Meeting Date: June 5, 2012
Prepared by: Jason Stilwell
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the execution of an agreement for City Treasurer services.
Description: The City has been recruiting for a City Treasurer for the past several months. Per Municipal Code Section 2.08.060, the City Treasurer is charged with "assisting the City Administrator in administering the affairs of the City efficiently, economically and harmoniously". The proposed agreement calls for a monthly stipend of$200, the same as was paid to the previous City Treasurer. A description of the scope of services is attached to the proposed agreement.
City Funds: The City Treasurer receives a $200 monthly stipend.
Staff Recommendation: Authorize the execution of the attached agreement for City Treasurer services.
Important Considerations: Municipal Code Section 2.08.060 requires that the City Council
appoint the City Treasurer.
Decision Record: Resolution 2010-23 authorized the most recent agreement with Dewey Evans
for services as City Treasurer.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CITY TREASURER SERVICES
________________________________________________________________________
WHEREAS, the City’s Municipal Code Section 2.08.060 requires that the City Council appoint the City Treasurer; and
WHEREAS, the City was in need of a new City Treasurer to provide necessary financial duties on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve the attached Agreement for City Treasurer Services and
authorize the City Administrator to execute this Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this fifth day of June 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
___________________________
JASON BURNETT, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
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AGREEMENT FOR CITY TREASURER SERVICES
THIS AGREEMENT is entered into on this _ _ day of June
2012, by and between the CITY OF CARMEL-BY-THE-SEA, herein
referred to as the "CITY") and hereinafter referred
to as "CONSULTANT".
WHEREAS,
Seq. requires
Treasurer; and
W I T N E S S E T H
the California Government Code Section
certain duties of the office of
41001 et.
the City
WHEREAS, the CITY Municipal Code Section 2.52.090 requires
that the City Council appoint the City Treasurer; and
WHEREAS, the CITY desires to retain the services of a
qualified financial consultant to serve as City Treasurer; and
WHEREAS, CONSULTANT represents that he is 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 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 the sum of
$200 per month. Payment will be made by the 10th of
each month.
B. The City shall compensate CONSULTANT for additional
services above the established City Treasurer duties.
These duties include, but not limited to, financial
management oversight and budget development.
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C. The CITY will compensate CONSULTANT for actual out-ofpocket
expenses incurred by CONSULTANT in connection
with services performed in accordance with the
following schedule:
Incurred Expenses
incurred expenses.
by an amount equal to actual
Automobile Mileage - at the current rate allowed by
the Internal Revenue Service.
Photocopies - at the rate of $0.10 per page for each
document copy in excess of ten (10) document copies.
Incurred expenses include, but are not limited to,
authorized travel by common carrier, long distance telephone
calls, commercial reproductions, shipping and messenger
services, and other similar expenses. Incurred expenses do not
include normal overhead expenses.
3. TERM OF AGREEMENT
A.
to June
parties.
The term of this agreement is from
30, 201 subject to annual renewal
4. OWNERSHIP OF WORK PRODUCT
agreeable to both
A. Ownership of any reports, data, 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. Upon termination of services for whatever reason
CONSULTANT shall promptly return to CITY all documents and other
tangible manifestations of Confidential Information as defined
herein below in section 5 entitled "Confidentiality", including
all copies and reproductions thereof. In addition, CONSULTANT
shall return any other property belonging to CITY including,
without limitation, office supplies and documents.
5. CONFIDENTIALITY
A. CONSULTANT acknowledges that he/she may have access to
CITY'S confidential and proprietary information. Such
confidential information may include, without limitation: 1)
business and financial information, 2) business methods and
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practices, 3) technologies and technological strategies, 4)
marketing strategies, and 5) other such information as CITY may
designate as confidential ("Confidential Information").
CONSULTANT agrees to not disclose to any other person or agency
(unless required by law) or use for personal gain any
Confidential Information at any time during or after the
Agreement term, unless the CITY grants express, written consent
to such a disclosure. In addition, CONSULTANT will use his /her
best efforts to prevent any such disclosure. Confidential
information will not include information that is in the public
domain, unless such information falls into public domain through
CONSULTANT'S unauthorized actions.
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,
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 prior to the date of suspension
or termination.
7. ASSIGNMENT
A. This Agreement may not
transferred by either party hereto
consent of the other party.
be assigned
without the
8. NON-DISCRIMINATION/AFFIRMATIVE ACTION
or otherwise
prior written
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.
9 . CITY TREASURER BOND
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A. In compliance with CITY'S Municipal
2.16. 010, a bond will be issued insuring
performance of the duties of the City Treasurer.
bear the cost of the $100,000 City Treasurer bond.
10. INDEPENDENT CONTRACTOR
Code
the
section
faithful
The CITY will
A. CONSULTANT is, and shall be at all times during the
term of this Agreement, an independent contractor.
11. 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.
C. During the term of this Agreement, CONSULTANT may
engage in other consulting, occasional teaching, or writing so
long as such activities do not interfere with CONSULTANT'S
performance of the City Treasurer duties.
D. During the term of this Agreement, CONSULTANT shall
conduct all communications with non-governmental groups,
agencies, or individuals, exclusively through the CITY.
11. NOTICES
A. Any notice to
be addressed as follows
given to the parties):
THE CITY:
be given to the parties hereunder shall
(until notice of a different address is
City of Carmel-by-the-Sea
P.O. Box CC
Carmel-by-the-Sea, CA 93921
CONSULTANT:
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
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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.
12. 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.
13 . 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.
14 . GOVERNING LAW
A. This Agreement shall be governed by the laws of the
State of California.
15. 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
Agreement on the date first hereinabove written.
CITY
By:
CONSULTANT
By:
executed this
AGREEMENT FOR CITY TREASURER SERVICES
Exhibit A
SCOPE OF SERVICES
• Review monthly bank statements and bank reconciliations on
a monthly basis.
• Manage City investments according to the City's adopted
Investment Policy and Guidelines.
• Provide the City Council and City Administrator with a
monthly Investment Report by the 15th of each month.
• On an annual basis, review and provide a financial
statement of each institution in which the City invests.
• Secure a written pledge of collateral from investment
agencies on each City Certificate of Deposit.
• Review the annual budget and budget resolutions.
• Provide original bank statements and canceled checks for
auditors as requested.
• Report monthly, in writing, to the City Council all
receipts, disbursements and transfers for the preceding
month
• Assist the City Administrator in administering the affairs
of the City efficiently, economically and harmoniously
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