1999-101-Enter Into An Agreement For Planning Services With Lee E. BowmanRESOLUTION 1999 -101
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AU"I'HORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT FOR PLANNING SERVICES WITH LEE E. BOWMAN
WHEREAS, the Town Council desires to use consultant services for planning services since
the Planning. Director retired after 25 years of.employment; aild
WHEREAS, due to the uniqueness and special expert knowledge, qualifications and
experience required to provide these services for the completion of certain long term projects;. and
WHEREAS, the .consultant will assist the Town for a limited duration during the transition
period as the recently 1lired Community Development Director assumes responsibility for Town
planning services
WHEREAS, the consultant is willing and able to provide the services on the terms and
conditions set forth inthe agreement (attached) and pursuant to the provision of Government Code
Section 21221(h).
RESOLVED, by the Town Council that the Town Manager is authorized and directed to
execute the attached agreement for consultant service in the name and in behalf of the TOWN OF
LOS GATOS.
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PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6t'' day
of July, 1999 by the following vote:
COUNCIL .MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynsl~i,
Mayor Jan Hutchins
NAYS.: None
ABSENT: None
ABSTAIN: None ' ''~
SIGNED: ~ ~' ' ~~'~"„~'"
MAY ~""" GATOS
LOS G S, CALIFORNIA
ATTEST:
~~ ~
CLERK OF THE '1'O~'N OF LO ATOS
LOS GA'TOS, ~C~`~,I,I~(~'RNIA `
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AGREEMENT FOR PLANNING SERVICES
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THIS AGREEMENT ("Agreement") is made and entered into this _day of July,
1999,. by and between the Town of Los Gatos, a California municipal corporation ("TOWN")
and Lee E. Bowman, 1:84 Belvue Drive, Los Gatos California 95032, aself-employed
individual ("CONSULTANT").
A. CONSULTANT retired on or about June 30, .1999 after over 25 years employment
as the Planning Director for Town.
B. Because of .his long employment by TOWN, his knowledge of TOWN and his
extensive working experience and training in the area of urban planning, CONSULTANT
is able to provide unique and highly specialized planning services for TOWN.
C. TOWN desires that CONSULTANT assist TOWN fora invited duration during the
transition period as the recently hired Community Development Director takes over
responsibility for Town planning services. Specifically, CONSULTANT will oversee the
completion of certain long term planning projects initiated during CONSULTANT'S
employment, and 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).
NOW, THEREFORE, THE .PARTIES .AGREE as follows:
SCOPE OF SERVICES
CONSULTANT'S services .shall include, but not be limited to, the following:
Hours
a. Direct and oversee all General Plan Update activities.
b. Direct Pocket Annexation Project activities.
c. Provide professional planning advice and
guidance to the Community Development
Department as directed by the Town Manager.
d. Other duties as directed by the Town Manager.
Total Hours Not to Exceed:
420
150
150
240
960
The scope of services, including the allocation of scheduled hours, may by modified by the
mutual agreement of the Town Manager aid CONSULTANT.
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2. COMPENSATION
a. TOWN shall pay to CONSULTANT Ninety Dollars ($90.00) per hour up
to a maximum of .nine hundred sixty (960) hours as full consideration :for all services
rendered hereunder. Said fees :are payable 30 days after receipt of approved invoice.
b. CONSULTANT shall submit- monthly :invoices tq TOWN indicating
number of hours expended on Town, the service rendered, .and any reimbursable expenses
incurred in the performance of services hereunder. It is expressly understood that the fees
and expenses payable hereunder .include, and are paid in ieu of, all other compensation or
benefits, including, but .not limited to, vacation, sick leave:, retirement, insurance or other
remuneration or benefits payable to employees of TOWN.
c. CONSULTANT shall also be entitled to reimbursement for any and all
reasonable expenses incurred in performing the services required by this Agreement, subject
to approval of the Town Manager. "Reasonable expenses" shall be defined as the cost of a
Town of Los Gatos business license, car mileage @ $.31/mile, and those expenses
reimbursable to employees under existing TOWN policy.
d. Monthly billing shall be accompanied by a detailed explanation of the
work performed by CONSULTANT on what date. Also, plans, specifications, documents
or other pertinent materials shall be ubmitted for Town review, even if only in partial or
draft form.
Payment shall be net thirty (30) days.
All invoices to the Town shall .reference the Town's purchase order number, indicate
whether the services were related to the General Plan Update or General Fund
activities, and be addressed as .follows:
Invoices: Town of Los Gatos
Attn:. Accounts Payable
P.O. Eox 949
.Los Gatos, CA 95030
3. TERM
This contract shall be effective upon execution and .shall remain in full force and
effect through December 3 L, .1999, unless terminated earlier pursuant. to this Agreement. In
no event shall CONSULTANT work or be compensated for more than nine hundred sixty
(960) hours.
4. INDEPENDENT CONTRACTOR, TAXES AND INSURANCE
a. CONSULTANT is an independent contractor and the means by which he .
shall ,perform all work hereunder shall be under his sole control. The only control'TOWN
will .have will 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
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employee ofthe TOWN except as specified below in thisparagraph. CONSULTANT agrees
that. he will at all tunes safely, industriously, and to the best of his ability, experience, and
talent perform all of the duties and services .specified herein that may be required of
CONSULTANT to the reasonable satisfaction of TOWN.
b. CONSULTANT's duties shall be rendered at 110 -East 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, agrees that upon the occurrence of any event contemplated in Government Code
§825 TOWN shall extend to CONSULTANT the benefits of an employee as established
therein and in Government Code §§995, 995..2 and 995.4. TOWN waives any and all rights
it may have to bring any claim or action against CONSULTANT for negligent performance
under this Agreement. CONSULTANT shall be covered by TOWN'sworkers compensation
coverage in the event ofaccident or injury which qualifies for such coverage under state and
local .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 neither TOWN or any officer,
employee, or agent thereof has made any representations or promises regarding any federal
or state incometax or any 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 hall be solely responsible for any and all taxes to be paid
to the federal and/orstate government under this Agreement. TOWN shall issue aform 1099
or its functional equivalent, as required by the Internal Revenue Codeand/or California state
law.
5. MODIFICATION AND TERMINATION
-The terms of this contract may be modified or superseded only by .agreement in
writing executed by the parties hereto. Such agreement shall not be unreasonably withheld.
This contract shall be terminable~by either party upon ten (10) days written notice:
6. NOTICES
All notices herein provided shall be in writing and .addressed as follows:
TO TOWN: Town Manager
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031-0949
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TO CONSULTANT: Lee E. Bowman
1 ~4 Belvue Drive
Los Gatos, CA 95D32
The address to which 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.
7. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto withrespect to the subject matter hereof, and no other agreement,
statement or promise relating to the subj ect matter of this Agreement which is not contained
herein shall be valid or binding.
8. 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.
9. GOVERNING LAW
The validity of this Agreement as well as the rights and duties of the parties
hereunder shall be governed by the .laws of the State of California.
IN WITNESS WHEREOF said parties have executed this Agreement in duplicate on
the .date shown above.
TOWN OF LOS GATOS CONSULTANT
DAVID W. KNAPP
Town :Manager
LEE E. BOWMAN
.APPROVED AS TO FORM:
ORRY I'. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk
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