HomeMy WebLinkAboutCC AG PKT 2011-10-10 #CAGENDA STAFF REPORT
DATE: October 10, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: APPROVING AMENDMENTS TO THE
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CLASSIFICATION PLAN AND THE EXECUTIVE
MANAGEMENT AND MID - MANAGEMENT TERMS AND
CONDITIONS OF EMPLOYMENT; AND APPROVING
AN AGREEMENT FOR AN INTERIM DIRECTOR OF
FINANCE /CITY TREASURER
SUMMARY OF REQUEST:
It is requested that the City Council:
1. Adopt Resolution No. 6189 amending Resolution 5853 Executive
Management and Mid - Management Terms and Conditions of Employment to
authorize the City Manager to appoint a department head as Assistant City
Manager and to amend provisions as required to implement the proposed
changes to the Classification Plan;
2. Adopt Resolution No. 6190 approving amendments to the Classification Plan
as follows:
• Eliminating the classification of Director of Administrative Services,
• Adding the classification of Director of Finance /City Treasurer, and
• Adding the classification of Administrative Manager; and
3. Adopt Resolution No. 6191 approving an agreement with Shally Lin for
services of Interim Director of Finance /City Treasurer.
BACKGROUND AND ANALYSIS:
Effective July 1, 2011, Jill R. Ingram was appointed by the City Council as the
City Manager for the City of Seal Beach. Over this time the City Manager has
taken the opportunity to evaluate the organizational chart for the City of Seal
Beach. The following are proposed modifications to the City's organizational
structure to allow the City to continue to provide the highest level of service, and
increase the efficiency at which the organization operates.
Agenda Item C
Assistant City Manager
Currently the Director of Public Works is functioning in a dual role of Assistant
City Manager while continuing to perform his department head responsibilities.
The recommended action would formalize this arrangement, under which a
department head would have a dual role, continuing in his or her current position
and fulfilling the role of Assistant City Manager. While the current Director of
Public Works is serving in the dual role, he shall be compensated at Step 5 on
the pay range of Assistant City Manager. If the current Director of Public Works
serves in the dual role for a year following the adoption of the resolution, he
would be eligible for a salary increase to five percent (5 %) above Step 5 of the
pay range for Assistant City Manager. This appointment allows the City greater
flexibility in these tough economic times. In addition to the financial benefit, this
change provides stability to the organization and an opportunity for advancement
with the existing executive staff.
The current Executive Management and Mid - Management Terms and Conditions
provide the City Manager with the ability to make a provisional appointment for
an employee to serve in a higher classification. The modification being brought
forward applies specifically to provide the City Manager with the authority to
appoint an existing department head as Assistant City Manager while continuing
to perform his or her current duties and to provide compensation for the dual
roles.
Director of Finance /City Treasurer
The Classification and Compensation Study performed by Creative Management
Solutions in 2008 recommended that the City change the name of the
Administrative Services Department to "Finance Department" and change the
title of the Director of Administrative Services to Director of Financial Services to
reflect that the primary responsibilities of the department and director have
historically been financial (accounting, budgeting, auditing and financial
reporting). By contrast, the function of most Administrative Services departments
in addition to financial responsibilities typically includes risk management, human
resources, franchise agreements, and information technology. Currently risk
management, human resources, and franchise agreements for the City are within
the City Manager's Office. The City Manager desires to move the responsibility
of Information Technology to the City Manager's Office and reclassify the position
from Director of Administrative Services to Director of Finance /City Treasurer (to
be consistent with the Charter). The salary for this position is proposed to
decrease four pay ranges from 55 to 51 resulting in annual savings of $16,092.36
(comparing top steps for each classification). Grade 51 salary range is $127,530
- $155,014. It is recommended that the classification of Director of Finance /City
Treasurer be placed in the Executive Management category.
Administrative Manager
It is recommended that the classification of Administrative Manager be approved
and added to the Classification Plan. Under direction from the Assistant City
Manager, some of the main responsibilities of the Administrative Manager would
include the areas of risk management, human resources, information
Page 2
technology„ community services, franchise agreements, and other special
projects, as needed. A classification and compensation survey was conducted
that utilized the core survey agencies from the 2008 CMS Classification and
Compensation Report. The salary recommended for this position represents the
median salary for the agencies surveyed. (Grade 36 salary range is $7,338 -
$8,919) It is recommended that the classification of Administrative Manager be
placed in the Mid - Management category.
Interim Director of Finance /City Treasurer
Upon City Council approval of amending the Classification Plan, the City will be
opening the recruitment for the position of Director of Finance /City Treasurer. In
the interim, the City Manager desires to retain the services of Shally Lin. Ms. Lin
has served as the Director of Administrative Services for the City of Hawthorne
as well as working in the cities of Anaheim, Inglewood, El Segundo, and
Lawndale. Ms. Lin has been working as a consultant for various cities regarding
financial operations and has served as CFO for a private firm. In addition to a
Bachelor's Degree in Accounting, Ms. Lin also possesses a law degree. With an
appropriate education and distinguished professional career, Ms. Lin is qualified
to serve as the City's Interim Director of Finance /City Treasurer.
Ms. Lin will perform the functions and duties of the Director of Finance /City
Treasurer that include planning, directing, managing and overseeing the activities
and operations of the Finance Department, as well as providing highly
responsible and complex administrative support to the City Manager's Office.
Per the attached Agreement, the City will pay Ms. Lin $80 per hour for a 32 -hour
work week. She will not receive benefits. She may, with City Manager prior
approval, take leave without pay for days that she is not available to perform her
services. The City will reimburse her for actual and necessary expenses incurred
in the performance of her services. The Agreement will expire on the earliest of
the following dates: April 30, 2012, the date upon which she has worked 960
hours (due to PERS rules), or upon hiring of a permanent Director of
Finance /City Treasurer.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
All salaries and benefits can be accommodated within the adopted FY 2011/12
budget. The budgeted and recommended base salaries are as follows:
Page 3
Budgeted Positions (Base Salary)
Assistant City Manager $179,768.64
Director of Administrative Services $171,106.32
Total $350,874.96
Base Salary for modifications to City personnel
Increase to department head serving as ACM $8,662
Director of Finance /City Treasurer $127,530 - $155,014
Administrative Manager $88,055 - $107,032
Total $270,708.00*
Minimum projected annual savings
$80,167 *
Interim Director of Finance /City Treasurer (6 months) $76,800 **
* This calculation was performed assuming the Director of Finance /City
Treasurer and Administrative Manager are hired at the top step. The cost
savings is likely to be higher if the employees are hired below the top step.
** This figure is based upon 960 hours of service. It is likely that the
Interim Director of Finance /City Treasurer's services will not be needed
the entire 960 hours.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 6189 amending Resolution 5853 Executive
Management and Mid - Management Terms and Conditions of
Employment,
2. Adopt Resolution No. 6190 approving amendments to the Classification
Plan, and
3. Adopt Resolution No. 6191 approving an agreement with Shally Lin for
services of Interim Director of Finance /City Treasurer.
SUBMITTED BY:
Sean P. Crum y
Assistant City Manager /Public Works
NOTED AND APPROVED:
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Ji R. Ingram, CitJW
ihnager
Prepared by: Nancy Ralsten, Management Analyst
Attachments:
A. Resolution No. 6189
B. Resolution No. 6190
C. Classification Specification — Director of Finance /City Treasurer
D. Classification Specification — Administrative Manager
E. Resolution No. 6191
F. Professional Services Agreement with Shally Lin
Page 4
RESOLUTION NUMBER 6189
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AMENDING THE TERMS & CONDITIONS OF EMPLOYMENT
FOR EXECUTIVE /MID- MANAGEMENT EMPLOYEES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby amends the Executive Management/Mid-
Management Terms & Conditions of Employment to eliminate the title of "Director
of Administrative Services" from Sections 11 and 18, the title of "Director of
Administrative Services /City Treasurer" from Section 12 and Exhibit 1, and to
eliminate any other references to such titles.
Section 2. The City Council hereby amends the Executive Management/Mid-
Management Terms & Conditions of Employment to add the classification of
Director of Finance /City Treasurer as an Executive Management classification
with salary grade 51 to Sections 12 and 18, and to Exhibit 1.
Section 3. The City Council hereby amends the Executive Management/Mid-
Management Terms & Conditions of Employment to add the classification of
Administrative Manager as a Mid- Management classification with a salary grade
of 36 to Section 18 and Exhibit 1.
Section 4. The City Council hereby amends the Executive Management/Mid-
Management Terms & Conditions of Employment to add a sub - section "C" to
Section 9, to read as follows:
"C. If the City Manager deems it to be in the best interest of the City,
he /she may appoint a department head to function in the dual role of
Assistant City Manager while continuing to perform in his or her current
department head position. While the current Director of Public Works is
serving in the dual role, he shall be compensated at Step 5 on the salary
grade of Assistant City Manager. If the current Director of Public Works
serves in the dual role for one year following the adoption of this
amendment, he would be eligible for a salary increase to five percent (5 %)
above Step 5 of the salary grade for Assistant City Manager."
Section 5. The effective date of this Resolution is October 10, 2011.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of October , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Mayor
City Clerk
Resolution Number 6189
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 6189 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 10th day of October , 2011.
City Clerk
RESOLUTION NUMBER 6190
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN
BY DELETING THE CLASSIFICATION OF DIRECTOR OF
ADMINISTRATIVE SERVICES AND ADDING THE
CLASSIFICATIONS OF DIRECTOR OF FINANCE /CITY
TREASURER AND ADMINISTRATIVE MANAGER
THE SEAL BEACH CITY COUNCIL DOE HEREBY RESOLVE:
Section 1. The classification of Director of Administrative Services is hereby
eliminated from the Classification Plan.
Section 2. The classification of Director of Finance /City Treasurer is hereby
added to the Classification Plan.
Director of Finance/ 51 $10,627.53 $11,158.91 $11,716.85 $12,302.69 $12,917.83
City Treasurer
Section 3. The classification of Administrative Manager is hereby added to the
Classification Plan.
Administrative Manager 36 $7,337.94 $7,704.84 $8,090.08 $8,494.59 $8,919.32
Section 4. The City Manager is authorized to make necessary changes to the
reporting requirements of the Classification Plan necessitated by
these changes to the Classification Plan.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of October , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6190 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 10th day of October , 2011.
City Clerk
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Director of Finance /City Treasurer
Department/Division:
Finance /Administration
Reports To:
Assistant City Manager
Provides Direction To:
Senior Accountant, Accountant, Senior
Accounting Technician, Accounting
Technician, and accounting support
p ersonnel
Exemption Status:
Exempt
Date Prepared:
October 10, 2011
Date Adopted by City Council:
GENERAL PURPOSE
Under general direction of the Assistant City Manager, directs the programs, operations, and
functions of the City's Finance Department, including financial management, budgeting,
accounting, and treasury services, participates as a member of the Executive Management
Team; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Director of Finance /City Treasurer is accountable for department -wide programs and
has greater policy- making, budgetary, and supervisory authority than staff as well as more
frequent interfaces with the Assistant City Manager, City Manager, City Council, and the
members of the Executive Management Team, and auditors and consultants, than does
the Senior Accountant.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them
from the position if the work is similar, related, or a logical assignment to the class.
Plans, directs, and coordinates accounting and automated financial systems for the City
and establishes and interprets fiscal policies and procedures.
2. Oversees the development and presentation of the City and departmental budget,
including revenue and expenditure projections, capital projects, and longer range
financial planning; monitors ongoing expenditures by program and account code to
determine sources of variance.
3. Prepares staff reports and makes City Council presentations; provides
interdepartmental briefings regarding the City's financial position, and the status of
negotiations with vendors, and related developments.
Director of Financial Services /City Treasurer Page 1/4
ESSENTIAL FUNCTIONS (continued)
4. Prepares the Comprehensive Annual Financial Report, including the transmittal letter,
the Management Discussion and Analysis, the Required Supplementary Information, and
the Statistical Section and oversees the annual financial audit.
5. Prepares and reviews other major regulatory and compliance reports such as the
Statement of Indebtedness, the City and Redevelopment Agency State Controller's
Reports, Street Report, and related assessment district reports.
6. Selects, trains, supervises, coordinates, and evaluates the work of departmental staff;
coordinates projects and assignments to meet departmental and City needs; enforces
disciplinary standards.
7. Confers with departmental representatives regarding budget preparation, strategies,
costing, and categorization of assets, revenues, and expenditures.
8. Reviews, reconciles, and approves monthly financial statements, including general
ledger, payroll, accounts payable, accounts receivable, and billing ledgers; reviews and
approves purchase orders and the acquisition of materials, supplies and equipment.
9. Directs the investment of cash reserves in accordance with the City's Investment Policy.
10.Audits grant agreements and performance reports to assure compliance with reporting
requirements.
11. Develops individual and departmental goals, and writes, interprets, and enforces
administrative and financial policies and procedures.
12. Advises the City Manager and Executive Management Team on financial matters.
13. Attends professional meetings and advisory conferences.
QUALIFICATIONS GUIDELINES
Knowledge of:
Municipal Code and Government Code as applied to City financial policies and practices;
generally accepted financial accounting standards and practices through GAAP, GAAS, and
GASB, and related OMB circulars; City's Investment Policy; principles and practices of
accounting and auditing; principles of public administration with particular reference to public
finance administration; municipal budgeting practices; general and fund accounting,
taxation, and revenue management practices; purchasing practices and procedures;
theories of management; principles of employee supervision and evaluation.
Director of Financial Services /City Treasurer Page 2/4
Ability to:
Plan, organize, direct, and evaluate the functions and operations of the Financial Services
Department; analyze, and present financial reports; accurately forecast major revenues and
costs; select, train, supervise, evaluate, and discipline employees; originate and institute
financial planning policies and controls; communicate effectively, both orally and in writing;
establish and maintain effective working relationships with staff, management, contractors,
consultants, auditors, vendors, City officials, and others during the course of work.
Education/Training /Experience:
Bachelor's Degree from an accredited four -year college or university with a major in
Accounting, Finance, Business Administration, or a related field is required. Eight years of
experience in governmental accounting work is required, including at least three years in a
managerial capacity in municipal finance. A Master's Degree in Accounting, Business
Administration or a related field, or Certified Public Accountant .designation is highly
desirable.
Licenses, Certificates; Special Requirements:
Valid Class C California driver's license, acceptable driving record, and evidence of
insurance are required within one year of assignment to this position.
Ability to work extended hours in order to complete projects, attend meetings, and
accommodate City needs is required.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is required to frequently sit and to
occasionally stand and walk within work areas. The sensory demands include the ability
to talk, and hear, both in person and by telephone; use hands to finger, handle, feel or
operate computer hardware and standard office equipment; and reach with hands and
arms above and below shoulders. The employee occasionally lifts and carries records
and documents weighing 20 pounds or more.
Specific vision abilities required by this job include close vision and the ability to adjust
focus. '
Director of Financial Services /City Treasurer Page 3/4
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral
and written communication skills; read and interpret data; thoroughly analyze and solve
problems; exercise sound judgment in the absence of specific guidelines; use math and
mathematical reasoning; establish priorities and work on multiple assignments and
projects concurrently; meet intense and changing deadlines given interruptions; and
interact appropriately with staff, management, City officials, vendors, contractors,
consultants, and public and private representatives, and others in the course of work.
WORK ENVIRONMENT
The employee frequently works in office conditions where the noise level is usually
moderate, at and below 85 decibels. The employee occasionally attends meetings,
conventions, City events, and other functions on behalf of the City during regular, evening,
and weekend hours.
Director of Financial Services /City Treasurer Page 4/4
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Administrative Manager
Department/Division:
City Manager/Administration
Reports To:
Assistant City Manager
Provides Direction To:
FLSA Exemption Status:
Exempt
Date Prepared:
September 14, 2011
Date Adopted by City Council:
GENERALPURPOSE
Under administrative direction, assists the City Manager and Assistant City Manager in
performing a variety of complex staff analyses and studies; plans, coordinates, and
manages assigned programs and services; initiates and sustains relationships with civic
organizations, community groups, and other public agencies; and does related work as
required.
DISTINGUISHING CHARACTERISTICS
The Administrative Manager is distinguished from the City Manager and Assistant City
Manager, who have responsibility for overseeing the City budget and all staffing, goals,
work plans, and City Council initiatives. The Administrative Manager is expected to have a
smaller span of supervisory control and budgetary accountability than the department
directors.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them
from the position if the work is similar, related, or a logical assignment to the class.
1. Participates in developing, implementing, and monitoring City -wide policies, goals, and
long -term plans focused on achieving the City's mission and City Council priorities.
2. Manages, directs, and oversees assigned services, programs, functions, and activities
within the City Manager's Office and works with the Community Services Department.
3. Selects, trains, motivates and evaluates the work of assigned staff; provides or
coordinates staff training and coaching to correct deficiencies; recommends and
implements disciplinary procedures in consultation with the City Manager.
4. Works closely with the City Manager, Assistant City Manager, City Council, and various
public, private and community organizations in developing and evaluating the success
of programs in achieving City priorities.
Administrative Manager Page 1/4
ESSENTIAL FUNCTIONS (continued)
5. Advises the City Manager and Assistant City Manager on related matters; directs and
coordinates preparation of analyses and recommendations on public policy issues and
on long -range plans for City services.
6. Work with the Assistant City Manager on the City's risk management services, and the
negotiation and settlement of Workers' Compensation and liability claims.
7. Work with the Assistant City Manager on the City's Information Technology (IT)
services.
8. Work with the Assistant City Manager on management of the City's various Franchise
Agreements.
9. Work with the Assistant City Manager to operate the Property Management Services
Agreement between the City and property management contractor for City -owned
properties; reviews and approves monthly financial statements and disbursements,
and works with contractor to resolve property and real estate issues.
10. Manages and participates as a member of the Orange County Taxi Authority Program
and attends quarterly steering committee meetings; ensures vendor compliance with
City's Taxicab ordinance and adjudicates complaints; serves as the City's liaison with
the OCTA and taxi company representatives.
11. Work with the Assistant City Manager in operation of the City's Solid Waste and
Recycling Programs. This includes attendance for meetings, preparation of reports
and research in necessary for these programs.
12. Assist the Assistant City Manager and Community Services Department with the Parks
and Recreation Commission; represents the City and works closely with appointed
boards and committees and public and private officials to provide technical assistance
in resolving problems and executing planned actions.
13. Makes presentations on various projects or issues to the City Council, City employees
or other internal or external agencies or organizations.
14. Prepare press releases and newsletters for the City Manager's Office and City.
15. Directs, prepares, and oversees the preparation of a wide variety of reports and
presentations for the City Council, City management and outside agencies.
16. Represent the City as requested.
Administrative Manager Page 2/4
QUALIFICATIONS GUIDELINES
Knowledge of:
Operations, services, and activities of a municipal organization; theory, principles,
practices and techniques of public administration, including municipal budgeting, human
resources management, program and policy formulation and evaluation, and community
services functions; management, financial, and public policy issues; principles of
negotiation and contract administration; public information and public relations principles
and practices required to work with public officials, industry representatives, civic groups,
and private citizens; principles and practices of management, supervision, training, and
performance evaluation; principles of business letter writing and report preparation;
pertinent federal, State, and local laws, codes, and regulations.
Ability to:
Participate in the development, implementation, and administration of City -wide goals,
objectives, policies, procedures, work standards, and internal controls; manage and direct
assigned operations and services; select, supervise, train, and evaluate the work of staff;
prepare clear, concise, and comprehensive administrative, financial, and technical reports;
perform complex analyses and administer projects and research; read and interpret
complex data, information, and documents; understand, interpret, explain, and apply
applicable federal, State and local statutes and polices; assist the department in
strategically planning, utilize standard office equipment including computer hardware and
related word processing and spreadsheet software applications; exercise tact and
diplomacy in dealing with sensitive political, public policy, community and employee issues
and situations; communicate effectively, both orally and in writing; establish and maintain
effective working relationships with the City Manager and City Council, staff, management,
vendors, consultants, contractors, community groups, media, and other parties.
Education/Training /Experience:
Bachelor's degree from an accredited four -year college or university with a major in Public
Administration, Business Administration, or a related field is required. Five years of
experience in the management and administration of municipal government operations is
required, preferably including at least two years of administrative and supervisory
experience. Prior experience in the office of a City Manager or County Administrative
Officer is highly desirable. A Master's degree in Public Administration or a related field is
desirable.
Administrative Manager Page 3/4
Licenses, Certificates; Special Requirements:
Ability to attain a valid Class C California driver's license, acceptable driving record, and
evidence of insurance is required.
Ability to work extended hours in order to complete projects, attend meetings, and
accommodate City needs is required.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is required to frequently sit and to
occasionally stand and walk within work areas. The sensory demands include the ability
to talk, and hear, both in person and by telephone; use hands to finger, handle, feel or
operate computer hardware and standard office equipment; and reach with hands and
arms above and below shoulders. The employee occasionally lifts and carries records
and documents weighing 20 pounds or more.
Specific vision abilities required by this job include close vision and the ability to adjust
focus.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral
and written communication skills; read and interpret data; thoroughly analyze and solve
problems; exercise sound judgment in the absence of specific guidelines; use math and
mathematical reasoning; establish priorities and work on multiple assignments and
projects concurrently; meet intense and changing deadlines given interruptions; and
interact appropriately with staff, management, City officials, vendors, contractors,
consultants, and public and private representatives, and others in the course of work.
WORK ENVIRONMENT
The employee frequently works in office conditions where the noise level is usually
moderate, at and below 85 decibels. The employee occasionally attends meetings,
conventions, City events, and other functions on behalf of the City during regular, evening,
and weekend hours.
Administrative Manager Page 4/4
RESOLUTION NUMBER 6191
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH SHALLY LIN FOR
INTERIM DIRECTOR OF FINANCE /CITY TREASURER
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves that certain agreement between
the City and Shally Lin, dated October 10, 2011, for Interim Director of
Finance /City Treasurer.
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 10th day of October , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Mayor
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 6191 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 10th day of October , 2011.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
!0
Shally Lin
P.O. Box 3483
Costa Mesa, CA 92628
This professional services agreement ( "Agreement ") is made and entered into on
October 11, 2011, by and between the City of Seal Beach, a charter city and municipal
corporation ( "City "), and Shally Lin, 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 Finance (IDF /City Treasurer; and
WHEREAS, Shally Lin represents that she is qualified to perform the duties of
Interim Director of Finance /City Treasurer.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
City and Shally Lin hereby agree as follows:
AGREEMENT
1.0 Duties
1.1 The City hereby engages the services of Shally Lin (hereinafter "IDF ") to
perform the functions and duties of Interim Director of Finance /City
Treasurer ( "Services "). IDF is "at- will" and serves at the pleasure of the
City's City Manager.
1.2 IDF shall devote her full energies, interests, abilities and productive time to
the performance of the Services.
1.3 IDF 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 her duties and
responsibilities to City.
2.0 Term and Termination
2.1 Term and Effective Date IDF shall commence her services hereunder as
of October 11, 2011 (the effective date of this Agreement).
2.2 Termination Either City or IDF 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, IDF shall be
compensated for those services that have been adequately rendered to City
prior to the effective date of termination, and IDF shall be entitled to no
further compensation.
3.0 Compensation
3.1 Salary City shall pay IDF at the rate of $80 for each hour worked. City
shall pay IDF at the same time employees of the City are paid on a bi-
weekly basis.
2
3.2 Expenses City shall reimburse OF 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 IDF'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 OF
3.4 Benefits OF shall not receive any benefits.
3.5 Work Schedule OF shall normally work 32 hours per week.
4.0 Insurance
OF shall procure and maintain in effect a policy of automobile insurance for use
of her 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 OF 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 OF 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 IDF, her officers, agents or contractors.
5.3 The provisions of this Mutual Indemnity Clause shall survive the
termination or expiration of this Agreement.
6.0 Confidentiality
OF covenants that all data, documents, discussion, or other information
developed or received by OF or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by OF 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
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this Agreement. IDF's covenant under this Section shall survive the termination
of this Agreement.
7.0 Assignment
IDF 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 IDF 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 IDF
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 IDF, 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
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.
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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 IDF has signed and executed this Agreement, both in
duplicate.
CITY OF SEAL BEACH
Jill R. Ingram, City Manager
INTERIM DIRECTOR OF FINANCE/
CITY TREASURER
A�A 4 0 ,1 1 -
Shally Lin
Dated:
ATTEST:
Dated: (a 1 '7 /)
APPROVED AS TO FORM:
Linda Devine, City Clerk Quinn Barrow, City Attorney
[END OF SIGNATURES]
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