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Home My WebLink AboutCC RES 02-024 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. J ~'f'e~~. T~l"o m a s Mayor ATTEST: 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 or] 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 a'nd 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 :Ame nd ment No4ToGeorgeJ effriesAg reement, doc AGREEMENT FOR.THE SERVICES. OF GEORGE W,. JFFFR!.F_S THIS AGREEMENT is made and entered into to be effective the 1st.day of January 998 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._~l Personal Services of George W. Jeffries All work to be provided by Contractor shall be personally provided by George W. Jeffries. Section 2 ScoDeof 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 _Ter,m The term of this agreement shall commence on January 1, 1998, and shall terminate on the day after the first regular meeting of the City Council in January, 1999. This agreement may be renewed on an annual basis. Sectio..n 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, Section 5 ._Changes_in Scope o.f 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 1100-00022 ~o, ~ Exhibit "A" .section .6 ..... Maintenance Records Contractor shall maintain ali 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. Termination 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 agreement prior to the effective date of termination less the amount of'any payments previously made. Section~8 Ownership_of Documents All documents prepared or obtained under this agreement are public records and 'are the property of City. Section 9 No. Assignments 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 Co. ntra.cto.r At all times during 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 roview the Contractor's work product, results, and advice. 2 1100-00022 sr,40~_~ EXhibit "A" Section 11 Insurance Requirements City shall maintain general liability and errors and' omissions insurance through its cardem, covering Contractor's work. Contractor shall cause 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 pemonai 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 all 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 c°nstitutes the entire understanding and agreement between the parties and .supersedes all previous negotiations between them pertaining to' the subject matter hereof. Each party to this agreement has been advised by counsel of its choice, and in entoring into this agreement is relying .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 persons at the following addresses' CO.NTRAC~OR George W. Jeffries & Associates, Inc. 14261 Galy Street Tustin, California 92780-2306 City Manager City of Tustin '300 Centennial Way Tustin, CA 92780-3767 1100-00022 56406_1 3 Exhibit "A" Se~ion 1~ Each signatory to this agreement hereby warrants and represents that each has been authorized to enter into this agroement on behalf of the entity for whom they Sign. CONTRACTOR: George W. Jeffrj_e~ & Associates, Inc. mi~Je~ ,~~~,~.Z'~ ATTEST: CITY OF TUSTIN Je"-'"Th--a---~a""~fer~' ~n S,M yor - -'~'~ ' - APPROVED AS TO FORM: Lois E. Jeffrey~C~Attorr0,ey- 1100-00022 SS40S_I 4 Exhibit "A" City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF OP~NGE )SS CITY OF TUSTIN ) RESOLUTION NOi 02-02 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02- 02 was adopted at a regular meeting of the City Council held on the 7t~ day of January 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, Doyle, Kawashima None None None Pamela Stoker, City Clerk