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HomeMy WebLinkAbout15 G. JEFFRIES TREAS 01-05-98AGEN"' NO. 15 ..- "1-5-98 nter-Com DATE: December 29, 1997 TO' FROM: SUBJECT: William A. Huston, City Manager Ronald A. Nault, Finance Director APPOINTMENT OF GEORGE W. JEFFRIES AS CONTRACT CITY TREASURER RECOMMENDATION'. ® · Approve the attached agreement for serviCes between the City and George W. Jeffries & Associates. Adopt Resolution No. 98-2 appointing George W. Jeffries as City Treasurer and rescinding Resolutions numbered 96-19 and 96-20. FISCAL IMPACT: NONE. DISCUSSION: George W. Jeffries has requested a change in status to contractor versus part time employee, an option originally considered but rejected because of the cost of his providing his own performance bond. Later information indicated that the City's insurance carrier will provide coverage for Mr. Jeffries under its general employee blanket bond which is in compliance with all coverages required by the Government Code. The City Attorney has reviewed Mr. Jeffries' request and prepared the attached Agreement for the Services of George W. Jeffries and Resolution No. 98-2 for the consideration of the City Council. There will no change in compensation with this reappointment. Financeo~a . Dire~ RAN: rn Attachments RAN6:Agendal .Dec 1 2 3 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPOINTING GEORGE W. JEFFRIES AS CITY TREASURER AND RESCINDING RESOLUTIONS NUMBERS 96-19 AND 96-20. WHEREAS, the City Council employed George W. Jeffries as City Treasurer in 1996 and is satisfied with his services; and WHEREAS, George W. Jeffries desires to serve in 1998 as City Treasurer in the capacity of an independent contractor; and WHEREAS, an agreement for the services of George W. Jeffries is attached hereto as Exhibit A, and is incorporated herein by this reference. NOW, THEREFORE, the City Council of the City of Tustin resolves as follows: SECTION 1: George W. Jeffries is hereby appointed City Treasurer pursuant to the Agreement for the Services of George W. Jeffries (the "Agreement"), attached hereto as Exhibit A. The Agreement' is hereby approved for execution by the Mayor. SECTION 2: Mr. Jeffries shall coordinate his activities with the Finance Department and other City departments. SECTION 3: Mr. Jeffries shall 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: paid by the City. SECTION 6: rescinded. The bond required of the City Treasurer shall be Resolutions Numbers 96-19 and 96-20 are hereby PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the day of January, 1998. JEFFERY M. THOMAS, MAYOR ..AGREEMENT FOR THE SERVICES OF GEORGE W. JEFFRIES THIS AGREEMENT is made and entered into to be effective the 1st 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 Services of George W. Jeffries All work to be provided by Contractor shall be personally provided by George W. Jeffries. Section 2 Scope of Work 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 first 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 approvall Section 5 Changes in 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. 1100-00022 1 sr~o~..~ 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 Terminatiorl 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 Independent Contractor 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 required 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, results, and advice. 2 ~00-00022 Exhibit "A" 564o6_4 Section 11 Insurance Requirements City shall maintain general liability and errors and omissions insurance through its carriers, 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 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 ali 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 constitutes 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 entering 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: 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 ss4os_l 3 Exhibit "A" Section 15, Each signatory to this agreement hereby warrants and represents that each has been authorized to enter into this agreement on behalf of the entity for whom they sign. CONTRACTOR: George W. Jeffries & Associates, Inc. Name: Title: A'I-rEST: CITY OF TUSTIN By: Pamela Stoker, City Clerk Jeffery Thomas, Mayor APPROVED AS TO FORM: BY:Lois E. Jeffrey~C~, Y' 1100-00022 56406_1 4 Exhibit "A"