2000-091-Authorizing The Mayor To Execute An Agreement With Les White For Interim Town Manager ServicesRESOLUTION 2000 - 91
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH LES WHITE
FOR INTERIM TOWN MANAGER SERVICES
WHEREAS, David W. Knapp will be departing on July 9, 2000 and an
Interim Town Manager needs to be appointed.
WHEREAS, Les White has agreed to serve as Interim Town Manager
beginning July 31, 2000.
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 an agreement
(attached) with Les White for Interim Town Manager services, and that the Mayor is
authorized, and is hereby directed, to execute said 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 1 oth day of July, 2000 by the following
vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Linda Lubeck, Joe Pirzynski,
Mayor Steven Blanton..
NAYS: None
ABSENT:
Jan HutcN
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN Off' LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
--d
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
4111
ORD
AGREEMENT FOR INTERIM TOWN MANAGER SERVES _
THIS AGREEMENT (."Agreement") is made and entered into this clay ot July, 2uuu,
by and between the Town of Los Gatos, a California municipal corporation ("TOWN") and Leslie
R. White, 535 Vista Del Mar Drive, Aptos, CA 95003, a self-employed individual
("CONSULTANT"),
A. TOWN is in the process of recruiting a new Town Manager.
B. CONSULTANT is an experienced public administrator having served as the City Manager
of the City of San Jose, CA.
C. TOWN desires that CONSULTANT provide management services as Interim Town Manager
while the Town recruits a manager to fill the position on a permanent basis, 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. Powers and duties of the Town Manager pursuant to § 2,30.295 of the Code of the
Town of Los Gatos, California (EXHIBIT A).
B. Assist with the recruitment of a permanent Town Manager.
C. CONSULTANT shall be unavailable for four (4) business. days during the term of this
agreement.
2. COMPENSATION
A. Town shall pay CONSULTANT $11,667.00 on a monthly basis. No invoice is
required. Payment shall be net 30 days.
B. It is expressly understood that the fees and expenses 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
employees of TOWN.
NAMGR\WHITE.AGM Page 1 of 4
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C. CONSULTANT shall be entitled to reimbursement for any and all reasonable
expenses incurred in performing the services required by this Agreement, subject to
the approval of the Town Mayor. "Reasonable expenses" shall be defined as the cost
of a Town of Los Gatos. Business License, car mileage @ $0.325/mile, medical
insurance not to exceed $707 per month, and those expenses reimbursable to
employees under existing Town policy.
3. TERM
This contract shall be effective upon execution and shall remain in full force and effect
through ten (10) business. days following the appointment of a permanent Town Manager,
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 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 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 talent perform the 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
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. This waiver shall not in any manner be
deemed to limit Town'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.
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E. CONSULTANT acknowledges that neither TOWN of any officer, employee, or agent
thereof has made any representation or promises regarding any federal or state income
tax 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 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.
MODIFICATION AND TERMINATION
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 terminable by either party upon thirty (30) days written notice.
6. NOTICES
All notices herein provided shall be in writing and addressed as follows:
TO TOWN: Mayor & Town Council
Town of Los Gatos
P. O. Box 949
Los Gatos, CA 95031-0949
TO CONSULTANT: Leslie R. White
53 5 Vista Del Mar Drive
Aptos, CA 95003
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 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.
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.
N:\MGR\WH1TE.AGM Page 3 of 4
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, and the venue for any action enforcing the
terms of this agreement shall be in Santa Clara County, California.
IN WITNESS WHEREOF said parties have executed this Agreement in duplicate on the date shown
above.
TOWN OF LOS GATOS
STEVEN BLANTON
Mayor
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk
NAMGR\WHITE.AGM Page 4 of 4
CONSULTANT
LESLIE R. WHITE