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Home My WebLink About4.09 Interim Mgt Svs AGMTCITY CLERK File # Ellaua=&E AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 18, 1999 SUBJECT: Agreements for Interim Management Services in the Administrative Services Department. (Report Prepared by: Julie Carter, Assistant to the City Manager) ATTACHMENTS: 1. Agreement with Ellen Whittom 2. Agreement with Vavrinck, Trine, Day & Co., LLP 3. Budget Change Form RECOMMENDATION: 1. Authorize the City Manager to execute the Agreements for Interim Management Services in the Administrative Services Department. 2. 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. 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 Whittom. 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 three day workweek through 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. Whittom's background, her availability, and her familiarity of the Dublin Administrative Services Department are beneficial to the City's current needs. ------------------------------------------------------------------------------------------------------------- COPIES TO: Ellen Whittom, Consultant Vavrinck, Trine, Day & Co., LLP Attn: Joe Aguilar ITEM NO. H/cc-forms/agdastmt.doc Agreements for Interim Management Services in the Administrative Services Department Page 2 ~ 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. . . -J.,- . . . 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. . For CONTRACTOR For CITY Ellen C. Whittom City of Dublin, California Richard C. Ambrose, City Manager By: Date: By: Date: . '. . . 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. . 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: . .. , j . I j I . CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: ... " _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 " .. ',"' ,;; ~,~:",.,,' __""....'_~, ...:,,:..,,~ ,.".",.: ",:,:..M;":,':';~':""':>';':"'>i~,,,""',:::~:~,,,, ...:.....:::<<.:::'~~'1~:u<~">%~~::,,,~~,:"'N ...,:.;,:,., ,:,,< ,."'..,>.._'.....:.. .",~ ,"",..:W.,>.O:;,...~::~",<<<~,:,"":,,,,,,',~.,,,,,'iw!.,,,.,,,...... .<:.: Mayor: Date: Signature Posted By: Date: Signature fonrulbudgchng ATTACHMENT 3