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HomeMy WebLinkAboutDan Villella - 2008-06-17Council/Agency Meeting Held: Deferred/Continued to: ApDroved ❑ Conditionally Approved ❑ Denied .C' CitIrk'bAignat"I Council Meeting Date: 01/05/09 Department ID Number: 09-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND C SUBMITTED BY: FRED WILSON, CITY ADM. PU'0' :7--1'N =1 �I II:Y16 SUBJECT: MICHELE CARR, ADOPT A RESOLUTI OF DAN T. VILLELL PURSUANT TOG V Statement of Issue, Funding Source, Recommen IL MEMBERS PROVING THE TEMPORARY EMPLOYMENT ACCORDANCE WITH CALIPERS REQUIREMENTS MENT CODE SECTION 21221(H) Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City and Dan Villella have entered into a contractual agreement for professional services. Pursuant to Government Code Section 21221(h), a Resolution attesting to the appointment is required by CalPERS. Recommended Action: Motion to: Adopt Resolution No. 2009-2 , a Resolution Extending the Professional Service Contract (Employment Agreement) with Dan T. Villella in the Position of Financial Consultant. Alternative Action(s): Do Not Adopt Resolution No. 2oog-2 , a Resolution Extending the Professional Service Contract (Employment Agreement) with Dan T. Villella in the Position of Financial Consultant. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 01/05/09 DEPARTMENT ID NUMBER: 09-01 Analysis: CalPERS recognizes the need for government agencies to temporarily employ CalPERS retired members. However, there are limitations regarding said employment. Government Code Section 21221(h) permits the appointment of a retired member by the governing body of a contracting agency to a position deemed by the governing body to be of limited duration and requiring specialized skills (or during an emergency) to prevent stoppage of public business. Generally, these appointments are used for "interim" positions pending recruitment of a permanent appointment to fill the vacancy. An appointment under Government Code section 21221(h) is limited to 960 hours in a (CalPERS) fiscal year (July 1 — June 30). However, there is no requirement that the rate of pay be comparable to that paid to an employee doing similar duties. A one-time extension of the employment for longer than 960 hours may be requested for a section 21221(h) appointment; the retired member cannot be employed in the position more than 12 months, with or without the extension to work more than 960 hours. To date, Mr. Villella has worked approximately 750 hours and is expected to reach 960 hours prior to the appointment of a replacement. Therefore, the City is required to request an extension for 'appointments under Government Code section 21221(h) which will exceed 960 hours, prior to the retired member reaching the 960 hour maximum. The City Council recently amended Mr. Villella's employment agreement in anticipation of his continued temporary service until the on -going Finance Director recruitment is completed and a successor is appointed. Funding Source: The appropriate funding for the professional services agreement has been allocated in the City's 2008-200R,fiscal year budget. Strategic Plan Goal: (C-2) Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city, is sufficiently staffed and equipped overall. Environmental Status: n/a Attachment(s): 1. Resolution Extending the Professional Service Contract (Employment Agreement) with Dan T. Villella in the Position of Financial Consultant. 2. Amendment #2, Amendment #1, and Original Professional Services Contract Between The City Of Huntington Beach And Dan T. Villella For Financial Consulting Services -2- 12/22/2008 12:45 PM ""TT, , EN;� RESOLUTION NO. 2009-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING THE PROFESSIONAL SERVICE CONTRACT (EMPLOYMENT AGREEMENT) WITH DAN T. VILLELLA IN THE POSITION OF FINANCIAL CONSULTANT. WHEREAS, the City Council of the City of Huntington Beach wishes to extend the professional service contract (employment agreement) with Dan T. Villella in the position of Financial Consultant; and Dan T. Villella, XXX-XX-1856, retired from the City of Huntington Beach, effective June 16, 2008; and The City of Huntington Beach entered into an agreement with Dan T. Villella for financial consulting services, a position deemed to be of limited duration and requiring specialized skills, effective June 17, 2008; and Dan T. Villella is expected to reach his maximum of 960 hours this fiscal year on or about January 31, 2009 and, Due to Dan T. Villella exceeding the maximum of 960 hours prior to a replacement Finance Director being appointed, his professional service contract (employment agreement) has been extended until an appointment can be made; and Dan T. Villella has specialized skills of planning, directing and organizing the financial activities of the City that are necessary in the interim, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach that the CalPERS Board of Administration be requested to approve an extension in accordance with Government Code section 21221(h) for the temporary professional contract services (employment) of Dan T. Villella for 960 additional hours or through December 08-1723.002/29467 1 Resolution No. 2009-2 31, 2009. An appointment made under this section of this subdivision may not exceed a total of 12 months. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a of Hu&a6 Resources APPROVED AS TO FORM: City Attorney 08-1723.002/29467 2 Res. No. 2009-02 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on January 5, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Qo� 0( JJV� th Cit Clerk and ex-officio Uerk of the City Council of the City of Huntington Beach, California HM ENT 2 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T. VILLELLA THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and DAN T. VILLELLA, an individual, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Dan T. Villella For Financial Consulting Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to set forth additional compensation to be paid to Consultant by City, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as set forth in the Original Agreement, CITY agrees to pay CONSULTANT an additional sum not to exceed Sixty Thousand Dollars ($60,00.00). The additional sum shall be added to the original sum of One Hundred Thousand Dollars ($100,000.00), for a new total contract amount of One Hundred Sixty Thousand Dollars ($160;000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 os-172-1oor /2$213 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on ��CC—I►'1,C3L /,5- , 200 r CONSULTANT: DAN T. VILLELLA, an individual Dan T. Villella 08-1721001 n8213 r CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California '61KA/_yr z ,.-Iqtffity Clerk�. INITIATMPrrR MEWED AND APPROVED: city APPROVED AS TO FORM: �C- 1i y Attorney j L. 2 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T. VILLELLA THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and DAN T. VILLELLA, an individual, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Dan T. Villella For Financial Consulting Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to set forth additional compensation to be paid to Consultant by City, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. AIDIDITIONAL COMPENSATION In consideration of the additional services to be performed as set forth in the Original Agreement, CITY agrees to pay CONSULTANT an additional sum not to exceed Seventy Thousand Dollars ($70,00.00). The additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000.00), for a new total contract amount of One Hundred Thousand Dollars ($100,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 08-1723 / 25005 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on 9 ` S- - 0 F 92008. CONSULTANT: DAN T. LELLA, an individual Dan T. Villella 08-1723 / 25005 CITY OF HUNTINGTON BEACH, a municipal rp ration of the State of California )zlr Interim City Admi rator (Pursuant to NB -MC. 3.03. 00) APPROVED AS TO FORM: P. lba,-- \ City Attorney V ED AND APPROVED: Interim City A46ni ontracts Professional Service C i9CITY OF HUNTINGTON BEAC?� -- '�s'<riRe Purchasing Certification ? 3%,.Ft'0��il1 Amendment Date: 1 2008 1. Contract Number ADMOO801601 2. Department: Finance 3. Requested By: Paul Emery 4. Name of Consultant: Dan T. Villella 5. Amount of Original/Prior Contract: $30,000 6. Additional Compensation Requested: $70,000 7. Reason for Contract Amendment: Need more time to select a Finance Director 6. Are sufficient funds available to fund this contract? Yes 19 9. Business Unit and Object Code where funds are budgeted: 10035201.69365 Depattmero4ead Signature RICHAR AMADRIL Central Services Manager T ® i a �• CONTRACTS SUBMITTAL TO 2QC Jtl 18 ► CITY CLERK'S OFFICE !!t 5 Fi✓ 7 i J J To JOAN FLYNN, Clty Clerk Name of Contractor Dan Vlllella Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Financial Consulting Services Amount of Contract $30,000' 00 Copy of contract distributed to The original insurance certificate/waiver distributed ❑ Initiating Dept ❑ to Risk Management Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ -�'Xf -) Date {� daen ion City Attorney s Office G AttyMisc/Contract Forms/City, Clerk Transmittal'1 671-'� 30 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILLELLA FOR FINANCIAL CONSULTING SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 5 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 6 15 City Employees and Officials 6 16 Notices 7 17 Consent 7 18 Modification 7 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney`s Fees 9 25 Survival 10 26 Governing Law 10 27 Entirety 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILL,ELLA FOR FINANCIAL CONSULTING SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 5 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 6 15 City Employees and Officials 6 16 Notices 7 17 Consent 7 18 Modification 7 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney`s Fees 9 25 Survival 10 26 Governing Law 10 27 Entirety 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILLELLA FOR FINANCIAL CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this day of 9��- 2008, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DAN T VILLELLA and individual hereinafter referred to as "CONSULTANT " WHEREAS CITY desires to engage the services of a consultant to provide Financial Consulting Services to the City of Huntington Beach, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services NOW, THEREFORE it is agreed by CITY and CONSULTANT as follows i SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates Dan T Villella who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified 1n Exhibit "A" shall be completed no later than three (3) years from the Commencement Date of this Agreement The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement a fee including all costs and expenses, not to exceed Thirty Thousand Dollars ($30 000) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes to the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including without limitation all original drawings, designs, reports both field and office notices calculations, computer code, language data or programs maps memoranda letters and other documents shall belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials employees, agents and volunteers from and against any and all claims damages, losses expenses judgments demands and defense costs (including, without limitation costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 3 approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CITY has waived insurance coverage for this Agreement pursuant to Insurance Wavier dated June 17, 2008 1.0 CERTIFICATE OF INSURANCE CITY has waived insurance coverage for this Agreement pursuant to Insurance Wavier dated June 17, 2008 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all tunes in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to 4 CONSULTANT as provided herein In the event of termination all finished and unfinished documents, exhibits, report and evidence shall at the option of CITY become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different 5 addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail -return receipt requested TO CITY TO CONSULTANT City of Huntington Beach ATTN Dan T Villella ATTN Paul Emery, City Administrator 2000 Main Street Huntington Beach CA 92648 17 CONSENT When CITY's consent/approval is required under this Agreement its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions section paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions and do not interpret, define, limit or describe or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement C 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision contained herein and any present or future statute law ordinance or regulation contrary to which the parties have no right to contract then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 7 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular, comply with the provisions of the United States Code regarding employment verification 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment.of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 24 ATTORNEY' S FEES In the event suit is brought by either party to construe interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevalling party �3 25 SURVIVAL. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements, promises, agreements or warranties, oral or otherwise,. have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation, inducement promise, agreement, warranty fact or circumstance not expressly set forth in this Agreement This Agreement and the attached exhibits contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to .be executed by and through their authorized officers on 201 E CONSULTANT, CITY OF F a municipal an T Villella 134rc4op-ef (P GTON BEACH, of the State of California To HBMC §3 03 100) APPR VED AS TO FORM n 1 V \c City Attorney REVIEW ' D APPROVED it dministrator (only for contracts $50 000 00 and over) 10 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Consulting services which include the planning organizing, coordinating and directing the financial activities of the City This includes accounting budgeting financing, utility billing accounts receivable, business license, purchasing, reprographic and mail delivery services Also coordinates assigned activities with other departments and outside agencies, and provide highly complex and responsible administrative support to the City Administrator Services will assist in directing the fiscal management of the City, budget preparation and monitoring, revenue forecasting, general accounting and financial reporting, capital financing, internal controls, debt issuance and administration, recommend policy and procedures, and advice to department head B CONSULTANT'S DUTIES AND RESPONSIBILITIES I General advisory duties, project oversight and coordination of Department staff working on current projects and outside consultant s services 2 Coordinate and administer Finance Department functions as describe in the statement of work C CITY'S DUTIES AND RESPONSIBILITIES 1 Direct and coordinate consultant s work assignments, as necessary 2 Work with consultant to establish a mutually -agreeable work schedule Surfnet Exhibit A 3 Review for approval and authorize consultant payments in a timely manner, as described in exhibit "B" 4 Provide an appropriate work area within Department for consultant to conduct the duties established in this agreement D WORK PROGRAM/PROJECT SCHEDULE Work days, times and hours shall be on an as -needed basis, as directed, within a mutually -agreeable schedule Suifeet Exhibit EXHIBIT "B" Payment Schedule (Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule Principal $125 /hour B Travel 1 Charges for time during travel are not reimbursable 2 Automobile expenses are limited to the IRS standard business mileage rate of $0 445 C Billmtz 1 All billing shall be done monthly in one tenth hour (0 10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it Minimum billing charges are unacceptable CONSULTANT shall only charge for actual time spent For example, minimum of 0 2 hours for phone calls or 0 4 hours for letters is unreasonable unless that is an accurate measure of time spent 2 Each month s bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the case or matter 3 Telephone, cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75 00) The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0 25) per page CITY will not pay a fee or charge for telephone calls or facsimiles to CITY Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0 10) per page whichever is less 4 CITY will not pay for secretarial time or secretarial overtime CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead For example, time spent for faxing mailing arranging for messengers and calendaring are not acceptable charges 5 CITY will not pay for word processing charges This includes per page or hourly charges 6 The CITY expects that all attorneys will have a library, be it in book or electronic form Consequently the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw Surfnet Exhibit B hourly CITY will not pay for billing or discussion of bills If CITY has questions about billing or needs additional information on bills, that is not a chargeable event, CONSULTANT should respond without charging CITY for the time required 8 CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case CITY has retained CONSULTANT because of its past experience CONSULTANT shall not charge CITY for work it has done and billed another client for in the past 9 Delivery of work product A copy of every memorandum, letter report calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 10 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall A) Reference this Agreement, B) Describe the services performed C) Show the total amount of the payment due D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement, and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in or has been brought into compliance or until this Agreement has expired or is terminated as provided herein 11 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement Surfnet Fxhibit B hourly 1 Date 5114/2008 3 Department City Administration 5 Name of consultant Dan T Villella Professional Service Contracts Purchasing Certification '49/L-/ o v,' 0//, lX> CHOOSE ONE 2 Contract Number 4 Requested by Paul Emery 6 Attach the written statement of the specification conditions and "other requirements for the requested services provided to solicited consultants 7 Amount of the contract $30 000 00 8 Are sufficient funds available to fund this contract?' ® Yes ❑ No 9 is this contract generally described on the list of professional service contracts approved by -the City Council?' ® Yes ❑ No 10 Business Unit and Object Code where funds are budgeted 10035201 69365 11 Is this contract less than $50 000? ® Yes ❑ No 12 Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 13 Is this contract over $100 000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to contract ) 14 Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15 Attach list of consultants from whom proposals were requested (including a contact telephone number) Per Municipal Code 3 03 080 c Exempt and emergency procedures 16 Attach proposed scope of work 17 Attach proposed payment schedule Department Head ignature RICHAKDAMADRIL Central Services Manager 1 If the answer to this q«estion is No the contract will require approval from the City Council qsurk� INSURANCE AND INDEMNIFICATION WAIVER HB 1 Requested by Administration 2 Date May 14, 2008 3 Name of contractor/permittee Dan T Villella 4 Description of work to be performed Financial Consulting 5 Value and length of contract One year 6 Waiver/modification request waiver of Professional Liability coverage 7 Reason for request and why it should be granted Does not involve lability to the city 8 Identify the risks to CiW in g pprovmg this waiver/modification None Department H,,;(ad Signature /l -1 C Date APPROVALS Approvals must be obtained in the order listed on this form Two approvals are required for a request to be granted Approval from the City Admini or s Office is only required if Risk Management aytd the City Attorn fficedhst r 1 is anagernent Approved El Denied Sig re ffate 2 City Attorney's Office �pproved ❑ Den Signature Date 3 City Administrator's Office Approved ❑ Denied Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorneys Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Administrative Services waiver form 5/14/2008 11 16 00 AM Ili, r _ a .�q lie 1•'> 1 � INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: ADOPT A RESOLUTION APPROVING THE TEMPORARY EMPLOYMENT OF DAN T. VILLELLA IN ACCORDANCE WITH CALPERS REQUIREMENTS PURSUANT TO GOVERNMENT CODE SECTION 21221 H COUNCIL MEETING DATE: I JANUARY 5, 2009 RCA ATTACHMENTS"STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWE®' RETURNED FOR A DED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION • ,- RETURN OF - - {B.elow Space For City C/erkfs Ilse Only) RCA Author: MICHELE CARR Council/Agency Meeting Held: Deferred/Continued to: )Ap oved ❑ Conditionally Approved ❑ Denied Cit ler Signa e Council Meeting Date: 12/15/08 Department ID Number: 08-18 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO NCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST 9 PREPARED BY: PAUL EMERY, DEPUTY CITY ADMI ISTRATOR / SUBJECT: APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T. VILLELLA FOR FINANCIAL CONSULTING SERVICES. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City Administrator is seeking approval to extend the Professional Services Contract between the City of Huntington Beach and Dan T. Villella for financial consulting services. Funding Source: Funds are available in the current fiscal year 2008/2009 operating budget. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Dan T. Villella for Financial Consulting Services. Alternative Action(s): Do not approve the amendment and direct staff accordingly. Analysis: On June 17, 2008 the City entered into a professional services agreement with Dan T. Villella for financial consulting services. These services include planning, organizing, and directing the financial activities of the City. These services became necessary as a result of the retirement of Mr. Villella as the City's Finance Director. The City is currently performing a national recruitment for the position of Finance Director. The current recruitment schedule calls for applications to be submitted by December 15, 2008. Upon receipt and screening of the applications, interviews will be conducted and the recommended candidate for the position will be presented to the City Council. It is anticipated that the new Director will be under contract with the City in February 2009. In the interim, it is necessary to increase the total compensation of the agreement by $60,000 for a new contract amount of $160,000. The Professional Services Contract sets the hourly rate for Mr. Villella at $125. During the initial months of service, correlating with the annual REQUEST FOR CITY COUNCIL ACTION CITY COUNCIL MEETING DATE: December 15, 2008 DEPARTMENT ID NUMBER: budget preparation, Mr. Villella worked approximately 150 hours per month. Since that time, Mr. Villella has averaged 100 hours per month. It is anticipated that the services required for the next three months will average 100 hours monthly. This amendment is recommended to insure a continuity of service until a new director is hired. Strategic Plan Goal: (C-2) Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s): Amendment No. 2 to Agreement between the City of Huntington Beach 1 and Dan T. Villella for Financial Consulting Services. 2• IAmendment No. 1 to Agreement between the City of Huntington Beach and Dan T. Villella for Financial Consulting Services. 3. Original Professional Services Contract between the City of Huntington Beach and Dan T. Villella for Financial Consulting Services -3- 11/25/2008 1:57 PM _ ._ .._ ,i .• AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T. VILLELLA THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and DAN T. VILLELLA, an individual, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Dan T. Villella For Financial Consulting Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to set forth additional compensation to be paid to Consultant by City, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL. COMPENSATION In consideration of the additional services to be performed as set forth in the Original Agreement, CITY agrees to pay CONSULTANT an additional sum not to exceed Sixty Thousand Dollars ($60,00.00). The additional sum shall be added to the original sum of One Hundred Thousand Dollars ($100,000.00), for a new total contract amount of One Hundred Sixty Thousand Dollars ($160,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 08-1723.001 /28213 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on 2)EC&A6C-k-, /3 , 200 r CONSULTANT: CITY OF HUNTINGTON BEACH, a DAN T. VILLELLA, an individual municipal corporation of the State of California Dan T. Villella001oray r jyrffity Clerk INITIATF02"VIEWED AND APPROVED: City APPROVED AS TO FORM: ' CGity Attorney (J I L 3 2 08-1723.001/28213 TTACH T �2"' 'M" EJN`� AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T. VILLELLA THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and DAN T. VILLELLA, an individual, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Dan T. Villella For Financial Consulting Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to set forth additional compensation to be paid to Consultant by City, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as set forth in the Original Agreement, CITY agrees to pay CONSULTANT an additional sum not to exceed Seventy Thousand Dollars ($70,00.00). The additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000.00), for a new total contract amount of One Hundred Thousand Dollars ($100,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 08-1723 / 25005 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on S' ' `� , 2008. CONSULTANT: DAN:LELLA, an individual Dan T. Villella CITY OF HUNTINGTON BEACH, a municipalXqrp,oration of the State of California Interim City Ac (Pursuant to H.B.M.C. APPROVED AS TO FORM: (�- City Attorney Interim City 2 08-1723 / 25005 AND APPROVED: \���\\ TT.AC,.,H E'" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILL,ELLA FOR FINANCIAL CONSULTING SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 5 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 6 15 City Employees and Officials 6 16 Notices 7 17 Consent 7 18 Modification 7 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 9 25 Survival 10 26 Governing Law 10 27 Entirety 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILLELLA FOR FINANCIAL CONSULTING SERVICES "THIS AGREEMENT ("Agreement") is made and entered into this 7 day of 2008, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DAN T VILLELLA and individual hereinafter referred to as "CONSULTANT " WHEREAS CITY desires to engage the services of a consultant to provide Financial Consulting Services to the City of Huntington Beach, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services NOW, THEREFORE it is agreed by CITY and CONSULTANT as follows I SCOPE. OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates Dan T Villella who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 1 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date of this Agreement The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement a fee including all costs and expenses, not to exceed Thirty Thousand Dollars ($30 000) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit. "B 7 DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including without limitation all original drawings, designs, reports both field and office notices calculations, computer code, language data or programs maps memoranda letters and other documents shall belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials employees, agents and volunteers from and against any and all claims damages, losses expenses judgments demands and defense costs (including, without limitation costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors if any) negligent performance of this Agreement or its failure to comply with any of its obligations :contained in this Agreement by CONSULTANT, its officers agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 3 approve selection of CONSULTANT's counsel This indemnity shall apply to all .claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by :CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CITY has waived insurance coverage for this Agreement pursuant to Insurance Wavier dated June 17, 2008 10 CERTIFICATE OF INSURANCE CITY has waived insurance coverage for this Agreement pursuant to Insurance Wavier dated June 17, 2008 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to I CONSULTANT as provided herein In the event of termination all finished and unfinished documents, exhibits, report and evidence shall at the option of CITY become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy, the insurance requirements as set forth in Sections 9 and 10 hereinabove 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the Caltfornia Government Code 16 NOTICES Any notices certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated to Section 1 heremabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different 5 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be .deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision contained herein and any present or future statute law ordinance or regulation contrary to which the parties have no right to contract then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 7 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular, comply with the provisions of the United States Code regarding employment verification 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 24 ATTORNEY' S FEES In the event suit is brought by either party to construe interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party �3 25 SURVIVAL, Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation, inducement promise, agreement, warranty fact or circumstance not expressly set forth in this Agreement This Agreement and the attached exhibits contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on K)f/yYu-� 201 � 0 CONSULTANT, / CITY OF HUNTINGTON BEACH, a municipal c oration of the State of California �I an T Villella (Pursuaf t To HBMC §3 03 100) APPR VED AS TO FORM n I V \c City Attorney RED APPROVED VIEW . ),--7/ it dministrator (only for contracts $50 000 00 and over) 10 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Consulting services which include the planning organizing, coordinating and directing the financial activities of the City This includes accounting budgeting financing, utility billing accounts receivable, business license, purchasing, reprographic and mail delivery services Also coordinates assigned activities with other departments and outside agencies, and provide highly complex and responsible administrative support to the City Administrator Services will. assist in directing the fiscal management of the City, budget preparation and monitoring, revenue forecasting, general accounting and financial reporting, capital financing, internal controls, debt issuance and administration, recommend policy and procedures, and advice to department head B CONSULTANT'S DUTIES AND RESPONSIBILITIES 1 General advisory duties, project oversight and coordination of Department staff working on current projects and outside consultant s services 2 Coordinate and administer Finance Department functions as describe in the statement of work C CITY'S DUTIES AND RESPONSIBILITIES 1 Direct and coordinate consultant s work assignments, as necessary 2 Work with consultant to establish a mutually -agreeable work schedule Surfnet Exhibit A 3 Review for approval and authorize consultant payments in a timely manner, as described in exhibit "B" 4 Provide an appropriate work area within Department for consultant to conduct the .duties established in this agreement D WORK PROGRAM/PROJECT SCHEDULE Work days, times and hours shall be on an as -needed basis, as directed, within a mutually -agreeable schedule Surfnet Exhibit A EXHIBIT "B" Payment Schedule (Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule Principal $125 /hour B Travel Charges for time during travel are not reimbursable 2 Automobile expenses are limited to the IRS standard business mileage rate of $0 445 C Billing All billing shall be done monthly in one tenth hour (0 10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it Minimum billing charges are unacceptable CONSULTANT shall only charge for actual time spent For example, minimum of 0 2 hours for phone calls or 0 4 hours for letters is unreasonable unless that is an accurate measure of time spent 2 Each month s bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the case or matter 3 'Telephone, cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75 00) The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0 25) per page CITY will not pay a fee or charge for telephone calls or facsimiles to CITY Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0 10) per page whichever is less 4 CITY will not pay for secretarial time or secretarial overtime CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead For example, time spent for faxing mailing arranging for messengers and calendaring are not acceptable charges 5 CITY will not pay for word processing charges This includes per page or hourly charges 6 The CITY expects that all attorneys will have a library, be it in book or electronic form Consequently the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw Surfnet Exhibit B hourly 7 CITY will not pay for billing or discussion of bills If CITY has questions about billing or needs additional information on bills, that is not a chargeable event, CONSULTANT should respond without charging CITY for the time required CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case CITY has retained CONSULTANT because of its past experience CONSULTANT shall not charge CITY for work it has done and billed another client for in the past 9 Delivery of work product A copy of every memorandum, letter report calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 10 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall A) Reference this Agreement, B) Describe the services performed C) Show the total amount of the payment due D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement, and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in or has been brought into compliance or until this Agreement has expired or is terminated as provided herein 11 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested and if 'CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement Surtnet Fxhibit B hourly I Date 5/14/2008 Professional Service Contracts Purchasing Certification 2 Contract Number CHOOSE ONE 3 Department City Administration 4 Requested by Paul Emery 5 Name of consultant Dan T Vdlella 6 Attach the written statement of the specification conditions and other requirements for the requested services provided to solicited consultants 7 Amount of the contract $30 000 00 8 Are sufficient funds available to fund this contract?' ® Yes ❑ No 9 Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10 Business Unit and Object Code where funds are budgeted 10035201 69365 11 Is this contract less than $50 000? ® Yes ❑ No 12 Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 13 Is this contract over $100 000? ❑ Yes Z No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to contract ) 14 Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15 Attach list of consultants from whom proposals were requested (including a contact telephone number) Per Municipal Code 3 03 080 c Exempt and emergency procedures 16 Attach proposed scope of work 17 Attach proposed payment schedule Department Head Signature RICH D AMADRIL Central Services Manager 1 If the answer to th!s question is No the contract will rr-q,,we approval from the City Council INSURANCE AND INDEMNIFICATION WAIVER B MODIFICATION , (t'D`, ,OF REQUEST om`? Qy l 1 Requested by Administration 2 Date May 14, 2008 3 Name of contractor/permittee. Dan T Villella 4 Description of work to be performed Financial Consulting 5 Value and length of contract One year 6 Waiver/modification request waiver of Professional Liability coverage 7 Reason for request and why it should be granted Does not involve liability to the city 8 Identify the risks to Cii)y in approving this waiver/modification None Department Fji6ad Signature Date APPROVALS Approvals must be obtained in the order listed on this form Two approvals are required for request to be granted Approval from the City Admini ors Office is only required if Risk Management a d the City Attorn Office r 1 is anagernent Approved El Denied Sig re ate 2 City Attorney's Office �pproved ❑ Den Signature Date 3 City Administrator's Office Approved ❑ Denied'" g Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorneys Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Administrative Services waiver form 5/14/2008 11 16 00 AM INITIATING DEPARTMENT: Administration SUBJECT: AMENDMENT TO FINANCIAL CONSULTING SERVICES COUNCIL MEETING DATE: December 15, 2008 Ordinance (w/exhibits & legislative draft if applicable) Attached LJ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ch El Nolicable Staff Report (If applicable) Attached e Nolicable A Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable REVIIEWE Administrative Staff Deputy City Administrator (Initial City Administrator (Initial) Citv Clerk RCA Author: MSC CONTRACTS SUBMITTAL TO,1 xW 77 1') CITY CLERK'S OFFICE 2003 UG 13 M 10: 59 To: JOAN FLYNN, City Clerk Name of Contractor: Dan Villella - Amendment No. 1 Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Financial Consulting Services Amount of Contract: $100,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept. F] Finance Dept. ❑ ORIGINAL bonds sent to Treasurer F] Date: Natne/E)dension City Attorney's Office gleloe' � -7, G:AttyMisc/Contract Forms/City Clerk Transmittal X � /I AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T. VILLELLA THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and DAN T. VILLELLA, an individual, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated June 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And Dan T. Villella For Financial Consulting Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to set forth additional compensation to be paid to Consultant by City, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as set forth in the Original Agreement, CITY agrees to pay CONSULTANT an additional sum not to exceed Seventy Thousand Dollars ($70,00.00). The additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000.00), for a new total contract amount of One Hundred Thousand Dollars ($100,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 08-1723 / 25005 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on 9' S- - D F , 2008. CONSULTANT: DAN T. LELLA, an individual Dan T. Villella CITY OF HUNTINGTON BEACH, a municipal Arporation of the State of California Interim City Adr (Pursuant to KB.M.C. 3. APPROVED AS TO FORM: PA tb cam--'`- (�- City Attorney T Interim City A4Aini 2 08-1723 / 25005 AND APPROVED: Professional Service Contracts Purchasing Certification Amendment # I Date: July 10, 2008 1, Contract Number: ADM00801601 2. Department: Finance 3. Requested By: Paul Emery 4. Name of Consultant: Dan T. Villella 5. Amount of Original/Prior Contract: $30,000 6. Additional Compensation Requested: $70,000 7. Reason for Contract Amendment: Need more time to select a Finance Director 8. Are sufficient funds available to fund this contract? Yes ® No ❑ 9. Business Unit and Object Code where funds are budgeted: 10035201.69365 Departme ead. Signature RICHAR AMADRIL Central Services Manager T Name of Contractor Dan Vlllella Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Financial Consulting Services Amount of Contract $30,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed ❑ Initiating Dept ❑ to Risk Management Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ 0� k1j1A'f,( I, Date Grfieeniilon City Attorneys Office G AttyMisc/Contract Forms/City Clerk Transmittal X, 611,7V AJ L1I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILLELLA FOR FINANCIAL CONSULTING SERVICES Table of Contents 1 Scopc of Services 1 2 City Staff Assistance 2 3 Term Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 5 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 6 15 City Employees and Officials 6 16 Notices 7 17 Consent 7 18 Modification 7 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 9 25 Survival 10 26 Governing Law 10 27 Entirety 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAN T VILLELLA FOR FINANCIAL CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 7 day of 2008, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and DAN T VILLELLA and individual hereinafter referred to as "CONSULTANT " WHEREAS CITY desires to engage the services of a consultant to provide Financial Consulting Services to the City of Huntington Beach, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services NOW, THEREFORE it is agreed by CITY and CONSULTANT as follows 1 SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates Dan T Villella who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 1 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date of this Agreement The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement a fee including all costs and expenses, not to exceed Thirty Thousand Dollars ($30 000) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 7 DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including without limitation all original drawings, designs, reports both field and office notices calculations, computer code, language data or programs maps memoranda letters and other documents shall belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials employees, agents and volunteers from and against any and all claims damages, losses expenses judgments demands and defense costs (including, without limitation costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 3 approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CITY has waived insurance coverage for this Agreement pursuant to Insurance Wavier dated June 17, 2008 10 CERTIFICATE OF INSURANCE CITY has waived insurance coverage for this Agreement pursuant to Insurance Wavier dated June 17, 2008 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to 0 CONSULTANT as provided herein In the event of termination all finished and unfinished documents, exhibits, report and evidence shall at the option of CITY become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 heremabove 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 heremabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different 5 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision contained herein and any present or future statute law ordinance or regulation contrary to which the parties have no right to contract then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 7 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular, comply with the provisions of the United States Code regarding employment verification 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 24 ATTORNEY'S FEES In the event suit is brought by either party to construe interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailmg party 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation, inducement promise, agreement, warranty fact or circumstance not expressly set forth in this Agreement This Agreement and the attached exhibits contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on nM'w 201 I CONSULTANT, CITY OF F ' a municipal an T Villella 10 GTON BEACH, of the State of California (Pursuay t To HBMC §3 03 100) APPR VED AS TO FORM n I V \c 0 Crty Attorney REVIEW D APPROVED )-'IV/ it dministrator (only for contracts $50 000 00 and over) EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Consulting services which include the planning organizing, coordinating and directing the financial activities of the City This includes accounting budgeting financing, utility billing accounts receivable, business license, purchasing, reprographic and mail delivery services Also coordinates assigned activities with other departments and outside agencies, and provide highly complex and responsible administrative support to the City Administrator Services will assist in directing the fiscal management of the City, budget preparation and monitoring, revenue forecasting, general accounting and financial reporting, capital financing, internal controls, debt issuance and administration, recommend policy and procedures, and advice to department head B CONSULTANT'S DUTIES AND RESPONSIBILITIES 1 General advisory duties, project oversight and coordination of Department staff working on current projects and outside consultant s services 2 Coordinate and administer Finance Department functions as describe in the statement of work C CITY'S DUTIES AND RESPONSIBILITIES 1 Direct and coordinate consultant s work assignments, as necessary 2 Work with consultant to establish a mutually -agreeable work schedule Surfnet Exhibit A 3 Review for approval and authorize consultant payments in a timely manner, as described in exhibit `B" 4 Provide an appropriate work area within Department for consultant to conduct the duties established in this agreement D WORK PROGRAM/PROJECT SCHEDULE Work days, times and hours shall be on an as -needed basis, as directed, within a mutually -agreeable schedule Surfnet Exhibit A EXHIBIT "B" Payment Schedule (Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule Principal $125 /hour B Travel 1 Charges for time during travel are not reimbursable 2 Automobile expenses are limited to the IRS standard business mileage rate of $0 445 C Billing All billing shall be done monthly in one tenth hour (0 10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it Minimum billing charges are unacceptable CONSULTANT shall only charge for actual time spent For example, minimum of 0 2 hours for phone calls or 0 4 hours for letters is unreasonable unless that is an accurate measure of time spent 2 Each month s bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the case or matter 3 Telephone, cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75 00) The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0 25) per page CITY will not pay a fee or charge for telephone calls or facsimiles to CITY Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0 10) per page whichever is less 4 CITY will not pay for secretarial time or secretarial overtime CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead For example, time spent for faxing mailing arranging for messengers and calendaring are not acceptable charges 5 CITY will not pay for word processing charges This includes per page or hourly charges 6 The CITY expects that all attorneys will have a library, be it in book or electronic form Consequently the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw Surfnet Exhibit B hourly 7 CITY will not pay for billing or discussion of bills If CITY has questions about billing or needs additional information on bills, that is not a chargeable event, CONSULTANT should respond without charging CITY for the time required 8 CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case CITY has retained CONSULTANT because of its past experience CONSULTANT shall not charge CITY for work it has done and billed another client for in the past 9 Delivery of work product A copy of every memorandum, letter report calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 10 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall A) Reference this Agreement, B) Describe the services performed C) Show the total amount of the payment due D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement, and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in or has been brought into compliance or until this Agreement has expired or is terminated as provided herein 11 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement Surfnet Fxhibit B hourly I Date 5/14/2008 Professional Service Contracts Purchasing Certification 2 Contract Number CHOOSE ONE 3 Department City Administration 4 Requested by Paul Emery 5 Name of consultant Dan T Villella 6 Attach the written statement of the specification conditions and other requirements for the requested services provided to solicited consultants 7 Amount of the contract $30 000 00 8 Are sufficient funds available to fund this contract?' ® Yes ❑ No 9 Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10 Business Unit and Object Code where funds are budgeted 10035201 69365 11 Is this contract less than $50 000? ® Yes ❑ No 12 Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 13 Is this contract over $100 000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to contract ) 14 Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15 Attach list of consultants from whom proposals were requested (including a contact telephone number) Per Municipal Code 3 03 080 c Exempt and emergency procedures 16 Attach proposed scope of work 17 Attach proposed payment schedule Department HeadlSignature C RICH D AMADRIL Central Services Manager 1 If the answer to this question is No the contract will require approval from the City Council suo Ily INSURANCE AND INDEMNIFICATION WAIVER 1 Requested by Administration 2 Date May 14, 2008 3 Name of contractor/permittee Dan T Villella 4 Description of work to be performed Financial Consulting 5 Value and length of contract One year 6 Waiver/modification request waiver of Professional Liability coverage 7 Reason for request and why it should be granted Does not involve liability to the city 8 Identify the risks to City in approving this waiver/modification None Department HOad Signature (::, /)-I /C,� Date APPROVALS Approvals must be obtained in the order listed on this form Two approvals are required for a request to be granted Approval from the City Admini or s Office is only required if Risk Management a d the City Attorn peoffice r 1 is anagement Approved ElDenied Sig re ffate 2 City Attorney's Office �/�� �pproved El Den I V � f �` 4 Signature Date 3 City Administrator's Office Approved ElDenied S J` 6g Signyf'ure Date If approved the completed waiver/modification request is to be submitted to the City Attorneys Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Administrative Services waiver form 5/14/2008 11 16 00 AM