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HomeMy WebLinkAboutAGENDA REPORT 1990 0801 CC REG ITEM 08J Iv-Lai-36a MOORPARK [TEM BERNARDO M. PEREZ o,P� 9� STEVEN KUENY Mayor ,LOORPARK, CAUFORN •o° °9 City Manager SCOTT MONTGOMERY City Cou cil Meeting r ', CHERYL J. KANE Mayor Pro Tem //� v' � City Attorney ELOISE BROWN of �� 1 ,`VA PATRICK RICHARDS,A.I.C.P. Councilmember ACTION: Z,//iif� l i m Director of CLINT HARPER, Ph.D. o-/ Community Development Councilmember R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. /� City Engineer Councilmember ��—'�— JOHN V.GILLESPIE LILLIAN KELLERMAN / , Chief of Police City Clerk / RICHARD T. HARE City Treasurer MEMORANDUM TO: HONORABLE CITY COUNCIL FROM: RICHARD HARE, DEPUTY CITY MA2 GER DATE: July 26, 1990 SUBJECT: ACCOUNTING SERVICES CONTRACT JOHN RIELA, CPA BACKGROUND Since 1988, the City of Moorpark has engaged John Riela, CPA for special 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 original contract established an hourly rate for services of $30. 00 per hour. The amendment would increase the hourly rate to $35. 00 per hour. Staff has inquired with other accounting service providers and has found the amended rate to be well within the current market rate for similar services. The City Council has budgeted adequate funds in FY 90/91 in anticipation of this rate increase request. Several projects this year will require the continued assistance of a CPA including the special reports required for the FY 89/90 audit, the implementation of improved trust and agency account procedures, review of special restricted funds and implementation of costing procedures. RECOMMENDATION Approve amendment to the professional services contract with John Riela, CPA by increasing the hourly rate to $35. 00 from $30. 00 and authorize City Manager to sign amendment on behalf of the City. Attachments: John Riela's contract Amendment to the contract 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 • 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—eity--Council budget- appr-oval--of--June-•2.7, 1990-as' follows:---• ARTICLE 3. COMPENSATION As sole and complete consideration for services to be performed by Contractor, City agrees to pay Contractor--4-3-5- 0 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-37-199-0— All LY1 1990All other terms and conditions remain the same. City of Moorpark Steve Kueny, City Manager Attest City Clerk Contractor John Riela C:CONTRACT 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 rferred 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 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 ,$.31411- per hour. 3s'" Contractor shall submit to City' s written invoice of services e ender ed at the end of each two week period during which the :Pr icPt 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 , -r- performance of the Contractor's obligations under this Agreement iid 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 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 vI, or ar•i sing 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 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 he 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. Governing_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 Incucieu in guou faith, regardless of iiie 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. ,y EXECUTED in duplicate at Moorpark, California, on the date and year first written above. CITY OF MOORPA : i By .1/'r' ' �,► �/' Mayor r ATTEST: City Clerk rr• sNkvivr I. 9e� CONT• 'CTOR 44, 1 1i By ,. ; John Riela J II I BIT..L. JOHN RIELA C.P.A. 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: Under 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; 2. cash receipts journal development and maintenance. 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 warrant registers as approved by the Moorpark City Council. 4. reconciliation of bank accounts; 5. 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 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; 8. pauroll; 9. any related general accounting work 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. ilk My services will be solely as outlined above. They should not be relied on to disclose any defalcations `:.-f-"K 1 aria:. 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 services shall be $30 per hour and will be billed every two weeks. Invoices are due and payable upon presentation. • I =hall provide a minimum of 16 hours of services during the normal operating business hours of the City each week. Services shall commence on March 7, 1988. If this letter correctly expresses your understanding, plaese sign and return the enclosed copy. Sincerely, p hn Riela G.P.A. APPROVED: By: Date: