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.
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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
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APPROVED AS TO FORM:
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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.
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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
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9/5/89
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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
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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
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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
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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