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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