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HomeMy WebLinkAbout08 G. JEFFRIES TREAS. 01-07-02AGENDA REPOR'T II NO. 8 01-07-02 MEETING DATE: TO' FROM' SUBJECT: JANUARY 7, 2002 400-10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL RONALD A. NAULT, FINANCE DIRECTOR REAPPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND RENEWAL OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND GEORGE W. JEFFRIES AND ASSOCIATES, INC. SUMMARY: The City Council is asked to consider adopting Resolution No. 02-02 reappointing George W. Jeffries as City Treasurer and signing the amendment to Mr. Jeffries' service agreement for the year 2002. RECOMMENDATION' That the City Council adopt Resolution No. 02-02 and authorize the Mayor to Amendment No. 4 to the Agreement for the Services of George W. Jeffries, CCMT. execute FISCAL IMPACT: None. DISCUSSION' The delegatio'n of investment authority to a City Treasurer may only be for a one year period. Subject to the City Council's review each year, the City may renew the delegation of authority (Government Code Section 53607). Accordingly, the City cannot automatically renew Mr. Jeffries' appointment nor can it enter into a contract with him for a term of more than one year. Pursuant to the Government Code, the City Council must authorize the continued services of Mr. Jeffries as City Treasurer for 2002, and it must do so by formally adopting a Resolution delegating that authority to him. Additionally, the City Council must renew the contract between the City and George W. Jeffries and Associates, Inc. By the approval of these two items, the City Council completes the formalities of the delegation for 2002. Ronald A Nault, F~nance D~rector Attachments GWJ:ReappointmentOfGeorgeJeffriesAsCityTreasurer2002StaffReport.doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 02-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REAPPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2002 WHEREAS, the City Council has retained George W. Jeffries as City Treasurer since 1996 and is satisfied with his services; and WHEREAS, George W. Jeffries desires to continue to serve in 2002 as City Treasurer in the capacity of an independent contractor; and WHEREAS, an agreement for the services of George W. Jeffries was approved in 1998, and the agreement permits its term to be extended, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, resolves as follows: SECTION 1' Effective January 1, 2002, George W. Jeffries is hereby reappointed City Treasurer pursuant to the Agreement for the Services of George W. Jeffries, which is attached hereto as Exhibit "A." Amendment No. 4, which is also attached hereto as Exhibit "A," is hereby approved for execution by the Mayor. SECTION 2: Mr. Jeffries shall continue to coordinate his activities with the Finance Department and other City departments. SECTION 3' Mr. Jeffries shall continue to invest surplus City funds and provide reports of such investments in accordance with Section 1612 of the Tustin City Code: the approved investment policy, all applicable provisions of state law, including Government Code Sections 53600.3 and 53600.5, and as may be further directed by the City Council. SECTION 4' Mr. Jeffries shall also perform the City Treasurer's duties as specified by state law, and in the job description attached to the Agreement. SECTION 5: The bond required of the City Treasurer shall be paid by the City. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 7th day of January, 2002. ATTEST: Jeffery M. Thomas Mayor Pamela Stoker City Clerk AMENDMENT NO. 4 TO THE AGREEMENT FOR THE SERVICES OF GEORGE W. JEFFRIES This Amendment No. 4 is made and entered into l stdayofJanuary, 2002, by and between the CITY OF GEORGE W. JEFFRIES & ASSOCIATES, INC. ("Contractor"). to be effective the TUSTIN ("City") and RECITALS 1. City and Contractor originally entered into the Agreement for Services of George W. Jeffries on January 1, 1998 (the "Agreement"). . The Agreement permits the renewal of its term on an annual basis. 3. As permitted by Section 3 of the Agreement, the term of the Agreement was renewed by Amendment No. 3, so as to commence on January 1, 2001, and to terminate on the day after the first regular meeting of the City Council in January, 2002. NOW, THEREFORE, based upon 'the mutual covenants and promises.herein, the parties agree as follows: AGREEMENT 1. As permitted by Section 3 of the Agreement, the term of the Agreement is renewed so as to commence on January 1, 2002, and to terminate on the day after the first regular meeting of the City Council in January, 2003. 2. Except as provided Agreement shall remain unchanged. herein, all other terms and conditions of the 3. Each signatory to this Amendment No. 4 hereby warrants and represents that he/she has been authorized to enter into this Amendment No. 4 on behalf of the entity for whom they sign. CONTRACTOR: George W. Jeffries & Associates, Inc. By: Name: Title: CITY' City of Tustin By: Jeffery M. Thomas, Mayor ATTEST: By: Pamela Stoker, City Clerk APPROVED AS TO FORM' By: Lois E. Jeffrey, City Attorney GWJ:AmendmentNo4ToGeorgeJeffriesAgreement.doc AGREEMENT FOR THE SERVICES_OF :GEORGE W. JEFFR!E.S THIS AGREEMENT is made and entered into to be effective the lst.day of January 1998 by and between the CITY OF TUSTIN hereinafter referred to as "City", and GEORGE W. JEFFRIES & ASSOCIATES, INC., hereinafter referred to as "Contractor". IN CONSIDERATION of the mutual promises and covenants contained herein, THE PARTIES AGREE AS FOLLOWS: Section::1 .... Personal Serv_icesof George W. Jeffries All work to be provided by Contractor shall be personally provided by George W. Jeffries. Section.2 Scope of Wor_k A.' Contractor shall perform the duties of City Treasurer, as set forth in the laws of the State of California, the Tustin City COde, and in the position description attached hereto. B. Contractor shall invest surplus City funds and provide reports of such investments in accordance with Section 1612 of the Tustin City Code, the City Council approved investment policy, all applicable provisions of.state law, including Government Code Sections 53600.3 and 53600.5, and as may be further directed by the City Council. C. Contractor shall report to the City Council and coordinate Contractor's activities with the Finance Department and other City departments. Section__3 Term The term of this 'agreement shall commence on January 1, 1998, and shall terminate on the day after the flint regular meeting of the City Council in January, 1999. This agreement may be renewed on an annual basis. Section 4 Compensation City shall pay Contractor $3,200 per month, payable the second warrant period of each month. Contractor's written requests for the payment of reasonable out of pocket expenses shall be subject to the City Manager's approval. S_ectio[3, 5 Chanaesin Scope of Work No additional fees shall be paid by City for services not included in this agreement without the written approval of City prior to undertaking such work. 1 00-O0022 5~0~ ~ Exhibit "A" SeCtion 6_ Maintenance Records Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to the work performed under this agreement, including records of out of pocket expenses. All City documents and records shall remain at City Hall, and shall not be removed for any cause. Contractor's records of out of pocket expenses shall be made available upon request at City Hall at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement, for inspection by City. Copies thereof shall be furnished, if requested. Section 7 'l'erminetion A. City or Contractor may, without cause, terminate this agreement at any time prior to completion of the term or of any of the services to be provided hereunder. At least five (5) days notice of termination shall be given in writing to Contractor or City. Notice shall be complete when deposited in the u.S. Mail, first- class postage prepaid. Termination shall be effective five (5) days after completion of notice, as described herein, unless a longer period of time is specified in the notice. B. In the event this agreement is terminated by City, Contractor shall be paid the value of services performed pursuant to this agroement prior to the effective date of termination less the amount of'any payments previously made. Section 8 Owoemhip.of Documents All documents prepared or obtained under this agreement are public records and are the property of City. Section;9 No~Assignm.egts Contractor shall not assign any portion of the work under this agreement without the prior written approval of the City Manager. Section 10 Inde_oendent Contract.or At all times dudng the term of this agreement, Contractor shall be an independent contractor and shall not be an employee of the City. Contractor acknowledges that for itself and as an employer of George W. Jeffries that it is responsible for making tax and other payments roquirod by law to the federal and state governments. Contractor also acknowledges that it has no right to City unemployment insurance benefits, health benefits or pension benefits. City shall not have the right to control the manner and means by which Contractor's services are rendered pursuant to this agreement; however, City shall have the right to review the Contractor's work product, rosults, and advice. 1100-00022 2 s~4o~_~ Exhibit "A" Sect[pn 11_ Insu~rance Requirements City shall maintain general liability and errors and omissions insurance through its cardem, coveting Contractor's work. Contra~or shall muse its automobile insurance carrier to name City as an additional insured and shall provide evidence of such to City. Section 12 .... .._Indemnity Notwithstanding the insurance requirements set forth in Section 11 above, Contractor shall be responsible for all injuries to persons and for damages to real or personal property of City, or to any third parties, caused by or resulting from Contractor's negligence or willful misconduct in performing services hereunder. Contractor shall. defend, hold harmless and indemnify the City and all officers and employees from ali costs and claims for damages to real or personal property, or personal injury to any third party resulting from the Contractor's negligence or willful misconduct in performing this agreement. Section 13_ Entire Agreement This agreement constitutes the entire understanding and agreement between the parties and supersedes al,I previous negotiations be~een them pertaining to the sub]e~ matter hereof. Each party to this agreement has been advised by counsel of its choice, and in entoring into this agroement is rolying upon its own investigation and evaluation and not upon any representations by the other party. Section 14 Notices When notice is required to be provided under this agreement it shall be provided to the following pemons at the following addresses' CONTRACTOR George W. Jeffries & Associates, Inc. 14261 Galy Street Tustin, California 92780-2306 CITY City Manager City of Tustin 300 Centennial Way Tustin, CA 92780-3767 1100-00022 ~4o~1 3 Exhibit "A" Section 15. Each signatory to this agreement hereby warrants and represents that each has been authorized to entor into this agroement on behalf of the enti~ for whom they sign. CONTRACTOR: George W. Jeffr'e~% & Associates, Inc. -~'. -- ,t ~ - '"- .... ~' r .{','/ ATTEST: I~mei'a Sto~',-City .~,lerl( CITY OF TUSTIN _ Jel~e~mh~as,-Ma~'o[ APPROVED AS TO FORM' BY:Lois E. jeffrey~C~Attor~ey 4 1100-00022 ~o~_~ Exhibit "A"