CC - Item 3A - Interim City Manager Agreement
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4 ROSEMEAD CITY COUNCIL
STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, CITY MANAGER
DATE: APRIL 7, 2009
SUBJECT: INTERIM CITY MANAGER AGREEMENT
SUMMARY
Attached for the City Council's consideration is a professional services agreement forwarded to
staff by the Interim City Attorney on Monday, April 6, 2009.
The professional services agreement is for the City Council to retain a consultant to serve as the
Interim City Manager for Rosemead.
Staff recommendation
Staff recommends that the City Council provide additional direction regarding this matter.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: Agreement for Professional Services
APPROVED FOR CITY COUNCIL AGENDA: O .
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT FOR PROFESSIONAL SERVICES ("AGREEMENT") is made and
entered into effective as of the day of April, 2009, by and between the CITY OF
ROSEMEAD, a municipal corporation ("CITY") and ("CONSULTANT").
RECITALS
A. The City of Rosemead ('CITY") is presently in need of professional
management and general administrative consulting services.
B. (Consultant), who has served in city government for
years, is specially trained, experienced, competent, and uniquely qualified
to provide professional management and general administrative consulting
services to local government.
C. The CITY desires to remain the professional services of CONSULTANT.
D. CONSULTANT desires to accept and be retained by the CITY, as an
independent contractor, for purposes of providing professional
management and general administrative services to the CITY.
E. The CITY and CONSULTANT wish to provide for the terms and conditions
of CONSULTANT's professional services as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises, covenants, and conditions contained herein, the parties hereto mutually
agree as follows:
AGREEMENT
1. Professional Services
The CITY hereby retains the professional management and administrative
consulting services of CONSULTANT.
2. Scope of Professional Services
As directed by the Mayor and/or City Council, CONSULTANT shall provide the
CITY with professional management and general administrative services, which shall
include all services set forth in the Scope of Services, attached to this AGREEMENT as
Exhibit "A."
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3. Access to Facilities
During the term of the AGREEMENT, the CITY shall provide CONSULTANT with
access to CITY offices and facilities and shall provide CONSULTANT with normal and
customary office and personnel support necessary to perform such the SERVICES.
4. Term
The term of this AGREEMENT shall begin on April , 2009. CONSULTANT
shall continue to perform under the terms of this AGREEMENT until CONSULTANT has
worked 1,000 hours, or until the AGREEMENT is terminated in accordance with the
provisions of this AGREEMENT.
5. Professional Fees/Costs
The professional fees for retaining the professional management and
administrative services of CONSULTANT shall be as follows:
a. CITY shall compensate CONSULTANT at an hourly rate of
CONSULTANT has the discretion to assign his own schedule per workweek, depending
on nature of the work to be performed.
b. In performing services under this AGREEMENT, CONSULTANT shall not
exceed 1,000 hours. CONSULTANT must notify the CITY when he has performed 950
hours.
C. Total compensation for this AGREEMENT shall not exceed $
d. The CITY agrees to reimburse CONSULTANT for mileage at the current
IRS rate and for other actual and necessary expenses incurred in the performance of
his obligations under this Agreement. CONSULTANT must submit a written request
with supporting documentation for such expenses. CONSULTANT shall operate any
vehicle used in connection with the performance of his duties under this AGREEMENT
in a safe manner and otherwise in observance of all established safety laws and
ordinances and shall maintain a valid California automobile driver's license during the
term of the AGREEMENT. CONSULTANT shall also provide of proof of insurance for
any vehicle CONSULTANT utilizes in connection with the performance of his duties
under this AGREEMENT and agree to maintain valid automobile insurance, at
CONSULTANT's expense, during the term of this AGREEMENT.
6. Payment by the City
CONSULTANT shall send invoices to the CITY on a monthly basis, based upon
the services already rendered at the time of the submission. CITY shall pay all proper
costs within thirty (30) days of receipt of such invoice(s).
7. Independent Contractor
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The Parties agree that CONSULTANT is an independent contractor in business
for himself and that the relationship created by this AGREEMENT is that of an
independent contractor. CONSULTANT shall not be considered an agent or employee
of the CITY and shall not be entitled to the benefits provided by the CITY to its
employees, including, but not limited to, workers' compensation insurance, medical
insurance, dental insurance, life insurance, deferred compensation, disability insurance,
unemployment insurance, paid leaves of absence, or retirement.
8. Responsibility for Contributions, Payments, or Withholding
As an independent contractor, the CITY will report the payment of
CONSULTANT's fee on a 1099 to the Internal Revenue Service and the Franchise Tax
Board. CONSULTANT shall be solely responsible for all contributions, payments, or
withholding for state and federal taxes, including but not limited to, income taxes, social
security taxes, California state disability insurance taxes, and unemployment
contributions.
9. Indemnification
The CITY shall defend and indemnify CONSULTANT for any acts or decisions
made by him in the performance of services under this AGREEMENT.
10. Bonding
The CITY shall bear the full cost of any fidelity or other bonds required of
CONSULTANT under any law or ordinance.
11. Termination of Agreement
The CITY may terminate this AGREEMENT upon giving a ten (10) day advance
written notice of such termination to CONSULTANT. CONSULTANT may also
terminate this AGREEMENT upon giving a ten (10) day advance written notice of such
termination to the CITY. In the event of such notice, the City Council, based upon work
accomplished by CONSULTANT prior to notice of such termination, shall determine the
amount of fees to be paid to CONSULTANT for such services based upon accepted
accounting practices. This finding by the City Council shall be final and conclusive as to
the amount of such fee.
12. Extensions
This AGREEMENT shall only be extended or modified by a writing signed by
CONSULTANT the mayor, with ratification by the City Council of the CITY.
13. City Council Approval
This AGREEMENT shall be of no force and effect without ratification by the CITY
Council of the CITY.
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14. Notice
Whenever it shall be necessary for either party to serve notice on the other
regarding this AGREEMENT, such notice may be furnished in writing by either party to
the other and shall be served by personal service as required in judicial proceedings or
by certified mail, postage prepaid, return receipt requested, addressed to the parties as
follows:
CITY: Gloria Molleda
City Clerk
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
With a copy to
Joseph Montes, Esq.
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, California 90071
CONSULTANT:
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on its effective date by their respective officers duly authorized on their
behalf.
CITY CONSULTANT
CITY OF ROSEMEAD
A Municipal Corporation An Individual
By: By:
Mayor
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ATTEST:
By:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
By:
Joseph M. Montes
Interim City Attorney
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Exhibit A - Scope of Services
A. CONSULTANT shall perform all of the duties of the City Manager as set forth in
Section 2.08 of the Rosemead Municipal Code, the California Government Code,
and City policies and procedures approved by the City Council, as may be
provided from time to time.
B. The City Council may also designate the CONSULTANT to oversee the
management and administration of other City-related legal entities. Such other
legal entities could include a redevelopment agency, financing authorities, and
joint powers authorities.
C. The CONSULTANT shall administer and enforce policies established by the City
Council and promulgate rules and regulations as necessary to implement City
Council policies.
D. To accomplish this, the CONSULTANT shall have the power and shall be
required to:
(1) Attend all meetings of the City Council, unless excused by the Mayor, and
take part in the discussion of all matters before the City Council. The
CONSULTANT shall receive notice of all regular and special meetings of
the City Council.
(2) Review all agenda documents before preparing the agenda for any regular
or special meetings of the City Council. The CONSULTANT may publicly
endorse or oppose any proposed agenda items placed on the agenda by
persons other than the CONSULTANT or the CONSULTANT's staff.
(3) Direct the work of all elective and appointive City officers and departments
that are the concern and responsibility of the City Council, except those
that are directly appointed by or report directly to the City Council. The
CONSULTANT may undertake any study or investigation the
CONSULTANT believes is necessary or desirable and shall make any
study or investigation the City Council directs. The CONSULTANT shall
endeavor to implement changes that the CONSULTANT believes will
result in greater efficiency, economy, or improved public service in the
administration of City affairs.
(4) Recommend to the City Council from time to time, adoption of such
measures as the CONSULTANT may deem necessary or expedient for
the health, safety, or welfare of the community or for the improvement of
administrative services.
(5) Consolidate or combine offices, positions, departments, or units under the
CONSULTANT's jurisdiction. The CONSULTANT may be the head of one
or more City departments.
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(6) Conduct research in administrative practices in order to bring about
greater efficiency and economy in City government, and develop and
recommend to the City Council long-range plans to improve City
operations and prepare for future City growth and development.
(7) Provide management training and develop leadership qualities among
department heads and staff as necessary to build a City management
team that can plan for and meet future challenges.
(8) Exercise control of City government in emergencies as authorized by the
Municipal Code and California law.
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