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1989-1205_HAMMON, KENNETH_Amendatory AgreementCity Copy !� T2/23/90 AMENDATORY AGREEMENT THIS AGREEMENT is made this Sth day of December , 1989, by and between THE CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City and KENNETH HAMMON, hereinafter referred to as "Consultant". Whereas, City and Consultant have entered into a professional consulting agreement for financial department head consulting services; and Whereas, City and Consultant desire to amend said agreement, NOW, THEREFORE, BE IT RESOLVED between City and Consultant as follows: 1. The said Consulting Agreement shall hereby be extended to and including February 23, 1990. 2. Consultant shall be paid an additional $10,000.00 in consideration for the performance of additional consulting services by Consultant through the period of February 23, 1990. 3. All of the terms and conditions of the said Consulting Agreement shall remain in full force and effect. Date: Decemberg , 1989. APPROVED AS TO FORM City lAt7fforney ATTEST: KENNETH HAMMON, Consultant CITY OF SAN JUAN CAPISTRANO, C 911 City Copy AGREEMENT FOR CONSULTING SERVICES (Short Form) THIS AGREEMENT is made this 5th day of September . 1989, by and between the CITY OF SAN JUAN CAPLSTRANO, hereinafter referred to as "City", and KENNETH HAMMON, hereinafter referred to as "Consultant". WITNESSETH: This Agreement is made by and between City and Consultant for the consideration hereafter named, as follows: SECTION 1. SCOPE OF WORK Subject to the terms of this Agreement, Consultant shall perform the following described work: Perform the duties of Administrative Services Director, including the duties of City Treasurer. SECTION 2. TIME OF BEGINNING AND COMPLETION OF SERVICES The services provided for under this Agreement shall begin upon execution of this Agreement by all parties. It is intended that services provided under this Agreement shall be completed on or before December 15, 1989; if services are not completed by that date, the agreement shall continue until City deems all work completed by notice to Consultant to that effect. SECTION 3. PAYMENT FOR CONSULTANT'S SERVICES Payments under this Agreement shall be as follows: $30.00 per hour for the first two weeks and City will provide housing. $35.00 per hour thereafter and Consultant will provide his own housing. Billings shall be sent by Consultant to City on a periodic basis as agreed to by the parties. The billings shall be sent to: George Scarborough, Assistant City Manager. Total cost to City for Consultant's services shall not exceed $22,942.00. SECTION 4. CHANGES IN SCOPE OF WORK No additional fees shall be paid by City for additional consulting services not included in this Agreement without the written approval of the City prior to undertaking such work. SECTION 5. TERMINATION City may, without cause, terminate this Agreement at any time prior to completion by Consultant of any of the services required hereunder. Notice of Termination of this Agreement shall be given in writing to Consultant, and shall be sufficient to complete when same is is deposited in the U.S. Mail, first class postage prepaid. Page 1 0 0 In the event this Agreement is terminated by City, Consultant shall be paid the value of services performed by him pursuant to this Agreement prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by City, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in SECTION 3. SECTION 6. NO ASSIGNMENTS Consultant shall not assign any portion of the work under this Agreement without the prior written approval of the City. SECTION 7. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Consultant shall be an independent contractor, and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. SECTION 8. INDEMNITY Consultant shall be responsible for all injuries to persons and for damages to real or personal property of City, caused by or resulting from any activity or operation of Consultant, its employees, or its agents during the progress of, or connected with, the rendition of services hereunder. Consultant shall defend and hold harmless and indemnify City and all officers and employees of Agency from all costs and claims for damages to real or personal property, or personal injury to any third party resulting from the activity of itself, employees, or its agents. SECTION 9. CONSULTANT NOT AN AGENT Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. SECTION 10. BONDING City will procure a theft bond covering Consultant prior to the Consultant performing the duties identified in this Agreement. SECTION 11. PERSONNEL Consultant agrees to assign the follow person/persons to perform the tasks set forth in this Agreement: KENNETH HAMMON Page 2 0 APPROVED AS TO FORM: a Page 3 r -I CONSULTANT By CITY OF SAN JUAN CAPISTRANO BY ��� ✓' GA Y L. HA DORFER, MAYOR ATTEST: AGENDA ITEM December 5, 1989 TO: Stephen B. Julian, City Manager FROM: George Scarborough, Assistant City Manager SUBJECT: Status Report on Administrative Services Director Recruitment and Request for Extension of Interim Appointment SITUATION: The City's recruitment for the position of Director of Administrative Services appears to have been quite successful. The recruitment period has closed and we have received more than 70 resumes in response to advertisements and our invitational materials. Kay Jimno, of Ralph Andersen & Associates, who is conducting our recruitment is in the process of interviewing the most qualified candidates and conducting background checks. This week Ms. Jimno will be providing the City with a written report summarizing the background information and the results of her interviews, and making recommendations regarding which of the applicants should be included as candidates in the final selection process. The final selection process will be conducted this month and we would expect the City's new Director of Administrative Services will be on the job in early February. At this time, we request approval of an amendment of the contract with Ken Hammon to provide for extension of the contract from December 15, 1989 to February 23, 1990 to ensure retention of Mr. Hammon's services until the new Director of Administrative Services assumes his position with the City. In addition, we request the authorization for payment of Mr. Hammon's services be increased by $10,000 to cover the cost of his services for the extended period. This increase in the payment for his services will be offset by salary savings in the Administrative Services Director position. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The cost to extend Mr. Hammon's contract to February 23, 1990 will be approximately $10,000. This additional cost in consulting services will be offset by salary savings in the Administrative Services Director position. NOTIFICATION: Not applicable. FOR CITY COUNCIL AGENDA�w/4 / s Agenda Item -2- December 5, 1989 ALTERNATE ACTIONS: 1. Adopt the amended agreement for consulting services extending the period of completion of services to February 23, 1990, and authorizing an increase in the payment for consulting services of $10,000. 2. Request additional information from staff. RECOMMENDATION: By motion, adopt the amended agreement for consulting services extending the period of completion of services to February 23, 1990, and authorizing an increase in the payment for consulting services of $10,000. Respectfully submitted, r e S ar oro '91 GS:dh Attachment Bill Hardy - Chairman, Los Rios. Review Committee Jean LaBurn - Chairman, Mobile Home Park Review Committee Gil Jones - Planning Commission Pamela Hallan-Gibson - Community -at -large Terry Dorse - Community -at -large 4. RECOMMENDATION FROM THE ECONOMIC DEVELOPMENT COMMISSION - FORMATION OF AN ECONOMIC DEVELOPMENT CORPORATION (470.15) Written Communication: Report dated September 5, 1989, from the Economic Development Commission, forwarding a mission statement and objectives regarding a recommendation to form an Economic Development Corporation to conduct workshops and seminars, develop informational databases, enhance communication among community organizations, and undertake physical improvements through the development of financial assistance programs to assist local small businesses to remain within the community. Mr. Julian gave an oral presentation, citing examples of financial assistance that could be directed from the corporation to small businesses in the City, i.e. to comply with the sign ordinance, to meet safety requirements. He noted that the corporation would be non- profit and would use the banking community. Approval of Corporation: It was moved by Councilman Friess, seconded by Councilman Schwartze, and unanimously carried that the recommendation of the Economic Development Commission to form an Economic Development Corporation be taken under advisement. The City Manager was directed to develop the concept of an Economic Development Corporation more fully, including proposed by-laws, articles of incorporation, budget, funding sources, and a preliminary program of work, with a report to be submitted to the Council at the January 16, 1990, Council meeting. ---7;>- 5. AGREEMENT FOR CONSULTANT SERVICES - INTERIM ADMINISTRATIVE SERVICES DIRECTOR (KENNETH M HAMMON) (600.30) FI -- Written Communication: Report dated September 5, 1989, from the Assistant City Manager, recommending that the services of Kenneth M. -13- 9/5/89 F-1 L Hammon be retained as Interim Administrative Services Director during the recruitment for a new Director. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the Agreement for Consulting Services with Kenneth M. Hammon to serve as Interim Administrative Services Director be approved, at a cost not to exceed $22,942. The Council commended Bob Boone for his services to the City. CITY CLERIC 1. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF CITY FUNDS (320.10) Written Communication: Report dated September 5, 1989, from the City Clerk forwarding the Resolution authorizing the signatures of the Mayor or Mayor pro tem and the Deputy City Treasurer or consultant City Treasurer/ Director of Administrative Services, Kenneth M. Hammon to deposit and invest City funds and to draw checks on deposit accounts. It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the newly appointed City Treasurer be authorized to sign the signature cards for the City's bank accounts; and that the following Resolution be adopted: RESOLUTION NO. 89-9-5-5. DEPOSIT AND INVESTMENT OF CITY FUNDS AND AUTHORING SIGNATURES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 88-4-19-2 -14- 9/5/89 0 AGENDA ITEM TO: Stephen B. Julian, City Manager 0 September 5, 1989 FROM: George Scarborough, Assistant City Manager SUBJECT: Agreement for Consulting Services, Administrative Services Director SITUATION: In order to insure that the Administrative Services Department functions as smoothly and as effectively as possible during the recruitment for the new director, City Staff recommends that we retain the services of Kenneth M. Hammon to act as Interim Administrative Services Director. Mr. Hammon has had a long and distinguished career in the public sector. He has served as the Director of Finance for the City of Pleasanton, the City of Pittsburgh and for the City of Richmond. Mr. Hammon has also served as the Senior Vice President for First California Securities and as a Vice President for Stone and Youngberg. Since his retirement in July of 1988, Mr. Hammon has acted as a contractor performing services on an interim basis for local governments on behalf of Public Service Skills, Incorporated, a non-profit corporation sponsored by the League of California Cities. The League established Public Service Skills to meet the needs of cities for experienced, well-qualified managers to serve on an interim or temporary basis. COMMISSION/BOARD REVIEW dr RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Funds budgeted for the Administrative Services Director's salary and benefits will be sufficient to offset the cost of the agreement for consulting services. ALTERNATE ACTIONS: Approve the Agreement for Consulting Services with Kenneth M. Hammon to serve as Interim Administrative Services Director, 2. Request further information from Staff. FOR CRY COUNCIL AGENDA 7q 0 0 Agenda Item -2- September 5, 1989 RECOMMENDATION: Approve the Agreement for Consulting Services with Kenneth M. Hammon to serve as Interim Administrative Services Director Respectfully submitted, Geotge S r oro ghe GS:dh Attachment 6CC • 3a CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: City Manager FROM: City Clerk DATE: November 1, 1989 SITUATION: The City Council of the City of San Juan Capistrao at its regular meeting held September 5, 1989, approved the agreement with Kenneth Hammon to provide interim Administrative Services Director and City Treasurer services for the period ending December 15, 1989. ACTION REQUESTED: Please notify this department to the status of the above -referenced agreement. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 11/1/89 Deadline Date: 12/15/89 cc: City Attorney Assistant City Manager (600.30/hammon 0 MEMORANDUM ununm 1961 1776 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN TO: Ken Hammon, Interim Director of Administrative Services FROM: Mary Ann Hanover, City Clerk DATE: December 7, 1989 SUBJECT: Extension of Interim Appointment As you are aware, at their meeting of December 5, 1989, the City Council approved the extension to your Consulting Services Contract to February 23, 1990, at an additional sum of $10,000. A fully -executed copy of the amended contract is enclosed for your files. MARY ANN HANOVER MAH/cj Enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 498-1171 9 JOlpw.01A110 �Iw.�le 1961 1776 September 11, 1989 Mr. Kenneth Hammon 1012 Sheppard Road Walnut Creek, California 94598 MEMBERS OF THE CITY COUNCIL ANTHONY L. GLAND LAWRENCE F. DUCHH91M KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN S JULIAN Re: Award of Contract - Interim Director of Administrative Sery Dear Mr. Hammon: The City Council of the City of San Juan Capistrano at its regular meeting held September 5, 1989, approved the contract with you to provide interim Administrative Services Director and City Treasurer services for the period ending December 15, 1989, at a cost not to exceed $22,942. Enclosed is a fully executed copy of the Agreement for your records. Thank you for your assistance at this time and, welcome! Very truly yours, Mary Ann nover, CMC City Clerk MAH/cj Enclosure cc: City Manager 32400 PASEO ADELANT-O, SAN IUAIY CAI-ISrRANO, CALIFORNIA 92675 0 (714) 493-1171