Loading...
1985-180-Authorizing The Acting Town Manager To Execute An Amendment To An Agreement Between The Town And Lorelyn Formusa For Law Clerking ServicesRESOLUTION NO. 1985 -180 A RESOLUTION AUTHORIZING THE ACTING TOWN MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT BETWEEN THE TOWN AND LORELYN FOP2v1USA FOR LAG? CLERKING SERVICES BE IT RESOLVED, and it is hereby resolved that the Town Council of the Town of Los Gatos, California, does hereby authorize and direct the Acting Town Manager to execute an amendment to an agreement Droviding law clerking services with Lorelyn Formusa (a copy of which is attached hereto). PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting held this 16th day of December 1985 by the following, vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura and Terrence J. Dailv. NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None r• SIGNED: Ar, MAYUR OF THE TO OF LO GATOS ATTEST: DEPUTY CLEW: OF THE T OTo OF LOS GATOS AMENDMENT TO AGREEMENT FOR PERSONAL SERVICES FOR LAW CLERKING SERVICES This agreement is made and entered into this 17th day of December , 19 85 by and between the Town of Los Gatos (hereinafter "Town ") and Lorelyn Formusa (hereinafter "contractor "). The parties hereby agree as follows: WHEREAS: On October 26, 1984, the Town entered into an agreement for law clerking services with Lorelyn Formusa, copy attached hereto as Exhibit 1; WHEREAS: The Town desires to increase the rate of compensation for law clerking services to $9 per hour; WHEREAS: The Town desires to extend the term of the agreement through May 23, 1986. NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Section 3 of Exhibit 1 is amended to extend the term of the agreement through May 23, 1986. cant; nn 7 Section 4 of Exhibit 1 is amended to provide that compensation to be paid to the contractor shall be $9 per hour. The other provisions of Section 4 shall remain in force and in effect. Continn i All other provisions of Exhibit 1 shall remain in force and in effect. Page 1 of 2 WITNESS THE EXECUTION HEREOF on the day and year first herein - above written. APPROVAL BY DEPARTMENT HEAD: \m cy i "TOWN" TOWN OF LOS GATOS By c �- Acting Town Manager 110 East Main Street Los Gatos, CA 95030 Address pfd f ��� Page 2 of 2 AGREEMENT FOR PERSONAL SERVICES AGREEMENT between the Town of Los Gatos and Lorelyn Formusa for law clerking services This Agreement is made and entered into this 26th day of October 1934 by and between the Town of Los Gatos (herein =ter "Town" ) an iorelvn Formusa (hereinafter "Contractor "). The parties hereby agree as follows: SECTION T. RECITALS The purpose for which this Agreement is made and all pertinent recitals are listed on Exhibit A. entitled "RECITALS," which is attached hereto and incorporated herein. Time is of the essence in the Agreement. SECTION 2. SCOPE OF SERVICES. Contractor shall perform those services as specified in detail in I Exhibit B, entitled "SCOPE OF SERVICES," which is attached hereto and 0 incorporated herein. SECTION 3. TERM.OF AGREEMENT. The term of this Agreement shall be from October 26, 1984 to June 30, 1985 inclusive. SECTION 4. COMPENSATION. The compensation to be paid to Contractor shall be x0.00 ner hour payable as follows: monthly or biweekly paychecks with a minimum of 7 nrs( week. Such compensation shall e fu-FT—payment for costs of all a or, materia s, and expenses of any kind incurred by Contractor in the performance of the above services. In no event shall any payment by Town be due Contractor for any period of time Contractor is unable, due to illness, disability, or any other reason, to actually provide services. The rate and schedule of payment is set out in Exhibit C, entitled "COMPENSATION," which is attached hereto and incorporated herein. SECTION 5. INDEPENDENT CONTRACTOR. Contractor and Town agree that Contractor is and shall be at all times an independent contractor and not an employee of Town, and that Contractor shall not be entitled to any salary, fringe benefits, pension, worker's compensation, sick leave, insurance or any other benefit or right connected with employment by the Town of Los Gatos, or any compensation other than that described herein. Contractor hereby expressly waives any claim he /she may have to any such rights. SECTION.6. ASSIGNMENT. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of Town, and any attempt by Contractor to so assign or transfer this Agreement or any right, duties or obligations arising hereunder shall be void and of no effect and shall at the option of Town be considered a material breach of this Agreement. SECTION 7. RELIANCE ON CONTRACTOR. Contractor, being skilled in the profession necessary to perform the service agreed upon, hereby agrees to indemnify Town against any loss or liability arising from the failure of Contractor to perform in the most skillful manner; acceptance of said services shall not operate as a waiver by Town of such right of indemnification. SECTION 8. TERMINATION. A. Town shall have the right to terminate this Agreement, without cause, by giving no less than 30 days' written notice of termination. B. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, Town may terminate the Agreement immediately upon written notice. Contractor shall cease all work upon receipt of same and shall be compensated only for work completed prior to that time. SECTION 9. COMPLIANCE WITH LAWS. Contractor shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state and local level. SECTION 10. CONFIDENTIAL INFORMATION. All data, documents, discussions or other information developed or received by or for Contractor in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by the Town Attorney or his /her designee, or as required by law. SECTION 11. PRIOR AGREEMENTS AND AMENDMENTS. This Agreement represents the entire undeerstanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hers °under. This Agreement can only be modified by written amendment. SECTION 12. COSTS AND ATTORNEY'S FEES. Should either party bring suit in court to enforce any of the terms of this Agreement, it is agreed that the losing party shall pay to the successful party its costs and attorney's fees. -2- SECTION 13. WAIVER. Contractor agrees that waiver by Town of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this agreement and shall not prevent Town from requiring strict compliance with the terms of this Agreement in the future. SECTION 14. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the address designated beneath the signatures of the parties hereto, or to such other address as may be designated by written notice. WITNESS.THE EXECUTION HEREOF on the day and year first hereinabove written. "TOWN" » TOWN OF LOS GATOS. ,ZManager 110 East Main Street Los Gatos, CA 95030 'CONTRACTOR" APPROVAL BY DEPARTMENT HEAD: r h1