HomeMy WebLinkAboutCC AG PKT 2006-08-14 #H
e
e
e
AGENDA REPORT
DATE:
August 14, 2006
TO:
Honorable Mayor and Members of the City Council
FROM:
Keith A. Evanoff; CIMA, CRP, CRRA
Director of Administrative ServicestI'reasurer
SUBJECT: Professional Services Contract for Technical Accounting Services
SUMMARY OF REOUEST:
Staff requests Council to enter into a professional service agreement with Dennis Miura to
provide various temporary services including new staff training, development of departmental
procedure manuals, and reconciliation and accounting maintenance of the Capital Project
Program (CIP). This also includes a request fur an additional appropriation of $10,000 to
Administrative Services line item 001-017-40800 "Special Departmental."
Section 3.20.025 (C) "Purchases Exempt from Bidding Requirements", ofthe City of Seal Beach
Municipal Code exempts professional services from the City's nonnal bidding requirements.
BACKGROUND:
The Administrative Services Department has recently added new staff including a new
Accountant and a new Budget Analyst. This increase in staff; in addition to the appointment of a
new Director of Administrative Services in February 2006 has prompted an overhaul of various
department functions and processes. The recently appointed Accountant and Budget Analyst
positions require specific training in order to understand the City's revenUes and appropriations
and methods of financial furecasting for budgetary and management purposes. The Director of
Administrative Services also requires the development of a Revenue Manual and an
Administrative Services Procedure Manual in order to meet various industry-related "best
practices" and provide a mechanism fur internal procedure audits.
Dennis Miura was retained by the City in October 2005 as an interim Director of Administrative
Services and has remained under contract to complete various assignments as they related to the
CIP and departmental restructuring. Mr. Miura was employed as the Director of Finance fur the
City of Laguna Niguel from 1990 until his retirement in 2005. He completed the City's 2005
Comprehensive Annual Financial Report and has assisted the City's new Director in developing
revenue estimates and analysis for the FY 2006/07 Budget. At the time Mr. Miura was retained,
Administrative Services had only one professional employee on stafI This created an unusual
strain on internal resources considering the magnitude of accounting processes and reporting in
which the City is engaged. As a result, Mr, Miura's assistance is required in order to allow
Administrative Services to continue development of internal procedures and controls without
interrupting the normal flow of daily activities.
Agenda Item 1/
e
.
e
Since Mr. Miura's has been working with the City since October 2005, it is appropriate to
establish a broader contract fur professional services than was previously approved under the
City Manager's delegated authorities. Details of the agreement are outlined in the attached
contract.
FISCAL IMPACT:
The City agrees to pay Miura at an hourly rate of $60.00, not to exceed total contract fees of
$35,000. Funding was approved by the City Council in the Adopted FY 2006/07 City Budget,
however staff inadvertently omitted the addition of $10,000 in the Budget Resolution totals
(Administrative Services, Special Departmental 001-017-40800). As a result, this request
includes the addi~ion of the previously approved, but uncommitted amount of$ I 0,000.
RECOMMENDATION:
Staff recommends that Council approve I) the attached resolution authorizing the City Manager
to execute the Professional Services Agreement with Dennis Miura, and 2) the resolution
approving Budget Amendment 07-01 to increase the Administrative Services Department line
item (001-017-40800) by the amount of $10,000 previously approved on June 26, 2006. This
amendment would decrease the General Fund's undesignated estimated ending fund balance
from $12,422,615 to $12,412,615.
K;J;:€5::RCRRA
Director of Administrative Servicesffreasurer
, '7;1!/
Agenda Item
e
CITY OF SEAL BEACH
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement.) is made and entered into
this 3rd day of Julv. 2006 by and between the City of Seal Beach
("City") and DENNIS T. MIURA ("Contractor").
RECITALS
A. City seeks to engage Contractor on an interlm basis to consult with the
City.
B. Contractor is fully qualified and desires to perform these services for City
as an independent contractor.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
herein contained, the parties agree as follows:
1. Duties.
e
City hereby engages Contractor to:
(i) Train the Budget Analyst in understanding and projecting for
budgetary and management purposes the City's revenues and
appropriations.
(Ii) Train the Budget Analyst in the development and preparation of
the City's Biennial Budget.
(iii) Revise the Project Management Module in the City's Accounting
System (Spnngbrook) to conform with the Software Developer's
recommended procedures.
(Iv) Develop a Revenue Manual and an Administrative Services
Procedure Manual for the City.
.
2. Term.
A. The term of this Agreement shall commence
shall continue on a month-to-month basis until
paragraph "Bn below.
Julv 3. 2006 and
terminated as provided in
e
B. Either party may terminate this Agreement upon submitting five (05) days
written notice of termination to the other party.
3. Comoensation.
City agrees to pay Contractor for Contractors services under this Agreement at
the rate of _$60.00 an hour, payable twice monthly within two (2) days of
the City's receipt of an invoice. In no event shall the total compensation paid by
the City to Contractor exceed ~5.000.00
4. Exoenses.
City shall reimburse Contractor reasonable expenses incurred in the
performance of the services required pursuant to this Agreement as are
submitted to City for approval based upon expense receipts, statements, or
personal affidavits, and audit thereof in like manner as other demands against
City.
5. other Terms and Conditions.
.
City may from time-to-time fix other terms and conditions relating to the
performance of Contractor provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, City's
policies or applicable law. .
6. Contractor's Resoonsibilitv for Contributions. Pavments. or
WithholdinQ.
Contractor shall be solely responsible for all contributions, payments, or
withholdings normally made on behalf of an employee including but not limited to,
state and feeleral income taxes, federal social security contributions, California
State disability insurance taxes, and unemployment insurance contributions.
.
7. Relationshil:! Between the Parties
Consultant is, and shall at all times re!Tlain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City. Consultant may act as an agent of City only to the
extent necessary to perform the duties and obligations required herein. Neither
City nor any of its agents shall have control over the conduct of Consultant.
Consultant shall not, at any time, or in any manner, represent that he/she is an
employee of City, provided, however, that nothing contained in this provision
shall be construed or interpreted so as to deprive Consultant of any and all
defenses or immunities available to publiC officials acting in their official
capacities. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify the hold City harmless from
e
any and all taxes, assessments, penalties, and interest asserted against City by
reason of the independent contractor relationship created by this Agreement.
Consultant shall indemnify and hold City harmless from any failure of Consultant
to comply with applicable workers' compensation laws. Contractor shall not be
considered an agent or employee of City and shall not be entitled to the benefits
provided by City to its employees, including but not limited to workers'
compensation insurance, health/medical insurance, dental insurance, life
insurance, deferred compensation, disability insurance, unemployment
insurance, retirement contribution, sick leave, vacation leave or similar benefits.
8. Insurance.
Contractor shall procure and maintain in effect a policy of automobile insurance
for use of hislher private vehicle. Such insurance shall not be subject to
cancellation, modification or lapse without City first rece,iving ten (10) days
advance written notice.
9. Liabilitv.
e
City agrees to indemnify, hold harmless and defend at its expense Contractor
from any and all claims, actions, losses, damages, charges, expenses, or
attorneys fees to which Contractor may be subject to arising out of, or resulting
from, the performance of this Agreement and Contractor's duties hereunder.
Notwithstanding the foregoing, City's obligation under this Section shall not apply
to any punitive or exemplary damages which may be awarded by a court against
Contractor' nor shall this paragraph apply to liability incurred by Contractor for
actions outside the scope of services or which result from wrongful or malicious
conduct or negligence, or through the use of any personal vehicle, all as to which
Contractor shall indemnify, defend and hold City harmless.
10. General Provisions.
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be construed under the laws of the State of
California.
Executed as of the day and year first above-written.
Dennis T. Miura
City Manager
e
e
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN CITY OF SEAL BEACH AND DENNIS
MIURA FOR FINANCE AND ACCOUNTING SERVICES
The City Council ofthe City of Seal Beach hereby resolves as fullows:
SECTION 1. The City Council hereby approves the Professional Services Agreement
between the City of Seal Beach and Dennis Miura fur finance and accounting services.
SECTION 2.; The Council hereby directs the City Manager to execute the Professional
Services Agreement with Dennis Miura.
PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach
this 14th day of AUllUSt , 2006 by the fullowing vote:
AYES:
Council Members
e
NOES:
Council Members
ABSENT: Council Members
ABST A1N: Council Members
Mayor
ATTEST:
City Clerk
e
e
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
)
) SS
)
I, Linda Devine, City Clerk of the City of Seal Beach, Califurnia, do hereby certifY that
the furegoing Resolution is the original copy of Resolution Number _ on file in the
office of the City Clerk, passed, approved, and adopted by,the City Council of the City of
Seal Beach at a meeting thereof held on the 14 day of AullUSt . 2006.
City Clerk
e
e
e
e
e
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET
AMENDMENT, NO. 07-01 FOR THE INCREASE IN THE
ADMINISTRATIVE SERVICES SPECIAL DEPARTMENTAL
LINE ITEM.
WHEREAS, the fiscal year 2006/2007 budget requires budgetary amendments as outlined
below:
THE CITY COu:NCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
REVISED/
ADOPTED PROPOSED BUDGET (dift)
BUDGET BUDGET AMENDMENT
DEPT
ACCOUNT
Administrative
Services
001-017-40800
$29,250
$39,250
$10,000
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this
14th day of August 2006 by the fullowing vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Mayor
ATTEST:
City Clerk
e
e
e
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of Seal Beach, Califurnia, do hereby certifY that the furegoing
resolution is the original copy of Resolution Number on file in the office of the City
Clerk, passed, approved, and adoled by the City Council of the City of Seal Beach, at a regular
meeting thereof held on the 14 day of AUllUSt .2006.
City Clerk