HomeMy WebLinkAboutPATRICK N. DUGGAN - 1981-12-07 (3) A SUPPLE€"ENIAL AGREEMENT NO. 1
AGREEMENT BETWEEN THE CITY Or HUNTINGTON ,tACH, A �
MUNICIPAL CORPORATION, AND PATRICK W. DUGGAN, AN
INDEPENDENT CONTRACTOR, TO PROVIDE REHf 61LITATION'
ArAMINISTRATION SERVi"ES TO THE CITY
THIS SUPPLEMENTAL AGREEMENT, mode and entered into this day of
1982, by and between the CITY uF HUNTINGTON BEACH, 2000 Main VF7
Street, Huntington Beach, California., a :municipal corporati::n, hereinafter re-
ferred to as "CITY", and PArRICK N. DUGGAN, an individual , hereinafter re•Ferred
to as "CONTRACTOR." A
al J
W I T N E S S E T H
RECITALS.
WHEREAS,. the CITY has a need for a Rehabilitation Administrator (herein
sometimes called "CONTRACTOR") and desires to V" 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 tear and
amount;
NOW, THEREFORE, the parties covenant and agree as follows:
2 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 -1 "�ragraph 2, TERM, of the original agreement); and
2. To increase CONTRACTOR'S compensatiu) (as specified 1n Paragraph 4,
COMPENSATION, in the original agreement) -to Eighteen dollars and fifteen cents
($18.'15 per hour to be pair by City l,t� btuweekly installments fwµ hoUr^s actually*
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3. Execution of 'this Suppamentai Agreement in no way affects or
diminishes the previsions conta,ned in the original agreement and exhibits
between tEie CITY and CONTRACTOR as origi-1.11y exccutted on the 7th day of
Pece;..oer, 1981,- except as provided ,Ie,.p in.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the b� �
days, month and yeaf, first above written.
CI f Y OF NUIXTINGTON 8EACN ;
ATTEST:
sty err Mayor
APPROVED AS TO FORM: INITIATED AND IiA.ROVED AS TO CONTENT:
City Attorney D�rector, Business and industrial
Enterprise
APPFIOVE�
City A ministrat
EPENCENT CO RACTOR
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P. Nick.►k: Duggan _
AGREEMENT BETWEEN THE CITY OF HDNTINI',TON BEACH, A
MUNICIPAL CORPORATION, AND 'PATRICK N. t}U, -N, AN
ENDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION
ADMINISTRATION SERVICES TO THE CITY
THIS AGREEMENT, made and entered into this day of
4 1981, by and uetween the CITY OF HUNTINGTON BEACH, 2000 Main Street, Huntington
Beach, California, a municipal corporation, hereinafter referred to as "CITY", and
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PATl ICK IN. DUGGAN, an individual , hereinafter referred to as "CONTRACTOR"
WI TNESSETH: :',
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RECITALS; ,.
1. CITY has a need for a Rehabilitation Administrator (hereinafter soowtimes
t called "UNTRACTOR") and desires to fill that position with an independent contractor,
to be hired on contract, for a limited term as provided herei"
9. CONTRACTOR will not b-, a member of CIT'S personnel sysvera, -nd CITY has
no obligation to retailn �aoch CONTRACTOR'S seo,#ices beyond tine term of this agreement.
3. CITY has reviewer[ the requirements for the position of Rehabilitation `
Adraivi strat or ad has found CONtRACTOR to be qualified and is willing to contract
with CONTRPCTOR, and CONTRACTOR`Is willing to contract with CITY fpr that position
under.the terms and conditions set out herein.
NOVI, THFRF$�ORE, the parties covenant and agree aF fo`lows
1. CONTRACTUAL AGREEMENT
CITY hereby contracts with CONTRACTOR outside the CITY'S peraannel system
as an -independent rorrfractor to fulfill tt 4 duties of a Rehabilitation Adminis-
trator and CONTRACTOR #hereby accepts and agrees to such ,nntractua;l agreement."
CO TRAt.TOR shall perform for CITY as described and set forth in Exhibit
"A", attached hereto and incorporated herein by reference.
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The term of contract and of this agreement shall be for one (1) year
and s►ial l commence and shall terminate
3. OPTION TO TERMINATE
Either party has the right to terminate this agreement at any tine after
the effect4ve date of the term of the agreement upon providing thirty (30) .
days' written .)ztice to the other p, 'v,
4, CCHPENSATION
CITY shall pay CONTRACTOR', and CONiRACTOV agrees to accept from CITY as
"ulI payment for CONTRACTOR'S services hereunder, compensation in the am unt
of Sixteen dollars and fifty cents ($1E,50) Tyr hour, to be paid by
CITY in b -weekly installments for hours actually worked,
For the tem of this agreement, the total coq)ensation paid to C011-11rpKJOR by
CITY shall not exceed Thirty-seven thousand, five hundred ($37,500) dollars,
This rate of compensation shall br reviewed six months after the oawmt ncement
date of this document as above Written in paragraph 2 "TERM", and at that tir�,e
COk RACTOR shall be, at the d4scr•etion a.l CITY, and upon perform-ince satisfac-
tory to CITY, eligible for an increase: in compensation rate not to -1d five
pertcAt (5Z) of the total dolla,t value of all compen!;ation received.
5. r"ERFORMAKE
CONTRACTOR shall at all tares faithfully, industriously, and to the best
of his ability, experience and talent, perform all duties that may be required'
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of and from him pursuant to the express and implicit terms hereof, to the
reasonable satisfaction of CITY, ;z
Additionally, CONTRACTOR agrees rot to make any contracts, Idases, or
tither commitments for or on behalf of CITY without the written consent of
CITY ::
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b. ENTIRETY ! h
This written agrrt-ement contains the sole and entire agreement between the
r parties. It 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 suhjt_ct matter of this agreement or any repre-
sentations induci,rg the execution and delivery hereof except such represen-
tations as are specifically set forth herein, and each party acknowledge=
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 representa-
tions that may have heretofore been made by either of then to the ether are
void and of no effect and that neither of them nas relied thereon in connec-
tion
wi' h his or is dealings with the other.
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No waiver or modification of this agreement or of any covenant, condition, '
or lnitatoa herein contained shall be valid unless in writing and duly exec
cuted by the party to be charged therewith. Furthermore, nu evidence of any
waiver or modification shall be offered or received in evidence in any pro
Deeding, arbitration, or litigation between the parties arising out of or
affecting this agreement, or the rights or obligations of any party here-
under,: unit,,�s such waiver or Modification is in writbq� duly executed as
aforesaid. 'the provisions of this paragraph may not be Waived except as herein
set forth
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8. DISCRIMINATION y
CONTRACTOR agrees that in the performance of the terms of "his agreement,
he will not engage in, nor permit his agents to engage in, discrimination in
employment of persons because of race, religious creed, .,olor, 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 impr,sition of penalties referred to in Division 2
€ Part 7, Chapter 1 of the Cal.,fornia 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 "8", 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
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i,ndirectly 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 ir, ury to an agent or employee of CONTRACTOR,
subcontractor, or of CITY or damage tc the property of CONTRACTOR, rubcontrac
car of CITY or of any agent of employee of UMTRACTOR, subcontractor, or of Cl
except where such 'iability, 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 supervisor; or direction of the work
to be performed hereunder),
0-4 �lORKERS1 .,0 REN5A;TI0N
CONVACTOR shall comply with all of the provisions of the Workers' Cor�pen-
sation Insurance and Safety Acts of,the State of California, the applicable
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provi-.3ions of Division 4 and 5 of the Cal "ornia 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 ?udgments of every Nature .
and description, including attcrney's fees alid costs, presented, brought or
recovered against CITY, for or on ac:- liability under any of said
acts which may be incurred by reasui. :;ork to bE performed by CONTRACTOR
under this agreement, ;.
11. INSURANCE
CONTRACTOR agrees to furnish to CITY and mains n in force during the
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term of this agreement a general liability insurance policy in which CITY
is named as an additional insured. The policy shall insure CITY, iL offi-
cers and employees, chile acting within the scope of their duties, against
all claims arising cut of or in connectioir with performance of this asreement.
The policy shall provide for not less than the following amovnts: combined
single limit bodily injury and/or property damage of $300,'-al per occurrence.
Such policy of insurance shall sr-?c'efically provide that any other insurance
carried by CITY tih ch may be applicable shall be deemed excess and CONTRACTOV S
insurance primary despite any conflicting provisions in CONTRACTOR'S policy
to the contrary.
12. INDEvFNDENT CONTRACTOR
It is further understood and agreed that CONTRACTOR is, and shall be, act-
ing at all times as an indo.pendent contractor herein and not as an employee of
CITY_ ' CONTR/,CTOR shall secure at his expense, and be responsible for any
and ar:l payments bf income tax, social security, state disability ir. (ranee
compensation, uriemployn*nt compensatictr and other payroll deductions for CON
TRUTOR and his officers:, agents and employees, and all business licenses, if
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any, in connection with the services to be performed hereunder.
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Its WITNESS WHEREOF, the pave. es hereto have executed this agreement the
day, month and year first above written.
CITY OF HUNTINGTON BEACH
t 9.4d '¢
Mayor
h ATTEST- APPROVED AS TO FORMt
City Clerk City Attorney x`
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City A flnistra or Director
f;usBess & Industr�a Enter rise
As I e+i,na.ted by City Admi niztra.tox1
PA-RICK N DUG
Independent Contras
EXHIBIT "A'
AGREEM- ' 'i' BETWEEN THE CITY OF HUFTINGTON BEACH, AF.
MUNICIPAL CORPORATIOM, 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 agr,,es to maintain CITY'S normal business hours (8:00 a.m. to ;
5 OO p.m., Monday thrcugh 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 Beach Civic Center, 2000 Main Street, Huntington
Beach, California, and at ouch other place 4 and times which shall be deemed `
ner.;essary and prudent to the up-ration of the program by the CITY.
In addition, CONTRACTOR agrees tq provide the following specific services:
1. Creation and implementation of a marketing program and responsibility
for an outreach campaign to property owners within dr:signated 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,
O. Liaison and cowunication >>rith such financial institutions having an
interest in the program as shall be designated by the CITY.
4. Coordination of xmployment verifications for clients, cra..}: check for
potential Clients, title and termite reports for iy MNerties potentially
benefiting from the PROGM,
5, S411 make recommendations on the advisability of funding laans, the
potential risks of specific loans and `specific funding amounts.
S. 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,.
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rt 8. Shall coordinate plan check and building permit procedures of the
Building Division of the Department of Development Services.
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9. Coordination of rehabilitation word; in progress includiig quality of
work inspections and approval of progress payments to con�*ractors.
k IO. Caordir6,:ion of building permit inspections by staff of the Building " ;
r Division of the Department of 0.velopment Se;vices, ;
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Respansibflity for preparation of loan closeout upon the tomgletion
f of the rehabilitation work and the coordination of the recordation of
the t st deed to sezure 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 aTl other duties and responsibilities deemed by the CITY to
be necessary and prudent for the success of the PROGRAM.
EXHIBIT "B" µ
AGREE14ENT BE WEN THE CITY OF dJNTINGTON BEACH, A
MUNICIPAL CORPORATION, AND PAtRICK N. DUGGAN, AN ;+
INDEPENDENT CONTRACTOR, TO PROVIDE REHABILITATION
ADMINISTRATION SERVICES TO THE CITY
(SERVICES IN CONNECTION iIIH THE CITY'S NEIGHBORHOOD VRESER-
VATIC;l PROGRAM - HERE'INAFTER REFERRED TO AS "PROGRAIM")
a. The CONTRACTOR will not discriminate against any employee or applicant
r for employment because of race, creed, sex, color or national origin. The WN_
TRACTOR will take affirmative action to ensure that applicants are employed,
Lr and that employees are treated during employment, without regard to their
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race, creed, sex, Color or national origin. Such action small include, but not
be limited to, the following; F'inployment, upgrading, demotion, or transfer;
recru tment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprentice-
ahip- The CONTRACTOR agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the CITY setting forth
the provisions of this none-discrimination clagse.
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 Ngard to race, creed, color,
sex, or national origin.
C. 'he CONTRACTOR will cause the foregoing provisions lt-o ne inserted in
all subcontracts for, any stork covered ty this CONTRACT so that such provisions
Will be hindiog upon each subcontractor, provided that the foregoing provisions
shai1 not apply to contracts or subcontracts for standard comil*rcial .supplies
or re1w, materials,
d. The GORAUTOR. will comply with all provisions of Executive Order 11245
of September 24, 1965; and of the rules, regulations and relevant 'Orders of the
'Sftretary of Labor.
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e. The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations and
orders of the Secretary of Labor, or pursuant theretc, and will permit access
to his books, records, and accounts by the City's Division of Hour, id °
Community Development and the Secretary of Labor for purposes of inve, ,tion « '
fit, 4, s
to ascertain compliance with such rules, regulations and orders,
f. In the event of the CONTRACTOR'S noncompliance with the non-compliance �Y
clauses of this CONTRALi or with any suc)r 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,
1965, and such other sanctions nay bL imposed and remedies invoked as provided
in Executive Order 11246 of September 24, 1955 or by rule, regulation, or
t-lor 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 wr"tl take such action with respect
to any s0contra4t or purchase order as the C TY'S DiVsion of Housing and
Community Development may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: provided, however, that in the event the
CONTRACTOR becomes involved in, or is threatened wit1., litigation with a subcon-
tractor or vendor as a result of such direction, the CONTRACTOR may request the
United States to enter intC :such litiga+ion to protect the interests ofthe
United States
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DECLARATION AND WAIVER OF
WORXERS' OOMPETISATION REQUIREMENTS �
I, PA,TRICK N. DUGGAN, declare that I presently do not,
nor do I intend to at any time in the future, have employeea
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 Huntin;ton Beach disk x;
4 Manager a..d accordingly adhere* to the requirements of Section �
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10 of the above can;,raat.
I declare under penalty of peruury " -ia,t the above Is true
and correct and that this declaration is executed t'.1i.s
slag of January, 1982, at Huntington Pesach, California.
PA'.'M'RICF. Tl.
%M---
Section IC of the above contract is hereby waived pursuant
to and according to the terms of this 4e rat# il'
via T' �� . ' , Ris k !fanager
APPROVED AS TO VORM
t h"M HUTTOR, Oity Attorney
., - ..
RM'KUR DE U LRK
Deputy Oity Attorney
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per:
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{ R E
79k Test Camino Real
Arcadia, California 92006
Phone (213) 446-1281
..ter.
PER54101 DATA
BIRT'HDA . may s, 1950
MALRITAL STAM s Mat ried
F �
w -------- 09JECTIIIES �.
PB/)FESS;iO2$a L Continued Professional Growth in Public Admitaistration
EDUCATIONAL: master of Public Administration
EDUCATION
CALZFbRk+TA STATE VII&RSITY AX LONG BEACH
3acbelo't of Arts, Cum Laude-Public Administration - January,, 1973
L014C BEACO CITY CMLEGE
Al.sociota of Arts Degree - Political Scieoce (with Honors) -:Tune, 1970
EkIPIA OIENT EXPERIENCE
CITY Or V%MEX MIUGER, HOUSING AND 'kttJl" SMVICES
$425, SECOND STREET SEPTEMM, 1919 TO :PUSENT
DCAVEY, CALIFORNIA90241
PHONg (213) E61-0361
DUTIES AM EXPERtMESs M anagersesat of the City's ljvzat '.cervices activities,
kTousing RefiO,41itition Loan Program,, and Neighborhood Ssrvf ce Centex under the
general direction of the City's Huh),An Services Ccaat ittee (Ci<t)r kfdnagsr, Police.
Chief 40 Dixecto: of 'Parks and A4creation). Coordination and management of the
Rousing Reh4bilitatjo #,oat Program budget of $500,000 and neighborhood Service
Center opor4tlonal. bWgec of $75,M, T'erfionDol man*gemert of three full--ti
Housing and Ruto Service 4?wployees and coordination of five full-tiuv� facility
aref.st snaxace personnel. Coordinate, Itoosfng, Assistance Progr=s with the county of
Las .Angeles ,<Seetio,4 8 - Rental Asslstari4e) and the Department Of Rousing 60d
„'rban VA,,ve1o;**nt (Ho4sipg and Clom tunity bove,lapmnt Mack Grant). subject
posWoli ent4ilg pteparetlon of spocial reports, lease agrteuentsy and ai;endas for
the Human Setvtces Compittee and City Cotfncil, and also istc'lude% interaction uolth
other City dapartm,-ats �r�ekxc�sznel, Bu.'kJdin arsd Safety., Engineering, Vlanning
Rtd.tvolopotmt, rdblic Vorks, Pi.orande, ind Park* and Retre etloo). Representatton
of the City Vtth vtri.ous Co unity groups and tcrraa itsees in: a staff advisory
i
zt.'ERIENCE Cont.),
b
CITY OF PICO RIVERA HOUSING RtHABILITATION COORD11L4TOR
6615 PASSONS BOULEVARD OC2'OBE , 1977 2O AUGUST, 1979
PICO RI BA, CALIFOR91A 90660 '
DUTIES AND EXPERIE tES: Responsible for management and administration of Ctxmunity-
wids Housing, Rehabilitation Local 'moan Program, "Paint Up-Fix Up" 3�agram for the
elderly* and handicapped, Home Improvement Rebate iaccntiwe Program, and managerial �
assistance. to the Deputy Executive Director of the Pica Rivera HouslLng Assistance �
Agency/Csi,=5uniry Development Coordinator, Subject position was initfal.ly an
ass ignr..ent by the City Manager to upgrade a vf.rtually defunct program plagued by
nur•rrous ptrsonns~l and administrative problems. Position .included line authority
of aiSht full-ri personnel and up to twenty-five part-time and C;E.T.A. personnel
in the Housing Rehabilitation Loan Program and �;ectl.an 8 Rental. Assistance Program.
Responsibilities also included budget preparation, implementation of -numerous
housing, assistance progr ms, coordination of grant appls�.a#tions, and interaction,
with other City departments.
CZ'I'Y OF WQ RIWRA: ADRI ISTRATIVE AM
I-MCR, 1973 to SEP MBM, 1977 a
i3tt YES EMI �, MIEh'CES: .dtnir<9,rstrative assistance to the City' Nanager - ru'�lic
Services, and Assistasut City* Manager Public Vorks. General duties included
apnpal preparation of 51.7 Million Public t.orks budget, srber of City Manager's
f budget revitm coi=ittee, application and procurem4nt of grant fuu4s, preparation
of Ten-year Capital Improvement aasd Personnel Budget, preparatory assistance of
Muntctpal Zoning Code, development of Municipal 14ter Service Co.e, feasibility
steady of;Personnel Productivity Standards, d,,valopment of City-hide Street
Sweeping Restrictive Parkins; Program, ostab i<shmant of Anti,-,;rraffici Program,
conrdirsatioa of Civil Dofetsse Program* research and reports of ersvjronmental
impact for various capital impro Cement projects, salary surveys, fea0bility
study for development of =Sun.icipal 'Police Department, analysis of group insueauce
plans, revision C, inter-deps�rtu+e#xta:l policies? and procedures, feasibility- and.
procedural at4dy for City enrollment in Public Employees Retirement System#
revision of Eaapl,�yee 1.atsual, and proctored personnel examinatiobs'.
C T 0)z PICO PlIvEiZA ADINTRISTRATIVE I.NTER1
DL.-_P 'IBEtt, 197Z TO kSA,RCR, 1973
DITTES Aril E}'PEPIENCESt Under direction of the 'Director of par r- and Recreation,
omiioistrotsve responsibilities included analytical studies and repeats, research
data for the Parks and Recreation Commizsion, press releases, and public relations,
ICkS AND CERTIFICATES .-.
Ae i°n`s U#: qr list, Academic Years 1970-71, 1971-72 California State University,
at TotsE I#each.
E000r List* 1970 .. Lon$ Beach `City Col lftge.
l ember, Alus=i Association - California Stara Vni.verslty at Long Beech.
Notary Ptalslic - State of California
!RE' ER.EN ES AVAILABLE RPON REtxMT
3
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CITY OF, HUNT1NGTON BEACH ...
INTER-DEPARTMENT COMMUNICATION
�; HIP+iTnGT0+ 6kACH �
To Gail' Hutton FrM-1 Tom Tincher, Director j,
City Attorney Business & Industrial Enterprise
Subject INSURANCE CERTIFICATE: REHABILITATION Date January 4, 1982
ADMINISTRATOR CONTRACT WITH ;PATRI K
N. DUGGAN
Attached please find one copy of the insurance certificate for the su'jject contract.
You will note that the insurance certificate documents all required .ovemge except �
worker's compensation.
QUESTION: Since dr. Duggan will be an independent and sole contractor with
no "employees, is the aor:(er"s compensation 4nsurance required in
this instance?
7
g:
Mr. Duggan commenced work with the City this date and, if wor',er'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 �)Ihouid have any questions, you may contact rn`t at extension 5582.
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attachment
40
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11%um original and thr+va coMes of
oampleted call ficate to. CERTI FICA V CF MURANCE Aftar Apuroivar YYe Original.-Risk fi�nag r
I City at H t n tttt Beach TO WEE AttornoY pink—os.y Ctork
r't pt. �"�a�»%�� Gold—City AttgrnoY
P.O.Box 190 CITY OF HUNTINGTON BEACH,CALIFORNIA
Huntirome Btiach,California 92 A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as omcribed below have been issued to the insured by the under-
!;gned and are in farce at this time.If these policies are cancelled or changed in sucfti a manner that Will affect this certificate,the
irtfrurance Company agrees to give 30 days prior written notim,by mail,to City of Huntington Beach,P.0.Box 190,Huntington
Beach,California 926.48.
Name of Insured PATRICK Nt DUGGAN
Address of Insured 7 n W. CAt���lr� REAL AFt'ATpIA inAF TPORNTA q'I Mr.
i oration of Insured Operations V1 OPERATIONS
F Description of Operations REHABILITATIO?LAA MINIST1'AT99
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POLICY f'f
POLICIES �E t iMl IS OF t tltBtt i1'Y
ICIES IN FORCE
P1UtABFR j FFECT(Vt: EXPiRnT(r]N ,..r
A. Worke,'s Compensation Statutory
Employers*Liability Nt3NE r
f3i public Liability, _ `S300,000 combined single
VV limit Mr occurrence.
Bodily Injury: 7*
Woufacturerl and GLO 1/4/82 1/4/83 '
Cgitiractty cll1 1914318 S Each P~:rson
talkers, ` Ian yr s Wteriants b4sis
Comprehensrve a:�''�"
General 13 S_ ' Each.Accident x
Onciuding product#completed
operotiangj -
HrOI-ezty Damage �+____�� .` _ Each Accidam k-.
C. Automobile Liability:
BodBy Injury Pilii� No 2/18/81 112/18/82 $_ Coch'Persnn s '
A-81 $ "----� fiacltAccident
60577
ro �ty�t3 seta A+cOdent
Ex 5S 3;,aMil t endznc 2/, 81 2 r fi
e Claw policy cover;
IPlsase chic st least d.vei
Ake owned aurun(obilvs { X)Yes f )No
Nero-owrr I rtltarnobilet t )Yes i Wo
Hick a.�nrriobiles 1 }Yes i )No
D Additional Insured Endorsement;
TM insurer agrees that the City of Runtington Beach and Its City Council,and/or all City Council appointed groups,
committees, commissions,boards and any other City Council appointed body,and/or elective and appointive officers,
sermna or emI5Noyeo of the City of Huntington Aeach,when acting as such are additional insureds hereunder,for the
acts of the Insured,atxf such insurance shall be primary to any insurance of the City of Huntington Beach.
}faltl 8arrraless Agraertr(t; Ry Insured;, tl s < x, t
Isiarsat ru f""" -
'" The i(isumd acgrews to protect,tfefand,indemnify and save harrtt?ess the Ci'` ntington Beach against loss,damage or
expensa by tenson oll any snits,claims,demands,judgments and eautes of action caused by insured,his emplayt'es,agents
or boy s((bctshitattar or by any third pitty arim trot of or in consequence of the performance of all or any operations
coVered by the certificate of insurance.
APPROVED AS TO FORM*
F. Flelaatka: GAIL HUTrOM
{City Attorney
By
saePuty City Attu" 9
1981 AUTHORISED REPRi~SE OATiVE OF tR URANCIc COMPANY
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0410 C SUA TC ' INSURANCE CO, � at autfark�sd�var�atar(rQfn�at
fi, ra AMM t+' MACNEn CO,s VC,
drat y 0 Box.3G2t3 -. w, Addzress�.V_ 0..� i
i fY Telephone It e.., Calif, 'Boos
i *w xtc C l nge MS .� BOX 2890 Te;E'IIdn-il AMOX j LOS AtIgel OS, CA 9005'
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Date November 24, 1982
Submitted to: honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrato 'pf �_�,
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eparedby=Office of Business and Industrial Enterprise
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SUPPLEMENTAL AGREEMENT NO. 1 TO EXISTING AGREE VI izY
REHABILITATION ADMINISTRATION SERVICES TO THE C
Statement of issue,Resommendation,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 wild 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.
RECU4MENDATION:.
Approve and authorize the City Clerk to execute the attached Supplemental Agree-
ment No. I.
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 numher of prior loans completed
b8 total
30 applications currently" being processed ,
In addition, the Rehabi.Zitation;Aoministrata _.
_. ..r has ,h+=en 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
adcesS,441e to the physically disabled. In addition, with the Rehabilitation
Administrator4s assistance, the City has garnered a set aside of funds from the,
Orange County`N"oitsing Authority to implement the Section 8 Moderate Rehabilitation
Program in the Oakvi w Redevelopront Project Area. This program will provi--,.-
rent subsidies to t+anants occupying units within this neighborhood which ire
rehaba1itated throUgh Cho NeigNborhood Enhancement Program and wiil permit rents ,
64 these units to be increased suffici'ently to cover the cost of the rehabilit�tio.n J
loan.., lo' phis programs it is important to note that the. tenants benefiting from �
the, :p`rbgeel still pay no mdre than 2S per-cont of their monthly income towards
thO rent Wth the balance being paid through Federal subsidies. The availability ��
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of these funds will help avoid any displacement of tenants as the Redevelopment
Agency activities in t�,e Oakview neighborhood continue. A comprehensive assess
:. ment and status report of the rehabilitation loans componpnt 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 ft listrator's contract for te
one year, staff will reevaluate this position in six m,,nths in conjunction with .;
the preparation of the BCD and City Budgets, This reevaluation is necessary
3 in light of the growing amount and diversity of activities required of the
Rehabilitation Administrator to support the City's ongoing Housing and ConxAunity
Development, Community and Neighborhood Enhancement and Redevelopment efforts.
In addition to implementation of the program.. enumerated above, it is also anti-
cipated tha ' 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 night of
these factors, staff will be presenting to the Council a recommendation in six ->
months regarding the most desirable mechanism by which to continue to secure
N
these services.
FINDING SOURCE:
U.S. Department of Housing Graz Lrban Development Dousing and "Community Develop-
ment Block Grant Program. Total funds not to exceed $41,250 for the one-,year
extension.
AGTERNAI VE ACTIOKS:
" Refer the Supplemental Agreement No. 1 attached back to staff for further <onsi-
aeration.;
ATTACHM-ENTS:
1.. Supplemental Agree nt lio, 1,
2� Original Agreement
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REQUES . FOR CITY COUNCIL ACTION
Date November 25, 1981
SUbtfiltted to, Honorable Mayor and City Council /�
Submitted by: Charles W. Thompson, City Administrato��" ,�
Prepared.by; Departmer;t of Development Services, NCD Divisio
Subject, APPROVAL OF CONTRACT FOR REHABILITATION AD14INI TOR ctx�c Ic
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Statement of Issue,Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On November 2, 1981, the City Council approvei a contract with John F. Wagers Jr.
to act as Rehabilitation Administrator on a contractijal basis for the City. Since , '
that time, Mr. Wager has informed the City that he w,il be unable to accept the
position. Therefore, staff is recommending the approval of an identical contract
with the next most qualified candidate: Patrick N. Dugc.in.
REC"ENDAT ION.:
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 amount not to exceed $37,500.
ANAL SIS
On September 21, 1981, the City Council acted to terminate the City's contract with
the consultant firm of Dill 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
as Rehabilitation Adminis4rator. Pursuant to this Council direction, the staff
requested proposals from three entities wishing to provide 'the services of Rehabili-
tation Administrator,_ interviewedrall three of these entities, and recommended to
the City'Council the selection of John F. Lager, Jr. for its consideration on
October 264 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. Mager has informed the. Cit,!
that he will not be able to accept the position. Therefore, staff is now recom- `
wndirig .approval of an identical contract with the next most qu0ified candidate,
Patricia N. Duggan. This contract and a statemei,t Duggan's qualifications
are'pttacbed<
The services to be provided by Mr. Duggan are ide.... _r to those previously approved
and include, but are not limited to: the design aid irirplementatiun of a marketing
prpgram for the Neighborhood Preservation Program, assistance to clients in all
phases. of rehabilitation work, coordination of purr chock and building permit r�e-
view 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 for the success of the program. These duties are specified in more
data#1 iii ltxbibit "A' of the attached contract.
a�
Page Two
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In return for theze services, Mr. Duggan will be compensated 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 aria Equal Employment Opportunities provisions req.1ired by
the Federal Government for all contacts funded with Housing and Community Develop-
ment funds. 11he attached contract was previously reviewed and approved by the
d City Attorney,
The HCp funded Neighborh7od 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 procured as quickly as possible, .
FUNDING SOURCE:
L.S. Department of Housing and Urban Cevelopn*nt, Housing and Community �eevelop-
meat Block Grant funds,
The compensation provided under the terms of this contract is consistent with
the mate of compensation for the Housing ind Community Development Assistant
position that was at one time authorized by the City Council butwhich will be
el;minated as a result of this position. There exists sufficient NCO Rehabili-
tation Loan Program: 'funds to cover the cost of this contract..
ALTERNATIVE ACTIONS
i. Authorize i full-time regular City employee to administer this program, and
authorize staff to advertise for this position.
2. Termini to the Neighborhood Preservation Program.
ATTACHMENTS;
1, Contract with Patrick N. Duggan.
2, StateMent of Patrick N. Duggan"s qualifications,
i�tT.TT,Sith.J
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1.
�. REQUEST FOR CITY COUNCIL ACTION
Date October 30, 1981
Submitted to: Honorable Mayor and City Council �
Submitted by: Charles W. Thompson, City Administrate ' ED�y C 2
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Prepared by: Department of Development Services, HCD Divisi N 'I I z .
subiect: APPROVAL OF CONTRACT FOR REHABILITATION ADMINIS�RATOR
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Backup Material Attached: [91 Yes C ]No o A r
F. .
Statement of issue, Recommendation,Analysis, Funding Source,,Alternative Ac ions:
STATEMENT OF ISSUE:
On October 26, 1981, the City Council approved the selection of John F. Wager,
Jr. from among three proposals to act as Rehabilitation Administrator on a
contractual basis for the City. Also at that time, the City Council authorized
staff to negotiate a contract with "lr. Wager for these services, and attached
is than 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 Adminirtrator for
period of one year and f r an amount not to exceed $37,500.
ANALYSIS;
On September 21, 1981, the City Council acted to terminate the ity'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 as 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', authorization
at that time, staff negotiated the terns cf the contract with ter.. Wager. The re--
suits tf these negotiations are embodied in 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
t
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a
F-
-Page Two
r,
for the success of the program. These duties are specified in more detail ,
in Exhiuit "A" of the attached contract. 4'
In return for these services, Mr. Wager will be compensated at the rate of :y
$ 6.50 per hour for hours actually worked. In addition, the contract also
provides that in six months, and upon satis,'actory performance, an increase
of five percent in this compensation could be granted at the optinn of the
City, The contract also contains the usual insurance and hold harailess provi-
sions required by the City on Fuch consultant service contracts, as well as S:
the Affirmative Action and Equal Enploynent Opportunities provisions required
by the Federal Government for all contracts funded with Housing and Communityi4*'`
Development funds. The attached contract has been reviewed and approved by
the City Attorney.
x FUNDING SOURCE: . '
U.S. Department of Housing 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 Assis"vit
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
contact.
ALTERNATIVE ACTIONS:
1, Authorize a full-time regular Cite employee to administer this program, and
authorize staff to advertise for this position.
Z. Term;nate the Neighborboed Preservation Program.
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