HomeMy WebLinkAboutWALTER LIPPS - 1984-05-21rr`
SUPPLEMENTAL AGREEMENT NO. 4 BETWEEN THE
CITY OF JUNTINGTON BEACH AND WALTER D. LIPPS
TO PROVIDE REHABILITATION ADMINISTRATION
SERVICES TO THE CITY
THIS SUPPLEMENTAL AGREEMENT NO. 4 to that certain
agreement between the same parties dateA May 21, 1384, is made
and entered into this day of
{
1988, by and betweeti the CT1Y OF HUNTINGTON BEACH, a municipal
corporation of the State of California, hereinafter referred
to as "CITY," and WALTE'R D. LIPPS, an individual, hereinafter
referred to as "CONTRACTOR."
WHEREAS, CITY continues to have a need for a
Rehabilitation Administrator, and desires to continue to fill
such need with an independent contractor; and
CIT`1's current contract with CONTRACTOR exp r" on
June 16, 1968; and
The partiez wish to renew that contract for an additional
t-�'P�.lve months and to increase the amount of compensation
therein.
NOW, THEREFORE, the parties co.tvenant and agree as follo,6s:
1. The term of the agreement between CITY and CONTRACTOR
is hereby extended for an additi.ona3 twei• -month period from
June 17, 1988, to June 1.6, 1989.
2, CONTR.ACTOR's compensation (as specif'ed in Paragraph
4, COMPENSATION, in the original agreement) is hereby
increased to Thirty -Three ,Dollar (*33.00) pvr hoer to be paid
by CITY in b -weekly in;.Lallmenls for hour~; actually t_-o:ked.
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3. That the provision for general liability insurance
policy naming the CITY as additional insured be eliminated.
4. Execution of this Supplement -.I Agreement in no way
modifies the provisions container a the original agreement
between CITY and CONTRACTOR, excep for these changes stated
herein, as executed on the 21st day of May, 1984.
IN WITNESS WHEREOF, the ra—ties hereto have executed this
agreement the day, month, and year first above written.
CONTRACTOR:
WALTER D. DIPFS �
ATTEST:
C4ty Clerk
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNI'INGTON BEACH
a municipal corporation of
the State of California
—TQ
Mayor 4;,ft °TA,.np00k,
APPROVED AS TO FORM:
9
City Attirnev/ /C4�
INITIATED AND APPROVED:
ctor of Community
Development
bd
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SUPPLEMENTAL AGREEMENT NO. 3
SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF
HU>NTINGTON BENCH, A MUNICIPAL CORPORATION,
AND WALTER D. LIPPS, AN INDEPENDENT CONTRACTOR,
TO PROVIDE REHABIK ITATION ADMINISTRATION:
SERVICES TO THE CITY
THIS SUPPLEMENTAL AGREEMENT NO. 3 to that certain agreement
between the same parties dated May 21, 1984, is made and entered
into this day of "<. 1987, by and
between the CITY OF HUNTINGTON BEACH, hereinafter referred to as
"CITY," and WALTER D. LIPPS, an individual, hereinafter referred
to as "CONTRACTOR."
W I T N E S S E T H:
RECITALS
WHEREAS, CITY continues to have a need for a Rehabilitation
Administrator, and desir-'— `o zontinue to fill such need with an
independent contractor, anu
CITY's rur'rent contract with COiTR11,CTOR expires on
June 16, 1987, and
The parties wish to renew that contract for an additional
year and to increase the amount of ::ompensation therein,
NOW, T-XiEREFOR.E, the parties convenant and agree as fogInws:
f` 1. The term of the agreement between CITYand CON —ACTOR
E is heteby extended for an additional one-year period from
', 1987, to June IG, 1988.
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2. CONTRACTOR's compensation (as s_Fecified in Paragraph n,
COMPENSATION, in the original agreement) is hereby increa—i to
thirty dollars ($30.00) per hour to be paid by CITY in bi-weekly
installments for hours actaally worked; with total compensation
not -to -exceed forty-five thousand dollars ($45.,000).
3. CONTRACTOR shall perform the agreed upon services for a
minimum of forty-nine (49) weeks during the term hereof.
4. That the provision for general liability insurance
policy ramin�3 the CITY as additional insured be eliminated.
5. Execution of this Supplemental Agreement in no way
modifies the provisions contained in the original agreement
between CITY and CONTRACTOR as originally executed on the 21st
day of May, 1984, except as provided herein.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the clay, month, and year first above written.
CITY OF HUNTSN `TON HEACiI,
CONTRACTOR: a n cipal c rp(gation
Falter D. Lipps
ATTEST:
Cit.Clerk
y
REVIEWED ,AND APPROVEFD
r a
City Adm is rat
5-12-87
f1562H
APPROVED AS TO FORM:
r' Cite tto
INITIATED AND APPROVED;
-44
:ty City A ministrator/
Redevelopment
e
1°
SUPPLEMENTAL AGREEMENT NO. 2
SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF
HUNTINGTON. BEACH, A MUNICIPAL CORPORATION,
AND WALTER D. LIPPS, AN I:NDEFENDENT CONTRACTOR,
TO PROVIDE REHABILITATION ADMINISTRATION
SERVICES TO THE CITY
THIS SUPPLEMENTAL AGREEMENT NO. 2 to that certain agreement
between the same parties dated May 21, 1984, is made and entered
into this day of 01986, by and betweeP
the CITY OF HUNTINGTON BEACH, hereinatter referred to as "CITY,"
and Wz1LTER D. LIPPS., an individual, heeinafter referred to as
"CONTRACTOR.„
W I T N S S S E T H:
RECITALS>
WHEREAS, CITY continues to have a need for a Rehabilitation
Administrator, and desires to continue to fill such need with an
independent contractor, and
CITY's current contract with CONTRACTOR expires on June 17,
1986, and
The parties wish to renew that contract for an additional
year and to increase the remount of compensation therein,
NOW, THEREFORE, the parties covenant and agree as follows
1. The term of to agreement between CITY and CONTRACTOR is
hereby extended for an additional one-year period from June 17,
19e6, to June 16, 1987.
2. CONTRACTOR'S compensation (as specified in Paragraph 4,
COMPENSATION, in the original agreement) is hereby increased to
twenty=seven -dollars (t27.0i) per hour to be pared by CITY kn,
bi-weekly installments for At,,urs actually worked.
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3. CONTRACTOR shall perform the agreed upon services for a
minimum of forty-nine (49) weeks during the term hereof.
4. Execution of this Supplemental Agreement in no way
modifies the provisions contained in the original agreement
between CITY and CONTRACTOR as originally executed on the 21st day
of May, 1984, except as provided herein.
IN WITNESS WHERE -OF, the parties hereto have executed this
agreement the day, .month, and year first above written.
CITY OF HUNTINGTON BEACH,
,A Municipal Corporation
Walter D. LiPps. Mayas ]".
ATTEST: APPROVED AS TO FORM:
City Clerk City City Attorney
REVIEWED AND APPROVED I VPU
D AND APF1iOVaD
City Adminis or cityAdlyd iiist"rator/
Redevelopment
1q
SUPPLBKENTAL AGREEMENT NO. 1
,SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH, A MUNICIPAL CORPORATION,
AND WALTER D. LIPPS, AN T_NDEPENDENT CONTRACTOR,
TO PROVIDE REHABILITATION ADMINISTRATION
SERVICES TO THE CITY
THIS SUPPLEMENTAL AGREEMENT to teat certain agreement between
the same parties dated May 21, 1984, is made and entered into this
day of , 1985, by and between the CITY OF HUNTINGTOx4
BEACH, hereinafter referred to as "u1TY," and WALTER D. LIPP-S, an
individual, hereinafter refeered 'o as "CONTRACTOR."
WI TNE.SSETH:
RECITALS:
WHEREAS, CITY continues to have a need. for a Rehabilitation
Administrator, and desires to continue to fill such need with an
independent contractor, and
CITY'a current contract with CONTRACTOR expires on June 17,
1985, and
The parties wish to renew chat contract for an additional year
and to increase the amount of c.ampensation. therein,
NOW, THEREFORE, the parties covenant and agree as follows:
1. The term of the agreement between C77Y and CONTRACTOR is
hereby extended for an additional one—year period from June 17,
1985, to June 16, 1986, on condition that this agreement is not
later found to violate Government Cade 0 21151 through 21158 by
the Public Employes Retirement System.
The panties hereby" agree to submit the gi.vhin agreement to
P.E.R.S. for review and a determination on such issue, and in the
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event this agreement: is deemed to so violate the above Government
Code sections, then CITY shall exercise its right to terminate,
pursuant to Section 3 of the original agreement.
2. CONTRACTOR's compensation (as specified in Paragraph 4,
COMPENSATION, in the original agreement) is hereby increased. to
twenty-two dollars and fifty cents ($22.50) per hour to be paid by
CITY in bi-weekly installments for hours actually worked.
3. CONTRACTOR shall perform the agreed upon services for a
minimum of forty-nine (49) weeks during the terry hereof.
4. Execution of this Supplemental Agreement in no way
modifies the provisions contained in the original agreement between
CITY and CONTRACTOR as originally executed on the 21st day of May,
1984, except as provided herein.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day, month, and year first above written.
CITY OP HUNTI.NGTON REACH
ATTEST
City Clerk
EViEWED ° D APPROVER:
C
City Admi . trat,o
Mayor°
APPROVED AS TO FORM:
City Attor
SNIT TED AND AP O
puty City AdminisFratorl`
Redevelopment
CONTRAC .'OR :
V a`Tte r D. -UT pps 1f
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I
AGREEMENT BETWEF,N CITY OF HUNTINGTON BEACH AND
WALTER LIPPS TO PROVIDE REHABILITATION PROGRA14
ASSISTANCE SERVICES TO THE CITY
13
THIS AGREEMENT, made and entered into this a/42- day of
t 1971, by and between the CITY OF HUNTINGTONBEACH, a
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municipal corporation of the State of California, hereinafter
referred to as "CITY," and WALTER LIPPS, an individual, hereinafter
referred to as "CONTRACTOR."
WHEREAS, CITY has a need for a Rehabilitation Program Assistant
(hereinafter referred to as "CONTRACTOR") and desires to fill that
position with an independent contractor to be hired on contract for
a limited term as provided herein, and
CITY has reviewed the requirements for the position of Rehabili—
tation Program Assistant, 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 duti*s
of a Rehabilitation Program Assistant and CONTRACTOR hereby accepts
and agrees to such contractual agreement.
F
CONTRACTOR agrees to conduct program service during CITY'S
normal business hours (8:00 a.m. to 5:00 p.m., Monday through
Friday) and provide said services at a minimum of twenty (20) hours
per week. Rehabilitation Program services shall be provided at the
CITY'S place of business, Huntington Beach Civic Centex, 2000 Main
Street, Huntington Beach, California, and at such other places and
times which shall be deemed necessary and prudent to the operation
of the program by the CITY. In addition, CONTRACTOR agrees to
provide the following specific services:
a) In,plementation of a marketing p-.gram 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.
b) Assistance to clients and potential clients in the
preparation of loan applications.
c) Liaison and communication with such financial
institutions having an interest in the program as
shall be designated by the CITY, including
coordination of loan processing and collection with
designated financial institutions and other CITY'
departments for properties benefiting from the program.
d) Shall make recommendations on the advisability of
funding loans, the potential risks of spec' fi . Loans
and specific funding amounts.
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e) Shall assist clients in assessing the rehabilitation
needs of properties and shall prepare appropriate work
write-ups for rehabilitation work.
f) Shall assist clients by reviewing construction bids
from general contractors or subcontractors.
g) Shall coordinate client plan check and building permit
activity of th:. Building division of. the Department of
Development Services.
h) Coordination of rehabilitation work in progress,
including quality of work inspections and approval of
progress ,payments,
i) Coordination of building permit inspections by staff
of the Building division of the Department of
Development Services.
j) 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.
k) Any and all other duties and responsibilities deemed
by the CITY to be necessary and prudent for the
success of the Program.
2. TERM
The term of this agreement shall be for one (1) year and,
shall commence on _ and shall terminate
3..
CONTPACT0,1 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. 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 eighteen dollars ($1.8.00) 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 not exceed thirty-five thousand.
($35,000) dollars. CITY shall provide to CONTRACTOR, at no expense
to CONTRACTOR, reasonable office space, including: desk, file
cabinets, telephone, secretarial support, stationary and any other
office equipment deemed necessary.
5. PERFORMANCE
CONTRACTOR shall, at all times, faithfully, industriously,
and to the best of his ability, experience and talent, perform all
duties that may be required of and from him pursuant to the express
and implicit terms hereof, to the reasonable 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.
4.
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6. ENTIRETY
This written agreement contains the sole and entire agree-
ment between the parties. It supersedes any and all other agree-
ments between the parties. The parties acknowledge and agree thtt
neither of them has made any representation with respect to the
subject matter of this agreement or any representations inducing the
execution and delivery hereof except such representations as are
specifically set forth herein, and each party acknowledges that he
or it has relied on his or its own judgment in entering into the
agreement. The parties further acknowledge that any statements or
representations that may have heretofore been made by either of them
to the other are void and of no effect and that neither of them has
relied thereon in connection with his or its dealiyn with the other.
7. WAIVER
No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be valid
unless in writing and duly executed by the party to be charged
therewith. Furthermore, no evidence of any waiver or mortification
ehall be offered or received in evidence in any proceeding, arbi-
tration, or litigation between the parties arising out of or
affecting this agreement, or the rights or obligations of any party
hereunder, unless such waiver or modification is in writing, duly
executes: as aforesaid. The provisions of this paragraph may .not be
waived excep,, as herein set forth.
8. DISCRIMINATION
CONTRACTOR agrees that in the performance of the terms of
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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 handi-
cap, medical condition, marital status, or sex of such persons,
except as provided in Labor Code Section 1420. 'Violation of this
provision may result in the imposition of penalties referred to in
Division 2, Part 7, Chapter 1 of the California Labor Code.
9. FEDERALLY MANDATED REQUIREMENTS
a) The CONTRACTOR will not discriminate against any
employee or applicant for employment because of race, creed., sex,
color or national origin. The CONTRACTOR will take affirmative
action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, creed,
sex, color or rational origin. Such action s:iall 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 apprenticeship. 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 nondiscrimination 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.
6.
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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 Sept.;enfoer 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 of September 24, 1965, and
by the rules, regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his booms, records., and
accounts by the CITY'S Division of Housing 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 noncompliance clauses of this CONTRACT or with any such rules,
regulations or orders, this CONTRACT may be cancelled, 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 may be imposed and remedies invoked
as provided in Zxecutive Order 1.1.246 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 the
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 112*6 of
September 24, 1965, so that such provisions will be binding upon
ep.ch subcontractor or vendor. The CONTRACTOR will take such action
with respect to any subcontract or purchase order as the CIT1''S
Division of Housing and Community Development may direct as: a means
of enforcing such provisions including sanctions for noncompliance,
provided, however, that in the event that CONTRACTOR becomes
involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction, the CONTRACTOR m?; request
the United States to enter into such litigation to protect the
interests of the United States.
10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agiees to defend, indemnify and '-old
harmless CITY, its officers, agents and employees, from and against
any and all liability, damages, costs, losses, claims and expenses,
however caused, resulting directly or indirectly from or connected
with CONTRACTOR'S performance of this 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 tc 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 directiorx
of the work to be performed 'hereunder).
11. WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of the
Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the
California Labor Code and all amendments thereto; and all similar
state or federal acts or laws applicable; and shall indemnify,
defend and hold harmless CITY from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature
and description, including attorney's fees and costs, presented,,
brought or recovered against CITY, for or can acccun.t 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,
12. 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 ars additional insured. The policy
shall insure CITY, its officers and employees, while acting within
the scope of their duties, against all claims arising out of or in
connection with performance of this agreement. 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
t
that any other insurance carried by CITY which may be applicable
shall be deemed excess and CONTRACTOR'S insurance primary despite
any c'?nflicting provisions in CONTRACTOR'S policy to the contrary.
13. INDEPENDENT CONTRACTOR
It is further understood and agreed that CONTRACTOR is, and
shall be, acting at all times as an independent contractor herein
and not as an employee of CITY_ CONTRACTOR shall secure at his
expense, and be responsible for any and all payments of income tax,
social security, state disability insurance compensation,
unemployment compensation and other payroll deductions •fear
CONTRACTOR and his officers, agents and employees and all business
licenses, if any, in connection with the services to be performed
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment the day, month and year first above written.
INDEPENDENT CONTRACTOR
Walter D. Lipps
ATTEST:r'
,r
City Clerk ,s
REV I "D AF O
City Administrator r�
TE:klh
2/23/84
CITY UNTINGT CH,
A muni -^F ar r on
or
APPROVED S, TO FORM-
`-`
f6e-City Attorney 7`9
10.
INI F, PROVED:
e al ects Coordinator
. , ..r CLRTIFICATE OF INSURANCE ApprovFxl 3S ti. Form
" Gail Hutton, Oty Attorney
TO
CITY OF HUNTINGTON BEACH, CALIFORNIA
„ 24-1, 1 A 4tt,4ts BY
ra I
.r M.nauar ®psim-4 A MUNICIPAL CORPORATION
1 his Is to cart,fy that t'la policies of insurance as described below have been issued to the insured by tlls undersigned anti aze in force
at this time I' these policies are zancel.ad or changed in such a manner that will affect this car^-ificate., the insurance company agrees
to give 10 days prior written notice, by mail, to Citsi of Huntington Beach P. 0. Box 711, K-niington Beach, California 92648 ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE tiff THIS FORM SHALT. BE SIGNED AND DATED B4' '+N
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY
Name of Insured Walter Lippg
Address of Insurer! G'/C?'1tSF Ci Win -ingf-nn Beach. p_ Q. RUX 190. iTLtiltil aton Beach,,W2648
Location of Work or Operations to be performed onno *Q')ZAZ
Description of Work or Operations Consult ant
_.
POLICIES IN FORCE
POLICY NO,
POLICY DATES
LIMITS OF LIABILITY
in Thousands (000)
NAME OF COMPANY
IINS.)
Effective
Expiration
GENERAL LIABSL-TY
! I COMPREHENSIVE FORM
$ o,_ CSL
West .American.
i>d PREMISES OPERATIONS
to follow
6-11-84
-11-85
Each Occuranco
1 I F %PLOSION AND
r. Lt. APSE HAZARD
1 1 UNDERGROUND HAZARD
I I PROOUCTS COMPLETED
OPERATIONS HAZARD
11 CONTRACTUAL
INtURANCE
1 I BROAD FORM
PROPERTY DAMAGE
I I INDEPENDENT
CONTRACTORS
l 1 PERSONAL INJURY
AUTOMOBILE LIABILITY
I I COMPREHENSIVE FORM
I I OWNED
I I HIRED
$_ csL
Fac'l OccurancO
1 I NOrI-OWNED
E XCESS LIABILITY
I I LIM13RELLA FORM
I 1 OTHER THAN
$
UMBRELLA FORM
'AORKERS` COAMPENSATION
and
EMPLOYERS' LIABILITY
Additional Insured Endorsement:
The Insurer agrees that the City of 4<mtington Beach and its City Council, and/or all City Council appointed groups, committee
commissions, boards and any other City Council appointed body, mild/or elective and appointive officers, setvanu or employees of tl
Dry of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, rid such (nsuranctl slid).
he primary to any insurance of the City of Huntington Beach, as their interest may appear,
Date June 11 1984 AUTHORIZED REPRESENTATIVE OF•INSURANCE COMPANY
INSURANCE COMPANY _jes;t_Atn -ri .ail — By Erin CA
t
Name Address
Address P. 0. .BOX 3020
City Fullerton, Ca 92634 City Huntingan Beach, Ca 92647
. Telepl*ane 71.1d�.=:�R7
HOLD HARMLESS AGREEMENT
(to be executed by insured)
The Insured _ ^, agrees to protect, defend, indemnify, save, and hold harmless the city of Huntington Beach its
officer_, agents, and employees against any liability, loss, darn3ge„ cost, or expense by reason of any ;and all liability, suits, claims,
demands, judgments and causes of action caused by inllured. Ws employees, agents or any subcontractor or by any third party arising
out of or in consequence of the perYortnance of all or any operations or a "vity for which this certii kate of insurance is iurnis -d.
' (1) Sole Propnetonhip (2) Partrtertbip 13) Co s'on (4) her( lei..•
HOLD HARI'LESS SIGNED: By Insured: " + ill RLt3at3i33 tiC � }�r.S535tzSltt
a._
iAll nisnum shall be printed or typed By insured, Titla
haloes each inenature.l _
If Corporation, TWO Officers must sign, or present evidenceipf authorization to bind Corpotation
AL
� RH 88-23
REQUEST :lea "'
July 5; 1988
[late
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul E. Cook, City Administrator
i
Prepared by: Douglas N. La Belle, Deputy City Administrator/Community Developmen
Subject: ANNUAL RENEWAL OF CONTRACT FOR REHABILITAs�',
A.DNUNISTRATOR. - �t
�7cy New [) Pc. or Exceptic otm
Consistent with Council Policy? � Yes
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative A do , ttachments:
STATEMENT OF ISSUE:
On May 22, 1987, the City Council approved an agreement with Walter D. Lipps to
administer the Housing Rehabilitation Loan Program as an independent contractor.
Through Supplemental Agreement Nos. 1, 2, and 3, this contract was extended until
June 16, 1988.
Attached is Supplemental Agreemen; No. 4 which will extend the Agreement for an
additional year (June 17, 1988 to June 16, 1989), and will increase the contractor's
compensation by three ($3,00) per hour.
ItE-QMMENDATIQN:
Approve the Supplemental No. 4 Agreement and authorize the City Clerk to execute the
contract with the contractor.
ANALYSIS:
In the past few years, there has been a marked increase in the number of rehabilitation
loans processed utilizing Community Development Block Grant funds, while at the same
time, administration costs have not exceed. nine (9) percent.
Over the past ten (10) months, Mr. Lipps has processed sixty-six (66) rehabilitation loans
totaling $668,000. Of these loans, twenty-nine (29) are deferred payment loans and
generated no annual income to the program, however, thirty-seven (37), below -market -
rate loans were processed which will generate an annual interest and principal income of
$48,519.
The Housing Rehabilitation .Loan Program has made significant strides since its inception
having 236 current active loans with balances totaling $2,670,905, There are one
hundred, eleven (l H) active, below -market -rate loans which are generating projected
annual income of $184,516.
Pto 5186
The City's Fourteenth Year Submission approves $150,000 for housing rehabilitation,
which coupled with projected income of $296,000, provides $446,000 for FCC 88/89. The
average loan amount for FY 8788 was approximately $12,000. 1t is anticipated that loan
activity for the upcoming year will meet or exceed last year's amounts..
Thorefore, staff is recommending that Mr. Walter D. Lipps be retained as the
Rehabilitation Administrator to ensure the successful progress of the City's Housing
Rehabilitation Loan Program and to maintain both safe and descent housing within the
community.
FUNDING SOURCE,
Community Development Block Grant Housing Rehabilitation Program; total funds not to
exceed $49,500 for the one -.year contract.
ALTERNATIVE ACTION:
Do not approve Supplemental Agreement No. 4, and direct staff to either re -negotiate
contract or seek additional proposals from qualified individuals or firms.
ATTA LAMENTS:
1. Supplemental Agreement. No. 4
2. Original Contract.
PEClDLBICPS:lp
0627H
P
Q`
REQUESP�OR CITY
N
H 87-34
Date r May 22, 1987
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administrato
Prepared by: Douglas N. La Selle, Deputy City AdministratorJRedevelopment
ANNUAL RENEWAL OF CONTRACT FOR REHABILITATION
Subject: AeP€ OVED BY CITY CC:3L N, CTL
-- -- — ---- f _ i 9
12
Consistent with Council Policy? Yes (} New Policy or Exception—
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
On \lay 2, 1984, the City Council approved an Agreement with %Walter D. Lipps to
administer the Housing Rehabilitation Loan Program as an independent contractor.
Through Supplemental Agreement Numbers I and 2, this contract was extended until
June 16, t 987.
Attached is Supplemental Agreement No. 3 which will extend the Agreement for an
additional year (June 17, 1987 to une 16, 1988), and will increase the contractor's
compensation by three ($3.00) per hour.
RECOMMENDATION:
Approve the Agreement (Supplemental No. 3) and autctorize the City Clerk to execute
the contract with the contractor.
ANALYSIS:
In the past three years, there has been a marked increase in the number of
rehabilitation loans processed utilizing Community Development Block Grant funds,
while: at the same time, administration costs have not exceeded trine (9%) percent, to
prior years these administrative costs have exceeded fourteen (14%) percent when
-'.ministered by other contractors.
Over the past ten (10) months, Mr. Lipps has processed sixty-two (62) rehabilitation
loans total"Ing $619,914. Of these loans, thirty-one (31) are deferred payment loans. ane
generate no annual income to the program; however, thirty-one (31) bei•iw-markel-
loans were processed which will generate an annual interest and principal in
of $44,27).
The dousing Rehabilitation Loan Program has made significant strides since its
inception having 210 current active loans whose balance, total $2,271,2&& There are
ninety-three (93) active, below -market -rate loans which are generating projected
annual income of $180,000.
Pro 6/85
The City's Thirteenth Year Submission approves $450,000 for housing rehabilitation,
which coupled with projected income of $180,000, provides $630,000 for FY 87-89. The
average loan amount for FY 86-87 was approximately $11,500. It is anticipated that
loan activity for the upcoming year will meet or exceed last years amounts.
Therefore, staff is recommending that Mr. Walter D. Lipps be retained as the
Rehabilitation Administrator to ensure the successful progress of the City's Housing
Rehabilitation Loan Program.
FUNDING SOURCE:
Community Development Block Grant Housing Rehabilitation program, total funds not
to exceed $45,000 for the one-year contract.
ALTERNATIVE ACTION:
Do not approve Supplemental Agreement Nc. 3 and direct staff to either re -negotiate
contract or seek additional proposals from qualified individuals or firms.
ATTACHMENT'S:
1. Supplemental Agreement No. 3.
2. Original Agreement.
C% T/DL6/CPS:sar
3197h
REQUEfflf FOR CITY C UNC ACTION
Rh 86A5
Date
Submitted to: Honorable Mayor and City Council. Members
Submitted by: Charles \V. Thompson, City AdministratorTY CO
C�TY CO
Prepared by�f Douglas N. LaBelle, Deputy City Administrator
Subject: ANNUAL RENEWAL OF CONTRACT FOR REHAB 1��'3ir N
ADMINISTRATOR ,
_ - cr?x
Consistent with Council Policy? K Yes j j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:y{
STATEMENT OF ISSUE:
On May 2, 1994, the City Council approved an agreement with 1X-alter D. Lipps to
administer the Housing Rehabilitation Loan Program as an independent contractor.
Through the Supplemental Agreement No. 1, this contract was extended for another
year, beginning June 17, 1985, and commencing June 16, 1986. Attached is Supplemental
Agreement No. 2 which will extend the Agreement for an additional year (June 17, 1986
to June 16, 1987), and will increase the contractor's compensation by Four Dollars and
Fifty Cents ($4.50) per hour.
RECOMMENDATION:
Approve the Agreement (Supplemental No. 2) and authorize the City Clerk to execute
the contract with the contractor.
ANALYSIS;
1n the past two years, there has been a marked increased in the number of loans
processed through the CDBG program, while at the same time, administration costs
have significantly decreased. The Rehabilitation Administrator, Mr. Walt Lipps, has
processed fifty-nine (59) rehabilitation loans totaling $519,700 over the past ten
months. Of these loans, twenty-nine (29) are deferred payment loans and generate no
annual income to the program; however, thirty (30) below -market -rate loans were
processed which wi)l generate an anneal interest and principal income of $42,U24.
Administrative overhead costs associated with the contractor amount to just 5.5% of
the total program. In prior years, administrative costs have exceeded 14`,6 when
administered by other contractors.
The Rehabilitation program has made significant strides since its inception with over
132 current active loans whose balances total $1,491,681. There are seventy-three (73)
active, below -market -rate loans which are generating are annual income of .$131 280.
The cixy's Twelfth Year submission approves $400,00+0, which coupled with the
$131,280, will provide $531,280 for fiscal }ear 1986-87. The average loan amount for
last year was approximately $9,000; the funds available for newt year will accommodate
approximately fifty-nine (59) loans (the same amount processed last year).
Plo Sias
o.
Therefore, staff is recommending that Mr. Walter D. Lipps be retained as the
Rehabilitation Administrator to ensure the successful progress of the eity's (dousing
Rehabilitation Loan Program.
ALTERNATIVE ACTION:
Do not approve Supplemental Agreement No. 2 and direct staff to either re-negotiaro
contract or seek additional proposals from qualified individuals or farms.
ATTACHMENTS:
1. Supplemental Agreement No. 2.
2. Original Agreement.
FUNDING SOURCE:
Community Development Block Grant program, total funds not to exceed $38,000 for
the one-year contract.
C`,' T/S3H:ip
M
July 30, 1984
Walter Lipps
%City of Huntington Beach
2000 Hain Street
Huntington Beach, CA 92648
The City Council of the City of Huntington Beach at its regular
meeting held Monday, May 21, 1984 approved an agreement with you
for Rehabilitation Program Assistance Services to the City.
Enclosed is a duly executed copy of said agreement together with
a copy of the Certificate of Insurance which you submitted.
Alicia M. Wentworth
City Clerk
A14W:CBtbt
Enclosures
CC: Judy John, Finance CeparfAvent
a
REQUEfr FOR CITY COUN& ACTION Rx 84-4
y �4i
S i a
Data May 1:5,s 1984
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administra o --; b cz
..�C3i7 CIZ
Prepared by: Charles P. Spencer, Special Projects Coor d 1
Subject: APPROVAL OF CONTRACT FOR REHABILITATION ASSI
Slri7
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
The City Council approved funds in the amount of $35,000 for a
Rehabilitation Assistant, on a contractual basis, when they adopted the
1983-84 H.C.O. Budget.: The following recommendation is a result of
reviews conducted by staff of solicitations (Statement of Qualifications)..
RECOMMENDATION:
Approve and authori:re the City Clerk to execute the attached contract to
obtain the services of Walter D. Lipps, in the capacity of Rehabilitation
Assistant for a period of one year, to be compensated at $18.00 per hour,
for a minimum of 20 hours per week,
ANALYSIS:
On January 3, 1984, the City Council approved the proposed reorganization
within the H.C.D. Department. In line with this reorganization, the City
Council approved the transfer of our contractual Rehabilitation
Administrator to a li;nited-term position of Community Development
Specialist. His primary responsibility was the administration of the
Housing Rehabilitation Program, therefore, it was not necessary to fill
the previously approved Rehabilitation Assistant position. His current
role will be the responsibility of administering the Housing Relocation
Assistance Program and services of a contractual Rehabilitation Assistant
is imperative, at this time.
The services to be provided by 'Walter D. Lipps include, but are not
l i— °ted to:
assistance to clients in all phases of rehabilitation work
coordination of plan check and building permit review
work inspections
plan checks through the City's Building Division
all duties deemed to be appropriate and necessary for the success
of the program. (These duties are specified:: in detail in Exhibit
"A" of the attached contract:)
RH 84 -4
May 15, 1984
Page Two
In return for these services, Walter D Lipps will be compensated at the
rate of $18.00 Der hour for hours actually worked. The contract also
contains the usual insurance and hold harmless provisions required by the
City on such consultant service contra,.ts, 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 Housing and Urban Development, Housing and Community
Development. Block Grant Funds.
ALTERNATIVE ACTION:
1. Terminate the Rehabilitation Program.
ATTACHMENTS:
Rehabilitation Assistant contract between the City of Huntington Beach and
Walter D. Lipps,
CWT/TT:Ip
W .
REQUAT FOR 'CITY CUNAL
ACTION -4
�^
nH
Date
May 15, 1984
Submitted to:
Honorable Mayor and
City Council Members
Submitted by:
Charles W.
i r
City Admi Vf l
OZr��
Thompson,
ni strato
Lx� co
Crr
Prepared by:
Charles P. Spencer,
Special Projects Coor
s` d-
Subject:
APPROVAL OF CONTRACT
FOR REHABILITATION ASSIST
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The City Council approved funds in the amount of $35,000 for a
Rehabilitation Assistant, on a contractual basis, when they adopted the
1983-84 N.C.D. Budget. The following recommendation is a result of
reviews conducted by staff of solicitations (Statement of qualifications).
RECOMMENDATION:
Approve and authorize the City Clerk to execute the attached contract to
obtain the services of Walter D. Lipps, in the capacity of Rehabilitation
Assistant for a period of one year, to be compensated at $18.00 per hour,
for a minimum of 20 hours per week.
ANALYSIS:
On January 3, 1984, the City Council approved the proposed reorganization
within the H.C.D. Department. In line with this reorganization, the City
Council approved the transfer of our contractual Rehabilitation
Administrator to a limited -term position of Convrunity Development
Specialist. His primary responsibility was the administration of the
Housing Rehabilitation Program, therefore, it was not necessary to fill
the previously approved Rehabilitation Assistant position. His current
role will be the responsibility of administering the }lousing Relocation
Assistance Program and services of a contractual Rehabilitation Assistant
is imperative, at this time.
The services to be provided by Walter D. Lipps include, but are not
limited to:
assistance to clients in all phases of rehabilitation work
coordination of plan check and building permit review
work inspections
plan checks through the City`s Building Division
all duties deemed to be appropriate and necessary for the success
of the program. (These duties are specified in detail in Exhibit
"A" of the attached contract)
NO 4181
'ram
RH 84-4
May 15, 1984
Page Two
In return for these services, Walter L t.ipps will be compensated at the
rate of $18.00 per hour for hours actually worked. 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
Development funds. The attached contract has been reviewed and approved
by the City Attorney.
U.S. Department of Housing and Urban Development, Housing and Community
Development Block Grant Funds.
ALTERNATIVE ACTION:
1. Terminate the Rehabilitation Program.
Rehabilitation Assistant contract between the City of Huntington Beach and
Walter 0. Lipps.
C'W'T / TT : l p
AGREEMENT LETWEE; CITY OF HUNTINGPON BEACH AND
WALTER LIPPS TO PROVIDE REHABILITATION PROGRAM
ASSISTANCE SERVICES TO THE CITY
THIS AGREEMENT, made and entered into this day of
In , by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," and WALTE.R LIFPS, an individual, hereinafter
referred to as "CONTRACTOR."
WHEREAS, CITY has a need for a Rehabilitation Program Assistant
(hereinafter referred to as "CONTRACTOR")and desires to fill that
position with an independent contractor to be hired on contract for
a limited term as provided herein, ,tnd
CITY has reviewed the requ:,- :its for the position of Rehabili-
tation Program Assistant, anc. lound CONTRACTOR to be qualified.
and is willing to cont-act 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 herby contracts with CONTRACTOR outside the CITYe8
personnel system as an independent contractor to fulfill the duties
of a Rehabilitation Program Assistant and CONTRACTOR hereby accepts
ar.a agrees to such contractual agreement.
No
Ask
CONTRACTOR agrees to conduct program service during CITY' S
normal business hours (8:00 _:..m. to 5:00 p.m., Monday through
Friday) and provide said ser.vit a minimum of twenty (20) hours
per week. Rehabilitation Progr rt rvices shall be provided at the
CITY'S place of business, Hunti=. -rn .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
of the program by the CITY. In addition, CONT AC''JR agrees to
provide the following specific services:
a) 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.
b) ?Assistance to clients and potential clients in the
preparation of loan applications.
c) Liaison and communication with such financial
institutions having an interest in the program as
shall be designated by the CITY, including
coordination of loan processing and collection. with
designated financial institutions and other CITY
departments for properties benefiting from the program.
d) Shall make recommendations on the advisability of
fundingloans, the potential risks of specific loans
and specific funding amounts.
2.
e) Shall assist clients in assessing the rehabilitation
needs of properties and shall prepare appropriate work
write-ups for x.ehabilitation work.
f) Shall assist clients by reviewing construction' bids
from general contractors or subcontractors..
g) Shall coordinate client plan check and building permit
activity of the Building division of the Department of
Development Services.
h) Coordination of rehabilitation work in progress,
including quality of work inspections and approval of
progress payments.
i) Coordination of building permit inspections by staff
of the Building division of the Department of
Development Services.
j) Responsibility for preparation of loan closeout upon
the completion of the rehabilitation work and the
coordination of the recordation of the trust deedto
secure the rehabilitation loan.
k) Any and all other duties and responsibilities deemed
by the CITY to be necessary and prudent for the:
success of the Program.
2. TERM
The term of this agreement shall be for one (1) year and
shall commence on !�q s and shall. terminate
3«
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. OPTION TO TERMINATE
Either party has the right to terminate this agreement at
any time, after the effective date of the terse 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 eighteen dollars ($1g.00) 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 not exceed thirty-five thousand
($35,000) dollars. CITY shall provide to CONTRACTOR, at no expense
to CONTRACTOR, reasonable office space, including: desk, file
cabinets, telephone, secretarial support, stationary and any other
office equipment deemed necessary.
5. PERFORMANCE
CONTRACTOR shall, at all times, faithfully, industriously,
and to the best of his ability, experience and talent, ,perform: all
duties that may be required of and from him pursuant to the express
and implicit terms hereof, to the reasonable 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 agree-
ment between the parties. It supersedes any and all other agree—
ments between the parties. The parties acknowledge and. agree that
neither of them has made any representation with respect to the
subject matter of this agreement or any representations inducing the
execution and delivery hereon except such representations as are
specifically set forth herein, and each party acknowledges that he
or it has relied on his or its own judgment in entering into the
agreement. The parties further acknowledge that any statements or
representations that may have heretofore been made by either of them
to the other are void and of no effect and that neither of them has
relied thereon in connection with his or its dealings with the other.
7. WAIVER
No waiver or modification of this agreement or of any
covenant, condition, or limitation herein contained shall be valid
unless in writing and duly executed by the party to be charged
therewith. Furthermore, no evidence of any waiver or modification
shall be offered or received in evidence in any proceeding, arbi-
tration, or litigation between the parties arising out of or
affecting this agreement, or the rights or obligations of any party
hereunder, unless such waiver or modification is in writing, duly
executed as aforesaid. The provisions of this paragraph may not be
waived except as herein set forth.
S. DISCRIMINATION
CONTRACTOR: agrees that it, the pe.r.:ormance of the terms of
Adsk
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 handi-
cap, medical condition, marital status, or sex of such persons,
except as provided in Labor Code Section 1420. Violation of this
provision may result in the imposition of penalties referred to in.
Division 2, Fart 7, Chapter 1 of the California Labor Code.
9. FEDERALLY MPONDATED REQUIREMENTS
a) The CONTRACTOR will not discriminate against any
employee or applicant for employment because of race, creed:, sex,
color or national origin. The CONTRACTOR will take affirmative
action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their rase, creed,
sex, color or national origin. Such action shall include, but not
be limited to, the followings 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 apprenticeship. 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 nondiscrimination 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 rage, creed_, color,
sex, or national Origin.
6.
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 he 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.
e) Tile 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 thereto, and will permit access to his books, records, and.
accounts by the CITY'S Division of Housing 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 noncompliance clauses of this CONTRACT or with any such rules,
regulations or orders, this CONTRACT may be caizcelled, 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 may be imposed 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 the
paragraphs (a) through (g) in every subcontract or purchase order
unless exempted by rules, regulations or orde -Xf 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 direct as . '-ins
of enforcing such provisions including sanctions for noncompliance,
provided, however, that in the event that CONTRACTOR becomes
involved in, or is threatened with, litigation with a subcontracto
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.
10. INDEMNIFICATION, DEFENSE, HOLD HAP -BLESS
CONTRACTOR hereby agrees to defend, indemnify and hold
harmless CITY, its officers, agents and employees, from and against
any and all liability, damages, costs, losses, claims and expenses,
however caused, resulting directly or indirectly from or 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
9
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).
11. WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of the
Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the
California Labor Code and all amendments thereto; and all similar
state or federal acts or laws applicable; and shall indemnify,
defend and hold harmless CITY from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature
and description, including attorney's fees and costs, presented,
brought or recovered against CITY, for or on account of any
liability under any of said acts which may be incurred by reason of
any work to be performed by CONTRACTOR under this agreement.
12. 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 officers and employees, while acting within
the scope of their duties, against all claims arising out of or in
connection with performance of this agreement. The policy shall
provide for not less than the following amounts Combined single
limit bodily injury a4ad/or property damage of t3OO,OOO 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.
13. INDEPENDENT CONTRACTOR
it is further understood tnd agreed that CONTRACTOR is, and
shall be, acting at all times as an independent contractor herein
and not as an employee of CITY. CONTRACTOR shall secure at his
expense, and be responsible for any and all payments of income tax,
social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for
CONTRACTOR and his officers, agents and employees and all business
licenses, if any, in connection with the services to be performed
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment the day, month and year first above written.
INDEPENDENT CONTRACTOR
Z1 7-�-
Walter D. Lipps
ATTEST:,-
City Clerk f�
REV D AP O
City Administrator
TE:klh
2f 23/84
CITY UNTINCT . ACH,
A muni i r ar on
c. r
APPROVED s Ta FORM:
i ty Attorney -t-�-_'
lNI
` E. PROVED:
6-e al' eats Coordinatar
I