HomeMy WebLinkAboutAGENDA REPORT 1988 0504 CC REG ITEM 08DJOHN PATRICK LANE
Mayor
ELOISE BROWN
Mayor Pro Tern
JOHN GALLOWAY
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
MAUREEN W. WALL
City Clerk
TO:
FROM:
DATE
mrmnPANnim
The Honorable City Council
Thomas P. Genovese, Deputy City Manager 4
April 28, 1988
SUBJECT: AGREEMENT FOR CONTRACTUAL ACCOUNTING SERVICES
ITEM 2 -D
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
THOMAS P. GENOVESE
City Treasurer
Please find attached a Contract for Services that the City Council had
previously reviewed and approved (Attachment A). As you will recall,
this Agreement provided for contractual services for financial
administration. The purpose for these services has been previously
discussed with the City Council and is explained in Attachment B.
Briefly restated, the two primary purposes for the retention of
temporary personnel are:
1. To allow for adequate staff time for the preparation of the
1988/89 budget. The budget preparation for the 1988/89 fiscal
year is beginning and the primary research and forecasting is
currently being performed. The staff members with the primary
responsibility for the preparation of the budget are the City
Manager and Deputy City Manager.
2. To bring all financial records up to date and allow the Finance
Officer to focus his /her time on the implementation of the City's
financial software package. This implementation is to be
performed by the Finance Officer and Deputy City Manager. The
process is to include the revision of the chart of accounts and
loading of the 1988/89 budget onto the system. It is anticipated
that the implementation will begin in May and require a
significant amount of time of the Finance Officer for proper
implementation.
The City staff is requesting the City Council to review and approve the
799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864
The Honorable City Council
Apil 28, 1988
Page 2
Contract for Services with John Riela. Mr. Riela has been performing
these services with the City for quite some time and is familiar with
the City's processes and methods. As previously discussed with the
City Council, Mr. Riela is a Certified Public Accountant. The Contract
for Services is included as Attachnment C.
RECOMMENDATION:
Approve the Agreement and authorize the Mayor to execute the Agreement
on behalf of City Council.
MOO': ?ARIL, CALIF07MA
City Council
By
EXHIBIT A
CONTRACT FOR SERVICES
THIS AGREEMENT, made this 4th day of March, 1988, between the City
of Moorpark, a municipal corporation, located at 739 Moorpark Avenue,
Moorpark, California 93021, hereinafter referred to as "CITY ", and John
Riela, independent contractor, located at 2135 Westwood Drive,
Camarillo, CA 93010, hereinafter referred to as "CONTRACTOR ",
WITNESSETH:
THE PARTIES HERETO DO AGREE AS FOLLOWS:
ARTICLE 1. TERM OF CONTRACT
This Agreement will become effective on March 4, 1988, and will
continue in effect until the completion of the project, unless sooner
terminated as provided hereinafter.
ARTICLE 2. SPECIFIC SERVICES
The Contractor agrees to perform the services specified in the
proposal attached to this Agreement and designated as EXHIBIT A.
Contractor will determine the method, details and means of performing
the above described services. Contractor agrees to perform the
services specified in Exhibit A on the City's prefflises during City's
regular business hours, unless otherwise mutually agreed by City and
Contractor.
ARTICLE 3. COMPENSATION
As sole and complete consideration for services to be performed by
Contractor, City agrees to pay Contractor $30 per hour. Contractor
shall not exceed 160 hours without additional authorization by the City.
=1•. ,.,r;+ +on i.,vnira of SerV1CP.S
rendered at the end of each two week period during which the services
are rendered. The City agrees to pay the amount due to Contractor
within fourteen (14) days following receipt of said invoice.
ARTICLE 4._ RESPONSIBLE PERSON IN CHARGE
John Riela will serve as the principal person responsible for
performance of the Contractor's obligations under this Agreement and
shall serve as principal liaison between City and Contractor.
ARTICLE 5. _ ASSIGNMENT
Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Contractor without prior consent of City.
ARTICLE 6. OBLIGATIONS OF _CITY
City agrees to comply with all reasonable requests of Contractor
relative to, and provide access to all documents reasonably necessary
for the performance of Contractor's duties under this Agreement.
ARTICLE 7. TERMINATION
Termination by either party may be accomplished upon seven (7)
days written notice.
ARTICLE 8. _GENERAL PROVISIONS
Independent Contractor
Contractor is and at all times shall remain as to City a wholly
independent contractor. Contractor shall not, at any time or in any
manner represent that he is an officer, employee or agent of the City.
Contractor shall comply with all applicable provisions of the Workers'
Compensation Insurance and Safety Acts and Labor Code of the State of
California.
Ownership of Documents
Upon completion of any writing re - Mired to be provided by
Contractor in the course of performing any of the above described
services, or upon sooner termination of this Agreement, all original
documents prepared by Contractor shall become the sole property of City
and may be used, reused or otherwise disposed of by City without the
permission of Contractor.
Hold Harmless
Contractor agrees to indemnify, save, keep and hold harmless City
and all of its officers and employees from all claims, actions, suits,
damages, costs or expenses in law or equity, including costs of suit
and expenses for legal services, that may at any time arise or be set
e i. - ...„.,.,,,, r{onfh fn nPrcnns rPCeived
or suffered by reason of, or arising out of, any act on the part of
Contractor in regard to any function or activity carried out by
Contractor on behalf of City pursuant to the terms of this Agreement.
Notices
Any notice to be given hereunder by either party to the other
shall be effected either by personal delivery in writing or by
certified mail, postage prepaid, return receipt requested. Mailed
notices shall be addressed to City, c/o City Manager, 799 Moorpark
Avenue, Moorpark, California 93021, and to Contractor at 2135 Westwood
Drive, Camarillo, California 93010, but each party may change the
address by written notice in accordance with this section. Notices
delivered personally will be deemed served as of actual receipt; mailed
notices will be deemed served as of the second (2nd) day after mailing.
City's Amt
The Moorpark City Manager or his designee shall have the right to
review, coordinate and approve all work to be performed by the
Contractor pursuant to this Agreement, and shall be the City's agent in
this matter.
Entire Agreement of Parties
This Agreement supersedes any and all Agreements, either oral or
written, between the parties hereto with respect to the rendering of
services by Contractor to the City, and contains all of the covenants
and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each Party to this agreement
acknowledges that no representatives, inducements, promises, or
aareements, oral or oth- -; 1-1 h -1v r, kf,� merin iw nn%t nqr +a nr anvnnn
acting on behalf of any party, which are not embodied herein, and that
no other agreement, statement or promise not contained in this
Agreement shall be effective if it is in writing signed by the party to
be charged.
Governina Law
This agreement shall be governed by and construed in accordance
with the laws of the State of California.
Attorney's Fees
Should either party hereto institute any action or proceeding of
any nature whatsoever in a court of law, equity, or otherwise to
enforce any provisions of this agreement or for any other remedy, the
prevailing party shall be entitled to receive frofn the losing party,
its costs, including such amount as the Court or arbitration panel may
adjudge to be reasonable attorney's fees for the services rendered the
party finally prevailing in any such action or proceeding. Unless
judgement goes by default, the attorney fee award shall not be computed
in accordance with any court schedule, but shall be such as to fully
reimburse the prevailing party for all its/ their attorney's fees
C- _ L L T ,F +tin nmmint of cuch
judgement, it being the intention of the parties to fully compensate
the prevailing party for all attorney's fees paid or incurred in good
faith.
Venue
This Agreement is made, entered into, executed and is to be
performed in Moorpark, Ventura County, California, and any action filed
in any court or for arbitration for the interpretation, enforcement
and /or otherwise of the terms, covenants and conditions referred to
herein shall be filed in the applicable court in Ventura County,
California.
EXECUTED in duplicate at Moorpark, California, on the date and
year first written above.
CITY OF MOORPARK
ATTEST:
City Mdnager
City Clerk
CONT CTOR
By
0 n Riela
JOHN GALLOWAY
Mayor
ELOISE BROWN
Mayor Pro Tern
CLINT HARPER, Ph.D.
Councilmember
JOHN PATRICK LANE
Councilmember
MAUREEN W. WALL
City Clerk
THOMAS P. GENOVESE
City Treasurer
TO:
FROM:
DATE:
EXHIBIT B
MOORPARK
LINZ F11.111 VIM I
The Honorable City Council
Thomas P. Genovese, Deputy City Manage r
February 25, 1988
SUBJECT: CONTRACTUAL SERVICES FOR FINANCIAL ADMINISTRATION
BACKGROUND
� E M _g� �•
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
As the City Council is aware, during the City's annual budget process
the City Council authorized the addition of the position of Finance
Officer to the City staff. This position was added to the staff with
the intention of providing professional services in the accounting
function of the organization. The typical duties to be performed by
this position are: general ledger maintenance, cash receipts
management, reconciliation of bank accounts, preparation of financial
statements and reports, budget preparation, preparation of annual
reports to the State, supervision of audit process by the State and
City Auditor, operation of the City's computer system, and supervision
of accounting /clerical staff.
The recent recruitment of the position of Finance Officer did not
succeed in the retention of a person for this position. The City has
again begun the recruitment process for the position with a filing
deadline of March 18, 1988. The intention of the recruitment is to
have a person in the position by May 2, 1988. Due to the time involved
in the recruitment process, it is not anticipated that the position
could be filled any earlier than the above mentioned date.
Currently the critical elements of the duties of the position are being
completed by the Account Clerk and Deputy City Manager. However,
because of the number of projects /duties assigned to the Finance
Department and the need to begin the 1988/89 budget process, it has
become necessary for the City staff to request an account transfer from
the salaries line item of the budget to the contractual services
portion of the budget. The purpose of the account transfer is to move
799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864
The Honorable City Council
February 25, 1988
Page 2
those monies not utilized for salaries to the contractual services
account to retain the services of temporary personnel. The use of
temporary personnel is suggested to be used in lieu of the consultant
services previously proposed to the City Council. The primary purposes
for the retention of temporary personnel are:
1. To allow for adequate staff time for the preparation of the
1988/89 budget. The budget preparation for the 1988/89 fiscal
year is beginning and the primary research and forecasting is
generally performed between the months of February and May. The
staff members with the primary responsibility for the preparation
of the budget are the City Manager, Deputy City Manager and
Account Clerk.
2. To bring all financial records up to date and allow the Finance
Officer to focus his /her time on the implementation of the City's
financial software package. This implementation is to be
performed by the Finance Officer and Deputy City Manager. The
process is to include the revision of the chart of accounts and
loading of the 1988/89 budget onto the system. It is anticipated
that the implementation will require a significant amount of time
of the Finance Officer for proper implementation.
3. To allow for additional time for treasury management to be
performed by the Deputy City Manager.
4. To provide a computerized General Ledger, Cash Receipts Journal
and Cash Disbursements Journal for the 1987/88 fiscal year.
5. To provide a six month and nine month revenue and expenditure
report.
6. To allow for additional time for the projects currently assigned
to the Finance Department and City Manager's office.
The primary duties of the temporary personnel will be: (1) completion
of the General Ledger and Cash Receipts Journal, (2) preparation of
trial balances for review by appropriate City staff, (3) assist in the
bank reconciliation process to insure proper balancing with the General
Ledger. The above mentioned duties will be performed with a manual
system consistent with the processes currently in place. All treasury
management, cash handling and cash control will continue to be handled
and managed by the current City staff. Additionally, to insure proper
financial procedures and control, the current accounting staff will
still process all of the following:
1. Completion of warrant registers. This includes processing of all
invoices for payment which are reviewed by appropriate City staff
for approval of payment.
The Honorable City Council
February 25, 1988
Page 3
2. Issuance and release of all checks. All checks are prepared by
City personnel and require Council approval for release.
3. Processing of all cash receipts.
4. Deposits of all bank deposits of checks and cash received by the
City. (Excludes Building and Safety revenue per agreement with
the County.)
5. Investing City monies.
6. Management of payroll system and release of appropriate checks.
In review of the current budget allocations for the Finance Department
(Dept. 116) it is anticipated that approximately $25,994 will be saved
due to the current vacancy in the Finance Officer position. The salary
savings in this department is based on a Finance Officer coming aboard
on May 2, 1988. (See Exhibit A)
The current estimate on the cost for the temporary personnel services
is $9,300. Additionally, as the City Council is aware, the City has
previously utilized temporary personnel services at the beginning of
the Fiscal Year. The approximate cost for these services was $4,200.
Therefore, the current amount required for transfer is $13,500. The
estimate of $9,300 includes approximately 400 hours of service to
perform the duties previously addressed in this report.
Because the current estimate is conservative in the number of hOLirs to
complete the required work and does not include any time for an overlap
period when the Finance Officer comes aboard, City staff is requesting
the City Council to authorize the transfer of $18,000 from Account
01- 116 -502 to Account 01- 116 -542. This transfer will allow the
flexibi'ity t^ add aeirfitinn?1 hmirc -,hniild thev be necessary for the
completion of the duties described and any additional training
necessary for the implementation of the DLH software. Again, this will
only require a transfer of monies and not require any additional
appropriation of funds. With this transfer, it is anticipated that
approximately $8,000 will still be saved in the Finance Department due
to salary savings of the Finance Officer vacancy.
RECOMMENDATION
1. Authorize the City manager sign the necessary agreement for
services.
2. Authorize the transfer of $18,000 from Account 01- 116 -502 to
Account 01- 116 -542.
PERSONNEL
YTD
Est. Actual*
Budgeted
Total Amt.
Actual
to Year End
Amount
H or ; -) (+ or -)
Salaries
58,986
525,598
S43,356
$19,381
Overtime
-0-
500
1,877
1,377
Group Medical
693
3,164
8,400
5,235
TOTAL
,-2 7,991 525,994 under budget
CONTRACT FOR SERVICES
THIS AGREEMENT, made this 4th day of March, 1988, between the City
of Moorpark, a municipal corporation, located at 799 Moorpark Avenue,
Moorpark, California 93021, hereinafter referred to as "CITY ", and John
Riela, independent contractor, located at 2135 Westwood Drive,
Camarillo, CA 93010 hereinafter referred to as "CONTRACTOR ",
WITNESSETH:
THE PARTIES HERETO DO AGREE AS FOLLOWS:
ARTICLE 1. TERM OF CONTRACT
This Agreement will become effective on March 4, 1988, and will
continue in effect until the completion of the project, unless sooner
terminated as provided hereinafter.
ARTICLE 2. _SP_ECIFIC SERVICES
The Contractor agrees to perform the services specified in the
proposal attached to this Agreement and designated as EXHIBIT A.
Contractor will determine the method, details and means of performing
the above described services. Contractor agrees to perform the
services specified in Exhibit A on the City's premises during City's
regular business hours, unless otherwise mutually agreed by City and
Contractor.
ARTICLE 3. COMPENSATION
As sole and complete consideration for services to be performed by
Contractor, City agrees to pay Contractor $30 per hour.
Contractor shall submit to City's written invoice of services
�`crc -A ` 4-hc end of each t:;o week period durinn whirh thin cPrvir-pc
�IIVI:I l.V U V Vlll.
are rendered. The City agrees to pay the amount due to Contractor
within fourteen (14) days following receipt of said invoice.
ARTICLE 4. RESPONSIBLE PERSON IN CHARGE
John Riela will serve as the principal person responsible for
performance of the Contractor's obligations under this Agreement and
shall serve as principal liaison between City and Contractor.
ARTICLE 5. ASSIGNMENT
Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Contractor without prior consent of City.
ARTICLE 6. _ OBLIGATIONS OF CITY
City agrees to comply with all reasonable requests of Contractor
relative to, and provide access to all documents reasonably necessary
for the performance of Contractor's duties under this Agreement.
ARTICLE 7.
Termination by either party may be accomplished upon seven (7)
days written notice.
ARTICLE 8
GENERAL PROVISIONS
Independent Contractor
Contractor is and at all times shall remain as to City a wholly
independent contractor. Contractor shall not, at any time or in any
manner represent that he is an officer, employee or agent of the City.
Contractor shall comply with all applicable provisions of the Workers'
Compensation Insurance and Safety Acts and Labor Code of the State of
California.
Ownership_.of Documents
Upon completion of any writing required to be provided by
Contractor in the course of performing any of the above described
services, or upon sooner termination of this Agreement, all original
documents prepared by Contractor shall become the sole property of City
and may be used, reused or otherwise disposed of by City without the
permission of Contractor.
Hold Harmless
Contractor agrees to indemnify, save, keep and hold harmless City
and all of its officers and employees from all claims, actions, suits,
damages, costs or expenses in law or equity, including costs of suit
and expenses for legal services, that may at any time arise or be set
up because of damage to property or injury or death to persons received
or suffered by reason of, or arising out of, any act on the part of
Contractor in regard to any function or activity carried out by
Contractor on behalf of City pursuant to the terms of this Agreement.
Notices
Any notice to be given hereunder by either party to the other
shall be effected either by personal delivery in writing or by
certified mail, postage prepaid, return receipt requested. Mailed
notices shall be addressed to City, c/o City Manager, 799 Moorpark
Avenue, Moorpark, California 93021, and to Contractor at 2135 Westwood
Drive, Camarillo, California 93010, but each party may change the
address by written notice in accordance with this section. Notices
delivered personally will be deemed served as of actual receipt; mailed
notices will be deemed served as of the second (2nd) day after mailing.
City's Aq_ent
The Moorpark City Manager or his designee shall have the right to
review, coordinate and approve all work to be performed by the
Contractor pursuant to this Agreement, and shall be the City's agent in
this matter.
Entire _A reement of Parties
This Agreement supersedes any and all Agreements, either oral or
written, between the parties hereto with respect to the rendering of
services by Contractor to the City, and contains all of the covenants
and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this agreement
acknowledges that no representatives, inducements, promises, or
agreements, oral or otherwise, have been made by any party or anyone
acting on behalf of any party, which are not embodied herein, and that
no other agreement, statement or promise not contained in this
Agreement shall be effective if it is in writing signed by the party to
be charged.
Gove.rninq_Law
This agreement shall be governed by and construed in accordance
with the laws of the State of California.
Attorney's _Fees
Should either party hereto institute any action or proceeding of
any nature whatsoever in a court of law, equity, or otherwise to
enforce any provisions of this agreement or for any other remedy, the
prevailing party shall be entitled to receive from the losing party,
its costs, including such amount as the Court or arbitration panel may
adjudge to be reasonable attorney's fees for the services rendered the
party finally prevailing in any such action or proceeding. Unless
judgement goes by default, the attorney fee award shall not be computed
in accordance with any court schedule, but shall be such as to fully
reimburse the prevailing party for all its/ their attorney's fees
actually incurred in good faith, regardless of the amount of such
judgement, it being the intention of the parties to fully compensate
the prevailing party for all attorney's fees paid or incurred in good
faith.
Venue
This Agreement is made, entered into, executed and is to be
performed in Moorpark, Ventura County, California, and any action filed
in any court or for arbitration for the interpretation, enforcement
and /or otherwise of the terms, covenants and conditions referred to
herein shall be filed in the applicable court in Ventura County,
California.
EXECUTED in duplicate at Moorpark, California, on the date and
year first written above.
CITY OF MOORPARK:
By
Mayor
ATTEST:
City Clerk
CONTRACTOR:
By
John Riela
John Riela C.P.A. EXHIBIT:
2135 Westwood Drive
Camarillo, CA. 93010
March 7, 1988
City of Moorpark
799 Moorpark Ave.
Moorpark, CA- 93021
This letter confirms the arrangements for my accounting services.
unoer Lne direction of Lilo Cll v i idiiayci i will as=I='., ii,
the operations of the Finance Department including but not
limited to=
1. general ledger development and maintenance;
2. cash receipts journal develeprneret and maintenancR.
Individual cash receipts shall be coded according to
the Deputy City Manager's instructions;
3. cash disbursements journal development and
maintenance. The warrants shall be posted to the
journal using account codes indicated in the t;-�arr-ant
registers as approved by the Moorpark City Council;
4. reconciliation of bank accounts;
5. preparation of financial reports. 1 shall not be-
to express an accountant's opinion of any kind on these
reports. My responsibility related to these reports
shall be one of simply gathering information and
presenting it to the Deputy City Manager for his
review. I shall not act as an independent accountant
with respect to any reports to be prepared;
6. preparation of trial balances;
7. coordination with independent auditors as needed
during annual audit;
Ci. j�oy� vii;
9. any related general accounting !cork as relating to
the maintenance of the City's financial operations.
My services at no time shall include or be related to the City's investment
operations or portfolio.
My servic=es will be solely as outlined above. They should not be relied on
to disclose any defalcations of records that may exist. If any are found
they shall immediately be brought to the attention of the Deputy City
Manager, City Manager, and City Council `(
Fees for my services shall be $30 per hour and will be billed every two
weeks. Invoices are due and payable ,ikpon presentation.
I shall provide a minimum of 16 hours of services during the normal
operating business hours of the City each meek. Services shall commence
on March 7, 1988.
If this letter correctly expresses your understanding, please sign and
return the enclosed copy.
Sincerely,
n D, P'4-
3hn Riel.3 C.P.A.
APPROVED-
BY: ------ . - - - --
Date: — — — — — — — — — —