1987-0127_VOGT, GARY L., MAI_Agreement0
AGREEMENT FOR
CONSULTING SERVICES
0
THIS AGREEMENT is made and entered into this 27th day of January
1987 , by and between the San Juan Capistrano Community Redevelopment Agency,
hereinafter referred to as "AGENCY" and GARY L. VOGT, M.A.I., hereinafter referred
to as "CONSULTANT'.
WITNESSETH:
WHEREAS, AGENCY requires consulting services for the project described as
follows:
Appraisal services for Parcel No. 124-160-17
WHEREAS, CONSULTANT represents he/they is duly qualified to provide said
service.
NOW, THEREFORE, AGENCY and CONSULTANT, for the consideration hereinafter
named, agree as follows:
SECTION 1. GENERAL
The considerations of work on the project shall be governed by the conditions
contained herein. In general, the tasks delineated herein are to be performed with mini-
mum direction and assistance from AGENCY.
TANT, however. shall
times.
SECTION 2. SCOPE OF TASKS BY CONSULTANT
Subject to the terms and conditions of this agreement, CONSULTANT shall perform
the tasks as set forth in Exhibit A, attached and incorporated herein by reference.
During the performance of the above tasks, CONSULTANT shall have access to
existing data in AGENCY files and AGENCY shall provide copies of any such data
CONSULTANT requests at no cost to CONSULTANT.
0 0
SECTION 3. TIME OF BEGINNING AND COMPLETION OF SERVICES
The services provided under this Agreement shall begin upon execution of this
Agreement by all parties. The services provided under this Agreement shall be com-
pleted on or before February 28, 1996.
SECTION 4. PAYMENT FOR CONSULTANT'S SERVICES
Payment under this Agreement shall be upon submittal of final appraisal report.
Three (3) copies of Itemized bills, clearly indicating the period for which the billing is
made, and including dates on which expenses (except costs for reproduction) were
incurred, shall be submitted to: City of San Juan Capistrano, 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675.
Total cost to AGENCY for CONSULTANT'S services shall not exceed
Four Thousand Five Hundred Dollars ($4,500.00).
SECTION 5. COVENANT AGAINST CONTINGENT FEES
CONSULTANT warrants that he has not employed or retained any company or
person, other than a bona fide employee working for CONSULTANT, to solicit or secure
this Agreement, that he has not paid or agreed to pay any company or person, other than
a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of this Agree-
ment. For breach or violation of this warranty, AGENCY shall have the right to annul
this Agreement without liability, or, at its sole discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
SECTION 6. OWNERSHIP OF DOCUMENTS
All tracings, plans, specifications, maps or other documents prepared or obtained
under the terms of this Agreement shall be delivered to, and become the property of,
CITY, and basic survey notes and sketches, charts, computations and other data prepared
or obtained under this Agreement, shall be made available upon request, to AGENCY
without restriction or limitation on their use.
SECTION 7. CHANGES IN SCOPE OF CONSULTANT'S SERVICES
No additional fee shall be paid by AGENCY for additional consulting services not
included in this Agreement without the written approval of AGENCY prior to
undertaking such work. In the event of suspension of project by AGENCY,
CONSULTANT shall have the right to renegotiate fees if delay is greater than six (6)
months.
SECTION 8. TERMINATION
AGENCY may, without cause, terminate the Agreement at any time prior to
completion by CONSULTANT of any of the services required hereunder. Notice of
Termination of this Agreement shall be given in writing to CONSULTANT, and shall be
sufficient to complete when same is deposited in the U.S. Mails, First Class postage
prepaid.
2
In the event this Agreement is terminated by AGENCY, CONSULTANT shall be paid
the value of services performed by him pursuant to this Agreement prior to the date of
termination thereof, such value to be the total to which he shall have become entitled, as
determined by the Director of Community Planning and Development, less the amount of
any payments previously made, but in no event exceeding the maximum contract amount
stated in SECTION 4.
SECTION 9. DISPUTES
Unless otherwise specified herein, any dispute over a question of fact arising under
this Agreement, which cannot be resolved by agreement between the parties, may be, by
mutual consent of the parties, submitted to a "Board of Arbitration" consisting of three
(3) arbitrators having expertise relating to this contract subject matter, one of whom
shall be selected by each of the parties, and the third by the two members selected by
the parties.
Each of the parties shall pay the member selected by it, and the compensation of the
third member shall be paid equally by the parties. The parties shall be bound by the
decision of the Board of Arbitration.
SECTION 10. INDEMNIFICATION/PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall defend, indemnify and hold harmless AGENCY and its
respective officers, employees and agents from any claim, cost, expense or liability
arising directly or indirectly from CONSULTANT'S negligent performance of any of the
obligations imposed on it pursuant to this Agreement. CONSULTANT shall maintain in
full force and effect Professional Errors and Omissions coverage in a minimum amount of
Five Hundred Thousand Dollars ($500,000) which said insurance shall name AGENCY and
its officers and employees as additional insureds. CONSULTANT shall present to the
AGENCY an appropriate certificate of insurance demonstrating coverage as required
above, prior to performance under this Agreement.
SECTION It. NO ASSIGNMENTS
Neither any part nor all of this Agreement may be assigned or subcontracted, except
as otherwise specifically provided herein, or to which AGENCY, in its sole discretion,
consents to in advance thereof in writing. Any assignment or subcontracting in violation
of this provision shall be void.
SECTION 12. ENDORSEMENT ON PLANS, ETC.
CONSULTANT shall endorse all plans, data and other documentation submitted to
AGENCY pursuant to this Agreement.
SECTION 13. MAINTENANCE OF RECORDS
CONSULTANT and is subcontractors shall maintain all books, documents, papers,
employee time sheets, accounting records and other evidence pertaining to costs incurred
and shall make such materials available at their respective offices at all reasonable
times during the contract period and for three (3) years from the date of final payment
under this Agreement, for inspection by AGENCY and copies thereof shall be furnished,
if requested.
0 0
SECTION 14. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, CONSULTANT shall be an
Independent contractor and shall not be an employee of AGENCY. AGENCY shall have
the right to control CONSULTANT only insofar as the results of CONSULTANT'S
services rendered pursuant to this Agreement; however, AGENCY shall not have the
right to control the means by which CONSULTANT accomplishes services rendered
pursuant to this Agreement.
SECTION 15. LICENSES, PERMITS, ETC.
CONSULTANT represents and warrants to AGENCY that he has all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
practice his profession. CONSULTANT represents and warrants to AGENCY that
CONSULTANT shall, at his sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit or approval which is legally required for
CONSULTANT to practice his profession.
SECTION 16. PUBLIC LIABILITY INSURANCE
a) Public Liability
During the term of this Agreement, CONSULTANT shall maintain in full force and
effect a policy of public liability insurance with minimum coverages as follows:
$ 300,000 - Property Damage
$ 300,000 - Injury to One Person/Any One Occurrence; and
$1,000,000 - Injury to More Than One Person/Any One Occurrence
If AGENCY so requests, CONSULTANT shall cause AGENCY to be named as an
additional insured on said policy and shall obtain a waiver of the insurer's right of
subrogation against AGENCY.
b) Worker's Compensation
During the term of this Agreement, CONSULTANT shall fully comply with the terms
of the laws of California concerning Worker's Compensation. Said compliance shall
include, but not be limited to, maintaining in full force and effect one or more
policies of insurance insuring against any liability CONSULTANT may have for
Worker's Compensation.
SECTION 17. CONSULTANT NOT AN AGENT
Except as AGENCY may specify in writing, CONSULTANT shall have no authority,
expressed or implied, to act on behalf of AGENCY in any capacity whatsoever as an
agent. CONSULTANT shall have no authority, expressed or implied, pursuant to this
Agreement to bind AGENCY to any obligation whatsoever.
4
SECTION 1E. PERSONNEL
CONSULTANT agrees to assign the following person/persons to perform the tasks
set forth in this Agreement:
GARY L. VOGT. M.A.I.
CONSULTANT shall not unilaterally alter the assignment of the above personnel
without the authorization of the Director of Community Planning and Development.
AGENCY shall have the unrestricted right to order the removal of any
person/persons assigned by CONSULTANT by giving oral or written notice to
CONSULTANT to such effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first hereinabove written.
APPROVED AS TO FORM:
CONSULTANT
CITY OF SAN JUANCAPIS O
By: ����✓
STEPHEN B. JULIAN, Tj ECUTIVE DIRECTOR
ATTEST:
0
Exhibit "A"
CONSULTANT shall prepare a narrative valuation appraisal of land and
improvements on Parcel No. 124-160-17. CONSULTANT shall make personal inspections,
it necessary, of the real estate property described above.
INFINITE IMAGING SYSTEMS
21011 Moulton Parkway, Suite #E -R
t.a�!e„�a� IIiVPs. (:,dOornia 92653
12.14n47.1-'81777
0 0
MEMORANDUM
TO: Memo to File
FROM: Dawn Marie Schanderl, Records Coordinator
DATE: September 9, 1987
SUBJECT: Expiration of Gary L. Vogt Contracts
Today, September 9, 1987, 1 spoke to Pat David, Community Development Associate
concerning the status of the two Consultant Service Contracts with Gary L. Vogt,
pertaining to AP Nos. 124-160-08, -09, -10, -11 -27; 124-160-23 and 124-160-17. The
Agreement states that a Notice of Termination shall be given in writing to Consultant
when project is done. Ms. David said this has not been done and not to worry - contracts
are completed at this time.
0
1776\ 1961
• l
February 26, 1987
Mr. Gary Vogt, L.M.A.I.
27665 Forbes Road No. C
Laguna Niguel, CA 92677-1202
Re: Certificate of Insurance
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BIANO
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L, HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Thank you for the Certificate of Insurance, which was received by the City in February,
1987. In accordance with your contract, please be advised of the following:
(1) Worker's Compensation was not included on the Insurance Certificate.
Please forward the corrected Certificate by March 12, 1987.
If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714)
493-1171 extension 244.
Thank you for your cooperation.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/dms
�� 1LYc��ncl h� Gam' inv�
haat a ew# ee)s
9 '7V 00� t0
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
CERTIFICATE OF INSURANCE
This is to certify that WTATEOM FIRE AND CASUALTY COMPANY, Ell
on, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY. Illinois
has in force for
location of operations
the following coverages for the periods and limits indicated below.
POLICY NUMBER
�o-1�-f733 a F
The above insurance includes
(applicable it indicated by ® )
POLICY NUMBER
92h77 loco
TYPE OF INSURANCE I POLICY PERIOD
(elf./exp.)
Comprehensive
v� General Liability
❑ Manufacturers' and
Contractors' Liabili
❑ Owners'. Landlordsand
Tenants' Liability
LIMITS OF LIABILITY
-aern-Sel /
�u u ❑ Dual Limits tor.
Each Occurrence S
Aggregate S
❑ PRODUCTS -COMPLETED OPERATIONS
❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY
❑ CONTRACTUAL LIABILITY
❑ BROAD FORM PROPERTY DAMAGE
❑ BROAD FORM COMPREHENSIVE GENERAL LIABILITY
Lf Watercraft
Liability
EXCESS LIABILITY
Ej II UMBRELLA
I OTHER
Workmen's/Workers' Com
❑pensahon-Coverage A
Employer's Liability
Each Occurrence $
Aggregate' $
BODILY INJURY
PROPERTY DAMAGE
Combined Single Limit for BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence S -14-0 y DO G
Aggregate $ li UO 0 00
CONTRACTUAL LIABILITY LIMITS
(it different than above) BODILY INJURY
Each Occurrence $
Each Occurrence S
Aggregate $
Combined Single Limit for
Coverage A
Coverage B
Each Occurrence $
Aggregate $
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
STATUTORY
'Aggregate not applicable if Owners', Landlords and Tenants' Liability Insurance excludes structural alterations, new construction or demolition.
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DErpPRISED HEREIN.
W` v 1-0 5;o-,-aduJ >l
01044
NAME AND ADDRESS OF PARTY TO WHOM CERT
'n U.S.A. Rev. 11/84
ICATE IS ISSUED
17 96
/� �/ -
to � L�<tilu�L �iP4'f�-
�/� Qajp !d Signal re of Authorized Representative
-J Title r
' o _
OLONIAL PENN INSURANCE COMPA�IP
PHILADELPHIA, PA
Itual Estate Appraisers Professional Liability
Memorandum of Coverage
Having Issued Group Policy No. AE0000001 to the
TRUSTEES OF THE APPRAISER LIABILITY INSURANCE TRUST
Santa Barbara, California
(Herein called the "Group Policyholder")
insuring membeis ul
the Aiiwn(mi Inatdulc ul lie.il I :.Inlc Appi.w.eis
11w S,,, iply of Hi•. it I :.Lilo Alqu.u•wi-,
I ho Nalion.d Assuc+lrun of Indupendeul I cc Appraisers
HEREBY CERTIFIES that the Member whose name is endorsed hereon (herein individually called the "Named Member ) for wnoni
the required premium has been paid is insured under and subject to all the conditions, limitations and provisions of said pohc\
for the benefits provided herein.
CERTIFICATE OF INSURANCL NUMRt_R APP00000103100
ITEM 1. NAMED MEMBER AND MAILING ADDRESS
VOGT, GARY L.
27665 Forbes Rd., Ste. 206
Laguna Niguel, CA 92677
AGENT NAME AND ADDRESS:
Liability Insurance Administrators
26 W. Figueroa Street
Santa Barbara, CA 93101
Custower—ID: 103685
ITEM 2: NOTICE PERIOD From. 11/04/86 To: 11/04/87
12 01 A M Standard time at the address of the Named Member as stated herein
FIRST COVERAGE DATE 11/04/86-.--
12 01 A M Standard Time at the address of the Named Member as stated herein.
i
UNDERWRITTEN BY COLONIAL PENN INSURANCE COMPANY
ITEM 3: LIMITS OF LIABILITY:
1,000,000
A. EACH CLAIM........................................................................ $
B. AGGREGATE FOR ALL CLAIMS
DURING NOTICE PERIOD.............................................................. $ 1,000,000
ITEM 4: DEDUCTIBLE:
AMOUNT TO BE BORNE BY THE NAMED MEMBER FOR EACH CLAIM ............................ $ 1, 000
(Deductible is also applicable to Claims expense)
ITEM 5: PREMIUM: $ 19 625.00 + 7. 47 Tax
ITEM 6. ENDORSEMENT(S) ATTACHED AT INCEPTION:
REA(6/86)PA
CPM (2/86)
ITEM 7. NOTICE OF CLAIMS SHALL BE SENT TO: Liability Insurance Administrators
26 W Figueroa Street
Santa Barbara, California 93101
7
COVERAGE HEREUNDER IS PROVIDED ON A CLAIMS MADE BASIS.
November 12, 1986 U 1