HomeMy WebLinkAboutCC 7 AG KEN FLEAGLE 09-20-82DATE:
Sept. 15, 1982
CONSENT CALENDAR
NO. 7
9-20-82
Inter-Corn
TO:
FROH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
BILL HUSTON, CITY MANAGER
AUTHORIZATION TO RENEW AGREEMENT WITH KEN FLEAGLE
It is recommended that the City Council authorize the Mayor to execute the
attached agreement which extends Ken Fleagle's services through June 30,
1983. The agreement contains essentially the same terms and conditions
with the exception of:
The scope of services is limited to annexation and redevelopment
studies and other projects as directed by the City Manager.
e
The agreement will expire on June 30, 1983 in lieu of September 1983
in order that consideration of whether the agreement should be
extended beyond June 1983 can be based upon the need for the services
and availability of funds through the budget review process.
3. The hourly rate has been increased from $18 to $20 per hour which is
an 11% increase. The rate was last adjusted in September 1980.
WH:dmt
AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1982, by and between the CITY OF TUSTIN, a munici-
pal corporation (hereinafter referred to as "CITY") and R. KENNETH
FLEAGLE, D.P.A., an independent contractor, residing in Tustin,
California (hereinafter referred to as "CONSULTANT").
WI TN E S S ET H
WHEREAS, CITY desires certain surveys, studies, reports,
and documents, required by the laws of the State of California; and
WHEREAS', CONSULTANT, by virtue of his education and
experience is competent to provide independent, expert services
required to formulate the required documents and development ser-
vices;
NOW, THEREFORE, in consideration of the premises and the
covenants and agreements hereinafter provided, the parties agree as
follows:
1. CONSULTANT shall perform annexation and redevelopment
studies and other projects as determined and approved by the City
Manager.
2. CONSULTANT, in carrying out the studies and projects,
as desired by the CITY, shall provide services to CITY of the
number of hours approved by the City Manager which shall be not
less than forty (40) hours per month nor more than seventy-two (72)
hours per month except upon further mutual written agreement.
3. CITY shall make available to CONSULTANT office space
and such secretarial and support services as shall be determined
from time to time by CITY to be reasonable and necessary.
4. CONSULTANT agrees to perform the services set forth
herein, and CITY agrees to pay the sum of Two Hundred Dollars
($200.00) per month during each month of the term of this agree-
ment, together with the sum of twenty dollars ($20.00) for each
hour worked by CONSULTANT in the performance of the services pro-
vided herein. Each month CONSULTANT shall furnish CITY with a
detailed, itemized written statement of services performed each
month and the hours spent on each activity. The aforementioned
sums shall constitute CONSULTANT'S entire compensation and CONSUL-
TANT shall not be entitled to fringe or any other benefits nor any
other form of additional compensation not specifically provided for
herein.
5. CITY and CONSULTANT intend, by this agreement, to
establish only an independent contractor relationship and not an
employer-employee relationship. As an independent contractor, CON-
SULTANT shall not be deemed to be an employee of CITY as that term
is defined in California Labor Code Section 3351 (b) or otherwise.
It is agreed that no compensation will be provided to CONSULTANT
from CITY or any other source as an employee and all rights are
waived for claims under the provisions of the California Labor Code
Worker's Compensation Act.
6. Neither this agreement nor any duties or obligations
hereunder shall be assignable by CONSULTANT without the prior writ-
ten consent of CITY.
7. The term of this agreement shall commence on
September 20, 1982, and terminate on June 30, 1983, unless mutually
extended, or modified or amended in writing by the parties hereto.
8. This agreement supersedes any and all agreements
either oral or in writing between the parties hereto, and no other
agreement, statement, or promise relating to the subject matter of
this agreement shall be valid or binding.
IN WITNESS WHEREOF, this agreement has been executed by
the parties hereto on the day and year first above written.
APPROVED AS TO FORM:
JAMES G. ROURKE
City Attorney
R. KENNETH FLEAGLE, D.P.A.
Consultant
CITY OF TUSTIN, a municipal
corporation
BY:
RICHARD B. EDGAR
Mayor
ATTEST:
MARY E. WYNN
City Clerk