HomeMy WebLinkAboutItem 4.4 Interim Finance Director (2) t
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL -MEETING DATE: November 9, 1992
SUBJECT: Authorization to Secure Services of an Interim Finance
Director
0-(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: 1. Description of Public Service Skills, Inc.
2. Resolution Approving Agreement and Authorizing a
/ Budget Transfer
RECOMMENDATION Adopt Resolution.
FINANCIAL STATEMENT: Sufficient Funds are included in the 1992-93
Finance Department Budget to cover the cost of
services performed pursuant to this contract.
DESCRIPTION: Last month, the incumbent Finance Director advised the
City Manager of his resignation to accept employment with another public
agency. The actual separation date was November 6, 1992. Given the small
size of the City Staff, it is necessary to secure professional finance
services on an interim basis, until a permanent replacement can be made.
Public Service Skills Inc. (PSS) (a non-profit corporation) was established
to assist government agencies with short-term temporary assignments. This
activity is sponsored by the League of California Cities and is described
in Exhibit 1. This entity coordinates -services offered by professionals
who have extensive public sector backgrounds. Often their placements are
retired Department Heads or Managers who are interested in short-term
assignments. The City of Dublin would pay a fee of $500 to PSS for the
placement services.
Staff has interviewed and met with Mr. Stanley Stephens, Jr. to discuss the
City's current needs. Mr. Stephens recently completed an interim Finance
Director assignment with the City of Piedmont. His background includes
over ten years of recent experience with the City and County of San
Francisco involved in the management of the Analysis and Reports Division
within the Controller'.s Office, nine years as Finance Director with the
Cities of Foster City and Walnut Creek and approximately thirteen years
experience in performing internal audits for both private and public
entities. Staff believes that Mr. Stephens' background offers significant
experience which can be beneficial for the City's interim current needs.
Staff has prepared an agreement based upon the Standard Consultant
Agreement developed by the City Attorney's Office. The hourly rate for
this service is proposed at $50 per hour. It should be noted that as an
independent Consultant, this fee is inclusive of all expenses incurred by
the Consultant. For example, social security and other taxes and benefits
are obligations of the Consultant and not the City. Staff has also
confirmed with others offering similar services that the proposed hourly
rate is consistent with other individuals.
Mr. Stephens will be available to work for the City approximately 30 hours
per week, which is less than the amount of time programmed for the full
time Finance Director position in the approved budget. The estimated term
of the assignment is from November 16, 1992 through March 15, 1993. It is
estimated that the total cost of Consultant services will be roughly
equivalent to the salary and benefit savings attributable to the Finance
Director vacancy. Several factors impact this calculation, including:
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COPIES TO:
ITEM NO. CITY CLERK
FILE 0
1 . The Consultant will be working fewer hours than a full-time City
position. It is currently estimated at 30 hours per week, with
adjustments for holidays and a one-week period during which the
Consultant will not be available.
2. The reduced availability of a Finance Director will require that the
City Manager and other City Staff assume certain Finance and Data
Processing responsibilities.
3. The City will be incurring a one-time expense to compensate the
outgoing Finance Director for his accrued leave balance as of
November 6, 1992.
As noted, after taking these factors into consideration, Staff does not
project that any additional appropriation would be required. Staff
recommends that the City Council adopt the Resolution approving an
agreement for Interim Finance Director Services with Mr. Stephens.
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PSS Board of D :s 7`
Wes McClure,Chairman;City Manager(Ret.) J
and Range Rider n I
George Gaekle,Vice Chairman;County
Manager(Rel.) `l r1 t• r `f +' •r ; t'l '
William H.Parness,President and Northern l �,
Cal.Representative;City Manager(Rel.) 1 r.ofe 7
ssi;o:nals:
Lyman Cozad,Vice President and Southern 1
Cal.Representative;City Manager(Ret-) ! »', �Sy t%
s { r
Elwood Ennis,Treasurer/rinanciaf Officer; 1 4 term r+
Government Consultant(Ret.) t 1 f or, Sh.Ua',t,:.,�
Lucille Irish,Secretary;Deputy City Clerk
Don Bemringhoven,Executive Director, !i. - •
League of California Cities O rar
Richard Carpenter,Employee Relations
Counsel(ReL)
George Caravalho,City Manager, ass'
nments -
scaly Clarila ,
Clay Castleberry,County Public Works
Director(Rel.) y t k
Robert Coop,City Manager(Ret.)
William Cornell,City Manager(Ret.) ia,`✓ 1::.
Loren Enoch,County Manager(Ret.) ^'
Steve Swendiman,Executive Director,
California State Association of Counties
Randy H.Hamilton,Visiting Scholar,Institute r
of Government Studies,U.C.Berkeley
William C.Hart,County Personnel/Labor
;3 r
Relations Director(Ret.)
( I
Eugene C.Lee,Professor,Department of
Political Science,U.C.Berkeley
Cecil S."Cec"Riley,City Manager(Rel.)and +;•:? '"'
General Manager(Ret.)
Barbara B.Smith Tassey,Executive Director, ti� 4 '
California Health Facilities Financing(Ret.)
Marty Tarshes,County Manager(Ret.),
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Joe Vilardi,Personnel Director,Hayward I' ; La ' .Sponsored byr tt
j,League;of:California CRies'and
, J
-:California State Association of Counties
I takes proven talent to fill short-term Who are PSS registrants? associate's work to its satisfactory conclusion.
You maintain full control of the project and
positions in public agencies and
the work of the PSS registrant you engage.
we've got it! The individuals registered with PSS are
primarily professionals who are retired from As a non-profit,PSS helps you save money
If you're looking for experienced candidates responsible management and technical because the PSS registrant you engage is
to fill temporary and short-term positions in positions in public agencies. They represent payed only a negotiated salary,and travel
your public agency or community,PSS— all the disciplines related to public agency
and housing if necessary,but none of the
Public Service Skills,Inc.—.can help you. operations and they are willing to accept
PSS is a non-profit organization that matches costly fringe benefits. The only condition PSS
I (, interim positions. They include:directors of imposes is that the person assigned to the
skilled veterans of public agencies with short- public works,planning directors,finance interim position is not eligible for the perma-
term and temporary jobs in communities, directors,chiefs of police or fire departments, nent job.
throughout California. It's an ideal match of city and county managers,chief administra-
talented managemetit-level and professional live officers,community development The fee your public agency pays to PSS is
personnel to fulfilling and rewarding public professionals,in short all public agency needs $200 for agencies serving a popula-
agency work where their from Airports to Zoos.
skills are needed. _I lion of less than 10,000;$500 for
agencies between 10,000 and
About PSS Counties,cities and other public 100,000;and $750 for agencies
agencies throughout California have serving a population over 100,000.
turned to PSS to fill their temporary Your public agency negotiates the
PSS is not organized to needs for managers,administrators,
•' dis lace or replace full- , job definition,terms and compensa-
p P department heads and assistants. lion directly with the PSS registrant
time public agency staff, Our registrants have been able to selected.
nor to act as a source for help older communities keep
permanent employment. programs moving forward while a Read to find out if PSS has
Instead,it provides special- search is made for a permanent Y
ized relief for temporary replacement. They have assisted the talent you need?
vacancies,unanticipated newly-incorporated cities to get started with a If you think PSS can assist you in meeting
needs and special projects. minimum of stress and a lot of know how. your agency's short-term employment needs,
please contact us at the League of California
Since 1981,PSS has been connecting experi- HOW does PSS Work? Cities by phone 916/444-5790 or FAX 916/
enced retired professionals to short-term 444-8671. You'll be tapping into years'of
Positions and programs in public agencies. You contact PSS through the League of public agency experience.
Founded by long-time city manager Kenneth California Cities and PSS wll provide the
I.1.Smith,PSS is sponsored by the League of names of people with the experience you EXHIBIT
California Cities and the California State require. You direct and supervise the PSS
Association of Counties.
RESOLUTION NO. - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************
APPROVING AN AGREEMENT FOR
INTERIM FINANCE DIRECTOR SERVICES
WHEREAS, the City of Dublin will have a vacancy in the position
of Finance Director beginning November 6, 1992; and
WHEREAS, in order to provide supervision of the Finance functions
and adequately maintain records, professional level services are
required on an interim basis; and
WHEREAS, the non-profit firm of Public Service Skills Inc. ,
specializes in coordinating temporary assignments for public agencies;
and
WHEREAS, City Staff has identified a Consultant who has the
background and experience to meet the City of Dublin needs for a
temporary Finance Director; and
WHEREAS, it is projected that the net savings versus the
Consultant costs will not require .any _ additional appropriation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby authorize the City Manager to execute the
agreement with Stanley F. Stephens, Jr. , as shown in Exhibit A,
attached hereto and by reference made a part hereof.
PASSED, APPROVED AND ADOPTED this 9th day of November, 1992 .
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
PSR/lss a:Reso$Dir.agenda#10
EXHIBIT ,:,2
GENERAL PROVISIONS
STANDARD CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of November 9, 1992,
by and between the CITY OF DUBLIN, a municipal corporation ( "CITY" ) , and
STANLEY F. STEPHENS, JR. , ("CONTRACTOR" ) , who agree as follows:
1 . SERVICES. Subject to the terms and conditions set forth in this
Agreement, -CONTRACTOR - shall provide to CITY the services described in
Exhibit A. CONTRACTOR shall provide said services at the time, place and
in the manner specified in Exhibit A.
2 . PAYMENT. CITY shall pay CONTRACTOR for services . rendered
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B. The payments specified in Exhibit B shall be the only payments
to be made to CONTRACTOR for services rendered pursuant to this Agreement.
CONTRACTOR shall submit all billings for said services to CITY in the
manner specified in Exhibit B; or, if no manner be specified in Exhibit B,
then according to the usual and customary procedures and practices which
CONTRACTOR uses for billing clients similar to CITY.
3 . FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C,
CONTRACTOR shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for furnishing services pursuant to this
Agreement. CITY shall furnish to CONTRACTOR only the facilities and
equipment listed in Exhibit C according to the terms and conditions set
forth in Exhibit C.
AGREEMENT
Page 1 of 2 "HOIT
W01
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4. GENERAL PROVISIONS. The general provisions set forth in Exhibit
D are part of this Agreement. In the event of any inconsistency between
said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is
inconsistent with the general provisions.
5 . EXHIBITS. All exhibits referred to herein are attached hereto
and are by this reference incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by
City Manager ( "ADMINISTRATOR") . All correspondence shall be directed to
or through the ADMINISTRATOR or his or her designee.
7. NOTICES. Any written notice to CONTRACTOR shall be sent to:
Mr. Stanley F. Stephens, Jr.
5593 Terra Granada Drive, #2A
Walnut Creek, CA 94595
Any written notice- to CITY shall be sent to:
Mr. Richard C. Ambrose
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN
a municipal corporation
By
"CITY"
Attest:
City Clerk
By
"CONTRACTOR"
Approved as to form:
City Attorney
AGREEMENT
Page 2 of 2
5 . DATA PROCESSING. CONTRACTOR shall assist with oversight of Data
Processing needs associated with the scope of this agreement. This may
include entry of information, as well as review of data and production of
reports. Upon request by City Manager, CONTRACTOR may be asked to review
and provide recommendations on related issues.
6. SPECIAL PROJECTS. As determined by the City Manager, CONTRACTOR may
be requested to provide assistance with special assignments . This may
include but is not limited to: studies of alternative organizational
structures; review of specialized financing studies; and preparation of
special reports (i .e. mid-year forecast, preliminary budget information) .
7. OTHER DUTIES . As mutually agreed by CONTRACTOR and City Manager,
other duties may also be undertaken pursuant to the terms of this
agreement. -
EXHIBIT A
Page 2 of 2
EXHIBIT A
SCOPE OF SERVICES
1 . GENERAL. CONTRACTOR shall function and assist CITY providing
services as an Interim Finance Director on a temporary basis. The
estimated work effort required is 30 hours per week over a four month
period. The actual length of the assignment and work hours required may
vary and shall be subject to approval by City Manager.
2 . ADMINISTRATION. Review and oversight of financial reporting,
accounts receivable, accounts payable, business license, payroll, and
purchasing. The CONTRACTOR shall exercise the duties in a manner which
assures that necessary information and reports are accurate.
3 . ACCOUNTING. CONTRACTOR shall be responsible for complex accounting
responsibilities; including preparation of journal vouchers and adjustments
typically provided by a professional level accountant. CONTRACTOR shall
assure that necessary documentation of accounting entries is adequate.
4. TREASURY. CONTRACTOR shall advise CITY as to opportunities for
investment of City Funds in accordance with State Law and the Investment
Policy adopted by City Council. Any decision to initiate an investment
shall be subject to approval by City Manager and in accordance with City of
Dublin Finance Department Standard Operating Procedures. CONTRACTOR shall
also advise as to when cash flow requirements dictate the need to move
monies between established City Accounts. CONTRACTOR shall also review
bank reconciliations for accuracy and completeness . Upon authorization
from the City Manager, CONTRACTOR shall be authorized to complete
transactions as an agent of the CITY.
EXHIBIT A
Page 1 of 2
EXHIBIT B
PAYMENT SCHEDULE
1 . RATE OF PAY. The base rate of pay to the CONTRACTOR shall be
fifty dollars ($50 . 00) per hour worked performing services pursuant to this
Agreement. It is estimated that the total amount paid pursuant to this
contract will not exceed the sum of Twenty-Three Thousand Five Hundred and
Fifty dollars ($23, 500) . This estimate is based on an estimated average 30
hour work week over a .four-month assignment.
2 . OUT-OF-POCKET/MILEAGE EXPENSES. CONTRACTOR shall be reimbursed
for mileage to and from meetings at the rate of twenty-five cents ($. 25)
per mile. Attendance at meetings shall be subject to approval by City
Manager. CITY shall reimburse the direct cost, if any, of a performance
bond or endorsement to existing City Performance Bonds as determined by
City Manager.
3 . HOURLY RATE - ALL-INCLUSIVE. The hourly base rate shall be
inclusive of wages, benefits, insurance, taxes, any overhead including
profit, and transportation/mileage expenses (exclusive of those defined in
Section 2 above) .
4. ADDITIONAL SERVICES. CITY shall make no payment for any extra,
pofurther or additional service pursuant to this Agreement unless such
extra service and the price therefor is agreed to in writing executed by
the City Manager. Authorization shall be obtained prior to the time such
extra service is rendered.
EXHIBIT B
Page 1 of 2
5 . TERMINATION. The services to be provided under this Agreement
may be terminated without cause at any point in time in the sole and
exclusive discretion of CITY. In this event, CITY shall compensate the
CONTRACTOR for all outstanding costs incurred as of the date of written
notice thereof and shall terminate this Agreement.
The CONTRACTOR is not authorized to perform any services or incur any
costs whatsoever under the terms of this Agreement until receipt of a fully
executed copy from the City of Dublin.
EXHIBIT B
Page 2 of 2
EXHIBIT C
CITY shall furnish physical facilities such as desks, filing cabinets, and
conference space, as may be reasonably necessary for CONTRACTORS use while
consulting with CITY employees and reviewing records and the information in
possession of CITY. The location, quantity, and time of furnishing said
physical facilities shall be in the sole discretion of CITY. CITY agrees
to provide adequate clerical support services to the Finance Director
function as mutually agreed upon by CITY and CONTRACTOR. CITY shall also
provide long distance telephone or other communication charges and
reproducation facilities as they may directly relate to the services
provided under this agreement.
EXHIBIT C
Page 1 of 1
EXHIBIT D
1 . INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement, CONTRACTOR shall be an independent contractor and shall not
be an employee of CITY. CITY shall have the right to control
CONTRACTOR only insofar as the results of CONTRACTOR' S services
rendered pursuant to this Agreement; however, CITY shall not have the
right to control the means of which CONTRACTOR accomplishes services
rendered pursuant to this Agreement.
2 . LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY
that he has all licenses, permits, qualifications and approvals of
whatsoever nature which are legally required for CONTRACTOR to
practice his profession. CONTRACTOR represents and warrants to CITY
that CONTRACTOR shall, at his sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for CONTRACTOR to practice his
profession.
3 . TIME. CONTRACTOR shall devote such time to the performance of
services pursuant to this Agreement as may be reasonably necessary for
satisfactory performance of CONTRACTOR' S obligations pursuant to this
Agreement.
4. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain for the
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the CONTRACTOR, his
agents, representatives, employees or subcontractors. The cost of
such insurance shall be included in the CONTRACTOR' S bid.
Exhibit D
Page 1 of 6
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as:
( 1 ) Insurance Services Office form number GL 0002 (Ed. 1 /73)
covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services
Office Commercial General Liability coverage ( "occurrence"
form CG 0001 . )
(2) Insurance Services Office form number CA 0001 (Ed. 1 /78)
covering Automobile Liability, code 1 "any auto" and
endorsement CA 0025 .
(3) Workers, Compensation Insurance as required by the Labor
Code of the State of California and Employers Liability
Insurance.
(b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no
less than:
( 1 ) General Liability: $500, 000 single limit per occurrence for
bodily injury, personal injury and $100, 000 single limit for
property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
(2) Automobile Liability: $500, 000 single limit per accident
for bodily injury and $100, 000 single limit for property
damage.
Exhibit D
Page 2 of 6
(3) Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the
State of California and Employers Liability limits of
$1 , 000, 000 per accident.
(c) Deductibles and Self-Insured Retentions . Any deductibles or
self-insured retentions must be declared to and approved by the
CITY. At the option of the CITY, either the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the CITY, its officers, officials and employees; or the
CONTRACTOR shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
(d) Other Insurance Provisions. It is understood that the insurance
coverage provided by CONTRACTOR shall meet the following
criteria: -- - -
( 1 ) General Liability and Automobile Liability Coverages.
a. The CONTRACTOR' S insurance coverage shall be primary
insurance as respects the CITY, its officers,
officials, employees and volunteers. Any insurance or
self-insurance maintained by the CITY, its officers,
officials, employees or volunteers shall be excess of
the CONTRACTOR' S insurance and shall not contribute
with it.
b. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
CITY, its officers, officials, employees or volunteers.
Exhibit D
Page 3 of 6
C. The CONTRACTOR' S insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer' s liability.
(2) All Coverages.
Each insurance policy required by this clause shall not be
suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested,
has been given to the CITY. In the event CONTRACTOR
receives such notice from insurance provider, CONTRACTOR
shall provide CITY with evidence of replacement coverage,
prior to performing additional services.
(e) Acceptability of Insurers . Insurance is to be placed with
insurers which are deemed acceptable by CITY.
(f) Verification of Coverage. CONTRACTOR shall furnish CITY with
certificates insurance effecting coverage required by this
clause. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates are to be received and approved by
the CITY before work commences. The CITY reserves the right to
require complete, certified copies of all required insurance
policies, at any time.
(g) Subcontractors. CONTRACTOR does not anticipate the use of any
subcontractors. CONTRACTOR shall include all subcontractors as
insureds under its policies or shall furnish separate
Exhibit D
Page 4 of 6
certificates for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
(h) The Risk Manager of CITY may approve a variation in those
insurance requirements upon a determination that the coverages,
scope, limits and forms of such insurance are either not
commercially available or that the CITY' s interests are otherwise
fully protected.
5 . CONTRACTOR NO AGENT. Except as CITY may specify in writing,
CONTRACTOR shall have no authority, express or implied, to act on
behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR
shall have no authority, express or implied, pursuant to this
Agreement to bind CITY to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement "shall be void and of no effect._
7. STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services
required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in
which CONTRACTOR is engaged in the geographical area in which
CONTRACTOR practices his profession. All instruments of service of
whatsoever nature which CONTRACTOR delivers to CITY pursuant to this
Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in CONTRACTOR' s profession.
EXHIBIT D
Page 5 of 6
8. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR. CONTRACTOR will
J
assume liability and pay cost of defense and hold the CITY harmless
from loss, costs, or expenses to the extent caused by negligent or
wrongful act or omission by CONTRACTOR officers, agents, and employees
occurring in the performance of this agreement.
CITY shall assume liability and shall pay cost of defense and hold
CONTRACTOR harmless from loss, costs, or expenses to the extent caused
by negligent or wrongful act or omission by CITY officers, agents, and
employees occurring in the performance of this agreement.
9 . GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity,
CONTRACTOR shall comply with all applicable rules and regulations to
which CITY is bound by the terms of such fiscal assistance program.
10 . DOCUMENTS. All. reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials
prepared by CONTRACTOR pursuant to this Agreement shall become the
property of CITY upon completion of the work to be performed hereunder
or upon termination of the Agreement.
a:cont$dir.rca#8
EXHIBIT D
Page 6 of 6