1984-042-Authorizing The Town Manager To Execute Agreements For Personal ServicesRESOLUTION NO. 1984 -42
A RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO
EXECUTE AGREEMENTS FOR PERSONAL SERVICES
WHEREAS, the Town of Los Gatos from time to time seeks to enter
personal service agreements for temporary, less than one -half time service
under 1040 hours in a one -year period, with individuals rather than
directly employ such persons; and
WHEREAS, the ability of the Town Manager to execute personal
service agreements on behalf of the Town will allow an efficient
processing of said agreements; and
WHEREAS, the Town Manager is the Personnel Director of the Town
and has the authority over hiring all employees except the Town Clerk,
Town Treasurer, and Town Attorney, subject to the civil service system of
the Town, in accordance with Town Code Section 2 -20; and
WHEREAS, the Town Attorney has prepared a form Agreement for
Personal Services for use by the various Town departments in substantially
the same form as Exhibit "A" attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS that the Town Manager, or his designate, is hereby authorized to
execute Agreements for Personal Services on behalf of the Town for
temporary, half -time services totaling less than 1040 hours per one -year
period.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 19 day of ___March_, 1984 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LUS GATE
AGREEMENT FOR PERSONAL SERVICES
[insert position or service]
AGREEMENT between the Town of Los Gatos and
for
This Agreement is made and entered into this day of ,
19 by and between the Town of Los Gatos (hereinafter "Town" -and
(hereinafter "Contractor ").
The parties hereby agree as follows:
SECTION 1. 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
Exhibit B, entitled "SCOPE OF SERVICES," which is attached hereto and
incorporated herein.
SECTION 3. TERM OF AGREEMENT.
The term of this Agreement shall be from
to , inclusive.
SECTION 4. COMPENSATION.
The compensation to be paid to Contractor shall be ,
payable as follows
Such compensation shall c full payment for costs of all a or, materta 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.
EXHIBIT "A"
me
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 S. TERMINATI
A. Town shall nave the right to terminate this Agreement,
without cause, by giving no less than 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 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 hereunder. 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.
[OPTIONAL FOR MINOR]:
"CONTRACTOR"
By
Parent or Guardian
Contractor's Address
APPROVAL BY DEPARTMENT HEAD:
-3-
"TOWN"
TOWN OF LOS GATOS
By
Manager
110 East Main Street
Los Gatos, CA 95030
"CONTRACTOR"
Address:
RECITALS
WHEREAS, the Town of Los Gatos requires:
WHEREAS, (Name of Contractor) has the necessary
professional expertise and skill required;
NOW, THEREFORE, the purpose of this AGREEMENT is to retain
as CONTRACTOR for TOWN in order to
have as CONTRACTOR,
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
COMPENSATION
Initial payment is (Rate of pay)
Maximum payment is (Schedule of
Reimbursable expenses shall include:
EXHIBIT C