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Home My WebLink About*AGMT - Miura, Dennis T. • AMENDMENT TO CITY OF SEAL BEACH PROFESSIONAL SERVICES AGREEMENT This Amendment to Professional Services Agreement ( "Agreement ") is made and entered into this 24th day of September , 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." 2. Replace Section 2B Term 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 Compensation 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: 14-//,‘; ci-oe% Dennis T. Miura City Manager ATTEST: APPROVED AS TO FORM: 9 ° City Clerk City Attorney CITY OF SEAL BEACH PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ( "Agreement ") is made and entered into this 3rd day of July , 2006 by and between the City of Seal Beach ( "City ") and DENNIS T. MIURA ( "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. 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 (Springbrook) 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 July 3, 2006 and shall continue on a month -to -month basis until terminated as provided in paragraph "B" below. Page 1 of 4 • b. Either party may terminate this Agreement upon submitting five (05) days written notice of termination to the other party. 3. Compensation. 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. Expenses. 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 Responsibility for Contributions, Payments, or Withholding. 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. 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 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 2 of 4 . . • 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. 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 Indemnity 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 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 employees. c. The provisions of this Mutual Indemnity Clause (Section 9) shall survive the termination or expiration of this Agreement. Page 3 of 4 • 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. - A k .4 4 Dennis T. Miura City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Juty 2006 Page 4 of 4