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HomeMy WebLinkAbout3/4/2025 Item 6a, Wyatt Anne Wyatt < To:E-mail Council Website Subject:Fwd: HRE contract terminated Attachments:J Papp HRE agrmnt 092221 edited(1).pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Mayor Stewart and Council Members, seeing some interesting claims made by James Papp just entered into the public record, please also enter the contract termination for non-performance, below, dated July 29,2022. Mr. Papp was not fired from the job of writing an HRE for a report we did not agree with, on the contrary, Mr. Papp was fired from the job for not producing a report at all. He was way past the report deadline and had failed to respond to some 10 attempts by our team by phone and email to reach him to receive report status. The report he subsequently produced of his own accord and submits into the record was not authorized by Smart Share. It is full of inaccuracies and misstatements. As such, he is correct; it is not a report we agree with or would have our agency name on. Happy to discuss further tonight. -a ---------- Forwarded message --------- From: Anne Wyatt < Date: Fri, Jul 29, 2022 at 2:03 PM Subject: HRE contract terminated To: James Papp < Cc: angela tahti < , terri Main < Dear James: Following up on my email from July 20, please let this email confirm that the contract for HRE for 466 Dana St, SLO, dated September 22, 2021, and attached here for reference, is now terminated for non-performance. The contract clearly states, p.2, "The HRE will be delivered to the Recipients within one month of receiving the above-listed relevant and requested items," with such items having been delivered to you and accepted in the spring. We're grateful, indeed, for what we believe was your initial intent to help us, at a very low fee, and I understand other things came up and took precedence in your life, making honoring this commitment difficult. Failing after many months of attempting to get a report from you or figure out how we could aid the process, we have found another contractor now and look forward to completion of this necessary report under other hands. Thank you very much. -a -- Warmly, Anne Wyatt Executive Director, Smart Share Housing Solutions, Inc. a nonprofit public benefit 501(c)(3) corporation with programs HomeShareSLO; ADU SLO/Tiny House Consulting; Co-Living Collaborative 1 P.O. Box 15034, San Luis Obispo, CA 93406 (805) 215-5474 office; (805) 296-0013 cell SmartShareHousingSolutions.org To help protect your privacy, Microsoft Office To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. prevented automatic download of this picture from the Internet. Creating Housing Solutions by Connecting People and homes -- Warmly, Anne Wyatt Executive Director, Smart Share Housing Solutions, Inc. a nonprofit public benefit 501(c)(3) corporation with programs HomeShareSLO; ADU SLO; Co-Living Collaborative P.O. Box 15034, San Luis Obispo, CA 93406 (805) 215-5474 office; (805) 296-0013 cell SmartShareHousingSolutions.org To help protect your privacy, Microsoft Office To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. prevented automatic download of this picture from the Internet. Creating Housing Solutions by Connecting People and homes 2 1 INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (this "Agreement") is made effective as of September 22, 2021, by and between The Peace Project c/o Ecologistics, Inc. and Smart Share Housing Solutions, Inc (the "Recipients"), of 16500 Oracle Oak Way, Santa Margarita, California 93453, and P.O. Box 15034, San Luis Obispo, California 93406, respectively, and Historicities LLC (the "Contractor"), of Sauer-Adams Adobe, 964 Chorro Street, San Luis Obispo, California 93406. In this Agreement, the parties who are contracting to receive the services shall be referred to as "Recipients", and the party who will be providing the services shall be referred to as "Contractor." 1. DESCRIPTION OF SERVICES. Beginning on September 22, 2021, the Contractor will provide the following services (collectively, the "Services"): Historic Resource Evaluation (HRE) An historic resource evaluation report of the Waterman Peace Village Project (WPV), at 466 Dana Street, San Luis Obispo, CA, including analysis of the Rosa Butron de Canet Adobe's: 1. extent 2. significance 3. integrity to communicate its significance 4. the proposed project's impact on the historic resource, and 5. suggestions of mitigations to render any impact less than significant, as well as 6. testimony at San Luis Obispo's Cultural Heritage Committee, Architectural Review Commission, Planning Commission, and/or City Council, where necessary Methodology shall comprise of: 1. review of the historical and architectural historical data and conclusion of the 1998 Daryl Allen and Gil Sanchez Rosa Butron de Cane Adobe Condition Assessment and Preliminary Rehabilitation Study, and 2. additional historical and architectural historical data and analysis and review of the project's compliance with 3. the Secretary of the Interior’s Standards for Preservation, Restoration, and Rehabilitation and 4. San Luis Obispo's Historic Preservation Program Guidelines and 5. Community Design Guidelines The Recipients shall provide requested and relevant 1. site plan 2. elevations: a) adobe front, side, rear, b) sample tiny house front, side, rear, and c) new studio front, side, rear 3. footprints: adobe and adjoining building 4. contextual drawings a) street view, and b) view from Stenner Creek 2 The HRE will be delivered to the Recipients within one month of receiving the above-listed relevant and requested items. Furthermore, the Contractor has the right of control over how the Contractor will perform the services. The Recipients do not have this right of control over how the Contractor will perform the services. 2. PAYMENT FOR SERVICES. The Recipients will pay compensation to the Contractor for the Services in the amount of $1,500.00. This compensation shall be payable in a lump sum upon completion and electronic transmission of the Historic Resource Evaluation report to The Recipients and joint acknowledgement of same by the Recipients. No other fees and/or expenses will be paid to the Contractor, unless such fees and/or expenses have been approved in advance by the appropriate executives on behalf of the Recipients in writing. The Contractor shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation. The Contractor has the right of control over the method of payment for services. 3. TERM/TERMINATION. Termination of this agreement will occur as follows: Following testimony at San Luis Obispo's Cultural Heritage Committee, Architectural Review Commission, Planning Commission, and/or City Council, where necessary. Furthermore, the Contractor has the ability to terminate this Agreement "at will." A regular, ongoing relationship of indefinite term is not contemplated. The Recipients have no right to assign services to the Contractor other than as specifically contemplated by this Agreement. However, the parties may mutually agree that the Contractor shall perform other services for the Recipients, pursuant to the terms of this Agreement. 4. RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor is an independent contractor with respect to the Recipients, and not an employee of the Recipients. The Recipients will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor. It is contemplated that the relationship between the Contractor and the Recipients shall be a non- exclusive one. The Contractor also performs services for other organizations and/or individuals. The Recipients have no right to further inquire into the Contractor's other activities. 5. RECIPIENTS' CONTROL. The Recipients have no right or power to control or otherwise interfere with the Contractor's mode of effecting performance under this Agreement. The Recipients only concern is the result of the Contractor's work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Contractor shall perform the Services without direct supervision by the Recipients. 3 6. PROFESSIONAL CAPACITY. The Contractor is a professional who uses its own professional and business methods to perform services. The Contractor has not and will not receive training from the Recipients regarding how to perform the Services. 7. PERSONAL SERVICES NOT REQUIRED. The Contractor is not required to render the Services personally and may employ others to perform the Services on behalf of the Recipients without the Recipients' knowledge or consent. If the Contractor has assistants, it is the Contractor's responsibility to hire them and to provide materials for them. 8. NO LOCATION ON PREMISES. The Contractor has no desk or other equipment either located at or furnished by the Recipients. Except to the extent that the Contractor works in a territory as defined by the Recipients, its services are not integrated into the mainstream of the Recipients' respective business. 9. NO SET WORK HOURS. The Contractor has no set hours of work. There is no requirement that the Contractor work full time or otherwise account for work hours. 10. EXPENSES PAID BY CONTRACTOR. The Contractor's business and travel expenses are to be paid by the Contractor and not by the Recipients. 11. CONFIDENTIALITY. Contractor may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the Recipients. Confidential Information shall mean all non-public information which constitutes, relates, or refers to the operation of the business of the Recipients, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Recipients, and any and all trade secrets, customer lists, or pricing information of the Recipients. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. The Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal. 12. INJURIES. The Contractor acknowledges the Contractor's obligation to obtain appropriate insurance coverage for the benefit of the Contractor (and the Contractor's employees, if any). The Contractor waives any rights to recovery from the Recipients for any injuries that the Contractor (and/or Contractor's employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Contractor or the Contractor's employees. Contractor will provide the Recipients with a certificate naming the Recipient as an additional insured party. 4 13. NO RIGHT TO ACT AS AGENT. An "employer-employee" or "principal-agent" relationship is not created merely because (1) the Recipients have or retain the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Recipients have or retain the right to stop work done improperly. The Contractor has no right to act as an agent for the Recipients and has an obligation to notify any involved parties that it is not an agent of the Recipients. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto. 15. WAIVER OF BREACH. The waiver by the Recipients of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor. 16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 17. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California. 18. SIGNATORIES. This Agreement shall be signed by Angela Tahti, Project Facilitator and Anne Wyatt, Executive Director on behalf of The Peace Project c/o Ecologistics, Inc. and Smart Share Housing Solutions, Inc, respectively, and by James Papp, PhD, Historian and Architectural Historian, Secretary of the Interior on behalf of Historicities LLC. This Agreement is effective as of the date first above written. 5 RECIPIENTS: The Peace Project c/o Ecologistics, Inc. and Smart Share Housing Solutions, Inc By: ______________________________ Date: ________________________ Angela Tahti Project Facilitator for The Peace Project By: ______________________________ Date: ________________________ Anne Wyatt Executive Director for Smart Share Housing Solutions, Inc. CONTRACTOR: Historicities LLC By: ______________________________ Date: ________________________ James Papp, PhD Historian and Architectural Historian, Secretary of the Interior