CITY COUNCIL: Resolution Entering into Agreement with DD Evans Consulting/Dadiw Associations for Financial Management Services

Meeting Date: January 5, 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with DD Evans Consulting/Dadiw Associates to provide financial management services at an annual cost of $84,000.

Description: With the departure of the Administrative Services Director to the Monterey Bay Unified Air Pollution Control District, staff proposes to fill the position on an interim basis. The proposal submitted jointly by DD Evans Consulting/Dadiw Associates will provide the expertise and financial oversight necessary to maintain the checks and balances of the City’s finances. Attachment “A” of the proposed agreement outlines the
scope of work that Mr. Evans and Ms. Dadiw collectively will provide.

Mr. Evans’ work experience includes 30 years of service with the City of Monterey and two years with the City of Mountain View. He has worked as a consultant for the cities of Del Rey Oaks, Sand City and Seaside, and for the Monterey Peninsula Regional Park District. He currently serves as the Seaside Groundwater Basin Watermaster.

Ms. Dadiw’s clients include the Monterey Peninsula Regional Park District, City of Del Rey Oaks, Pebble Beach Community Services District, Monterey Regional Waste Management District and the Monterey Peninsula Regional Park District. She also has also worked with nonprofit agencies such as the Del Monte Forest Foundation, the Del Monte Forest Property Owners, and the YWCA of Monterey County.

Overall Cost:
City Funds: $84,000 annually
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: Both Mr. Evans and Ms. Dadiw have extensive municipal and private financial background. The current annual cost for an Administrative Services Director position is $131,700. The cost per the proposal submitted by DD Evans/Dadiw is anticipated to be $84,000 annually. The expected savings is $47,700.

Decision Record: No prior action was taken by the City Council.

Reviewed:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH DD EVANS CONSULTING/DADIW ASSOCIATES TO PROVIDE
FINANCIAL MANAGEMENT SERVICES AT AN ANNUAL COST OF $84,000

WHEREAS, the Administrative Services Director has left the City to take a new position with another agency; and

WHEREAS, the City staff has proposed to fill the position on an interim basis; and

WHEREAS, the firm of DD Evans Consulting/Dadiw Associates has extensive
experience and expertise in the field of financial management for municipal governments.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

Authorize the City Administrator to execute an agreement with DD Evans
Consulting/Dadiw Associates in an annual amount not to exceed $84,000.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of January 2010 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 5th day of January 2010, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and DD Evans Consulting/Dadiw Associates hereinafter referred to as "CONSULTANT".

W I T N E S S E T H
WHEREAS, the CITY is interested in financial management services; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in developing an operating and capital improvement/equipment budget; and

WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform quarterly all of the necessary services and prepare such reports and plans as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with this agreement an amount not to exceed $7,000 dollars per month ($7,000/mo.) including expenses, for FY 2009/2010, contract runs January 5, 2010 through June 30, 2013 subject to annual renewal agreeable to both parties.

B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.

3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall vest with the CITY.

B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without limitation.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve CONSULTANT’s invoices to the CITY under this Agreement.

B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing CONSULTANT’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.

5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks associated with the financial management of City.

B. CONSULTANT will diligently proceed with the work contracted for, but it is expressly agreed and understood that CONSULTANT shall not be held responsible for delays occasioned by factors beyond their control, nor by factors that could not reasonably have been foreseen at the time of execution of this Agreement.

6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving thirty (30) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.

7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.

8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services include those due to abnormal conditions beyond CONSULTANT’s control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.

9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bonafide occupational qualification. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.

10. HOLD HARMLESS
A. CONSULTANT is fully bonded in his capacity as the City Treasurer. CONSULTANT agrees to hold harmless the CITY, its public officials, officers and employees from any loss, damage or liability arising directly from any negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible for any loss, damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants, independent
contractors, third parties or others working on the project that have not been hired by CONSULTANT and over which CONSULTANT has no supervision or control.

11. INSURANCE
A. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.

12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.

13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the extent and at the times required by the CITY’s Conflict of Interest Code and applicable law.

B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.

C. During the term of this Agreement, CONSULTANT shall conduct city related communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.

14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel, CA 93921

CONSULTANT: DD Evans Consulting
Dadiw Associates
2600 Garden Road, Suite 228
Monterey, CA 93940

Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CONSULTANT or to the CITY at the addresses set forth above.

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

15. ATTORNEY’S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.

17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.

18. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY

By: ____________________________

CONSULTANT
By: __________________________
Its: __________________________
By: __________________________
Its: __________________________