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HomeMy WebLinkAboutAGENDA REPORT 1992 0715 CC REG ITEM 08DMOORPARK ITEMSeDe 799 Moorpark Avenue Moorpark, California 93021 TO: HONORABLE CITY COUNCIL FROM: RICHARD HARE, DEPUTY CITY MAMA E DATE: July 7, 1992 SUBJECT: Consider Amending the Fee for Contract Accounting Services Background (805) 529 -6864 � 00;?PAPK, CAUT0 -,,." A Ci N Council Mee;;r.3 of_� 199 Z ACTION: 1 - Since 1988, The City of Moorpark has engaged John Riela, CPA for accounting projects on an as- needed basis. This arrangement has been most beneficial for the City which has been able to rely on the expertise of a CPA for certain tasks without the expense of a full -time position. The current contract has established a rate for services of $35.00 per hour. The last time the rate was adjusted was July 1990. Mr. Riela has requested an increase to $40 per hour. This request was reviewed by the Budget & Finance Committee and it was the determination of the Committee that the requested fee is within the current market rate for similar services. The City Council has budgeted $21,700 for this purpose in FY 92/93 in anticipation of this rate increase request. Work performed related to development projects will be charged against deposits received. A variety of projects will be undertaken including the review of internal controls, preparation of special fund summary schedules, assistance with the annual audit, revisions to the chart of accounts, and analysis of development project costs. Recommendation Staff recommends approval of the amendment of the fee in the professional services contract with John Riela, CPA by increasing the hourly rate from $35.00 per hour to $40.00 per hour and asks the Council to authorize the City Manager to implement this fee amendment effective August 1st. (01.4.131 + 117.641) attachment: Contract w /amendment \hccrpts \acct9v9.jr PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper T' P AMENDMENT TO CONTRACT FOR SERVICES That certain contract dated March 4, 1988 between the City of Moorpark, a municipal' corporation and John Riela, independent contractor is hereby amended per City Council budget approval of June 27, 1990 -as follows: ARTICLE 3. COMPENSATION As sole and complete consideration for services to be performed by Contractor, City agrees to pay Contractor $35 per hour. Contractor shall submit to City's written invoice of services 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. EFFECTIVE DATE: JULY 1, 1990 All other terms and conditions remain the same. City of Moorpark It, --e-,�u Steve Kueny, City Manager Attest tC' y Clerk Contract John Riela J! _.! . CONTRACT FOR- SERVICES- THIS AGREEMENT, made this 4th day of March, 1988, between the City of Moorpark, a municipal corporation, located at 799 Moorpark a Avenue, Moorpark, Californi ue, a 9 3021, hereinafter referred to as "CITY ", Riela, independent contractor, located o ast wood Drive, "CONTRACTOR", Camarillo, CA 93010 hereina WITN_ E_ SSETH_ THE PARTIES HERETO 00 AGREE AS FOLLOWS: ARTICLE 1. TERM OF CONTRACT Agreement will become effective on March 4, 1988, and will This continue in effect until the comp letion of the project, unless sooner terminated as provided hereinafter. ARTICLE Z. SPEC ERVICES The Contractor agrees to perform the services specified in the a.a _.. t, ,..l a., a4.; fyY'22":e nt and designated as F`j(H IF{I `1, %�, proposal a��ai lieu vu S 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' regular business hours, unless otherwise mutually agreed by City and Contractor. ARTICLE 3. COMPENSATION As sole and complete consideration actor $30 per services to be performed by Contractor, City agrees to pay Contractor to City's written invoice of service rnnirartOr shall submit . F -Ilk 4 -10 w °ek per'^ri rill -inn whirh tha car{ �a� -4 u�a. ti c 21" -. ­­ are rendered. The City agrees to pay the amount due to Contracu within fourteen (14) days following receipt of said invoice. ARTICLE 4. RESPONSIE3LE PERSON IN CHARGE John Riela will serve as the principal person responsible performance of the Contractor's obligations under this Agreement acid 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. A_RTIC_LE6_OBLIGATIONS OF CITY City agrees to comply with all reasonable regeaso of Contractor relative to, and provide access to all documents for the performance of Contractor's duties under this Agreement. A_R_TICLE_ 7 TERMINATION Termination by either party may ,be accomplished upon seven (7) days written notice. ARTICLE 8. GENERAL PROVISIONS. Independent pendent Contractor Contractor is and at all times shall remain as any of City Wnolly independent contractor. Contractor shall not, ee or agent e the City. manner represent that he is an officlicable provisions of the Workers' Contractor shall comply with all app Compensation Insurance and Safety Acts and Labor Code of the State of California. Ownership of Documents writing required to be provided by Upon completion of any of the above described Contractor in the course of performing any services, or upon sooner termination ofrthis Agreement, property original documents pr services, reused orcotherwiise disposed of ofsby City without the and may be permission of Contractor. Hold Harmless Contractor agrees to indemnify, save, keep and hold harmless City and all of its officers and employees from all in aims, gactio costs ,ofuits, suit damages, costs or expenses in law or equity, mime arise or be set and expenses for legal services, that may a- anY ro or injury or death to persons received up because of damage to property V ..- i or suffered by reason Oi, o" a"' s- ' ``J Y Contractor in regard to any function or actvity 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 postage prepaid, return receipt requested. Mailed certified mail, p 9 P P „ Manager, 799 Moorpark „ �� as 4 + r +y c e City notices shall ue auuresseu %, "i y' and to Contractor at 2135 Westwood Avenue, Moorpark, California 93021, the Drive, Camarillo, California 93010, but each party may change otices h address by written notice in ccordanced wasoftactualcreceipt;rlmailed delivered personally will be notices will be deemed served as of the second (2nd) day after mailing. City's Agent 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 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. Goyerni nq_ 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 or 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 full`, reimburse the prevailing party for all its/ their attorney's fees accua .y ��cur ec; ;1 y ;u;; a ; i�, rcgai'(11 eSS U I l i�` alilulllli 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. i 4 EXECUTED in duplicate at Moorpark, California, on the date and year first written above. CITY OF MOORPA gy Mayor Al CC J JOHN RIELA C.F.A. 2135 Westwood Drive Camarillo CA. 93010 City of Moorpark 799 Moorpark Ave. Moorpark, Ca. 93021 y. EXHIBIT A- March 7, 1983 This letter confirms the arrangement= for my accounting services: lender the direction of the Deputy City Manager, I will assist in the operations of the Finance Department including but not limited to- 1. general ledger development and maintenance; L cast', receipts journal development and maintenance. Individual cash receipts shall be ceded 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 +!arrant registers as approved by -the Moorpark City Council. 4. reconciliation of bank account=; i preparation of financial reports. I shall not be required 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 : hall not act as an independent accountant with respect to any reports to be prepared; F. preparation of trial balances; 7. coordination with independent -audit-ors as needed during annual audit; O. payroll; 9. any related general accounting work: as relating to the maintenance of the Cit•y's financial operations. My services at no time shall include or be related to the City's investment operaWns or por-t.folio. My services will be solely as outline; .above- They should not be relied on to disclose any defalcations IF -- +:-1 that may exist.. If any are found they shall immediately be brought to the attention of the Deputy City Manager, City Manager and Mayor-. Fees for my servkes shall be $30 per• hour and will be baled :-u:.ru 1 =hall Provide a minimum of 16 hour's of service operating business hours of the City during the n•_. Ity ►? -,- - r'i�lal on March ? rt•a �-fa u1ee�;- °e rV f C S hall cornine nce If this letter correctly expresses your understanding and return the enclosed copy. , plaese sign Sincerely, hhn Riela C.P.A. PROVED: BY; ------- - - - - -- Date: I ,/