contractov
Director of Public Works
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OVA
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AGRE-E44ENT BETWEEN THE CITY OF HUNTING )N BEACH,
A MUNICIPAL CORPORATION, AND CHAR ,ES B. DAVIS,
�
AN INDEPENDENT CONTRACTOR,, TO PROVIDE REAL PROP--
�
'
ERTY SERVICES TO THE CITY
THIS AGREEMENT, mAde and entered into this day of
t > 1979, by and betwt; en th� CITY OF I`TNTINGTON
BEACH, 2000 Main Street, Huntington Beach, California, a muni—
b"
zipal corporation, hereinafter referred to as "CITY," and CHARLES
B. DAVIS, an individual, berf in fter referred to as "CONTRACTOR."
t W I N E .3 S E T H:
REGI'T°ALS 2
1. The CITY has a need for a real property agent (herei.n--
after sometimee called "CONTRACTOR") and desires to fill that
position with an independent contractor, to be hived on contract,
for a Limited term as provided herein.
2. CONTRACTOR will not be a member of CITY' S pe r8onnel
systent,p and CITY has no obligation to retain such CONTRACTORSk
sarvi,.oeo beyond the tern, of tthis agreement4
3. CITY has reviav,0 the requirements for the position of
Real. 1?rope rty Agent and has found CONTRACTOR to be qualified and
is willing to oontrabt with CONTRACTOR, and CONTRACTOR is willing
to, zontraet with CITY for that position under the terms and core--
d1tions set out Zhor+ lja.
NOW, THEREFORE, the parties covenan and agree as f oll'ova
1 r; CONTU!q.TUAL AG- EEMEN'1?,
/4/1
5
d
I
CITY hereby contracts with CONTRACTOR !outside the CIsTY'S
i personnel system as an -,dependent contractor r-o fulfill the
duties of a rqa! property agent and CONTRACTOR hereby accepts
and agrees to such contrar;tual agreement.
CONTRA CTOR shall perform for CITY ae desevibed and set
1
forth in Exhibit "A." attached hereto and incorporated herein
t;'r.'
by reference.
2. TERM
The terra of contract and of this agreement shawl be for
one (1) year and stall commence October 1, 3979, and
terminate September 30, 1980.
3. OPTT,ON TO TERMINATE
Bit.he.r 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) ,dq,y8' written notice to the other
party.
4. COMPENSATION
CITY shall pay CONTRACTOR, and CONTRACTOR agrees to accept
from CITY as full payment for CONTRACTOW S services hereunder,
m'
compensation in the amount of fifteen and: no/100tha collar a
($15.00) per hour, to be pp,Ai.d. by CITY in bi--weexly installments
for hours actually worked, For the term of this of;re .ment ,r the
total eompa"a;. on paid to CONTRACTOR by C.STY shall not exceed
twenty--Bix 'Ghousi -,ind too.' 'ars ($26,0 0).
5� WRFC?��At7G�
00ti"11RACTOtt shall at all t me -- raithfvIly, industriously, and
to the best of Lis ability, experience and talent, perform all
h"
r
duties that may be required of and from him pursuant to the
express and implicit terms hereof, to 16n.e reasonable satisfac-
Lion of CITY.
Additionally, CONTRACTOR agrees not to make any c�)z. 4s,
leases, or other commitments for or on behalf of CITY without
the written consent of CITY,
�r'n
s
6. ENTIRETY
.'
This written agreement contains the sole and entire agree-
r
spent between the parties.. It supersedes any and all other agree-'
y
ments 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 representations
inducing the execution and de" ivery hereof except such repreLen-
tat ions 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 patties further acknowledge
R
that any statements or representations that may have heretofore
been made by either of these 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.
'i
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. Rurthermor<, no evidence of any waiver or
3.
h
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 or
L ,
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
r�
set forth.
ex'
B. DISCRIMINATION
CONTRACTOR agrees that in the performa .ce of the terms of
,T
this agree',�ent, he will not engage in, nor permithis 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, D 1?ENSE HOLD HARl�fLE .,S
CONTRACTOR hereby agrees to defend, indemnify and hold
harmless *01TY, its officers, agents and employees, from and
against any and all liability, damages,, costs, losses, claims
and expenses, however caused, vest. t1ng directly or indirectly
{
from or connected wkt-h CONTRACTOR'S performance of this agree-
m;em. (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
11.
t
damage to the property of CONTRACTOR, subcontractor, or of
CITY of of any agent or employee of CONTRACTOR, subcontractor,
'
t:
or of CITY, except wher4 such liability, damages, c,)st.s, 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 CMits agents or em-
ployees-, in connection wits th? general supervision or direction
of the work to be performed hereunder.
10. WORKERS, COMPENSATION
CONTRACTOR shall comply withh all of the provisions of
the Workers' Compensation T,surance and Safety Acts of the State
of California, the :applir;able 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 harraless CITY from and against all claims,
demands, paymexxts suits, actions, proceedings and J,idgments 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 furn1zh to CITY and maintain in force
dari,� , the ,tem of this ag�TMeement a geezer=al, liability insuraacre
policy, in which CITY Is ,named as an :addi:tional. insured. The
policy shall insure CITY, its officers and employees, while act-
5.
M
Q?
w
ing within the scope of their duties, against all claims
arising out of or in e6nnection with performance of this agree-
ment. The policy shall provide for not less than the following
amounts; Combined single limit bodily injury anti/or property
damage of $300,300 per occurrence. Such policy of it surance
shall specifically provide that any other insurance carried by
CITIY which may be applicable shall be deemed excess and CON-- rr ,
TRACTOR'S insurance primary despite any conflicting provisions
in CINTRACTORIS policy to the contrary.
x !NDEPENDEPr CONTRACTOR
_�.z is further understood and agreed that CONTRACTOR is,
and shall be, acting at all times as an independent contractor
herein and not as an emp-'Ioyee of CITY. CONTRACTOR shall secure
at his expense, and be responsible for any and all payment of
income tax, social security, stag: disability insurance com-
pensation,. unemployment compensation and other payroll deduc-
tions for CONTRACTOR and his officers, agents and _ mployees and
all business licenses, if ,any, in connection With, the services
to be perfom. ed hereunder. ;
IN WITNESS WHBREOR the parties hereto have executed this
agreement the day, month and year first above written.
Clx'Y OF 14UNTINGTON .REACH
a
ITEST, APPROVED AS TO FORM
`sty l.er 1 04'tgy Attorney
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SUPPLEMENTAL AGREEMENT NO. 1 TO
THAT CERTAIN AGREEMENT DATED,
SEPTEMBER 18, 1978, BY AND BETKEEN
THE CITY OF HUNT.INGTON BEACH, A
MUNICIPAL CORPORATION, "CITY," AND
CHARLES B. DAVIS, "CONTRACTOR"
WT I T N E S S E T H
WHEREAS, CITE' and CONTRACTOR have heretofore entered
into an agreement whereby CONTRACTOR provides certain services
to CITY, and
WHEREAS, the parties mutia3ly desire to supplement such
agreement in that additional services may be provided and ad-
ditional compensation be paid therefor.
NMI, THEREFORE, the Agreement is amended as follows:
i
1. Paragraph 4, "COMPENSATION," is amended by adding the
following sentence thereto:
"in additior theretor CONTRACTOR shall be compensated
at the rate of Fifteen Dollars ($15) per hour to a
maximum of Five Vhousand Eight Hundred Fifty Dollars
($5,350) for ser--ices to be performed pursuant to
Exhibit "B" hereof.
?;* A new Exhibit "H" is added, a copy of which is
attached hereto and incorporated by reference herein as though
fully, set forth herein.
3. All other terms and ;;onditions of the Agreement shall
remain in full -force ;and effect except as modified herein.
Made and executed x-y anO betwt-er. the parties hereto on
»bo
r
3
ffi
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,
"CONTRACTOR"
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
�>
CONTRACTO% 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 limiter:
to negotiations for park land acquisitions, preparation of forms,
documents, contracts, bills of sale, purchase agreements; con-
sultation with city staff, potential sellers of property and
their attorneys and agents; miscellaneous property acquisition
services,.
AUTHORIZATION TO SUPPLY SER4110ES
Y
Authorization for contracts to perform services shall be
at the special request and direction of the Director of Harbors,
Beaches, Recreation and Parks or hilt A—i-nee.
0
Retu,ft unput and Ih-tu topics Of
compivt*d twilfic-6tv 10
cz,01
P ' O.
Huntington Boam C441faill"A 92648
CLOTIFICATE 01"INSURANCE
YO
CITY OF H-INTINGTON BEACH ;-'ALIFonNIA
A MUNIMAL CORPORATION
This s 'ua r-ok-tify that the Policies of insurance as descriW belnw hwie been issued to tha insurvd by the under.
,4fined and are in force at this timq. It these Policies are -,;ancelled or chantied are such a manner that will affect this certificate, IN-
Insuronce company x9rees to givo 30 days -prios written nou". by mall, to City of Hunlingtot- Beach, P. D. Box 190, Huntington
Sea�h, California 92648.
Name 0 Insured :ij DVVJ� —I
Address of insLyed
ocation of Insured opeoltioris L i r1i
Description of OWations
POLIC51ES 4� fORGit POLICY
NUMBER
QATV
WITS OF LIABILITY
EVk6Tm
EXPIRATION
Av Workers CompensattVfi
Statutory
Employers' Ciawlity
B. Public Usbility*
co bined Single
Bodily Injury,
linift per ;�' urraqm.
Manufacturees and
ContrgActors 0
Uch ft"'on
comprehtnijV6
9
Facill A=Werd
(Includingproducts wrnpiated
opailitions)
Property Damag
Each Ac6dent
C. AutomobUatiability.,
D'Nd"v Injmy.
-*Cachpenon
Zach Accident
praptlirty Dwnwo
Each Accident
rgx
Does pof5cy toyer.
(.4 Yet No'01 ownei aottrow�wjn
W3 -10
Hired automwitas (41e4 Yes W4 No
DAdditional Imurqd
LIS-S
Ths In=of "r"s thml the City of Hilatingitftn #4QU-4 "%y Council, 3001W all city nitteq;'
ontiviinions, board,. " any othw Oty C�ok-Wt apwi,)7nt#d l:iedy, nndj*r*Imiva and appointive r;mT1�1'ZZ-ants, of
*m&ye*; aft the .City of Huritington Beach, whom attling of PJ6 are AdditioriA assureds swoon4ar.
Hold Mayrnloo Agreement. By I
-WAired-,
Imwed giV*W t& pot*m, dOA;md. inds;�t�lfy watt sawto hzerniso the C3ty of H:wvinqton Beath againsttom,44=90 or
axpeotif by toomn of av?y ttfits, vlairw,6aroands, jodpmnli and causes of anion oumd by Insured, his emp4oyaet. Agenti;
or any suh4amram" drhlr4 out of or in mmoquerfog of the performwce of jdj or any "retiocis mitored by the certificate
oil fou"PrW44, and web It'Wrifnes "I b* primary to any Insum"m of tho e.".
F, MWitutm LWts RfsqWvvde APPROVED AS To FoRrOt
C;q,mbjj4d Sj#* Urnit Bocrily fr4uW wWtor fimporty Dams" Includiop Rroduz# Uabilitryt DON P. SONFA
a4mbinad sirfStv UWt pit` oocurrmw. Cl ttormy
'y � puty aty Atwi"y
X-4-0
rl
�!y.�� frj� {{�� rf)(�p��+ ALLSTATE �,NSURANC COMPANY
DECLARATION SEP 27V '1979
Mt,tgE 8031NESSOWNERS POLICY �Uy 0 Sit 009008 600
t. Named itisatif C'U'Ato$ 0AV I S VISTA PACIFIC REAL ESUT
MailingAddeaSs 1401 DD.Va ST 139-iEWP09T Chi 9Z660
. f+olitT Period Prt r SEP` �?r ;i574 tr. Scp 27* 1980
DEGINNING ANO 15HOING 12 01 A.M., STANDARO TIME AT THE ADDRESS UF" ME
. ai ID#NS EDMZYA D ABOVE
is AN 1NOMDUAL
4, A44RionatJnte..rests
?his ticittcy aiso c{:yefi5 the iogerests ct any of the follow.ng *"'en r•ty.eated Ly an "X' bel and named rrctvn.
The Mortgagee— w tip respect to The Loss Payee, wttht respect to Hus=ness
the ads ld mg mShred 'nereurider Pevseirai Propedu insured beriurder
-' --e Aajk. tto<a, insxvdP w!h resvecc tc,, Coverage 13, Part rke, (`enerai L,aGfhiy tttsLiran"P.
fham�� CTY OF HU1 TING0 RCN
AjdrtaT PO Box 91. 4UNfINOTO BEACH CA 9264S
The msttrairp afforded wn-Jer th-s po 'e akji'irpto Pa it 0 ttre C*.ePag"i a ;d Fern F:v:Ow VY0010 a Lit r'e5+ KA, Yr4
t±averlg'z' A, ?T'SELrafwe �s affor"Jo tvl'f wlttrojjvCt to Nnnpertr. at ti.E 3e5,.':.a;E*w r,f „".v# ' irk? M-1 i ,;.%,Pec ic„_, q,r1tof fta:..
COV 3 E A -.-.'Business trgq "'t i mss Of tmaovie
Part De-terltted Premises for t3anrdinz 011e at Location One
� Limits of Liability
'tit'. Prope ty irtS..rat%`.i
two � Fwww L601 DOVE S7` t39
1 aE ""is4 ius taaltility ud Premises Medical ,..agmctvts
i'tlri Title
Limns of Uibittt, ,
..
two Employfe 'S
4 # 000100
EACH
o
z - !
t x
i§..LOWIt i tibia
O�itis,l�/.'�4
VIT0 yp0! ih iJnd£ r tilts p 11
:ktrati'1rt title
7. ' MhOW lfti{tl v l fo tls 1'=1711rxw itt,d oil ! wnay cov"Itago sh'�Wn heron $ � -0
su Cs+'t to tho Prrna'nlz m carlditma.
Thv 1*134wqTg f.tr;ris and t ' t;rwern nip, 4f all ary apptombio 10 the L'rni"*'%0 'J"forded vnder Ms policy
(i$i'i 4«..0 ....a wJ{iR.;. Yu,. M'.. aw✓w 1w ry ]L.u, r.>it..vu .Y.uWhiahtiAst e4 nws�i Wa � ... 4.
Retmm origimat w.%j d[taW cower of
completed cnruficata to:
city of HunlA xan/Bt04 /
P. q. Box lqo�#
Huntington Boren, ca;'4*rnta 92648
CERTWICATE OF INSUkANCE
TO
CITY OF HLINT(NGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATWQ
Tl-,,s 4 to certil-F that the probe#es of insurance as described below have bu,+n issuxtl to lira insured by the under,
signed aced are in force at this time. If these policies are cancelled a- changed in such a fnar wr that w'sf affect this certifioate, the
insurance --.iirpany agreeas to give 39 day% prior written rnoticQ, by mail,. to City of "witingtnn Iteal:4' ,'t. 0. Sax '190, fiuiwlis)9%0s1
Beach, California 92648,
A ,
Name of Insured ���1��1.t� �, 13 I kJil ia%je�1 4L 12C,9,t. 1+M"C
Address of Insured _1601 v 'j t. lz
Location of Insured oparatiotts �. � }� �a� � �Gs►.�i«3w�r p� q �fitCi�� �[ t�
Description of operations itt fstl . ' 2 ,rC i - I i matte c c
Po tcteslN FORCE T
� Pot-tNUMBER
LIMITS t tABSttf`f
EFFECTIVE
tTXPlltttTtqN
A. Workers -Compensation
�
Ietatutor,�
Employers' Liability
^
S
_
a.. Nblic Liability.
rlt
cornbined single
Bodily#ajurys
limit per .occurrence.
3rtaAufaCtxlrers and
Conti. czars 0
$ Each Person
compretternsive
C-enetal
a _'Each _Bach Accident
(lncludinyprodum completed
Operations)
t
Property Parnage
S " Each Arcident
C. Automot,ile Liability:
&dily Injury
$ Each Pttson
Accident
Property Damage
�
�� � Eatsh Accident
Does policy cover:
All awry automobifea
Itlart uurrt_d autorriabites 2 r Wf t,t 71I1l "f Yes i No
Hired st Otriab"tlas Yes 'V4 No
O7 Additional Inswed.Eodorsetowt l
The insurer agrees that the City of Huntingtoo Beach (:ity Cw)ncil, end/car all City Cote* frointcri groups, rommittees,
commissions, boards and ant) other City council of., ated body, rindfor elective art tspoirwtive officers, wvants or
employeos of the City of Huritinyton Beach, when ;acting'a4 such are additional essureds hetetr sdet
Hoit4 i ts%: miens Rgrelslertt. By 3nsor s' ...,� ..'_ _stir~ +a- , •-• ,
'rite itstvrras+' sityrees to protect, defend, i»dernrr"y and rare haxixslcss the City of Hantirso"an Reach against lass,: damage or
'expense. by rvtson of any waits, t1of rm, demaodsx(trdgammena and causes of ocction aam.so by insured, his emglayeas# agents
orany slibwntractor arisiriq out of .+sr in consequent oaf the r forrnanoo of all or any -operations 0.vored by the wtiticate
o
€ irzuta. c and nsttrartce -hail tea primary to any insurance of the city.
Minimum L;mits Rtquirrtd. N � APPaRCPM AS TO FORM
0wribirtAd $angfn Limit Bodily Injury andfor Property Damage including Products Liability: DON P 804"IFA
Offs41404 single limit per occurrt n". City ttrerpil
v, fietnmr�,:
ilfsuty -City Attorney
Ostia,
!@dr3tt li# Gar l} P#t 1;r R_`cPRI::SEhTA*nVE no Cfi
{
't.rw
pnzrrrrs of fiutharizod itartrea , a}ti�)Age»r
By
LES Me
A,ddoo, � Adtire+ts
" T i;';i " t , "i �t4Stl ti arllt( 4tI
ar +• Totaph4slu �« �� ,w x ._" � �A"ty
,.. ss+*r., st'# y�-�i�',ro'xkptL�p � : �i+i� •.;rrl .. a,�;ja
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH,
A MUNIGIP-nL CORPORATION, AIND CHARLES B. DAVIS, �
AN INDEPENDENT CONTRACTOR, TO PROVIDE REAL PROP-
ERTY SERVICES TO THE CITY
�x
THIS AGREEMENT, trade and entered into this _;�_ day of
1978, by and between the CITY OF HUNTINGTOIT BEACH,
2000 gain Street, Huntington Beach, California, a municipal
corporation, ;hereinafter referred to as "CITY", and CK RLES B.
Suite 139
DAVIS, or 1601 Dave Street Newuart Beach (,A 9.2660 ,
an Individual, bereinafter referred to as "CONTRACTOR".
WITNESSETHt .
RECITALS
1. The CITY has a need for a real property agent (herein-
after sometimes called ►'CONTRACTORII) and desires to fill that
position with an Independent contractor, to be hired on contract,
for a limited term as providers herein.
2. Said CONTRACTOR will. neat be a member of CITY'S per-
sonnel, system, and CITY has no obl;igatlon to retain such CON-
TRACTOR'S services beyond the termm, of this agreement,
3. The CITY has reviewed th requirements for the posi:tloo
of Real Bropen ty Agent and has found CONTRACTOR to be qualified
and Is willing to coiitraot with CONTRACTOR, and CONTRACTOR is
wil.line, to contract with CITY for that dos t ors under. the terns
and conditions set out herein,
NOW, TREK VORE, the parties covenant anti. as follows;
1. CONMALTUAL AGREEMENT
CITY bf--reby odiltracts with CONTRACTOR outside the,
CM17S Personnel systea as tw Independent contractor to fulfill
1.
the duties of a real propex :y agent and Ct7NTRACTOR. hereby accepts
l
and agrees to such contractual agreement.
00,11 RACTOR shall perform for WITY as described and
set north in Exhibit "A", attached here,,.`_,, and incorporated
herein by reference.
F 2. TER?
The term of contract, and of this agreement, shall be
for one (1) Year and shall. commence 1, 1978, and shah
terminate September 30, 1979..
Either party has the ri,gbt to terminate this agreement
at any time after the effective date ox the term of t!:e agreement
upon providing thirty (30 ) days' written itoti.. e to the other
,party.
4. Comp: lu—L I it
CITY shall pay CONTRACTOR, and CONTRA�.'I�iR agrees to
accept from CITY as full payment for CONTRACTOR'S services here-
under, eo.Vensation In the amount of thirteen and .ighty%`100ths
dollars ( i3,$ per hour, to be paid by �iTy in bi-weekly Install-
mants for hours actually worked. For the tern of this agreement,
the total compensation paid to CON1,VRACTUR by CITY shall not
exceed tv,' rtty-two thousand eighty-six dollars ($ 2,0$ )
PERFORMANCE
CONTRACTOR ahall at all times faithfully, industriously,
d to the bast or his ability, experience and talent, perform
all duties that may be required or and .From him pursu.ar t to the
11
express and implicit terms hereof, to the reasonable ,satisfac-
tion of CST"
Additionally, CONTRACTOR agrees not to make any con-
� .,..
tracts, leases, or father corimitments for or on behalf of CITY
�
without the written eonseny of CITY
6. ENTIRETY
Lk
This writti-n agreement contains the sole and entire
;g
agreement between the parties. It supersedes any and all ether
agreements between the parties. The parties a.oknow edge and
" x
agree that neither of them has wade any representation with
respect to the subject matter of this agreement r ny repre-
sentations Inducing the ex,-eut'i,on and .delivery hereof except
,k
such representations as are specifically .set forth herein, and
each party- acknowledges that he Or it has relied on his or its
z:
own judgment in entering into the agreement. The parties fur-
ther acknowledge that any statements or representations that
may have heretofore beer, ;jade by either of them to the other
are void and of no effect and that neither of them has relied
thereon i.n oonnectlon with. has or its uealin&;s °with the other,
WAIVER
Ila waiver or modification of this agreement or of any
oovenant, condition, or limitation herein contained shall be
valid unless in irriting and duly, executed by the party to be
share; d therewith. Furthermore, no evidence of any waiver or
moditi,ca.tIon shall be offered or reca ved in evidence, in any
rooeedi.ng, arbitration, or litigation between the parties
arising out of or affecting this agreement, or the rights +',,r
obligations of any party hereunder, unless such vo-Jver or modi-
fication is in writing, duly executed as aforesaid. The pro-
visl.ons of this paragraph may not be waived except as herein
set forth.
_
{{33 ��v D�^ri Fix/{ 7�y t
8., DISCRIMINA�`IV.�Y
h
CONTRACTOR agrees that in the performance of the terms
Y.
of this agreement, he will not engage in, nor permit his agents
to engage in, diserimi.nation in employment of persons beccase
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 1,420.
Violation of this provision may result In the imposition of
k
penaltles referred to :in Division 2, Part 7, Chapter I of the
California Labor Code
IN EMNIFICATICX, DEFENSE, HOLD HArRmuss
CONTRACTOR hereby agrees to detpr.d, indemnify and hold
harmless CITX, its officers, agents and employees, from and against
any and all liability, dwiages, casts, Losses, claims and expenses,
however oaus•eda resulting directly or Indirectly .from or con
oeoted with CONTRACTOR'S perfornance of this agreement {incl"td-
Ing but not limited to such l.iahility, Cost, damage, loss, claim
or expense arising, from the 4eath or i.njarryr to an agent or em-
ployee o.f CONTRACTOR, subcontractor, or of CITY or damage to
the property of CONTRACTOR., sub=itractor, or of CITY or of any
agent or employee of CONTRACTOR, subcontractor, or of CITY) �
except where such liability, damag:,s, costs, losses, claims or
expenses are caused solely by the r e6ligent 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
f
,4
CONTRACTOR shah, 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 'hereto; 2,nd all
similar State or Federal acts or laws applicable; and shall, in--
demnIfy, defend and hold harmless CITY from and against all claims,
t
demands, payments, suits, actions proceedings and Judgments of
every ,nature and, description, Including attorney's fees and costs,
presented, brought or recovered a,gai nzt 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 irk-
'
surance* policy In which CITY is named as an additional insured.
The pout, shall Insure CITY, its officers and employa, _, while
acting within the scope of their dutlea against all claims
arising out of or, in connection with performance of this agreement,
I
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 speed--
�
tical.l.y provide that any other insurance o_rr3ed by CITY which
�r
may be applicable shall be deemed excess and. CONTRACTOR'S insur_,
ante primary despite any conflicting provisions in CONTRACTOR'S
policy to the contrary.
µ
12, INDEPENDENT CONTRACTOR
e'
It is further understood and agreed that *0NTRACTW is,
and shall be acting at all times as in independent contractor
herein and not as an employee of CITY. CONTRACTOR shall secure
at hits expense, and: be responsible for any and all payment of
income tax, social, secs xrity,, state disability Insurance compema-
t1c.n unemployment compensation and ether payroll deductions r`h,,
CONTRACTOR and his oMi cers, agents and employees and all business
licenses, if any, In connection with the services to be performL d
IN WIZUESS WEREOF, the parties hereto have executed
this agreement the day, month and year first above written.
CITY OF HUNTINO` 014 REACH
Mayor
TTES'S�'wa
City clerk,
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 & RESPCNEIBILITIES
Performs or coordinates the appraisals and negotiations for
the acquisition, rental and sale of land, improvements,
rights-ref-�iay and easements for municipal purposes.
Confers with City departments seeking leased f'acili.bies;
locates,. inspects and repszts on the suitability and -avail.-
ability of land sites and improvements in the area of desired
location.
Prepares lease terms# reviews alyd secures execution of formal
leane documents.
#egottatea on oehal:f of the City for rental or leasing of
City --owned property including but not limited to commercial
shares, residences or ground Leases.
Confers and correspondwith representatives of the City
Attorney's office, title companies and other agencies to
resolve questions of legality, procedures and value rebated
to the acquisition of propcvty.
V�egotiates for reel estate appraisal. services; ,reviews and
recommends regarding the ac^eptability of appraisals; ob-
tains estimates of the cost of removing struc.tur�,. s from
ri,gbts-of-way; prepares deeds and escrow instructions ex-
plains relo.ation benefits to eligible persons and processes
claims .for aveloeati,on payment.
Supervises or personally performs the preparation, assembly
and processing of maps, drawings and documents necessary
.for completing property acquisition projects,.
taainta.ins file of annexations including maps and copies of
Legal descriptions of all: annexations«
Determines proper rental; rats and lease terms; prepares
leases and rental. agresmFmts.
Arranges for repair and maintenance of rented property to
4` the extent of city e.�bllgations,
Performs Other related duties:
Uhlbit "A�.r
rf;;<
tfe-.
4
F
EXTENSION OF CONTRACT �.
Tt,e contract, dated February 8, 19$8, by and between the
CITY OF HUNTINGTON BEACH and CHARLES DAVIS Real Property Agent
in all. Its terms and conditions, is extended until and including; �r 4,g'�-
t
September 30, 1978. a,}
"-. ted this`` day of 2978 at �
Huntington Beach, California. 7J
HARLES DAVIS, Agent
y
CITY OF HUNTINGTON BEACH
i3y4
Mayor Pro Tempore
ATTEST'- APPROVED AS TO FORMS
ty ler City Attorney
VIE D AND APPROVED: INITIATED AND APPROVED
Dit Administrator works
17 July 197
�t
a To: Honorable Mayor and. City Council
FROM:- amity Attorney
r„
v .
y
SUBJ1 : Contracts for Police Legal ldvirer and Real
" v'
Property Agent - Agenda stem Ii, July 17, 1978
y
RECOf=D'E4DAfiOil
Extend existing contracts an additional sixty days.
DISCUSSION
Proposed contracto have been Styomitted to the Council to &mp.'iti;'
the Police Le_al Adviser for an additional two-year term and to
employ the Real Property Air `at for one additional year.
Because we are concerned a;. <t the i ; pact of these contracts on
the city's *hare of the sta;.fj 3urpluz fu,.ds, tie recommend ex-
tending existing agreement for :Lxt1y days. 5oth new contracts
pyrlyayvYidye{ for salaries in excess of the sa.ia.riez in the existing
Senate B1,11 2212, which ff,, just received, provides that no state
funds shall he available to any local ai;ency that provides an
increase in wages or :salaries for itz employees, elected offi-
cials or appoi,ni.�d noncivT l zervice offieer3 In exoesz of that
provided state emp'oyees. (The agency can provide .for compensa«
t1on other than wa€vi,'x or sala.rxe..:,, such as health benefits, re_.
t1rv-ment benefits, rife In urance, vacation time, and sick leave.)
The additional time is needed to determine w1hethe:r these ontraces
would violate the bill and explore alternative, . It is our pre-
liminary opinion that the increases In the nov, contracts ar+. im-
proper gander �. B. 2212, We are in the process of trying to
obtain an on:x,t' ion from the Attorney General
Rezpeotfally submitted,
lty Att"!)ey
C�H ; Rig : ahb
< v.
EXTENSION OF CONTRACT
This contract in all its terms and conditions is extended until and
h
includ,,.:ng July 31, 1978.
Dated this to day of 1978 at Huntington Beach ,
California. ,
CITY' NTINGTON BEACH,MK,
Mayor
ATTEST: jlza.'
Alicia ?A- Uworth
K Ca ty Cie
Deputy
IkND APPROVED AS TO CONTENT'S APPROVED AS TO FORMS
01
Uffty Administrator City Attorney
Charrirs Davis
THIS AGREEMENT made this dh day of,"
1978, by and between the CITY OF HUNTINGTON BEACH., 2000 Main
'
Street, Huntington beach, California, herein referred to as
M
CITY, and CHARLES DAVIS of ,1,6?6 O'Zwe,,. A&,LA qes ar
herein refeme3 to as "EMPLOYEE"
WI T N E S SETH:
WHEREAS, the CITY has a need for a real property agent
and desires to fill that position wit'i an employee to be hired
oil contract for a limited term as provided herein; and who will ',
� Y
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 iz willing to enploy E14PLOYEE 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 employ EMPLOYEE outside the CITY's
personnel system an 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 drtl.es of a real pro�ex�ty
agent for CITY as described in the job description which is ��
"7-
Exhibit "All attached hereto and by reference incorporated herein.
V: as EXPLOYEE shall additionally render such, other and unrelated.
Ez
services and dudes 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 shall 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 Hundred ana
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-veekly
pay by CITY.
5. YENPLOYEE shall at all tunes 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
expre.-s and implicit terms hereof, to the reasonable satisfaction
of CITY.
6. EMPLOYEE agrees not to maize any contracts, leases
or ether commitments for or on be-ctlf of CITY without the written
consent of CITY:
' c written agreement contains the sole and: entire
agreement between the parties. It supersedes any and all other
2.
r J
r' agreements between the parties. The partle. -.nowledge 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 t.
heretofore been made by either of them to the other are void and
of no effect and triat ne4rner of them has reliea thereon in
' connection with his or its dealings with the other.
8. No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be
1
valid unless in writing and duly executed by the party to be
I
charged therewith.. Furthermore, no evidence of any waver or
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 or
obligations of any party hereunder, unless such waiver or
modification is in writing, duly executed as aforesaid. The
provisions of this paragraph may not bF waived except as herein
set forth.
IN WITNESS WHER.EOP, the parties hereto have set their hands
szid seals the day and year first above written.
Cl ii[J?dTSNGTCt
Mayor
�,
Y
a
r
�*,K,
REQUEST F 4,)R CITY COUNCIL ACTION
Submitted by kiallll F .. _ Caol.v( � _ Department Public: Wnr7cs
Date Prepared Aucrust 18 X 19jM Backup Material Attached E] Yes [] No
Subject Renewal of Real Property Agent Agreement
City Administrator's. Comments
4 L
Approve as Recommended f%1
Z/P
Statement of issue, Recommendation, Analysis, Funding 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, 1980. The need for Air. 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.
Analysxs
During the past year Mr. Davis has provided expertise to the City in the
acquisition of real estate, rights of way, easemente, Leases, etc. With '
�. land and construction casts escalat=.ng at an ever increasing rate, his
` service's 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;
however, this represents an increase over the $15.00 per hour that Mr. Davis
is currently being pain. other consulting firms .have been contacted and
are available 'to do this work with fee schedules ranging between $45--$1.00
per hour.
undi.n Source:
General. Fund.`" certain charges will be made against Gas Tax, Park Acquit -
tic.,i and Development and other accounts to transfer to the General Fund
where Real: ,Property Services are rendered on their respective projects.
:Alternative: +
Disponse with the services or secure formal rids from other contractor,".
lfs� a
REQUEST F CITY COUNCIL ACTIO �.
Floyd G. BelsitDepartment Public Works'
Submitted by o Y ..,...._�.,� p �
Date Prepared September 10 , 19 79 Backur Material Attached fo Yes � No ;r
Subject Renewal. of Real Property Agent Agreement
City Administrator's Cr-nments
C;LT'Y U
Approve as recommended
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
1�
Statement of Issue
The Cty`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 attac ed agreement between the City and Charles Davis to 1rrovide
Real Property Services to the City.
Analysis:
fu g the past year Mr. Davis has pro+tided 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
service are essential to the timely completion of these acquisitions and
continued success cif numerous City projects. The contract calls for payment
to Mr; Davis at a rate of $15.00 per hour not to exceed a maximum 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 Park
Acquisition and Development funds to transfer to the General Fund where
Real Property Services area rendered on Gas Tax or Park Acquisition projects.
Alternatives-,
Uspe snsm e -.th the service or require formal bids from other contractors.
FGBsCBDZ Jlr
REQUEST FOR CITY COUNCIL ACTION ,
Submitted by Vincent G. Moorhouse . Department Harbors, Beaches, Recreation
and Pars
Date Prepared _ July 31. , 19 79 Backup Material Attached M Yes ONO
Subject AM ?ADM NT T CONTRACT W11H CHARLES B. DAMS REAL PROPERTY �
City Administrator's Comments
Ty CQLNCI�
,t pprove as recommended.
tTY ee-L
Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions:
STATEMENT OF ISSUB
The City Council, at its meeting of July 16, 1979, approved a proposal
to amend the contract with iMr. Davis to enable him to proceed with ac-
quisition of numerous park properties.
RE-COM ENDA IO
.Approve the attached contract anendmdnt a�xd authorise its execution by
the Mayor and City Clerk,
AisiA LYS l 5
Under the existing contract with Mr, Davis, the City has allocated an
amount not to exceed $22,086 for a one year period e»ding September 30,
1979. This amount enables him to work approximately thirty hours per
week which is being spent primarily on Public Works projects. It isim-
perative tha we noE�r pursue acquisition of remaining parkland due to the
extreme escalation of land values within the City. Mr. Davis has i.nd -
catod he could handle this additioaal workload or bri.rg in an associate
if the funds were available. Public Works has budgeted funds for the
1979/90 Pisca.l Year to continue Davis' services and we will be renego,-
tiating his ;.contract for an additional one year term upon expiration of
the 4existirg contract.
FulVD NG SOURCE
Teo City Att:omey has advised that the Park. Acquisition and Development
Funds can be used to pay for Mr, Davis' salary'.
tTrEaNATiVE ACC
zoo out to bi.-4 In search of another contract real property agent,
01scOnti.nue further acquisition of parklands.
Submitted by Vincent 0. Moorhouse Department Harbors,x Beaches, Recreation & larks
Date Prepared June 22 ,1912 Backup Material Attached R Yes [] No
Subject Amendment `to t,91 Property A,gpnt I}avi�1A1Zj2eP tzy1f±,
City Administrator's Comments
'IL �1r�Ci
Approve as recomi4ended
azxr CLPIX
Statement of Issue, Recommendation, Anatysiis, Funding Source, Alternative Actions;
STATEMENT OF ISSUE
Due to spiraling land costs, it is in the tlity l s 'best interest o acquire the
remaining properties within unti.n�ton Central Park as expeditiotisl.y as
possible. Charl.ea B. Davis is ourrentl,y under contract with the City to pro
vide real property services and his time as allocated under his existing ton -
tract is being totally utilized by the Public Works Department.
RECOVMENDAcIJN
Approve proposal to amend; Mr. Davis' contract ror its remaining three months
to include an additional amount not to exceed $5,850, billed at the rate of
15.00 per hour, enabling him: to proteed with necessary park property acquis-
itions, and allow for renegotiation when existing ccntract with Public Works
expires
ANALY Ii
Under tie existing oontraet with Virg Davis, the City has allocated to amount:
not tea exceed $22,086 .for a one year period ending September 30, 197:'. This
amount enables him to work approximately thirty hours per week which is being
spent primarily on Public 'Works projects. It is imperative that vie now par -
sue acquisition of,remaining parkland due to the extreme escalation of Land
values within the 'city. Mr. Davis has indicated he could handle this
additional workload or bring in art associate if' 'the funds were available.
Public 4W-ks has budgeted funds for the 79/80 fiscal year to continue Davis,
serve oes and we will. ere renegotiating his contract for an additional_ one year
term upon eXpiration of the existing Pontract
The Oity Attorney 'teas advised that the Park Acquisition and Development Fund
ern be used to pay for ice_ ravIVO salary.
ALA Z ACTIONS ION - Go out to bid In ,Search of another contract real ;property
agent
€Ii%coritinuefurther acquisition of parklands
REQUEST FOR CITY COUNCIL ACTION R.C;A. #78-
k .
r.
Submitted by 1 , S. Hartge Department Public Works
Date Prep Lei Sept- 12 _ , 1978 Back-up Material Attached Yes No
Subject eement for Real Property Agent
ti
G
City Administrator's Comments
.�
T
art t
�k
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Tssuez
since February, 1977, Charles 8, i .r:s has acted under contract as the City':s
lkeal. Property Argent. zir. 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 Action:
Approve the at.tachad agreement between the City and Charles Mavis to provide
real property service to the City.
Analysis:
! There is a, need for a Heal Property Agent within the City organization to
provide processional acquisition, sales and management services. The ex-
pressed policy of the City Council upon hiring Mr. Davis was to have such
I. services provided on a contract basis.,
11'he previous contract placed tit°. 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 right be construed to be
an attempt to circumvent: the personnel. system.. The attached agreement
I' cl oorl.y defines fir. "Davis' relationship to the City as that of an independ-
ent contractor.
under terms of the Professional Sc-rvieos Ordinance, bids are to tie received
from at last J: ree czoxtt;ractors unless the service can only be provided by
a single source. in this iiAst4nce, r. Davis' '17 months' experience as a
contrat-t employee uniquely qualities him to perforce the serVices required by
the twity. Uis intimate Rnowl.edg of on. -doing projects ,and his well estab
l:isbe4 rolat unship both with City empl_ryees and those with whom the City,
floes )aositioss qualify him as the only source capable of meeting the: City's
Aeal Property Service newts
l i agreement pro rides for no vacation, sick heave or paid bolidays and
0,alls. for payment to :"fir. Da 7 ,% Ji l the amount of $13.80 per hour otily for
M- army.
Request for Council Action 478-39
September 12, 1978
Page 2
hours actually worked. The total payments during the term of the agree-
�I
ment may not exceed $22,086, the amount budgeted in the FY 1079 Public
��
Works Budget. Davis will also be required to carry Workers' Compensa-
�
ti,on insurance, purchase liability insurance in the amount of $300,000,qZ
Y and hold the City harmless from damages connected with his performance.
�*
Those items were not required in the previous contract.
�
Funding Source:
General Fund. Cartz in char,_, .; will be made against the Gas Tay; 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:
� S
Dispense with the position, create a permanent positio- of .Beal Property
Agent within, the personnel system, or require bids from rather independent
contractors.
I
!
i
1NTEffl-Dt:PARTMFNT COMMUNICATION
t"ro4crom scarf►
iti' VINCENT %iQORHOUSE,, Director From ASSISTANT CITY ATTOMEi`
Harbors, Beaches, Recreation & Parks
Subject PARK FUNDS: Date June 12, 1979
(a) Purchase of Heavy Equipment
for . Park Improvement
(b) dire of Real Property Agent
.Reference: �a) Your memo of May 29, .1979
fib) Your mem of Hay 31, 1979
As we discussed orally .last week, the leading ease of Associated
fame Builders of the Greater Bast Ba Inc., v. Walnut Creek 1971)
4 C3d 33, 93 Cal.Rptr. 30, discusses the issue and makes the
observation that when the public agency has purchased sufficient
property for park acquisition ,t can then utilize the funds re-
maining .for improvement of the land itself.
Certainly, as to heavy equipment purchase or rental, the answer
would be in the af.firma:tive. As to the hire of a real property
i t i d .1 t1 1- d .t1 , s iti
agent* since th s cos s x=c y re a e a an acquison
itself, it would appear to be the type of associate cost that
could be considered as a part of the purchase price to the cite
and thus be a permissible use of these funds.
CITY OF
TON BEACH
INTER-DEPAR' W�WMMUNICATION
To City Administrator
From Vincent G. Moorhouse, Director.
Harbors,Beaches, Recreation & Parly
Subject- Real Property Agent Contract Date July 12, 1979
Deferred Agenda Item Y-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 concerns. On July 10, 1979, 1 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_rs.Bailey was opposed to further
contracting. I explained that Mr. Pollyeals 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 order to meet this department's time frames
due to rapid escalation in property costs, and for the expenditure
of $5,800, Mr. Davis' firm would spend time exclusively on meeting
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 some concern that
;fir. Davis would hire someone else to do the job. I explained
that we had no objection to that as long as the assigned tasks
were accomplished. The City has a contract with Mr. Davis'
company for services rendered.
An opinion from the City Attorney's Office is attached regal ding
the legality of using Park Acquisition and Development Fund monies
to pay. for Mr. Davis' services. I recommend this itee: be approved.
at Monday night's Council meeting,
..F
It ce xt. o.rhouse
Direct
Harbors, Beaches, Recreation & Parks
�. VGK cs
Attac,bment
T 4 REQUEST FOR CITY COUNCIL ACTION R.C.A. #78;--39
H. E. Hartge Public Works *`
Submitted` by Department
Date Prepared Sept. 12 '1978 Backup Material Attached 5�1 Yes Q No
Subject g Property g
Agreement for Real Pro girt Agent
� �
City Administrator's Comments
Approve as reconuended ,1 `
J'� r
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions;
Statement of Issue:
Since February, 1977, Charles H. 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.
That contract was 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 cowl act 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: tr.rms of the old agreement:m ght be construed to be
an attempt to circumvent the personnel system. The attached agreement:
clearly de:l-l'ines 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
from,aft least three contractors unless the service can only be provided by
a single source. Ir fhi,s instance, Mr. Davis' 17 months' experience as a.
contract employee`un 3uely qualifies him to perform the a-ervIces required by
the City. His intimate: Knowledge of on -going projects and his well estab-
l.inhod relationship both with City employees and those with whom the City
does Wisiness qualify him as tizc• only source 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
eta Attu
Regr=nst for Council Action #78-34
_`ao
September 12, 1978
Page 2
hours actually worked, The total payments during the: term of °he agree-
fv<
meat may not exceed $22,086, the amount budgeted in the FY 1979 Public
t4orks Budget, ter. Davis will also be requireLl to carry workers' Compensa-
tion Insurance, purchase liability insurance in the 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 rr Park Acquisition projects.
Alter na,tik es n
Dispense with the position, create a peraxanent position of Real, Property
Agent within the personnel system, or require bids from other independent
contractors,
T•IFH : DLc . jy
. REQUEoT FOR CITE' COUNCIL ACTION 4vt s
H. R. Hart:ge Public Works
Submitted by Department
Date Prepared June 12, , 1910 Backup Material Attached M Yes No �<
Subject Professional. Services Contract - Real Property Agent
City Administrator's Comments `
J� ef�l
Approve as recommended.
L Statement of Issue, Recommendation, ,analysis, Funding Source, Alternative Actions:
Statement of Issue
The current contract with the City's Real. Property Agent expires on
f° JuDe 30, 1978. The cosh savings to the City resulting from the previous
contract 'with this individual, indicates a need to continue this service
and execute a contract for the new fiscal year.
c
Recommendation
Approve the attached contract with the Real. Property Agent in the amount
of $22,080.00, and authorize its execution by the Mayor and City Clerk.
Analysis
The City originally retained a Real: Property Agent on a contract basis in
March of lastyear.
During the term of the previous contrast, the Real Property Agent has
consolidated the real: property related activities of all departments
itto one office.. He has during his tenure with the City closed nearly
million dollars in real property transaction$ and currently has a
caseload involving approximately 100 parcels of .land. He has generated
substantial cost savings to the City,for example, through his knowledge
of appraiaas technique he recently persuaded the State :Dept.. of Trans-
purr;ati-on (CalTrans) to re -appraise State property needed by the City for
roadway improvements. This resulted in a waiver by CalTrans of the
oAti,re $40t000 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 oast savings added to the improved
communication with the public arcl consolidation of real property activities
indicates a aubs.tantial advantage, to the City.
. P�;
v
m
City Council Action Professional Services Contract
Real Property Agent.
June 12, 1978
P '
Page2
F
.Alternative k
Re -distribute the current 'workload being handled: by the Real Property
t
Agent to the requesting departments which most likely would result in
increased Cost to the City. L:
Funding Source
The contract would be funded from the General :Fund with about 90% of
the amount being recaptured from Gas Tax and user departments
HEH,tCBDsmG
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I'°& Y OF UN'�'i1hIGTO BEACH CA 78-11
COUNCIL- ADMINISTRATOR COMMUNICATION
To Honorable Mayor and From Floyd G_ Belsita
City Council Members City Administrator
Sub'ect REAL PROPERTY AGENT Date January 31, 1978 I
1 AGREEMENT «"
The current one-year contract for professional services between the
City and Real Property Agent Charles Davis terminates on Febraary 22.
The City Council on September 19, 1977, appropriated $7,584 in Anti -
Recessionary funding to provide continuation of Mr. Davis' services `
through ,Tune 30, 1978, r
RECONR\1ENDAT1ON s
Execute the attached agreement between the City and, Charles Davis,
ANALYSIS -
Mr. Davis provides valuable services by consolidating the real
property -related activities of all departments from one: office.. The
Director of Public LVorks requested that the position be made permanent
effective February ;23 in his FY 1978 budget request.; Since Anti -
Recessionary funds, in a sufficient amount were available to continue
the contractual arrangeaent through June 30, 1978, that alternative
was suggested by Adritin stration and approved by the City Council.
FUNDING SOURCE.
The necessary funds have already been appropriated.
lies .ct.ful.ly sub,&Vted, GQ �
19"
City Aiministra.tux
Attachment