HomeMy WebLinkAboutItem 4.09 Interim Mgt Svs AGMT (2)
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CITY CLERK
File # D[Q]0J[{l]..~[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 18, 1999
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SUBJECT:
Agreements for Interim Management Services in the Administrative
Services Department. (Report Prepared by: Julie Carter, Assistant to the
City Manager)
A TT ACHMENTS:
1.
2.
3.
Agreement with Ellen Whittam
Agreement with Vavrinck, Trine, Day & Co., LLP
Budget Change Form
RECOMMENDATION: 1.
~2.
Authorize the City Manager to execute the Agreements for Interim
Management Services in the Administrative Services Department.
Approve Budget Change Form
FINANCIAL STATEMENT: Total costs will be based on the actual hours of service provided, and
the total cost will not exceed $51,000. Funding for Fiscal Year 1998/99 is $15,200. However, $8,200 will
come form salary savings and the remaining $7,000 is requested in the Budget Change Form. The balance
of funding for the interim services, $35,800 will be included as part of the 1999/2000 Fiscal Year Budget.
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DESCRIPTION: The Assistant City Manager/Administrative Services Director will vacate his position
on May 28, 1999. Due to the critical nature of this position and the potential impact on priority projects in
progress, the City Manager has asked that Staff secure interim personnel to maintain full functions of the
City's Administrative Services Department until a full-time replacement is secured. It is anticipated that
interim services will be required until September 30, 1999.
Because of consultant scheduling conflicts and the amount of work in progress it was necessary for Staff
to secure two interim contract personnel for the Administrative Services Department. Staff is proposing
that the City enter into Management Services Agreements with Mr. Joe Aguilar of Vavrinck, Trine, Day
& Co., LLP and Ms. Ellen Whittam. As proposed, Ms. Whittom will work two days a week through June
18, 1999, and return after the school summer break and Mr. Aguilar will work a tlu-ee day workweek
tlu-ough September 30, 1999, with one scheduled vacation break.
Ms. Whittom has many years of experience in municipal government and municipal finance and has
served as the Assistant City Manager of the City of Emeryville from 1991-1996. In 1996, the City
contracted with Ms. Whittom for Finance Manager services during a leave of absence by Staff. Since
1996, her main focus has been to establish her consulting practice assisting local governments. More
recently, she has assisted the City of Dublin on several special assignments. Ms. Whittam's background,
her availability, and her familiarity of the Dublin Administrative Services Department are beneficial to the
City's current needs.
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COPIES TO:
Ellen Whittom, Consultant
Vavrinck, Trine, Day & Co., LLP M
Attn: Joe Aguilar
ITEM NO.
H1cc:-forms/agdastmt.doc:
Agreements for Interim Management Services in the Administrative Services Department
Page 2
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Vavrinck, Trine, Day & Co., LLP has been the City's auditing firm for the past three years. 0_
component of the firm is providing consulting services to public agencies. The firm is recommending ~
Joe Aguilar provide interim consulti"ng services to the City. Mr. Aguilar has exceptional experience in
municipal finance and has held several Finance Director positions in various California municipalities.
Mr. Aguilar is familiar with the City of Dublin's scope of work. and will be an excellent complement to
Ms. Whittom's skills. Mr. Aguilar's services do not conflict with the City's audit team function.
Ms. Whittom's services will be billed on an hourly basis at the rate of $75 per hour (not to exceed
$15,000). Mr. Joe Aguilar services will be biiled on a daily basis at the rate of $800 per day (not to exceed
$36,000). Total interim personnel costs will be based on the actual hours of service provided, and the total
cost will not exceed $51,000. Funding for Fiscal Year 1998/99 is $15,200, which includes $8,200 in
salary savings, and $7,000 requested in the Budget Change Form. The balance of funding will be
included as part of the 1999/2000 Fiscal Year Budget.
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MANAGEMENT SERVICES AGREEMENT
The City of Dublin, California, ("CITY") arid Ellen C. Whittom ("CONTRACTOR") agree as
follows: ~ ~
1. EXPERTISE OF CONTRACTOR. CONTRACTOR has special experience,
education, training and expertise in the field of municipal finance and city management.
CITY has an urgent need for a person with such experience, education, training and
expertise to carry out important work.
2. SCOPE OF SERVICES. CONTRACTOR will do the following:
a. Provide interim management services in areas of finance, budget, administration,
and policy as assigned by City Manager.
b. Complete other projects as assigned by City Manager
3. COMPENSATION.
a. CONTRACTOR's fee for all services shall be $75 per hour not to exceed a total
amount of$15,OOO. Fees shall be due and payable within thirty days of receipt of
semi-monthly invoices.
b.
CITY shall reimburse CONTRACTOR any direct expenses incurred in
performance of this agreement, including but not limited to long-distance phone
charges, copying, shipping and express delivery charges and any extraordinary
transportation or travel expenses (i.e. other than between CONTRACTOR's place
of business and Dublin.) Any such extraordinary automobile transportation shall
be billed at the flat rate of 30 cents per mile.
4. TERM. The term of this agreement shall be through December 31, 1999, unless
extended by mutual agreement of both parties.
5. TERMINATION. Either party may terminate this agreement, without cause, upon
providing not less than one calendar week's notice to the other party. In the event of
cancellation, CITY shall promptly pay CONTRACTOR for work completed but not yet
paid.
6.
INDEPENDENT CONTRACTOR. In fulfilling this Agreement, CONTRACTOR is
acting as an independent contractor, not as an employee or agent of the CITY. The CITY
may authorize the CONTRACTOR to take certain actions on behalf of the CITY, but
taking such actions shall be at the discretion of the CONTRACTOR. CONTRACTOR
shall pay all required Federal and State income taxes and Social Security (Self-
Employment) taxes, which may be due on the fees paid pursuant to this agreement.
ATTACHMENT 1
7. APPLICABLE LA W. CONTRACTOR shall comply with all applicable laws, .
ordinances, codes and regulations of the federal, state and local governments. This
Agreement shall be construed in accordance with the laws of the State of California and
shall be interpreted as though prepared by both parties.
8. PERSON TO PERFORM SERVICES. All services hereunder will be performed by
Ellen C. Whittom. No work hereunder shall be performed by any other person(s), nor
shall this Agreement be assigned by CONTRACTOR, unless prior written consent is
granted by CITY.
9. REPRESENTATIVES OF PARTIES, NOTICES. Richard C. Ambrose, City Manager
of CITY, and Ellen C. Whittom, CONTRACTOR, are authorized to represent and act on
behalf of the parties in all matters pertaining to this Agreement. All notices shall be
personally delivered or mailed, first class mail, to the addresses listed below:
Address of CITY: P.O. Box 2340, Dublin, California 94568
Address of CONTRACTOR: 4053 Valente Court, Lafayette, California 94549
10.
ENTIRE AGREEMENT, MODIFICATION. This Agreement constitutes the entire
agreement between the parties and supersedes any previous agreements, oral or written.
This Agreement may be modified or provisions waived only upon subsequent written
agreement by both parties.
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For CONTRACTOR
For CITY
Ellen C. Whittom
City of Dublin, California
Richard C. Ambrose, City Manager
By:
Date:
By:
Date:
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MANAGEMENT SERVICES AGREEMENT
The City of Dublin, California, ("CITY") and Vavrinek, Trine, Day & Co., LLP
("CONTRACTOR") agree as follbws:
1. EXPERTISE OF CONTRACTOR. CONTRACTOR has special experience,
education, training and expertise in the field of municipal finance administration and
management. CITY has an urgent need for a person with such experience, education,
training and expertise to carry out important work.
2. SCOPE OF SERVICES. CONTRACTOR will do the following:
a. Provide interim management services in areas of finance, treasury, budget,
administration, and policy as assigned by City Manager.
b. Complete other projects as assigned by City Manager
3. COMPENSATION.
a. CONTRACTOR's fee for all services shall be $800 per day not to exceed a total
amount of $36,000. Fees shall be due and payable within thirty days of receipt of
semi-monthly invoices.
b.
CITY shall reimburse CONTRACTOR any direct expenses incurred in
performance of this agreement, including but not limited to long-distance phone
charges, copying, shipping and express delivery charges and any extraordinary
transportation or travel expenses (i.e. other than between CONTRACTOR's place
of business and Dublin.) Any such extraordinary automobile transportation shall
be billed at the flat rate of 30 cents per mile.
4. TERM. The term of this agreement shall be through September 30, 1999, unless
extended by mutual agreement of both parties.
5. TERMINATION. Either party may terminate this agreement, without cause, upon
providing not less than one calendar week's notice to the other party. In the event of
cancellation, CITY shall promptly pay CONTRACTOR for work completed but not yet
paid.
6.
INDEPENDENT CONTRACTOR. In fulfilling this Agreement, CONTRACTOR is
acting as an independent contractor, not as an employee or agent of the CITY. The CITY
may authorize the CONTRACTOR to take certain actions on behalf of the CITY, but
taking such actions shaH be at the discretion of the CONTRACTOR. CONTRACTOR
shall pay all required Federal and State income taxes and Social Security (Self-
Employment) taxes, which may be due on the fees paid pursuant to this agreement.
ATTACHMENT 2
7.
APPLICABLE LAW. CONTRACTOR shall comply with all applicable laws, .
ordinances, codes and regulations of the federal, state and local governments. This
Agreement shall be construed in accordance with the laws of the State of California and
shall be interpreted as though prepared by both parties.
8. PERSON TO PERFORM SERVICES. All services hereunder will be performed by
Joe Aguilar. No work hereunder shall be performed by any other person(s), nor shall this
Agreement be assigned by CONTRACTOR, unless prior written consent is granted by
CITY.
9. REPRESENTATIVES OF PARTIES, NOTICES. Richard C. Ambrose, City Manager
of CITY, and Joe Aguilar, CONTRACTOR, are authorized to represent and act on behalf
of the parties in all matters pertaining to this Agreement. All notices shall be personally
delivered or mailed, first class mail, to the addresses listed below:
Address of CITY: P.O. Box 2340, Dublin, California 94568
Address of CONTRACTOR: 8270 Aspen Street, Rancho Cucamonga, CA 91730
10.
ENTIRE AGREEMENT, MODIFICATION. This Agreement constitutes the entire
agreement between the parties and supersedes any previous agreements, oral or written.
TIlls Agreement may be modified or provisions waived only upon subsequent written
agreement by both parties.
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For CONTRACTOR
For CITY
Joe Aguilar
of Vavrinek, Trine, Day & Co., LLP
City of Dublin, California
Richard C. Ambrose, City Manager
By:
Date:
By:
Date:
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CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
...
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_X_ From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
From New Revenues Between Departments (City Council Approval Required)
Other
I!IIPECRE!ASE:Bun..GE~C~O~Ot.mllllll1lm€REAS>>~UDGJt'FlA~OUNTiiiIi'lG{Mou.fjfB
.. >'...',.<<~... ,.." ,.:~' "~",,.<,"~' . 'u" .'~'''......"*,,*,,,'<< ~... . ,.. -.
Name: Name: Contract Services General $7,000.00
Account #: 00 )-1040-740-000
Account #:
Name: Name:
Account #: Account #:
Name:
Account #:
Name: Name: General Fund:
Account #:
Account #:
Name: Name: PFF Fund:
Account #: Account #:
City Manager:
Date:
Signature
REASON FOR BUDGET CHANGE ENTRY:
Contract Management Services for Interim Personnel m the Administrative Services Department due to
personnel vacancy.
'~"';..-II:""""'-"-'''''''-11;;:;.:'~''~''~~~ApprQY~4:artli~"'Clty'CouncilJ\1eetjiig.on:" Date:',. 5::18:'99
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Mayor:
Date:
Signature
Posted By:
Date:
Signature
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ATTACHMENT 3