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HomeMy WebLinkAboutCC AG PKT 2007-09-24 #I e e e AGENDA REPORT DATE: September 24, 2007 TO: Honorable Mayor and Members of the City Council THRU: David N. Carmany, City Manager FROM: June Y otsuya, Assistant City Manager SUBJECT: Approval of Amendment to Professional Services Agreement with Dennis T. Miura SUMMARY OF REOUEST: City Council to approve an Amendment to the Professional Services Agreement with Dennis T. Miura to perform various budget, revenue and accounting related services for the Administrative Services Department. DISCUSSION: The City entered into a Professional Services Agreement with Dennis T. Miura dated July 3,2006 to perform a variety of financial related services for the Administrative Services Department. The Agreement designated a total compensation not to exceed $35,000.00. Over the past few months, the department has been in transition and Mr. Miura has assisted the Interim Administrative Services Director in documenting procedures, preparing investments reports and resolving accounting and procedural issues in the Public Works Department Capital Improvement Project Funds. Mr. Miura's services have far exceeded the origina1limit. Therefore, staffhas prepared an Amendment to the Professional Services Agre~ent to address the additional work that Mr. Miura has and will perform on behalf of the City. Mr. Miura is now working to complete all applicable tasks and it is anticipated that his services will not be needed beyond October 2007. The City is in the process of finalizing the Administrative Services Director recrui1ment and is hopeful that a new director will be appointed by then. FINANCIAL IMPACT: The City agrees to pay Mr. Miura for services under this agreement at the rate of $60.00 per hour. Funding to cover expenses not to exceed $80,000 is available in Adopted FY 2007/08 City Budget, Administrative Services Full-Time Salaries Account 001-017-40001. Agenda Item I e e e September 24, 2007 City Council Agenda Report-Professional Services Agreement with Dennis T. Miura Page 2 RECOMMENDATION: Staff recommends that City Council approve the attached Resolution _ authorizing the City Manager to execute the Amendment to the Professional Services Agreement with Dennis T. Miura. Submitted by: ~~U1f~ J Y ots Assistant City Manager NOTED AND APPROVED: z: .~ David N. carmanl City Manager Attachment: Amendment to Professional Services Agreement Professional Services Agreement Resolution Authorizing Approval e ATTACHMENT 1 PROFESSIONAL SERVICES AMENDED AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND DENNIS T. MIURA e -' e e AMENDMENT TO CITY OF SEAL BEACH PROFESSIONAL SERVICES AGREEMENT This Amendment to Professional Services Agreement C'Agreement'~ is made and entered into this day of , 2007 by and between the City of Seal Beach ("City") and DENNIS T. MIURA ("Contractor"). RECITALS City seeks to engage Contractor on an interim basis to consult with the City. Contractor is fully qualified and desires to perform these services for City as an independent contractor. City and Contractor entered into an Agreement dated June 6, 2007 for professional services and the work performed under the contract has exceeded the original compensation threshold. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, the parties agree as follows: 1. Amend Section 1. Duties to include Item E as follows: .Completion of additional financial related projects, including investment reports and procedural documentation as assigned by the Interim Administrative Services Director." e 2. Replace Section 2B I!r!!1 as follows: "Either party may terminate this Agreement upon submitting five (05) written days notice of termination to the other party and shall not continue beyond October, 2007.' 3. Amend Section 3 Comoensation as follows: .City agrees to pay Contractor for Contractor's services under this Agreement at the rate of $60.00 an hour, payable twice monthly within two (2) weeks of the City's receipt of invoice. In" no event shall the total compensation paid by the City to Contractor exceed $80,000.00. All other terms and conditions shall remain in effect. Executed as of the day and year first above-written. Contractor: City Representative: ~r~ Dennis T. Miura City Manager ATTEST: APPROVED AS TO FORM: e City Clerk City Attorney e ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND DENNIS T. MIURA e e e. CITY OF SEAL BEACH PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") Is made and entered Into this 3rt! day of Julv, 2006 by and between the City of Seal Beach ("City") and DENNIS T. MIURA C'Contractor"). RECITALS A. City seeks to engage Contractor on an Interim basis to consult with the City. B. Contractor is fully qualified and desires to perform these services for City as and 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: a. Train the Budget Analyst in understanding and projecting for budgetary and management purposes the City's revenues and appropriations, b. Train the Budget Analyst in the development and preparation of the City's BiennIal Budget. c. Revise the Project Management Module in the City's Accounting System (Spring brook) to conform with the Software Developer's recommended procedures. d. Develop a Revenue Manual and an Administrative Services Procedure Manual for the City. 2. Term. a. The term of this Agreement shall commence Julv 3. 2006 and shall continue on a month-ta-month basis until terminated as provided in paragraph "8" below. e Page lof4 e e e (....., '-.1 b. Either party may terminate this Agreement upon submitting five (05) days written notice of termination to the other party. 3. Comoensatlon. City agrees to pay Contractor for Contractor's 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 $35.000.00 4. Exoenses. City shall reimburse Contractor reasonable expenses incurred In the perfonnance 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 !'lOt inconsistent with or in conflict with the provisIons of this Agreement, City's policies or applicable law. 6. Contractor's ResDonsibilitv for Contributions, payments. or Withholdlna. Contractor shall be solely responsible for all contributions, payments, or withholdings nonnally 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. 7. RelationshlD 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 perfonn 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 Page 2of4 e 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 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. e e 8. Insurance. Contractor shall procure and maintain In effect a policy of automobile insurance for use of his/her private vehicle. Such Insurance shall not be subject to cancellation. modification or lapse without City first receiving ten (10) days advance written notice. 9. Mutual Indemnitv 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 employees. b. Contractor agrees to indemnify, defend, and hold harmless City, Its elected and appointed officials, officers, agents and employees again$t any claims, actions, proceedings, suits, or damages, including costs and attomeys' fees, resulting from physical harm or damage to persons or properly which harm arise out of or is In any way caused by the acts, omissions, negligence or misconduct of Contractor, its officers, agents or employees. c. The provisions of this Mutual Indemnity Clause (Section 9) shall survive the termination or expiration of this Agreement. Page 30f4 e 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 Califomla. ~~~- Dennis T. Miura APPROVED AS TO FORM: Executed as of the day and year first above-written. e ATTEST: ~.A M~, City Clerk ~. 8fM.1>W City Attorney Juty 2006 e Page 4of4 e ATTACHMENT 3 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH DENNIS T. MIURA e e e RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING AMENDMENT TO PROFESSIONAL . SERVICES AGREEMENT WITH DENNIS T. MIURA THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:' Section 1. The City Council hereby approves the Amendment to Professional Services Agreement between the City of Seal Beach and Dennis T. Miura for financial related services. Section 2. The Council hereby directs the City Manager to execute the Amc:ndment to Professional Services Agreement with Dennis T. Miura. PASSED, APPROVED AND ADOPTED by the City Council of Soal Beach, at a regular meeting held on the 24th day of Sentember . 2007 by the following vote: AYES: Councilmerobers NOES: COUDci1merobers ABSENT: COUDcilmerobers ABSTAIN: CoUDcilmerobers e Mayor A'ITEST: City Clerk STATEOFCALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BEACH I 1, Linda Devine, City Clerk for the City of Seal Beach. California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed. Bpproved, aod adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 24th day of Sentember . 2007. City Clerk e '.