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HomeMy WebLinkAbout1977-19 CRA , . . . . -.. EJC:adg 8/18/77 ----~ ---- RESOLUTION NO. 77-19 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AN AGREEMENT BETWEEN THE COMMUNITY REDEVELOP- MENT AGENCY OF THE CITY OF SANTA ANA AND FELIX ORAMAS FOR RESIDENTIAL AND COMMERCIAL RELOCATION SERVICES. WHEREAS, the Conununity Redevelopment Agency of the City of Santa Ana desires to enter into an agreement with Felix Oramas, for his services in connection with residential and commercial relocation for implementation of the Community Redevelopment Project; and WHEREAS, Felix Oramas has agreed to perform the desired services in accordance with the terms and conditions set forth in said agreement. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana as follows: 1. The agreement between the Community Redevelopment Agency of the City of Santa Ana and Felix Oramas for services is hereby approved. 2. The Chairman is hereby authorized and directed to execute said agreement on behalf of the Community Re- development Agency of the City of Santa Ana. ADOPTED this by the following vote: ,1977, 23rd day of August AYES: MEMBERS: Brandt, Bricken, Garthe, Ortiz, ward, Yamamoto NOES: MEMBERS: None ABSENT: MEMBERS: Evans ATTEST: R~k::~ Executive Director/ Recording Secretary Counsel 3B .':' . . . . . . ..t. . . EJC:adg 8/18/77 AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND FELIX ORAMAS. 'THIS AGREEMENT, made and entered into this 1st day of September, 1977, by and between the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic, hereinafter referred to as "AGENCY", and Felix Oramas, an individual, hereinafter referred to as "CONTRACTOR", !.!!!!!§.§.!!!! RECITALS 1. AGENCY is undertaking certain activities necessary for the implementation of the Community Redevelopment Project (hereinafter referred to as "PROJECT"), the boundaries of which are delineated on the attached map incorporated herein as Exhibit "A". 2. AGENCY has undertaken a certain project designated as the "Housing Clearance Replacement Program," funded in part from monies made available pursuant to Title I of the Housing and Community Development Act of 1974 (Public Law 93-383). 3. AGENCY requires expertise in residential and commercial relocation and desires to obtain the services of CONTRACTOR for such purposes, and CONTRACTOR is willing to accept such employment as an independent contractor and has represented that he is qualified to provide such services to AGENCY . WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I EMPLOYMENT OF CONTRACTOR AGENCY does hereby employ CONTRACTOR to perform the services hereinafter set fofth in connection with residential 1. 3B . . . . . . ~ . . . and commercial relocation activities of AGENCY for the compensation and upon the terms and conditions set forth herein; and CONTRACTOR hereby accepts employment and agrees to perform said services for compensation and upon the terms and conditions set forth herein. II SCOPE OF SERVICES CONTRACTOR agrees to provide residential and commercial relocation services as directed by the Executive Director of AGENCY. CONTRACTOR's duties shall include but not be limited to: 1. Supervising the relocation activities of AGENCY, coordinating such activities with acquisition and the social services program of AGENCY. 2. Fully informing eligible persons at the earliest possible date as to the availability of relocation payments and assistance. 3. By direct personal interviews, determining the extent of need of each eligible person for relocation assist- ance. 4. Providing current and continuing information on the availability of sales and rental housing to eligible relocatees. 5. Securing available, adequate replacement housing meeting approved standards. 6. Supplying to eligible displaced persons information concerning Federal and State housing programs. 7. Providing advisory services to eligible persons with regard to housing, financing and other assistance as required. 8. Assisting each eligible person in completing the applications and forms required. 9. Assuring adequate inspection of all relocation housing resources utilized by displaced persons. 2. 3B . . . . . . . . . . 10. Preparing precise Teports and maintain all records of relocation Tequired by Federal and State agencies and administrative staff of AGENCY. ~l. Evaluating and analyzing Federal and State laws on relocation eligibility and benefits. 12. Performing duties as requested by the Executive Director of AGENCY. III TERM OF AGREEMENT The term of this Agreement shall commence on September 1,1977 and shall continue to and including August 31,1979, unless this Agreement is sooner terminated as provided in section IV or by operation of law. IV TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Should this Agreement be terminated during any calendar month, the payment specified herein shall be prorated on a calendar basis for the number of actual calendar days or hours worked which have ex- pired prior to the effective date of termination. Notwi th- standing the above, if CONTRACTOR is terminated for cause, such termination shall become immediate, and CONTRACTOR shall forego all rights under this contract not accrued and AGENCY has a right to withdraw and immediately cease all benefits specified in this contract. V PERFORMANCE STANDARDS FOR SERVICES It is agreed by the parties that CONTRACTOR is an independent contractor and not an employee of AGENCY or the City of Santa Ana. CONTRACTOR shall devote his full time to the performance of the services as outlined in this Agreement. 3. 3B . . . . . . . . The ~inimum time contemplated under the full time provision of this paragraph shall be considered to be £rom 8 A.M. to 5 P.M., Monday through Friday throughout forty-nine (49) weeks of each calendar year of the term hereof (partial year to be prorated), City of Santa Ana legal holidays excepted. CONTRACTOR agrees that he may from time to time be required to work in excess of the minimum hours specified. CONTRACTOR shall be provided with compensatory time off for work in excess of the minimum hours specified during the week which overtime has occurred provided such time is approved in advance by the Executive Director. It is further agreed that CONTRACTOR shall report daily during such regular working hours unless excused from such attendance by the Executive Director or his designated supervisor or unless CONTRACTOR is traveling out of town in the discharge of his duties under this Agreement. VI OUTSIDE EMPLOYMENT CONTRACTOR agrees not to offer to work for, as an employee or independent contractor, any other agency or pro- gram, or contract with any other agency or program until such time as his services under this Agreement are satisfactorily terminated or until such approval is obtained as herein set forth. CONTRACTOR shall not engage in any employment or sales or services outside the scope of this Agreement except with the written approval of the Executive Director. The Executive Director, in approving or denying the request, shall state whether or not such employment will, in his opinion, interfere in any way with the proper performance of CONTRACTOR's duties, and said application shall be denied by the Executive Director if there is reasonable cause to believe that such outside employment will be inconsistent, incompatible or in conflict with the CONTRACTOR's duties as stated in this Agreement. Reasons for denial shall also be stated in writing by the Executive Director. Permission to engage in outside employment 4. 3B . . . . . . " . . shall not be granted for any period exceeding six (6) months and each extension thereof shall be considered as a new and separate request. VII PAYMENT AND BENEFITS CRITERIA AGENCY agrees to pay and CONTRACTOR agrees to accept the sum of one thousand six hundred twenty-two dollars ($1,622.00) per month, said monthly sum to be payable in equal amounts twice each calendar month due and payable on the 10th and 25th of the month. Of said sum of one thousand six hundred twenty-two dollars ($1,622.00), AGENCY and CONTRACTOR agree that one thousand four hundred seventeen dollars ($1,417.00) per month thereof shall be the amount paid to CONTRACTOR for the performance of said duties as specified in this Agreement, and the amount of two hundred and five dollars ($205.00) thereof shall be the amount paid to CONTRACTOR to compensate CONTRACTOR for any and all employee benefits which AGENCY would be obli- gated to provide if CONTRACTOR were AGENCY's employee, the payment in consideration thereof, CONTRACTOR waives any and all rights which he may have to any and all such benefits. In the event CONTRACTOR, for any reason, is required to work at the performance of said services for more than forty-nine (49) weeks per calendar year as above provided, AGENCY agrees to make a cash reimbursement for such time in excess thereof upon termination of this Agreement. AGENCY shall provide Worker's Compensation coverage for CONTRACTOR. CONTRACTOR shall be entitled to be absent from the performance of said duties during not more than twelve (12) sick days per year commencing the first day of employment, upon and subject to the provisions of Santa Ana Municipal Code S 9-161. Any sick days in excess of the number allotted shall be deducted ~rom said monthly payment on a prorated basis. In no event shall CONTRACTOR be entitled to any cash reimbursement for unused sick leave upon termination of this Agreement. 5. 3B . . . . . , . . VIII AUTOMOBILE AGENCY shall reimburse CONTRACTOR for the use of his personal vehicle on official business only when such use is approved in advance by the Executive Director for travel within the scope and function of the terms of this Agreement, in accord- ance with the travel reimbursement policy of the City of Santa Ana. CONTRACTOR shall have and maintain a valid California driver's license during the term of this Agreement. CONTRACTOR shall obtain and file with the Executive Director, prior to exercising any right or obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a public liability and property damage insurance policy covering CONTRACTOR's vehicle and either naming AGENCY as an additional insured or containing a provision relating to business use, in the amount of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) in the aggregate, and fifty thousand dollars ($50,000.00) property damage liability, or three hundred thousand dollars ($300,000.) combined single limit. Said policy shall be in a form as approved by the AGENCY's legal counsel. AGENCY agrees to reimburse CONTRACTOR for any additional premium required to be paid by him because of the provisions of this paragraph VIII. IX OFFICE SPACE AGENCY shall provide CONTRACTOR with office space, together with such clerical assistance and office supplies as determined to be necessary by the Executive Director. X ASSIGNABILITY No performance of this Agreement or any portion thereof may be assigned or subcontracted by CONTRACTOR without the express written consent of the Executive Director and any r 6. . . . . . , '. . . attempt by CONTRACTOR to assign or subcontract any performance of the terms of this Agreement without the express written consent of AGENCY shall be null and void and shall constitute a breach of this Agreement. Whenever CONTRACTOR is authorized to subcontract or assign, he will include all of the terms of this Agreement in each such contract or assignment. XI CHANGES AND EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other prior agreements either oral or in writing between the parties hereto with respect to employment of CONTRACTOR by AGENCY in connection with providing relocation services, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement shall be effective unless executed in writing and signed by the Chairman of the Community Redevelopment Agency and CONTRACTOR. XII LAWS GOVERNING THE AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7. ~\\ "..,-",. I . . . . . . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date ~nd year first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ATTEST: £~ Executive Director "AGENCY" APPROVED AS TO FORM: ~ç ~ý~ ~~?~~~ FELIX ORAMAS Agency Counsel 8. 3B