Loading...
HomeMy WebLinkAboutPATRICK N. DUGGAN - 1981-12-07 SUPPLEMENTAL AGREEMENT NO. 1 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A P+IUNICIPAL CORPORATION, AND PATRiCK N. DUGGAN, AN INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION ADMINISTRATION SERVICES TO THE CITY i THIS/.SUPPLEMENTAL AGREEMENT, made and entered into this day of » y1982, by and between the CITY OF HUNTINGTON WCACH, 2000 Main Street, Huntington Beach, Californie, a municipal corporation, hereinafter re- ferred to as "CITY", and PATRICK N. DUGGAN, an individual , hereinafter referred to as "CONTRACTOR." W I T N E S S E T H RECITALS: WHEREAS, the CITY has a need for a Rehabilitation Administrator (herain sometimes called "CONTRACTOR") and .,:sires to fill this position with an inde- pendent contractor, and WHEREAS, the CITY'S current contract with Patrick N. Duggan is about to expire, and WHEREAS, the CITY wishes to renew that contract for a specified term and amount NOW, THEREFORE, the parties covenant and agree as follows: 1. To extend the term of the current agreement between the CITY and CON- TRACTOR for an additional one year from the date first above written (as speci- fied in Paragraph 2, TERM, of the original agreement); and z: To increase CONTRACTOR'S compp ,sation 1.as specified in 'Paragraph 4, COMPENSATION, in the original agreement) to Eighteen dollars and fifteen cents ($18.15) per hour to be paid by City in bi-weekly installments for hours actually worked; and *r a 3. Execution of this Supplemental Agreement in no way affects or diminishes the provisions contained in the original agreement o-,d exhibits between the CITY and CONTRACTOR as originally executed on the 7th day of December, 1981, except as provided herein. IN WITNESS WHEREOF, the parties hereto have eracuted this agreement the day, month and year first above written. CITY OF HUNTINGTON BEACH ATTEST: ' 6 ,ty erk Mayor_ APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT 4 5 -2)�-' � ^L'✓ t ' City Attorney Director, Business and Industrial Enterprise APPROVED; �e7 — City A mnstrat r EPENDENT CO, RACTOR Pa ri ck sh. Duggan m ti. AdNk v' AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AND PATRICK ;4. DUGGA,N, AN INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION ADMINISTRATION SERVICES TO THE CITY THIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF HUNTINGTON BEACH, 2000 Main Street, Huntington Beach, California, a municipal corporation, hereinafter referred to as "CITY" , and ^ATRICK N. DUGGAN, an individual , hereinafter referred to as "CONTRACTOR". W "ITNESSETH: RECITALS: 1. CITY has a need for a Rehabilitation Administrator (hereinafter sometimes called "CONTRACTOR") and desires to fill that position with an independent contractor, to he 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 Rehabilitation Administrator and has fcund 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 the duties of a Rehabilitation Adminis trator 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 and shall terminate S. 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. CC ,!PEVATION CITY .11 pay CONTWaIL"'FOR. and CONTRACTOR agrees to accept from CITY as full payment for CONTRACTOR'S services hereunder, compensation in the amount of Sixteen dollars and fifty cents ($16.50) per hour, to be paid by CITY 'in bi-weekly installments for hours actually worked. r"or the term of this agreement, the total compensation paid to CONTRACTOR by CITY shall not exceed Thirty-seven thousand, five hundrea ($37,500) dollars. This rate of compensation shall be reviewed six months after, the commencement date of this document as above written in paragraph 2 "TERM", and at that time CONTRACTOR shall be, at the discretion of CITY, and upon performance satisfac- tory to CITY, eligible for an increas in compensation rate not to exceed five percent (5%) •of the total dollar value of all compensation received; A. 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 w 2. of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction 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 ccntains the sole and entlrt,, agreement between the parties. ','.f supersedes any and all other agreements between the parties. The parties acknowledge and agree that neither of them has made any repre- sentation with respect to the subject matte;, of this agreement or any repre- sentations inducing the execution and delivery hereof except such represen- tations as_are specifically set.forth- herei,i,-and each party acknowledges that he or it has relied on his or its own judgment in enterinr into the agreement. The parties further acknowledge that any statements or representa- tions that may have hereofore been made by either of them to the other are void and or no effect and that neither of them has relied thereoir in connec- tion with his or its dealirgs 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 exe- cuted by the party to be charged therewitr . Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any pro- ceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party here- under, unless such waiver or modi'ficatior: is in writing, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth. 3. 8. DISCRIMINATION CONTRACTOR agrees .that in the performance, of the terms of this agreement, he will not engage in, nor ;permit his agents to engage in, discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, physical handicap, medical condi�(.ion, marital status, or sex of such persons, except as provided in Labor Code Section 1420. Violation of this pro- vision may result in the imposition of penalties 'referred to in Division 2, Part 7 Chapter 1 of the California Labor Code. In addition, CONTRACTOR agrees to abide by the FedP ndated require- ments for Affirmative,Action and Equal Employment Oppor: is presented in Exhibit "a", attached hereto and incorporated herein by ram, nce. 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, dama- ges, costs, loses; claims and expenses, however caused, resulting directly or indirectly from or connected with CONTRACTOR'S performance of this agreement (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 or of any agent of employee of CONTRACTOR, subcontractor., 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 any of its agents or employees including negligent omissions; or commissions of CITY, its agents or employees, in connection 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' Compen- saClon Insurance and Safety Acts of the State of California, the applicable 4. provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or feaeral acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, de- mands, 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 furnish to CITY and maintain in force during the term of this agreement a general liability insurance pol i c, in which CITY is named, as an additional insured. The policy shall insure CITY, its offi- cers and employees, while acting within the scope of their duties, against all claims arising out of cr in connection with performance of this agreement. The policy shall provide for not less than the following amoun�_ .. combi'ned single limit bodily injury and/or property damage of $300,000 per occurrence- Such policy of insurance shall specifically provide that any other insurance carried by CITY which may be applicable shall be deemed excess and CONTRACTOR'S insurance primary despitE any conflicting provisions in CONTRACTOR'S policy to the contrary. 12, INDEPENDENT CONTRACTOR It is further understood and agreedthat CONTRACTOR is, and shall be, act- ing t;t all times as an independent contractor herein and nc t as an employee of CITY. CONTRACTOR shall secure at his expense, and be responsible for any and all payments of income tax, social security, stage disability insurance coi„pensation, unemployment compensation and other payroll deductions for CON- TRACTOR and his officers, agents and employees and all business licenses, if 5. Mn any, in connectic with the services to be performed hereunder. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day, month and year first above writ',-:n. CITY OF HUNTINGTON BEACH Mayor ATTEST: APPROVED AS TO FORM: City Clerk / City Attor;>ey REVIEWED AND APPROVED: INITIATED AND APPROVED: City AdMini!tra or Director, Business &-Industrial Enterprise As Designated by City Administrator -�-� PA RIC4N0UGGAW- Independent Contras 6, EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AND PATRICK N. DUGGAN, AN INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION ADMINISTRATION SERVICES TO THE CITY` (SERVICES IN CONNECTION I41TH THE CITY'S NEIGHBORHOOD PRESER- VATION PROGRAM HEREINAFTER REFERRED TO AS " PROGRAM ") CONTRACTOR agrees to maintain CITY'S normal, business hours (8:00 a.m. to 5:00 p.m. , Monday through Friday) and provide services at a minimum of 40 hours per week. Rehabilitation Administration services shall be, provided at the CITY'S place of business, Huntington Be_ h Civic Center, 2000 Main Street, Huntington Beach, California, and at such other places and times which shall be deemed necessary and prudent to the op,!ration of the program by the CITY. In addition, CONTRACTOR agrees to provide the following specific services: 1. Creation and implementation of a marketing program and responsibility for an outreach campaign to property owners within designated target areas as well as such -other portions of the CITY as deemed necessary by CITY. 2. Assistance to clients and potential clients in the preparation of loan applications. 3.• Liaison and communication with such +inancial institutions having an interest in the program as shall be designated by the CITY. 4. Coordination of employ. .rifications for clients, credit check for 'potential clients, title and termite reports for properties potentially benefiting from the PROGRAM. 5. Shall make recommendations on the advisability of funding loans, the potential risks of specific loans and specific funding amounts. 6. Shall assist clients in assessing the rehabilitation needs of properties and -shall prepare appropriate work 'wri teups for rehabilitation work. 7. Shall assist clients in soliciting' bids from general or subcontractors. 4. 8. Shall coordinate plan check and building permit procedures of the Building Division of the Department of Development Services. 5. Coordination of rehabilitation work in progress including quality of work inspections and approval of progress payments to contractors. 10. Coordination of building permit inspections by staff of the Building Division of the Department of Development Services. 11. Responsibility for preparation of loan closeout upon the completion of the rehabilitation work and the coordination of the recordation of the trust deed to secure the rehabilitation loan. 12. The responsibility for assessing the overall operation and financial structure of the PROGRAM, monitoring the effectiveness of this structure and making recommendations for improvements to the PROGRAM, 13. Any and all other duties and responsibilities deemed by the CITY to be necessary and prudent for the success of the PROGRAM. -2- EXHIBIT "B" AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, .AND PATRICK N. DUGGAN, AN INDEPENDENT CONTRACTOR, TO PROVIf. E REHABILITATION ADMINISTRATION SERVICES TO THE CITY (SERVICES IN CONNECTION WITH THE CITY'S NEIGHBORHOOD PRESER- VATION PROGRAM - HEREINAFTER REFERRED TO AS "PROGRAM") a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The CON- TRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated daring e*aiployment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicani.-� for employment, notices to be provided by the CITY setting forth the provisions of this non-discriminEtion clause. b. ThE CONTRACTOR will , in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. c. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this CONTRACT so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. - The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 4. e. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1565, and by the rules , regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City's Division of Housi,ig and Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the CONTRACTOR'S noncompliance with the non-compliance clauses of this CONTRACT or with any such rules, regulations or orders, this CO'-TRACT may be canceled, terminated, or suspended in whole or in part and .,;ae CONTRACTOR may be declared ineligible for further Governmental contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, =965, or by rule, regulation, or order of the Secretary of Labor, or otherwise provided by law. g. The CONTRACTOR, will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant, to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY'S Division of "Housing and Community Development may direst as a means of enforcing such provisions in- cluding sanctions for noncompliance: provided, however, that in the event the t, CONTRACTOR becomes invc-lved in, or is threatened with, litigation with a subcon- tractor or vendor as a_result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States., s DECLARATION ArID WAIVER OF WORKERS ' COMPENSATION REQUIREMENTS I , PATRICK N. DUGGAN , declare that I presently do not , nor do I intend to at any time in the future , have employees working in connection with the agreement entered into with the City of Huntington Beach on or about January 4 , 1982. I further declare that should the above situation change , I will forthwith notify the City of Huntington Beach Risk Manager and accordingly adhere to the ^equirements of Section 20 of the above contract. I declare under penalty of perjury that the above is true and correct and that this declaration is executed this day of January, 1982 , at Huntington Beach, California. t PATRIC N. Section 10 of the above contract is hereby waived pursuant to and according to the terms of this detlarat n. Warren: Haar Risk Manager APPROVED AS TO FORM: GAIL HUTTON, City Attorney gyL621--, The foreoi.qg r.;i r f�eljt is a corm=ct cn;_ ARTH R OE LA LOZA of tfie rijnLjji r Deputy City Attorney IG;iiro43fl tilss"7 �ri;l. q f/ !:. Raj SC'G'd `f'•)._. AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AND PATRILK N. DUGGAN, AN INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION ADMINISTRATION SERVICES TO THE CITY THIS AGREEMENT, made and entered into this day of . , 1981, by and between the CITY OF HUNTINGTON BEACH, 2000 Main Street, Huntington Beach, California, a municipal corporation, hereinafter referred to as "CITY", and PATRICK N. DUGGAN, an individual , hereinafter referred to as "CONTRACTOR". WITNESSETH: RECITALS: 1. CITY has a need for a Rehabilitation Administrator (hereinafter sometimes called "CONTRACTOR") and desir(.s to fill that position with an independent contractor, to be hired on contract, for . 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 Rehabilitation Administrator 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 the duties of a Rehabilitation Adminis- trator 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 aid incorporated herein by reference. 2. TERM The term of contract and of this agreement shall be for one (1) year and shall commence and shall terminate 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 hereunder, compensation in the amount of Sixteen dollars and fifty cents ($16.50) per hour, to be paid by CITY in bi-weekly installments for hours actually worked. For the term of this agreement, the total compensation paid to CONTRACTOR by CITY shall ,rot exceed Thirty-seven thousand, five hundred ($37,500) dollars. This rate of compensation shall be reviewed six months after the commencement date of this document as above written in paragraph 2 "TERM", and at that time CONTRACTOR shall be, at the discretion of CITY, and upon performance satisfac- tory to CITY, eligible for an increase in compensation rate not to exceed five percent (5%) of the total dollar value of all compensation received. 5. PERFORMANCE CONTRACTOR shall at all times faithfully, industriously, and to the best of his ability, experience and talent, perform all duties teat may be required 2. of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction 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 agreement between the parties. It supersedes any and all other agreements between the parties. The parties acknowledgL and agree that neither of them has made any repre- sentation with respect to the subject matter of this agreement or any repre- sentations inducing the execution and delivery hereof except such represen- tations as are specifically set forth herein, and each party acknowledges that he or it has reliad on his or its own judgment in entering into the agreement. The parties further acknowledge that any statements or representa- tions 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 connec- tion 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 exe- cuted by 'the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any pro- ceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party here- under, unless such waiver or modification is in writing, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth. 3 8. DISCRIMINATION CONTRACTOR agrees that in the performance of the terms of this agreement, he will not engage in, nor 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 pro- vision may result in the imposition of penalties referred to in Division 2, Part 7, Chapter 1 of the California Labor Code. In addition, CONTRACTOR agrees to abide by the federally mandated require- ments for Affirmative Action and Equal Employment Opportunities as presented in Exhibit "B", attached hereto and incorporated herein by reference. 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, dama- ges, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with CONTRACTOR'S performance of this agreement (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 or of any agent of employee of CONTRACTOR, subcontractor, or of CITY,. except where such liability, damage, cost, loss, claim or expense is cac-­1 solely by the negligent or wrongfit! acts of CITY or, any of its agents or employees including' negligent omissions or commissions of CITY, its agents or employees, in connection with the general supervis?on or direction of the Work to be performed hereunder) 10. WORKERS' COMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers' Compen- sation Insurance and Safety Acts of the State of California, the applicable 4. 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 indemnify, defend and hold ,harmless CITY from and against all claims, de- mands, 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 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. The policy shall insure CITY, its offi- cers and employees. while acting within the scope of their duties, against all claims arising out of or in connection with performance of this agreement. 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 insurance carried by CITY which may be applicable shall be deemed excess and CONTRACTOR'S insurance 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, act- ing 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 payments of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CON- TRACTOR and his officers, agents and employees and all business licenses, if 5. EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AND PATRICK N. DUGGAN, AN INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION ADMINISTRATION SERVICES TO THE CITY (SERVICES IN CONNECTION WITH THE CITY'S NEIGHBORHOOD PRESER- VATION PROGRAM - HEREINAFTER REFERRED TO AS " PROGRAM ") CONTRACTOR agrees to maintain CITY'S normal business hours (8:00 a.m. to 5:00 p.m. , Monday through Friday) and provide services at a minimum of 40 hours per week. Rehabilitation Administration services shall be provided at the CITY'S place of busine:5s, Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, and at such other places and times which shall be deemed necessary and prudent to the operation or the program by the CITY. In addition, CONTRACTG agrees to provide the following specific services: 1. Creation and implementation of a marketing program and responsibility for an outreach campaign to property owners within designated target areas as well as such other portions of the CITY as deemed necessary by CITY, 2. Assistance to clients and potential clients in the preparation of loan applications. 3. Liaison and communication with ,such financial institutions having an interest in the program as shall be designated by the CITY. 4. Coordination of employment verifications for clients, credit check for potential clients, title and termite reports for properties potentially benefiting from the PROGRAM. 5. Shall .make recommendations on the advisability of funding loans the potential risks of specific loans and specific funding amounts. 6 Shall assist clients in assessing the rehabilitation needs of properties and shall prepare appropriate work writeups for rehabilitation work. 7. Shall assist clients in soliciting bids from general or subcontractors. 8. Shall coordinate plan check and building permit procedures of the Building Division of the Department of Development Services. 9. Coordination of rehabilitation work in progress including quality of work inspections and approval of progress payments to contractors. 10. Coordination of building permit inspections by staff of the Building Division of the Department of Development Services. 11. Responsibility for preparation of loan closeout upon the completion of the rehabilitation work and the coordination of the recordation of the trust dead to securo the rehabilitation loan. 12. The responsibility for assessing the overall operation and financial structure of the PROGRAM, monitoring the effectiveness of this structure and making recomriendations for improvements to the PROGRAM. 13. Any and all other duties and responsibilities deemed by the CITY to be necessary and prudent for the success of the PROGRAM. -2- c"19IBiT "B" AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORAT?ON, .AND PATRICK•N. DUGGAN, AN INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION ADMINISTRATION SERVICES TO THE CITY (SERVICES IN CONNECTION WITH THE CITY'S NEIGHBORHOOD PRESER- VATION PROGRAM - HEREINAFTER REFERRED TO AS "PROGRAM"') a. The CONTRACTOR will not discriminate against any employee or applicant - for employment because of race, creed, sex, color or national origin. The CON-- TRACTOR will "ake affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The CONTRACTOR agrees to post in conspicuous places, available to employees an6 applicants for employment, notices to be provided by the CITY setting forth the provisions of this non-discrimination clause. b. The CONTRACTOR will , in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. C. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this CONTRACT so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shallnot apply to contracts or subcontracts for standard commercial supplies or raw materials. d. The CONTRACTOR will comply with all provisions of Executive Order '11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 off September 24, 1965, and by the rules, regulations and 7 orders of the Secretary of Labor, o•r pursuant thereto, and 011 permit access to his books, records, and accounts by the City's V vition of Hcusing and Community Development and the Secretary of Labor for purposes of in' xstigation to ascertain compliance with such rules, regulations and orders. f. In the event of the CONTRACTOR'S noncomplic.nce with the non-compliance clauses of this CONTRACT or with any such rules, regulations or orders, this CONTRACT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further governmental contracts in accordance with procedures authorized in Executive Order 11246 of September 24, t 1965, and such other sanctions may beimposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The CONTRACTOR will include the provisions of paragraphs (a) through (g) in every subcontract Or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order .as the CITY'S Division of Housing and. Community Develcprment may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: provided, however, that in the event the CON R,ACTOR becomes involved in, or is threatened with, litigation with a Subcon- tractor o., vendor as a result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. -2- s t any, in connection with the services to be performed hereunder. IN WITNESS WHEREOF, the parties hereto have executed this agreement the it day, month and year first above written CITY OF HUNTINGTON BEACH -2 A a�e Mayor ATTEST: APPROVED AS TO FORM: 6�1�' eL41 City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City A` inistra or Director, Business & Industrial Enterprise As Designated by City Administrator PA RICKAN. DUG A Independent Contras u. a 3 DECLP:RATION AND WAIVER OF I WORKERS ' COMPENSATION REQUIREMENTS u I , PATRICK N. DUGGAN, declare that I presently do not , ?` nor do I intend to at any time in the future , have employees working in connection with the agreement entered into with the City of Huntington Beach on or about January 4 , 1982. I further declare that should the above situation change , I will forthwith notify the City of Huntington Beach Hick Manager and accordingly adhere to the requirements of Section n t 10 of the above contract. >, E I declare under penalty of perjury that the above is true and. correct and that this declaration is executed this g day of January, 1982 , at Huntington Beach, California. n PATRIC N. Section 10 of the above contract is hereby waived pursuant to and according to the terms of this d c " ratio ,` ' F 1 •rr ��� tea"� War Ira: 1 , s-k Manager APPROVED AS TO FORM: GAIL HUTTON, City Attorney By -- ARTHUR DE LA LO ZA Deputy City Attorney RESUME ` PATRICK N. DUGG.AN 79k West Camino Real. Arcadia, California 91006 Phone (213) 446-1281 PERSONAL, DATA BIRTHDATE May 5, 1950 A MARITAL STATUS married ' OBJECTIVES PROFESSIONAL; Continued Professional Growth in Public Administration EDUCATIONAL: Master of Public Administration EDUCATION, CALIFORNIA STATE UNIVERSITY AT LONG BEACH Bachelor of Arts, Cum Laude-Public Administration January, 1973 LONG BEACH CITY COLLEGE Associate of Arts Degree - Political Science (with Honors) - June. 1970 EMPLOYMENT EXPERIENCE CITY OF DOt.'N'EY MANAGER, HOUSING AND HUMAN SERVICES $425 SECOI�`�S STREET SEP'fE�fEER, i939 TO PRESENT DOIMY, CALIFORNIA 90241 PHONE (213) 861-0361 DUTIES AND EXPERIENCES, Management of the City`s Human Services activities, Housing Rehabilitation Loan Program, and Neighborhood Service Center under the general direction of the City's Human Services Committee (City Manager, Police Chief, and Director of Parks and Recreation). Coordination .and management of the, Housing Rehabilitation Loan Program budget of $500,000 and Ne .ghborhood Service Center operational budget of $75,000. Personnel management of three full-time , Housing and Human Service employees and coordination of five full-time facility maintenance personnel. Co-ordinate Housing Assistance Programs with the County of Los Angeles (Section 8 - Rental. Assistance) and the. Department, of ]dousing and Urban Development (Housing and Community Development Block Grant). Subject position entails preparation of special reports, Lease agreements, and agendas for the human Services Committee and City Council, and also includes interactiou with other City departments (Personnel, Building, and Safety, Engineering, Planning,, Redevelopment, Public Works, ;Finance, and Parks and Recreation). Representation of the City with various Community groups and committees in a staff advisory capacity. P, CITY OF PICO RIVERA HOUSING REHABILITATION COORDINATOR 6615 PC41SSONS BOULEVARD OCTOBER, 1977 TO AUGUST, 1979 PICO RIVERA, CALIrORNIA 90660 ; DUTIES AND EXPERIENCES: Responsible for management and administration of Community- wide Housing Rehabilitation Local Doan Program, "Paint Up-Fix Up" Program for the elderly and handicapped, Home Improvement Rebate Incentive Program, and managerial assistance to the Deputy Executive Director of the Pico Rivera Housing Assistance Agency/Community Development Coordinator. Subject position was initially an assigni ent by the City* Manager to upgrade a virtually defunct program plagued by nur.crvus personnel and administrative problems. Position included line authority of eight full-time personnel and up to twenty-five part-time and C.E.T.A. personnel in the Housing Rehabilitation Loan Program and. Section 8 Rental Assistance Program. Responsibilities also included budget preparation,, implementation of numerous housing assistance programs, coordination of grant applications, and interaction with other City departments, CITY OF PICO RIVERA ADMINISTRATIVE AIDE mncH, 1973 to SEPTEMBER, 1977 DUTIES KND EXPERIENCES: Administrative assistance to the City Manager, - Public Services, and Assistant City Manager Public Works. General duties included annual preparation of $1.7 Million Public Works budget, member of City Manager's budget review coi<=ittee application and procurement of grant funds, preparation of Ten-Year Capital improvement and Personnel Budget:, preparatory assistance of Municipal Zoning Code, development of Municipal Water Service Code, feasibility study of personnel Productivity Standards, development of City-wide Street Sweeping Restrictive Parking Program, establishment of Anti-Graffiti Program, coordination of Ci-al Defense Program, research and reports of environmental impact for various capital improvement projects, salary surveys, feasibility study for development of Municipal Police Department, analysis of ,group insurance plans, revision of inter-departmental policies and procedures, feasibility and procedural study for City enrollment in Public Employees Retirement System, revision of Employee Manual, and proctored personnel examinations, CITY OF PICO RIVERA ADMINISTRATIVE INTERN DECEA,BER, 1972 TO MARCH, 1973 DUTIES' ANIk�EXPERIENCES: Under direction of the Director, of Parks and Recreation., administrative responsibilities included analytical studies and reports, research data for the Parks and Recreation Commission, press releases, and public relations. HONORS AND CERTIFICATES Deants Honor List, Academic Years 1970-71, 1971-72 - California State University at long Beach. { Honor List> 1970 - bong Beach City College. 1 Member, Alumni Association - C,aliiotni,a State University at Long Beach. Notary Public - State of California ---~-- REFERENCES AVAILABLE UPON REQUEST IF* W-14L CiTY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Gail Hutton Fron" Tom Tincher, Director City Attorney 'Business &Industrial Enterprise Subject INSURANCE CERTIFICATE: REHAPILITATION Date January 4, 1L182 ADMINISTRATOR CONTRACT WTT 'ATn'':L N. DUGGAN Attached please find one copy of the insure ice certificate for the subject contract. You will note that the insurance certificate documents all required coverage except worker's compensation. UESTION: Since Mr. Duggan will be an independent and sole contractor with no employees, is the worker's compensation insurance required in r this instance? y Mr. Duggan commenced work with the City this date and, if worker's compensation insurance is to be required, a determination in this regard is required immediately. Please advise us at your earliest convenience as to your opinion in this matter and if you should have any Questions, you may contact me at extension 5582. TTSVK:jb attachment Y _ Return original and three copies of tribution: completed rtificate to: CERTIFICATE OF INSURANCE After Approval Original Originating Dept. `,fellow--Risk Manager jj City of H Yngto Beath T® $V City AttornoY Pink—City Clerk 7`Dept._ e� Gol{—City Attorney P.O.- 990 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. Name of Insured PATRICK N. DUGGAN Address of Insured 79ZW. CP.NIINO ,REAL, ARCADIA S'.A `I='Q. NTg m R0F Location of Insured Operations ALL OPERATIONS Description of Operations REHABILITATION ADMINISTRATOR POLICIES IN FORCE POLICY 0 TE LIMITS OF LIABILITY NUMBER EFFECTIVE EXPIRATION Ar Workers Compensation Statutory Employers' Liability NONE B. Public Liability' $300,000 combined single limit per occurrence. Bodily Injury: Manufacturers and GLO 1/4/82 1/4/83 C trace rs and/or 1�14318 $ Each Person owners., l and`�orr s tenants basis Comprehensive General 17 $ Each Accident (including products completed operations) Property Damage $ Each Accident C. Automobile Liability: File No 2/1.8/81 12/18/82 Bodily Injury $ * Each Person CA-81 6 0577 $ Each Accident 0 roperty D ma ,. $ " Each Accident EXCess �1gSzlitPending 2 18 81 12 1 82 Does policy cover: (Please check at least one) All owned automobiles ( X)'Yes ( )No Non-owned automobiles ( !Yes (X ):::Na Hired automobiles ( )Yes (X )No D. Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council,and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed boaiy,and/or elective and appointive'officers, servants or employees of the City of Huntington Beach,when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach. ' E. Hold riarmless Agreement: By insured: f (sign at re The insured agrees to protect,defend, indemnify and save harmless the Ci untington Beach against loss,damage or expense by reason of any suits, claims,demands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by,any third party arising out of or in consequence of the performance of all or any operations covered by certificate of insurance. F. Remarks: APPROVED AS TO FORM: CAIL HUTTON City Attorney By. ✓� Deputy City Attar,�e Date December 30 1981 AUTHORiZED REPRESENTATIVE OF INSURANCE COMPANY �y INSURANCE COMPANY By t ! OHIO CASUALTY INSURANCE CO. Sign of Authoriz�R.pres�elt.tiv.I�Aa..t Name ARTHUR W. MACNEIL CO.,, INC. Address P. 0. ''Box 3020 Address P_ O-Box 511 City j�ul-1-UCi7n C'Alif. q�4 Telephone Whittier, Calif. 90608 Inter-Insurance 'Exchange Assn., Box 2890 Terminal 'Annex, Los' Angeles, CA 90051 Chicago Ins, Co., c/o Bliss & Gl.ennon Inc., 23880 Hawtborne Blvd., Torrance, CA `T "s G E U FOR CITY COUNA. ACTIN 1,- Date Nciember 24, 1982 Submitted to: Honorable Mayor and City Council / 131 ,E c0� CT�. Submitted b a s s i ( � - y C h rle_ W. Thompson, C ty Administrato _ Prepared by61ffice of Bu- ness and Industrial Enterprise Subject: SUPPLEMENTAL AGREEMENT NO. 1 TO EXISTING AGREE ENT-4e-PR VI REHABILITATION ADMINISTRATION SERVICES TO THE C Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT .OF ISSUE: On December 7, 1981, the City Council approved an agreement between the City of . Huntington Beach and Patrick N. Duggan, an independent contractor, to provide the services of Rehabilitation Loan Administrator for the City's Neighborhood Enhancement Program. This contract will expire on December 7, 1982, and the attached Supplemental Agreement will extend the term of this agreement and in- crease the contractor's compensation by 10 percent. RECOMMENDATION: Approve and authorize the City Clerk to execute the attached Supplemental Agree- ment No. 1. ANALYSIS: Since the execution of the previous agreement with Patrick N. Duggan, the City's contractor for the provision of Rehabilitation Loan Program administration, activity in the program has increased substantially. Specifically, the current status of loan activity is as follows: 12 loans completed this past year 12 loans funded and in process 44 number of prior loans completed 88 total 30 applications currently being processed In addition, the Rehabilitation Administrator has been of great assistance to the City in the implementation of the Block Grant funded Handicapped Accessibility Program through which the City will make grants to the owners of rental properties to make structural modifications to provide additional rental units that are accessible to the physically disabled. In addition, with the Rehabilitation Administrator's assistance, the City has garnered a set aside of funds from the Orange County Housing Authority to implement the Section 8 Moderate Rehabilitation Program in the Oakview Redevelopment Project Area. This program will provide rent subsidies to tenants occupying units within this neighborhood which are rehabilitated through the Neighborhood Enhancement Program and will permit rents on these units to be increased sufficiently to covet, the cost of the rehabilitation loan. In this program, it is important to note that the tenants benefiting from the program still pay no more than 25 percent of their monthly income towards the rent with the balance being paid through Federal subsidies. The availability of these funds will help avoid any displacement of tenants as the Redevelopment Agency activities in the Oakview neighborhood continue. A comprehensive assess- ment and status report of the rehabilitation loans component of the Neighborhood Enhancement Program is in preparation and will be transmitted to the City Council separately in the immediate future. While the Supplemental Agreement presented herewith for the City Council 's con- sideration extends the term of the Rehabilitation Administrator's contract for one year, staff will reevaluate this position in six months in conjunction with the preparation of the HCD and City Budgets. This reevaluation is necessary in light of the growing amount and diversity of activities required of the Rehabilitation Administrator to support the City's ongoing Housing an� Community Development, Community and Neighborhood Enhancement and Redevelopment efforts. In addition to implementation of the programs enumerated above, it is also anti- cipated that the Redevelopment Agency may incur relocation obligations by the time of this reevaluation of the position and that the assistance of the Rehabili- tation Administrator may be required in this regard. Therefore, in light of these factors, staff will be rresenting to the Council a recommendation in six months regarding the most desirable mechanism by which to continue to secure these services. FUNDING SOURCE: U.S. Department of Housing and Urban Development; Housing and Community Develop- ment Block Grant Program. Total funds not to exceed $41,250 for the one-year extension. ALTERNATIVE ACTIONS: Refer the Supplemental Agreement No. l attached back to staff for further consi- deration. ATTACHMENTS: 1. Supplemental Agreement No. 1 2. Original Agreement CWT:SVK:jb REQUES FOR CITY COl NCI CTION' Date _November 25, 1981: Submitted to: Honorable Mayor and City Council APP�© V B�' CZT Submitted by: Charles W. Thompson, City d i c p y A m nistrato � ovrjcrL r Prepared by: Department of Development Services, HCD Divisio "`------{��ayyf Subject: APPROVAL OF CONTRACT FOR REHABILITATION ADMINIS —TOR CITY CRIX Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: On November 2, 1981, the City Counc`'11 approved a contract with John F. Wager, Jr. to act as Rehabilitation Administra'cor on a contractual basis for the City. Since that time, Mr. Wager has informed ;:he City that he will be unable to accept the position. Therefore, staff is recommending the approval of an identical contract with the next most qualified candidate: Patrick N. Duggan. RECOMMENDATION: Approve and authorize the City Clerk to execute the attached contract to procure the services of Patrick N. Duggan to act as Rehabilitation Administrator for a period of one year and for an aiilount not to exceed $37,500. ANALYSIS: On September 21, 1981, the City Council acted to terminate the City's contract with the consultant firm of Bill Pond & Associates, Inc. providing that firm with 30 days notice of this termination. Also at that time, the City Council requested the staff to investigate procuring the services of a contract employee to serve as Rehabilitation Administrator. Pursuant to this Council direction, the staff requested proposals from three entities wishing to provide the services of Rehabili- tation Administrator, interviewed all three of these entities, and recommended to the -City' Council the selection of John F. Wager, Jr. for its consideration on October 26, _1981. Pursuant to the Council 's authorization at that time, staff negotiated the 'terms of the contract with, Mr. Wager. However, Since the Council 's approval of that contract on November 2, 1981, Mr. Wager has informed the City that he will not be able to accept the position. Therefore, staff is now recom- mending approval of an identical contract with the next most qualified candidate, Patrick N. Duggan. This contract and a statement of Mr. Duggan's qualifications are attached. The services to be provided by Mr. Duggan are identical to those previously approved and include, but are not limited to: the design and implementation of a marketing program for the Neighborhood Preservation Program, assistance to clients in all phases of rehabilitation work, coordination of plan check and building permit re- vied procedures conducted by the Building Division of the Department of Development Services, quality of work inspections, and all other duties deemed to ' _ ;appropriate and 'necessary for the success of the program. These duties are speci% )ed in more detail in Exhibit "A" of the attached contract. P10 4/84 E. Hold Harmless AST .-Ment If Corporation, President and Secretary- must sign . Page Two In return for these services, Mr. Duggan will becompensated at the previously approved rate. of $16.50 per hour for hours actually worked. In addition, the contract also provides that in six months, and upon satisfactory performance, an increase of five percent in this compensation could be granted at the option of the City. The contract also contains the usual insurance and hold harmless provisions required by the City on such consultant service contracts, as well as the Affirmative Action and Equal Employment Opportunities provisions required by the Federal Government for all contracts funded with. Housing and Community Develop- ment funds. The attached contract was previously reviewed and approved by the City Attorney. The HCD funded Neighborhood Preservation Program is currently without staff and is not currently in operation. It is imperative, if the program is to be reac- tivated, that staff services be procu.,—d as quickly as possible. FUNDING SOURCE: U.S. Department of Housing and Urban Development, Housing and Community Develop- ment Block Grant funds. The compensation provided under the term> of this contract is consistent with the rate of compensation for the Housing and Community Development Assistant position that was at one time authorizes; by the City Council but which will be eliminated as a result of this positioa. There exists sufficient HCD Rehabili- tation Loan Program funds to cover the cost of this contract, ALTERNATLVE ACTIONS: 1. Authorize a full-time regular City employee to administer this program, and authorize staff to advertise for this position. ' 2. Terminate the Neighborhood Preservation Program. ATTACHMENTS: 1. Contract with Patrick N. Duggan. 2. Statement of Patrick N. Duggan's qualifications. CWT:TT:SVK:jb a ,. REQUEST FOR Ci TY ® ��lJlL ���lt�lV i)euepi Date October 30, 1981 Submitted to: Honorable Mayor and City Council �J Submitted by: Charles W. Thompson, City Administ:rato / E _y ClTq''G L Prepared by: Department of Development Services, HCD Divisi n Subject: APPROVAL OF CONTRACT FOR REHABILITATION ADMINIS RATOR Backup Material Attached: [Xl Yes [ l Flo �4�`�t�' Statement of issue, Recommendation,Analysis, Funding Source,Alternative Actions: STATEMENT OF ISSUE: On October 26, 1.981, the City Council approved the selection of CDhn F. Wager, Jr. from among three proposals to act as Rehabilitation Administrator on a contractual basis for the City. Als at that time, the City Council authorized staff to negotiate a contract with Mr. Wager for these services, and attached is that contract. RECOMMENDATION: Approve and authorize the City Clerk to execute the attached contract to procure the services of John F. Wager, Jr. to act as Rehabilitation Administrator for a period of one year and for an amount not to exceed $37,500. ANALYSIS: On September 21, 1931, the City Council acted to terminate the City's contract with the consultant firm of Bill Bond & Associates, Inc. providing that firm with 30 days notice of this termination. Also at that time, the City Council requested the staff to investigate procuring the services of a contract employee to serve ,xs 'Rehabilitation Administrator. Pursuant to this Council direction, the staff requested proposals from three entities wishing to provide the ser= vices of Rehabilitation Administrator, interviewed all three of these entities, and recommended to the City Council the selection of John F. Wager, Jr. for its consideration on October 26, 1981. Pursuant to the Council 's authorization at that time, staff negotiated the terms of the contract with Mr. Wager. The re- sults of these negotiations are embodied ifs: the attached contract for services. The services to be provided by Mr. Wager include, but are not limited to: the design and implementation of a marketing program for the Neighborhood Preser- vation Program, assistance to clients in all phases of rehabilitation work, coordination of plan check and building permit review procedures conducted by the Building Division of the Department of Development Services, quality of work inspections, and all other duties deemed to be appropriate and necessary age Two p. for the success of the program. These duties are specified in more detail in Exhibit "A" of the attached contract. In return for these services, Mr. Wager will be compensated at the rate of $16.50 per hour for hours actually worked. In addition, the contract also provides that in six months, and upon satisfactory performance, an increase of five percent in this compensation could be granted at the option of the City. The contract also contains the usual insurance and hold harmless provi- si'ons required by the City on such consultant service contracts, as well as the Affirmative Action and Equal Employment Opportunities provisions required by the Federal Government for all contracts funded with Housing and Community Development funds. The attached contract has been reviewed and approved by the City Attorney. FUNDING SOURCE: U.S. Department of Dousing and Urban Development, Housing and Community Devel- opment Block Grant Funds. The compensation provided under the terms of this contract is consistent with the rate of compensation for the Housing and Community Development Assistant position that was at one time authorized by the City Council but never filled. There exists sufficient HCD Administration funds to cover the cost of this contract. ALERNATIV£ ACTIONS; 1. Authorize a full-time regular City employee to administer this program, and authorize staff to advertise for this position. 2 Terminate the Neighborhood Preservation Program. CWT:TT:SVK:jb attachment