HomeMy WebLinkAbout1977-19 CRA
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EJC:adg
8/18/77
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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:
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Executive Director/
Recording Secretary
Counsel
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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",
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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
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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.
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10.
Preparing precise Teports and maintain all
records of relocation Tequired by Federal and State agencies
and administrative staff of AGENCY.
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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.
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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
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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.
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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
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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.
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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:
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Executive Director
"AGENCY"
APPROVED AS TO FORM:
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FELIX ORAMAS
Agency Counsel
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