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Home My WebLink AboutCC AG PKT 2007-06-25 #L e AGENDA REPORT DATE: June 25, 2007 TO: Honorable Mayor and Members of the City Council THRU: David Carmany, City Manager FROM: June Yotsuya, Assistant City Manager SUBJECT: Approval of Professional Services Contract for Interim Administrative Services Director SUMMARY OF REQUEST: e City Council to approve a professional services agreement with Greg Beaubien to perfonn the services of Interim Administrative Services Director until such time the City appoints a new Administrative Services Director. DISCUSSION: The City is currently in recruitment to fill its vacant Administrative Services Director position. In the interim, the City desires to retain the services of Greg Beaubien, who recently served the City as its Interim City Manager. A retired City Manager, Mr. Beaubien has many years of experience in finance and budget and is well suited to serve as the City's Interim Administrative Services Director. Municipal Code Section 3.20.025 (C) "Purchases Exempt from Bidding Requirements" exempts professional services from the City's normal bidding requirements. Per the attached agreement, Mr. Beaubien will be compensated at an hourly rate of $70.00 and will be reimbursed for actual and necessary expenses incurred in the performance of his official duties for the City. He will be working with the City Manager to finalize the budget process, complete the City's annual financial audit and assist in the City's fiscal year-end closure of financial records. FINANCIAL IMPACT: e The City agrees to pay Mr. Beaubien at an hourly rate of $70.00 plus actual and necessary expense reimbursements. Funding is available in Adopted FY 2006/07 City Budget, Administrative Services Full-Time Siwmes Account 001-017-40001 to cover these expenses. Agenda Item L e June 25, 2007 City Council Agenda Report-Professional Services Agreement for Interim Administrative Services Director Page 2 RECOMMENDATION: Staff recommends that City Council approve the attached Resolution authorizing the City Manager to execute the Professional Services Agreement with Greg Beaubien. Submitted by: J~~~ityManager NOTED AND APPROVED: cr-:" - David CarmanY,~ity Manager e Attachment: Professional Services Agreement Resolution Authorizing Approval e e PROFESSIONAL SERVICES AGREEMENT FOR INTERIM ADMINISTRATIVE DIRECTOR SERVICES THIS AGREEMENT ("Agreement") is entered into June 4,2007, by and between the City of Seal Beach C'City") and Greg Beaubien ("Contractor"). R-ECITALS A. City desires to contract with Contractor to perform the services of Interim Administrative Services Director until such time the City appoints an Administrative Services Director. Contractor has no desire to be appointed permanently as Administrative Services Director. B. Contractor represents that he is qualified to perform the duties and responsibilities of Interim Administrative Services Director. e NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. Contractor shall perform the functions and duties of the Administrative Services Director as specified in the Seal Beach City Charter and other legally permissible and proper duties and functions as may be, from time to time, assigned to Contractor (collectively "Servicesj. Contractor agrees not to perform services for other entities while this Agreement is in effect without the prior written approval of the City Manager. In addition, Contractor shall use his best efforts to assist the City in locating and hiring a qualified Administrative Services Director. 2. Hours. Contractor's Services may involve expenditures of time in excess of the normal business working hours, and may also include time outside normal office hours, including attendance at meetings of the City Council, City Commissions, City Committees or community organizations or other groups. Contractor shall not be entitled to additional compensation for any work performed in excess of eight hours per day, forty hours per week or the City's normal office hours. Contractor is not an employee for purposes of overtime, the Fair Labor Standards Act or any law or, order. Contractor shall be entitled to three (3) personal leave days per month. e 3. Commencement and Termination. Contractor shall commence the Services on June 4,2007. The City may terminate this Agreement at any time, with or without cause or advance notice, Contractor may terminate this Agreement at any time, with or without cause upon ten days prior written notice to City. Contractor shall be paid for all Services performed through the effective da~ of termination. 4. Comoensation. City shall pay Contractor on an hourly basis of $70.00 per hour. Consultant Services - Interim AdmIn Svc:s DIroClOr Page 1 on e 5. EXDenses. City shall reimburse Contractor 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. 6. Contractor's ResDonsibilitv for Contributions. Payments. or WithhoJdina. 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 federal income taxes, federal social security contributions, California State disability insurance taxes, and unemployment insurance contributions. e 7. Relationship Between the Parties. Consultant is, and shall at all times remain 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 means of service or means of production of Consultant. Consultant shall not, at any time, or in any manner, represent that he/she is a Contractor 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 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 Contractor of City and shall not be entitled to the benefits provided by City to its Contractors, 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 receiving ten days advance written notice. e 9. Mutuallndemnitv A. City agrees to indemnify, defend, and hold harmless Contractor 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. cOnsu1tant Scrvi... - Intmim Admin Svos Director Page 2 of3 e B. Contractor 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 Contractor, its officers, agents or Contractors. C. The provisions of this Mutual Indemnity Clause (Section 9) shall survive the termination or expiration of this Agreement. 10. This Agreement shall constitute the entire agreement between the parties. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY e By: City Manager ATTEST: City Clerk CONTRACTOR ~~~~ .Q, ~ A APPROVED AS TO FORM: City Attomey e Consultant Scrvi... - Interim Admin Svos Dircotor Page 3 of3 e RESOLUTION NUMBER A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH RATtFYlNG TIlE PROFESSIONAL SERVICES AGREEMENT BETWEEN TIlE CITY OF SEAL BEACH AND GREG BEAUBIEN FOR SERVICES AS INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES The City Council "f tho City <>f SoaI Beach hereby ros"lves as f"UllWS: SECTION /, The City Council hereby ratifies the Pmfession.' Services Agreement between the Ci1y <>f SoaI Beach and Orog Beaubien for servicel as Inlerim Di....ror "f Adminislrative Services, SECTION 2. The Counoil hereby dirootll the City Manager tll ...ecUIe tho ProfessillOal Services Agreement with Mr, Oreg Beaubien, PASSED, APPROVED AND ADDOPTED by tho Ci1y Council of the City of Seal Beach this 25th day of lune . 2007 by tho r"U"wing ..,Ie: AYES: Council Membets NOES: C"uncil Members ABSENT: Council Members ABSTAIN: Council Members e MaYM "'TIEST: City Clerk STATEOFCALIFORNlA ) COUNTY OF ORANGE ) SS CITY OF SBA.L BBA.CH ) I, Linda Devine, City Clerk <>f the City <>f Seal Beach, Calif"mia, do hereby certify 1hat 1he foroll"ing Resolotion ia tho Driginaloopy "f aesolutillO Number on file in the "ffico of tho City Clerk, passed, opproVCl\, end acklptod by tho City C"unoil "f 1he Ci1y of Seal Beach at a meeting the"",f hold 1lO tho ~day of lune .2007, City Clerk e