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AGENDA STAFF REPORT . .�
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DATE: March 26, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager/Public Works
SUBJECT: APPROVING AN AGREEMENT FOR AN INTERIM
DIRECTOR OF DEVELOPMENT SERVICES
SUMMARY OF REQUEST:
It is requested that the City Council adopt Resolution No. 6238 approving an
agreement with Gregory Hastings for services of Interim Director of Development
Services.
BACKGROUND AND ANALYSIS:
The former Director of Development Services departed the City effective March
2, 2012. The City will be opening a recruitment to fill the vacancy. In the interim,
the City Manager desires to retain the services of Gregory Hastings. Mr.
Hastings recently retired as the Planning Services Manager for the City of
Anaheim. Mr. Hastings has been a professional planner in the public sector in
California for over 30 years, and is very well qualified to serve as the City's
Interim Director of Development Services.
Mr. Hastings will perform the functions and duties of the Director of Development
Services that include planning, directing, managing and overseeing the activities
and operations of the Development Services Department, as well as providing
highly responsible and complex administrative support to the City Manager. Per
the attached Agreement, the City will pay Mr. Hastings a maximum of $3,400 for
each week worked. He will not receive overtime compensation. He may, with
the City Manager's prior approval, take leave without pay for days that he is not
available to perform his services. The City will reimburse him for actual and
necessary expenses incurred in the performance of his services. The Agreement
will expire on the earliest of the following dates: September 26, 2012 or the date
upon which he has worked 960 hours (due to PERS rules) or until such time a
permanent Director is selected and in place.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Agenda Item E
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Based on the terms of the Agreement, the maximum amount the City will pay Mr.
Hastings is $88,400 ($6,800 x 13 pay periods) plus a cell phone allowance of
$75.00 per month for City business and actual and necessary expense
reimbursements. The former Director of Development Services total
compensation for this six-month period would have been approximately $98,705
including employee salary and benefits.
The source of all payments to Mr. Hastings will be charged to Account 001-030-
40004.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 6238 approving an
agreement with Gregory Hastings for services of Interim Director of Development
Services.
SUBMITTED BY: NOTED AND APPROVED:
PA,4
Sean . by 0-. Ingram, Cit Ma :ger
Assi- :nt ity Manager/Public Works
Attachments:
A. Resolution No. 6238
B. Professional Services Agreement with Gregory Hastings
Page 2
RESOLUTION NUMBER 6238
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH GREGORY HASTINGS
FOR INTERIM DIRECTOR OF DEVELOPMENT SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves that certain agreement between
the City and Gregory Hastings, dated March 26, 2012, for Interim Director of
Development Services.
Section 2. The Council hereby directs the City Manager to execute the
agreement.
PASSED; APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of March , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6238 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 26th day of March , 2012.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Gregory Hastings
7656 Big Canyon Drive
Anaheim CA 92808
This professional services agreement ("Agreement") is made and entered into on March
26, 2012 by and between the City of Seal Beach, a charter city and municipal corporation
("City"), and Gregory Hastings, an individual.
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RECITALS
WHEREAS, it is the desire of the City to hire an individual to serve on an interim
basis to perform the duties of Interim Director of Development Services; and
WHEREAS, Gregory Hastings represents that he is qualified to perform the duties
of Interim Director of Development Services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
City and Gregory Hastings hereby agree as follows:
AGREEMENT
1.0 Duties
1.1 The City hereby engages the services of Gregory Hastings (hereinafter
"CONSULTANT") to perform the functions and duties of Interim Director of
Development Services ("Services"). CONSULTANT is "at-will" and serves
at the pleasure of the City's City Manager.
1.2 CONSULTANT shall devote his full energies, interests, abilities and
productive time to the performance of the Services.
1.3 CONSULTANT shall not engage in any activity, consulting service or
enterprise, for compensation or otherwise, which is actually or potentially
in conflict with or inimical to, or which materially interferes, with his duties
and responsibilities to City.
2.0 Term and Termination
2.1 Term and Effective Date. CONSULTANT shall commence his services
hereunder as of March 28, 2012 (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 Hourly Rate. City shall pay CONSULTANT at the rate of $85 for each
hour worked. City shall pay CONSULTANT at the same time employees
of the City are paid on a bi-weekly basis.
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3.2 Expenses. City shall reimburse CONSULTANT for actual and necessary
expenses incurred in the performance of his 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 Deductions and Withholding. City will deduct or withhold from
CONSULTANT's compensation any and all applicable federal or state
income tax and all other taxes, deductions or withholdings required by
then current state, federal or local law. The City shall issue a W-2 form to
CONSULTANT.
3.4 Benefits. CONSULTANT shall not receive any benefits.
3.5 Work Schedule. CONSULTANT shall devote the necessary hours to
perform his duties, and shall normally work 40 hours per week.
4.0 Insurance
CONSULTANT shall procure and maintain in effect a policy of automobile
insurance for use of his 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.
5.3 The provisions of this Mutual Indemnity Clause shall survive the
termination or expiration of this Agreement.
6.0 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
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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.
7.0 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.
8.0 General Provisions
8.1 Compliance with Laws. CONSULTANT shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations.
8.2 Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment: to
CONSULTANT constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of
CONSULTANT, and the making of any such payment by City shall in no
way impair or prejudice any right or remedy available to City with regard to
such breach or default.
8.3 Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including all
attorney's fees incurred in connection with such action or proceeding. The
venue for any litigation shall be Orange County, California.
8.4 Headings. The headings herein are descriptive only and for convenience
in reference to this Agreement. Should there be any conflict between
such caption, and the section where he heading appears, the section, and
not such heading, shall control and govern in the construction of this
Agreement.
8.5 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
8.6 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 1:his
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
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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 INTERIM DIRECTOR
OF DEVELOPMENT SERVICES
Jill R. Ingram, City Manager Gregory Hastings
Dated: Dated: 3-/
ATTEST: APPROVED AS TO FORM:
Linda Devine, City Clerk Quinn Barrow, City Attorney
[END OF SIGNATURES]
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