2001-084- Authorizing An Amendment Of An Agreement With Leslie R. White To Provide Additional Management Consultant ServicesRESOLUTION 2001- 84
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING AN AMENDMENT OF AN AGREEMENT
WITH LESLIE R. WHITE TO PROVIDE ADDITIONAL MANAGEMENT
CONSULTANT .SERVICES
WHEREAS, the Town Council authorizes the amendment of its agreement
with Mr. Leslie White for Management Consultant Services to provide that the total
compensation paid shall not exceed $125,000 (625 hours) as noted in Exhibit A.
RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the Town of Los Gatos enter into a
contract/agreement with Mr. Leslie White for Management Consultant Services, .and
that the Town Manager is authorized, and is hereby directed, to execute .said
contract/agreement in the name and on behalf of the Town. of Los Gatos.
PASSED AND .ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 16TH day of July, 2001 by the following
vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decl~er, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT.: None
ABSTAIN: None ~ --~
SIGNED: G~
YOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~I,CL~,~~- ' ~~
CLERK OF T~ TO _ OF LOS GATOS
LOS GA'I'OS, CALIFORNIA
( t:n~ FICE OF TftE TOW~f CLERK
MGR ~~, /,~U
IHH _
FIRST AMENDMENT TO AGREEMENT WITH LESLIE W~~E
REC
This AMENDMENT TO AGREEMENT is entered into this 22nd day~a~1~209~-;- ~~~- `1~
and between the Town of Los Gatos, State of California, herein called "Town," and ,LESLIE
WHITE herein called "[Consultant/Contractor]."
RECITALS
A. Town and Mr. Leslie White entered into an agreement for IYlanagement Consultant Services
on March 22, 2001.("Agreement"), a copy of which is attached hereto as Attachment 1 and
incorporated herein by reference.
B. Continued management consulting services from Mr. Leslie White will be needed until the
recruitment .and hiring process for a new Parks and Public Works Director is complete .
AMENDMENT
1. "Paragraph 2, (A) entitled "Compensation" ofthe Agreement is hereby amended to provide
that the total compensation paid shall not exceed $125,000 (625 :hours).
2. All other terms and conditions of the Agreement dated March 22, 2001 remain in furl force
and effect.
IN WITNESS WHEREOF, the Town and {Consultant/Contractor] have executed this
Agreement as of the date indicated on page one (1).
Town of Los Gatos, by:
Debra J. Fgone, Town Manager
Town of Los. Gatos
by:
(Signature)
LESLIE WHITE
(Print Name)
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
.Approved as to Form:
Marian V. Cosgrove, Town Clerk
Orry P. Korb, Town Attorney
.Revised: November 13., 2000 _
S:\agreementwhite.wpd _ 1
~' iCE OF THE TOW';~1 CLERK
~_ ~i /, y ~
AGREEMENT FOR CONSULTANT SERVIC`l~-
r ~
THIS AGREEMENT ("Agreement") is made and entered into this, day of arc ,
by and between the Town of Los Gatos, a California municipal corporatian,~`
R. White, 535 Vista Del Mar Drive, Aptos, CA 95003, a self-em~ptaged--i•~di~~i~lttal,'~~'/ -~
"CONSULTANT").
A. TOWN is in need of a consultant to provide certain .management consultant services as
indicated herein.
B. CONSULTANT recently served as Interim Town Manager of Los Gatos, and is an
experienced public administrator having served as the City Manager of the City of San Jose,
CA. CONSULTANT also has recently provided management consulting services to the
Town following his service as Interim Town Manager.
C. TOWN desires that CONSULTANT continue to provide general organizational and
management consultant services as needed and directed .by the Town Manager.
CONSULTANT is willing and able to provide the services of CONSULTANT on the terms
and conditions set forth herein, and pursuant to the provisions of Government Code Section
21221(h) concerning the limited service of retired persons without reinstatement or loss of
benefits.
NOW., THEREFORE THE PARTIES AGREE as follows:
1. SCOPE OF SERVICES
CONSULTANT services shall include, but not be limited to, the services listed below.
A. Provide organizational and management consultant services as requested by the
Town .Manager. Such services may include, but are not limited to, providing
organizational development training, serving as an interim department director as
needed, and advising :management staff on various management and organizational
matters as needed.
2. COMPENSATION
A. TOWN shall pay CONSULTANT $200.00 per hour, for all hours worked as the
Hearing Official or as a Management Consultant, :including travel time each way
from CONSULTANT's home to Los Gatos. Total compensation paid under this
.Agreement shall not exceed .$100,000 .(500 hours) without the advanced written
approval of the TOWN. An invoice is required. Payment shall be net 15 days.
N:UviGRUWP\TMOU.-eswhite-Convact-3-19-Ol.wpii Page 1 of 4
B. It is expressly understood that the fees payable hereunder include, and are paid in lieu
of, all other compensation and benefits, including, 'but not limited to, vacation, sick
leave, retirement, or other remuneration or benefits payable to emp ogees of TOWN.
C. CONSULTANT shall be entitled to reimbursement for the cost of a Town of Los
Gatos Business License.
3. TERM
This contractshall be effective upon execution and shall remain in furl force and effect until
December 31, 2001, unless terminated earlier pursuant to this agreement..
4. INDEPENDENT CONTRACTOR TAXES AND INSURANCE
A. CONSULTANT is an independent contractor :and the means by which. he shall
perform the work'hereunder shall be under his sole control. The only control TOWN
will have wi l be as to the result of the work, and not as to the means by which
CONSULTANT shall perform such work. In no event shall CONSULTANT be
deemed an employee of the TOWN except as specified below in this paragraph.
CONSULTANT agrees that he will at all times, safely, industriously, and to the best
of.his ability, experience, and talentperformthe duties and services specified herein
that may be required by CONSULTANT to the .reasonable satisfaction of TOWN.
B. CONSULTANT duties shall be rendered at 110 E. Main Street, Los Gatos,
California, 95030, and/or at such other places as TOWN shall in good faith require
pursuant to this Agreement.
C. TOWN acknowledges that CONSULTANT is not covered by errors and omissions
or professional liability insurance and, notwithstanding the provisions of this Section
5, agrees that upon the occurrence of any event contemplated by Government Code
§825 TOWN shall extend to CONSULTANT the benefits of an employee as
establishedthereinand inGovernment Code §995, 995.2, and 995..4.. TOWN waives
any and all rights it may have o bring any claim or action against CONSULTANT
for negligent performance under this Agreement. This waiver shall not in any
manner be deemed to limit TOWIV's .right to terminate this Agreement. pursuant to
Section 5. CONSULTANT shall be covered by TOWN's workers' compensation
coverage in the event of accident or injury which qualifies for such .coverage under
.state law.
D. CONSULTANT shall maintain a Town of Los Gatos Business License pursuant. to
Chapter 14 of the Municipal Code of the Town of Los Gatos..
E. CONSULTANT acknowledges that neitherTOWN of any officer, employee, or agent
thereof has made any representation or promises regarding any federal or state
Nt~IvIGRUWP\T'MO~L.eswhite-Contract-3-19-Ol.wpd Page 2 of 4
income tax orany other tax consequences to, or liabilities of, CONSULTANT which
may result pursuant to this Agreement and any payments made by TOWN hereunder
to the timing thereof. CONSULTANT shall be solely responsible for any and all
taxes to be paid to the federal and/or state :government under this Agreement.
TOWN shall issue a form 1099 or .its functional equivalent, as required by the
Internal Revenue Code and/or California state law.
5
6.
7
8
MODIFICATION .AND TERIVIIIVATION
The terms of this agreement may be modified or superseded only by .agreement in writing
executed by the parties hereto, which shall not be unreasonably withheld. This agreement
shall be tterminable by either party upon hirty (30) days written notice.
NOTICES
.All notices'herein provided shall be in writing and addressed as follows:
TO TOWN:
Debra Figone, Town Manager
Town of Los Gatos
P. O. Box 949 ~~
Los Gatos, CA 95031-0949
TO CONSULTANT:
Leslie R. White
535 Vista Del Mar Drive
Aptos, CA 95003
The address to whch'the notice shall be mailed may be changed by written notice .given by
such party to the other, and nothing herein contained shall preclude the giving of any such
notice by personal .service.
ENTIRE. AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parities hereto with respect to the subject matter hereof, and no other agreement,
statement or promise relating to the subject matter of this Agreement which is not contained
herein shall be valid or binding.
SEVERABILITY
Should any part, term or provision of this Agreement be declared invalid, void or
unenforceable, all remaining parts, terms and provisions hereof shall remain in full .force and
effect and shall in no way be invalidated, impaired or effected thereby.
N:~IvIGRVWP~TMOU.eswhite-Contract-3-19-Ol.wpd Page 3 of 4
9. GOVERNING LAW
The validity of this Agreement as weal as the rights and duties of the parties hereunder shall
be governed by the laws ofthe State of California, and the venue for any action enforcing the
terms of this agreement shalt be in Santa Caara County, California.
IN WITNESS WHEREOF said partieshave executed this Agreement in dupaicate on the date shown
above.
TO OF LOS GATOS, by:
DEBRA G ,Town :Manager
CO T, by:
L.ESL R. Ii1TF,
~~La O ~
APPROVED AS TO//FORM:
~~ az e?
Orry P orb, Town Attorney
ATTEST: ~'
,_, / i
,~
M ar, /. Cy~s v vTown Clerk
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