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HomeMy WebLinkAboutCC AG PKT 2008-02-11 #I AGENDA REPORT . DATE: TO: THRU: FROM: February 11, 2008 Honorable Mayor and Members of the City Council David N. Carmany, City Manager Robbeyn Bird, Director of Administrative Services SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MORELAND AND ASSOCIATES, INC. SUMMARY OF REQUEST: Staff requests the City Council to approve the Professional Services Agreement with Moreland and Associates, Inc. to perform various accounting related services for the Administrative Services Department. e DISCUSSION: The recent reorganization of the Administrative Services Department has resulted in two vacancies; Senior Accountant and Senior Account Technician. Until recruitments for both of these positions can be completed, staff is requesting that the City Council approve the Professional Services Agreement with Moreland and Associates, Inc. to assist with maintaining the day-to-day operations of the accounting function in the Administrative Services Department. This will assist in ensuring that the workload of the Department is kept up-to- date, and that the work product is checked for accuracy and quality. FINANCIAL IMPACT: Due to budgeted vacancies, there is no need to obtain a budget amendment. The cost of the accounting services will not exceed the savings that will be realized from the vacancies. RECOMMENDATION: Staff recommends that City Council approve the attached Resolution Number _ authorizing the City Manager to execute the Professional Services Agreement with Moreland and Associates, Inc. SUBMITTED BY: NOTED AND APPROVED: . , "M-. j....~ '"Bwd Robbeyn ird, CPA Director of Administrative ServiceslTreasurer ~ David Carmany, City Manager Agenda Item I RESOLUTION NUMBER . A RESOLl1TION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND MORELAND AND ASSOCIATES, INC. FOR FINANCE AND ACCOUNTING SERVICES WHEREAS, the recent reorganization of the Administrative Services Department has resulted In two vacancies; and WHEREAS, assistance Is needed in maintaining the day-to-day accounting function of the department until the vacancies can be filled; and WHEREAS, the service will assist In ensuring that the workload of the Department Is kept up-to-date, and that the work product Is checked for accuracy and quality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The agreement for Professional Special SelVlces dated February 11th, 2008 between the City of Seal Beach and Moreland and Associates, Inc. is hereby approved. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 11th day of FebrualV , 2008 by the following vote: e AYES: Councilmember NOES: Councllmember ABSENT: Counciln;lember ABSTAIN: Councilmember Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } e I, Linda Devine, City Clerk of the City of Seal Beach, Calnomla, do hereby certify that the foregoing 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 regular meeting held on the 11th day of FebrualV , 2008. City Clerk e . . Moreland & ~ #~ CERTIAED PUBLIC ACCOUNTANTS 1201 DOVE STREET. SUITE 680 NEWPORT BEACH, CAUFORNIA 92660 570 RANCHEROS DRIVE, SUITE 260 SAN MARCOS, CA 92Ol19 TELEPHONE (949) 221-D025 January 31,2008 Ms. Robbeyn Bird Director of Administrative Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Dear Ms. Bird: In accordance with your request, we are presenting this proposal to provide temporary - - personnel- services-to the- City""of-Seal-Beach; - You -have . indicated. you" will -require -the - services of an Interim Accounting Manager for approximately three months. Following is some important information about our services: 1. RESPONSmILITY: Temporary staff shall report directly to you during this assignment It is understood that the management of your organization is responsible for the substantive outcome of the work and, therefore, has a responsibility to be in a position in fact and appearance to make an informed judgment on the results of these services. 2. EMPLOYEE: Temporary staff will at all times be an employee of Moreland & Associates, Inc. 3. INSURANCE: Moreland & Associates Inc. maintains general1iability, automobile liability, excess liability, workers compensation and employers' liability, and professional liability insurance. Certificates of Insurance are available upon request. 4. RATES: The billing rate for these services is $80 per hour. Overtime will be billed at time-and-a-half. The base billing rate will increase 4% every 12 months. S. BILLING: Services will be billed twice a month on approximately the first and fifteenth days of the month. 6. EX1ENSION: These services may be extended by our mutual agreement. 7. ~'QTICE: At any time during the performance of these services, you may terminate or significantly reduce these services for any reason with two weeks notice. Although you will have day-to-day contact with our temporary staff; please provide information about any changes or termination directly to me. . e . e Ms. Robbeyn Bird City of Seal Beach Page 2 8. GUARANTEE: If you are not satisfied with the temporary services provided, you may discontinue the services at no charge. If this should occur, please notify me by telephone by 5:00 p.m. on the first day of service. If the temporary services are continued beyond the first day, you are responsible to pay for each hour of service provided and it is understood that no CI'!ldit or refund can be given for any reason. It is your responsibility to monitor the performance of the temporary worker to the degree necessary to ensure satisfaction with the services provided. 9. FINDER'S FEE: Our temporary services are made possible as a result of sustained expenses in developing and maintaining a qualified staff of temporary employees. Therefore, your utilization of our staff is on a temporary basis. Should you hire our staff on a permanent basis (either full-time or part-time) or contract with them directly for any services either (a) during this temporary assignment or (b) within one year following the termination of this temporary assignment, you agree to immediately notify Moreland & Associates, Inc., and to pay a finder's fee of $12,500.00 to 1:lS within thirty (30) days of such hiring or contracting. Additionally, should you refer our staff for a temporary or contract assignment to any other entity, associate or business acquaintance during the time period specified above, then you agree to give immediate notice to Moreland & Associates, Inc. of such referral and you also agree to pay a finder's fee of $12,500.00 within thirty (30) days of a hiring or contracting by such other entity. . Thank you for the opportunity to provide this proposal. Please call if you would like to discuss our proposal in more detail Please aclmowledge acceptance of our proposal by signing and returning one copy of this letter for our files. v cry truly yours, MORELAND & ASSOCIATES, INC. ACCEPTANCE: ./~ Signature: Print Name: Mindy Jacobs Manager, Temporary Personnel Services Title: Date: e PROFESSIONAL SERVICES AGREEMENT FOR ACCOUNTING SERVICES THIS AGREEMENT ("Agreemenf') is entered into on February _' 2008, by and between the City of Seal Beach C'CityU) and Moreland and Associates, Ine. ("Contractor"). RECITALS A. City desires to contract with Contractor to perform various accounting services until such time the City fills current vacancies in the Administrative Services Department. B. ContractOr represents that staff employed by the accounting firm is qualified to perform complex accounting. e NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the City and Contractor agree as follows: 1. Duties. Contractor shall provide to the City all labor, services and incIdental and customary work necessary to fully and adequately perform various accounting functions and other legally permissible and proper duties and functions (collectively "Services") as may be, from time to time, assigned to Contractor by City's Director of Administrative Services. The Services shall be performed by and the following assistants: Contractor represents and warrants that each person Contractor employs to perform the Services under the Agreement shall be fully competent, qualified, licensed, bonded, and/or certified, as required by the laws of the State of California throughout the course of this Agreement. 2. Hours. Contractor's Services will be performed during normal City hours. Contractor shall not be entitled to additional compensation for any work performed in excess of eight hours' per .day, forty hours per vveek 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. . . 3. Commencement and Termination. Contractor shall commence the Services on February _' 2008. 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 ceuse upon ten days prior written notice to C!ty. Contractor shall be paid for all Services performed through the effective date of termination. PSA interim Accounting services (Moreland) Page 1 of6 e 4. Comoensation. City shall pay Contractor's employees at their standard hourly rates for all services rendered but in no event shall the hourly rate exceed $80 per hour. Attached hereto as Exhibit A and incorporated by this reference is Contractor's schedule of hourly rates for 2008. Contractor shall submit monthly statements to the City .for services rendered during the prior calendar month. Such statement shall describe the services performed and the reimbursable expenses incurred. The City shall make payment within SO days of receipt of such a proper statement, unles!il any charge is disputed in writing by City, In which case City shall pay the undisputed charges. 5. Exoenses. City shall reimburse Contractor for actual and necessary expenses incurred in the performance of its 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 Resoonsibllitv for Contributions. Payments. or Wlthholdina. Contractor shall be solely responsible for all contributions, payments, or with holdings 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 insurence contributions. e 7. Relationshio Between the Parties. Contractor will determine the means, methods and details of performing the Services SUbject to the requirements of this Agreement. Contractor and all of Contractor's officers, employees and agents (Collectively 'Contractor" in this section 7) are, and shall at all times remain as to City, a whOlly independent contractor. Contractor retains the right to perform similar or different services for others during the term of this Agreement, provided such work does not conflict or interfere with Contractor's obligations under this Agreement Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connectIon with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respe~ing such additional personnel, including, but not limited to: social security taxes, Income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Contractor may act as an agent of City only to the extent necessary to perform the duties and obligations required herein. Contractor shall not, at any time, or in any manner, represent that it, he or she is an employee of City, provided, however, that nothing contained In this provision shall be construed or Interpreted so as to deprive Contractor of any and all defenses or immunities available to public employees acting In their official capacities. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, e PSA Interim Accounting services (Moreland) Page 2 of6 . and to defend, indemnify and 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. Contractor shall defend, indemnify and hold City harmless from any failure of Contractor 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 maintain at all times during the term of this Agreement not less than the types and amounts of insurance coverage listed below issued by insurers listed "B+" or better in Best's Insurance Guide. Contractor shall submit to the City certificates Indicating compliance with the following minimum insurance requirements not less than one day prior to the beginning of performance under this Agreement. 1. Worker's Compensation Insurance to cover Contractor's employees as required by the California Labor Code. 2. Comprehensive general liability and automobile liability insurance, each with policy limits not less than $1,000,000 for personal injury to anyone person, $1,000,000 for injuries ariSing out of anyone occurrence, and. $500,000 for property damages or a combined single limit of $1,000,000. Each policy of insurance shall: . a) Be issued by an Insurance company that is admitted to do business in the State of California. b) Be primary to any other similar insurance and, except for the professional liability policy, shall name the City as an additional Insured. c) Contain a provision that prohibits cancellation, modification, or lapse without thirty (30) days' prior written notice from insurer to the City. d) Include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each Insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability," e) Contain a-clause substantially In the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of such cancellation or material change as evidenced by a return receipt for a registered letter." f) Cover the Services provided by Contractor pursuant to the terms of this Agreement. 3. Professional Liability Insurance (errors and omissions) with a policy limit not less than $1,000,000 and which shall . a) Be issued by an insurance company that is admitted to do business in the State of California. . PSA Interim Aocaul11lng services (Moreland) Page 3 of6 . b) Cover the operations of Contractor pursuant to the terms of this Agreement The Insurance certificate' evidencing such insurance shall be submitted to the City for prior review and thereafter the City shall have the right to approve or disapprove any Insurance procured by Contractor under the standards of this section. Procurement of insuranca by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duties to indemnify, hold harmless, and defend under this Agreement. Contractor shall not commence the performance of its services under this contract until the above insurance has been obtained and Certificates of Insurance have been filed with the City. 9. Indemnity A. City shall 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 arise out of or is caused by the acts, omissions, negligence or misconduct of City, its officials, officers or agents. e B. Contractor is skilled In the professional calling necessary to perform the Services. The City is relying upon the skill, independence, professional reputation, and knowledge of Contractor to perform the Services. Contractor shall indemnify, defend, and hold harmless City, its elected and appointed officials, officers and agents against any claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property. which arise out of or is caused by the acts, omissions, negligence or misconduct of Contractor, its officers, agents or subcontractors. . C. The provisions of this Indemnity Clause (Section 9) shall survive the termination or expiration of this Agreement. 10. Confidentiality. All data, computer program data, input record data, written information, and other documents either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the Services. Nor shail such materials be disclosed to any person or entity not connected with the performance of the SeNices. Nothing furnished to Contractor that is otherwise known to Contractor C?r is generally known, or has become kno,!"n, to the related industry shall be deemed confidential. PSA Interim Acc:aunting services (Moreland) Page 4 of6 . 11. Accomolishment of Proiect Contractor shall commence, cany on, and complete Its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry standards. 12. Intearatlon Clause. This Agreement represents the entire agreement between the parties as to the provision of the Services and supersedes any and all prior negotiations, representations or agreements, written or oral. e 13. Standard of Care. Contractor shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. 14. Rights and Remedies Not Waived. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 15. Personnel. Contractor represents that It has, or will secure at its own expense, all personnel required to perform the Services. All of the Services will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services. 16. Attornevs 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 attorneys' fees actually incurred in connection with such enforcement or interpretation. . 17. Notices. Any notices and requests for payment shall be sufficient if sent by the parties in the United States. mail, postage paid, to the address as noted below: e Director of Administrative Services City of Seal Beach 211 8th Street Seal Beach, California 90740 PSA interim Accounting services (Moreland) Page 5 of6 e MORELAND & ASSOCIATES, INC. Attention: Kathryn Beseau 1201 Dove Street, Suite 680 Newport Beach, CA 92660 18. Successors and Assians. Contractor shall not assign, or attempt to assign, any portion of this Agreement without prior written approval of the City Manager. 19. ComDliance with Laws. In the performance of the work required by this Agreement, Contractor shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the City Charter, ordinances, regulations and pOIiC?ies of the City. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY By: . Mayor ATTEST: City Clerk CONTRACTOR ~c4~~ M land d Associates . APPROVED AS TO FORM: City Attorney e PSA Interim Al:caunting services (MaRland) Page 6 of6