HomeMy WebLinkAboutAGMT - Magnuson, Linda (Consulting Svcs-Asst City Mgr) • •
PROFESSIONAL SERVICES AGREEMENT FOR
CONSULTING SERVICES
between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
and
Linda Magnuson
701 Stardust Drive
Placentia, CA 92870
(714) 223 -7098
This professional services agreement ( "Agreement ") is made and entered into on March 22,
2011, by and between the City of Seal Beach, a charter city and municipal corporation
( "City "), and Linda Magnuson, an individual.
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RECITALS
WHEREAS, it is the desire of the City to hire a consultant to serve on an interim basis to
perform the duties of Interim Assistant City Manager; and
WHEREAS, Linda Magnuson represents that she is qualified to perform the duties of
Interim Assistant City Manager.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City
and Ms. Magnuson hereby agree as follows:
AGREEMENT
1.0 DUTIES
1.1 The City hereby engages the services of Linda Magnuson ( "Consultant"
hereinafter) to perform the functions and duties that City's City Manager shall
assign.
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2.0 TERM & TERMINATION
2.1 Commencement & Effective Date. Consultant shall commence her services
hereunder as of March 22, 2011 (the effective date of this Agreement).
2.2 Termination. Either City or Consultant may terminate this Agreement at any time
and without cause by giving written notice to the other party of such termination,
and specifying the effective date thereof, at least 15 days before the effective date
of such termination. Upon termination, Consultant shall be compensated for
those services that have been adequately rendered to City prior to the effective
date of termination, and Consultant shall be entitled to no further compensation.
3.0 COMPENSATION
3.1 Compensation. City shall compensate Consultant at the rate of $80.00 per hour
for services satisfactorily rendered. Consultant shall not be entitled to additional
compensation for any work performed in excess of eight hours per day, forty
hours per week or the City's normal office hours. Consultant is not an employee
for purposes of overtime, the Fair Labor Standards Act or any law or order.
3.2 Expenses. City shall reimburse Consultant for actual and necessary expenses
incurred in the performance of her official duties that are supported by expense
receipts in accordance with AB 1234 and any applicable City ordinances,
resolutions, rules, policies or procedures.
3.3 Invoices. On the Friday of each week Consultant performs services for the City,
Consultant shall submit to City an invoice that contains the number of hours she
has worked that week and any expense for which she seeks reimbursement.
Consultant shall provide receipts documenting the expense. City shall, within 10
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days of receiving such invoice, review the invoice and pay all approved charges
thereon. City will not withhold any applicable federal or state payroll and other
required taxes, or other authorized deductions from payments made to Consultant.
3.4 Consultant's Responsibility for Contributions, Payments, or Withholding.
Consultant shall be solely responsible for all contributions, payments, or
withholdings normally made on behalf of an employee including but not limited
to, state and federal income taxes, federal social security contributions, California
State disability insurance taxes, and unemployment insurance contributions.
4.0 Insurance. Consultant shall procure and maintain in effect a policy of automobile
insurance for use of her private vehicle. Such insurance shall not be subject to
cancellation, modification or lapse without City first receiving ten days advance written
notice.
5.0 Mutual Indemnity.
5.1 City agrees to indemnify, defend, and hold harmless Consultant from and against
any and all claims, actions, proceedings, suits, or damages, including costs and
attorneys' fees, resulting from physical harm or damage to persons or property
which harm arise out of or is in any way caused by the acts, omissions, negligence
or misconduct of City, its officials, officers, agents or contractors.
5.2 Consultant agrees to indemnify, defend, and hold harmless City, its elected and
appointed officials, officers, agents and contractors against any claims, actions,
proceedings, suits, or damages, including costs and attorneys' fees, resulting from
physical harm or damage to persons or property which harm arise out of or is in
any way caused by the acts, omissions, negligence or misconduct of Consultant,
her officers, agents or contractors.
5.3 The provisions of this Mutual Indemnity Clause shall survive the termination or
expiration of this Agreement.
6.0 Independent Contractor. Consultant is an independent contractor and not an
employee of the City. All services provided pursuant to this Agreement shall be
performed by Consultant.
7.0 Confidentiality. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant without
prior written authorization by City. City shall grant such authorization if applicable law
requires disclosure. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this Section shall survive the termination of
this Agreement.
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8.0 Assignment. Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
9.0 Entire Agreement. This Agreement represents the entire agreement between the
parties and supersedes other agreements, either oral or in writing, between the parties
with respect to the subject matter of this Agreement. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by either party, or anyone acting on behalf of either party,
which are not embodied herein, and that no other agreement, statement of promises not
contained in this Agreement shall be valid or binding upon either party,
IN WITNESS WHEREOF, the CITY OF SEAL BEACH has caused this Agreement to be signed
and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly
authorized, and CONSULTANT has signed and executed this Agreement, both in duplicate.
CITY OF SEAL BEACH CONSULTANT
r CUR . t
Ingram, Acting . 41 anager Li da Magnuso '
Dated: 44a,) I Dated: 3 f / )
ATTEST: APPROVED AS TO FORM:
n
C i y Clerk it ty Attorney
[END OF SIGNATURES]
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