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Home My WebLink AboutAGMT - Hastings, Gregory PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES Between �F SEA( B•"4 \��pRPORgTFO 9� �o• hitt litpk, • • O t %Q I��/fjl��Q c,�Q. Qi �� BFq 21 \k : Off: 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. 1 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. 2 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 3 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 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 4 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 ! R Abe ey-. Ingram, City nager Gregory-Hastings Dated: 3 ato Jd- Dated: 3-0012.- ATTEST: APPROVED AS TO FORM: 4)/10Y 9 /1 ILA/Votki Lin•a Devine, City Clerk inn Barrow, City Attorney [END OF SIGNATURES] 5 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/1.1 l�h ,i '2)' 'i. c�V2 9 y1 NOES: Council Members / �,,1� ABSENT: Council Members �YGh11 ABSTAIN: Council Members PL-10,11., /l / % � ayor ATTEST: ° Sad ' ' , � aJ 44„4,. 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. —CitYLGGfI 1/1 /VV fti y/Clerk