HomeMy WebLinkAboutHR Employment Agreement; Mark Moses; Interim Finance DirectorCITY aF Agenda Item No: 3 k.
na Meeting Date: March 5, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Management Services
Prepared by:
Anil Comelo, Human Resources Director (SG) City Manager Approvairl IX - � °--
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND MARK MOSES TO PROVIDE INTERIM
SERVICES AS A FINANCE DIRECTOR
RECOMMENDATION: Adopt resolution
BACKGROUND: At the May 16, 2011 the City Council approved an agreement with Janet Pendoley to
provide interim services to fill the vacant Finance Director position through August 31, 2011. During this
time, the City conducted a recruitment but was unable to fill the position. In order to maintain the Finance
Director position staffed, the City Council approved an extension of the contract with Ms. Pendoley on
August 15, 2011 until such time as a Finance Director could be appointed.
ANALYSIS / SUMMARY: Ms. Pendoley notifed the City that she would be ending her contract effective
February 10, 2012 due to other commitments. On February 13, 2012 the City of San Rafael entered into
a contract with Mark Moses to provide interim Finance Director services for a contract amount not to
exceed $19,000. The City is currently recruiting for the Finance Director position, with interviews
scheduled for March 11th and an expected appointment date of or around July 30, 2012.
FISCAL IMPACT: The Finance Director contract is expected to run through July 30, 2012, at an hourly
rate of $120. These costs will be paid from the budgeted salary for this position until it is filled. The term
of the agreement can be shortened or extended by mutual agreement to meet the needs of the City.
OPTIONS:
• Adopt the proposed resolution
• Deny or request changes to the appointment
• Direct staff to develop alternatives for directing the Finance functions
ACTION REQUIRED: Adopt the resolution as presented
ATTACHMENTS:
Resolution
Agreement between the City of San Rafael and Mark Moses to provide Interim
Finance Director Services
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
RESOLUTION NO. 13302
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND MARK MOSES TO PROVIDE
INTERIM SERVICES AS FINANCE DIRECTOR
WHEREAS, the City is currently recruiting to fill the vacant Finance Director position; and
WHEREAS, the City contracted with Mark Moses to provide interim Finance Director
services from February 13 to March 5th 2012; and
WHEREAS, the City would like to keep the position staffed until such time as the position
can be filled.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
hereby approves and authorizes the City Manager to execute an Agreement with Mark Moses to
provide interim Finance Director services, a copy of which is hereby attached and by this
reference made a part hereof.
1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 5th
day of March 2012, by the following vote to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARK MOSES
TO PROVIDE MANAGEMENT AND ADMINISTRATIVE SERVICES
AS AN INTERIM FINANCE DIRECTOR
This Agreement is made and entered into this 64' day of March, 2012, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Mark Moses (hereinafter
"CONTRACTOR").
PVCITAi,C
WHEREAS, the CITY desires to employ the services of a CONTRACTOR to provide
services as an interim Finance Director, as set forth herein; and
WHEREAS, CONTRACTOR has the training, education and experience as a Finance
Director; and
WHEREAS, CONTRACTOR is willing to provide said finance services to CITY pursuant
to the terms and conditions expressed herein;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The City Manager, Nancy Mackle is hereby designated the PROJECT
MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the
progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Mark Moses is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and responsibilities, and provide the services,
as described in the Job Class Description for Finance Director, attached hereto as Exhibit "A" and
incorporated herein.
3. DUTIES OF CITY.
CITY shall compensate CONTRACTOR as provided in Paragraph 4.
4. COMPENSATION.
Version 2-15-11
ORICTINAL
1 .,'
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR at a rate of $120 per hour, inclusive of expenses.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence upon March 6, 2012 and shall run through
December 31, 2012 or until the Finance Director position has been filled.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other parry, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
I
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 10. A., shall
also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution.
2. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
CITY, its officers, agents, employees, and volunteers, as additional named insureds under the
policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
3
five years.
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release,
defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of
their duties and obligations under this Agreement.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless CITY, its officers, and employees, against any
claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees,
that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of
CONTRACTOR in the performance of its duties and obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
0
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
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CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Nancy Mackle
Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Mark Moses
Project Director
4420 Columbine Drive
Pleasanton, CA 94588
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
5
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
I
any work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
NANCY MACKI*, City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City AAo*y
0
By:
Printed Name: Mark Moses
City of San Rafael
Job Class Specification
Job Title: Finance Director
SUMMARY:
Under general administrative direction, manages and oversees the activities and operations
of the Finance Department including financial reporting, general accounting, payroll, budget
preparation, treasury function, debt administration, revenue management, business
licensing and purchasing; to coordinate assigned activities with other City departments and
outside agencies; and to provide highly responsible and complex administrative support to
the City Manager.
DISTINGUISHING CHARACTERISTICS:
This is an exempt, executive level position in the Finance Department. Administrative direction
is provided by the City Manager; responsibilities include the direct supervision over professional,
management, technical and administrative support personnel.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. This list is meant to
be representative, not exhaustive; other related duties may also be assigned:
• Assume full management responsibility for all Finance Department services and activities
including financial reporting, general accounting, payroll, budget preparation, debt
administration, treasury function, revenue management, business licensing and purchasing.
• Manage the development and implementation of Finance Department goals, objectives,
policies, and priorities for each assigned serve area; establish, within City policy, appropriate
service and staffing levels; allocate resources accordingly.
• Continuously monitor and evaluate the efficiency and effectiveness of service delivery
methods and procedures; assess and monitor workload, administrative and support
systems, and internal reporting relationships; identify opportunities for improvement; direct
the implementation of changes.
• Oversee the annual fiscal year audit and participate in the review of the results of the annual
audit with external auditors.
• Represent the Finance Department to other City departments, elected officials, and outside
agencies; explain and interpret Finance Department programs, policies, and activities;
negotiate and resolve sensitive, significant, and controversial issues.
• Select, train, motivate, and evaluate Finance Department personnel; provide or coordinate
staff training; work with employees to correct deficiencies and motivate staff to excel.
• Plan, direct, and coordinate the Finance Department's work plan; meet with management
staff to identify and resolve problems; assign projects and programmatic areas of
responsibility; review and evaluate work methods and procedures.
• Manage and participate in the development and administration of the Finance Department
and City budgets; direct the forecast of additional funds needed for staffing, equipment,
materials, and supplies; direct the monitoring of and approve expenditures; direct the
preparation of and implement budgetary adjustments as necessary.
• Coordinate Finance Department activities with those of other departments and outside
agencies and organizations.
Attachment A
• Provide staff assistance to the City Manager and City Council prepare and present staff
reports and other necessary correspondence.
• Conduct a variety of organizational studies, investigations, and operational studies;
recommend modifications to Finance programs, policies, and procedures as appropriate.
• Participate in the issuance of debt; ensure timely and accurate debt services payments.
• Manage the City's investments and serves as the City's Treasurer.
• Prepare financial statements in accordance with generally accepted accounting standards.
• Stay abreast of new trends and innovations in the field of municipal finance.
• Respond to and resolve difficult and sensitive inquiries and complaints.
KNOWLEDGE OF:
• Operational characteristics, services, and activities of a comprehensive finance program.
• Pertinent Federal, State and local laws, codes, and regulations.
• Organization and management practices as applied to the analysis and evaluation of
finance programs, policies, and operational needs.
• Modern and complex principles and practices of finance program development and
administration.
• Principles and practices of accounting, financial reporting, auditing and bond financing.
• Information sources and research techniques in the fields of public administration, financial
planning, accounting, annual budget, capital budget, and annual audit preparation and
procedures.
• Advanced principles and practices of municipal budget preparation and administration.
• Principles of supervision, training, and performance evaluation.
ABILITY TO:
• Provide administrative and professional leadership and direction for the Finance
Department.
• Develop, implement, and administer goals, objectives and procedures for providing effective
and efficient finance services.
• Plan, organize, direct, and coordinate the work of management, supervisory, professional,
technical, and administrative support personnel; delegate authority and responsibility.
• Select, supervise, train, and evaluate staff.
• Identify and respond to community and City Council issues, concerns, and needs.
• Analyze problems, identify alternative solutions, project consequences of proposed actions,
and implement recommendations in support of goals.
• Research, analyze, and evaluate new service delivery methods, procedures, and
techniques.
• Prepare and administer large and complex budgets; allocate limited resources in a cost
effective manner.
• Prepare clear and concise administrative and financial reports.
• Interpret and apply the policies, procedures, laws, codes, standards, and regulations
pertaining to finance programs and functions.
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• Communicate clearly and concisely, both orally and in writing.
• Establish, maintain, and foster positive and harmonious working relationships with those
contacted in the course of work.
EDUCATION AND/OR EXPERIENCE:
Any combination of experience and education that would likely provide the required knowledge
and abilities. A typical way to obtain the knowledge and abilities would be:
Education — Equivalent to a Bachelor's degree from an accredited college or university with
major course work in directly related fields such as business administration, finance, accounting
or public administration. A Master's degree is desirable.
Experience — Seven years of responsible accounting experience including two years of
management and supervisory experience.
License or Certificate — Possession of a valid California driver's license and a satisfactory
driving record. Possession of a CPA is desirable.
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to sit; use hands to
finger, handle, or feel; reach with hands and arms; and talk or hear. The employee is
occasionally required to stand and walk. The employee must frequently lift and/or move up to
10 pounds and occasionally lift and/or move up to 25 pounds. Specific vision abilities required
by this job include close vision, distance vision, color vision, peripheral vision, depth perception,
and ability to adjust focus.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee regularly works in in -door conditions and
regularly works near video display. The employee is occasionally expected to use a vehicle to
travel to different work sites and locations. The employee may work in the evenings or on
weekends. The noise level in the work environment is that of an office environment.
FLSA designation: Executive exempt
Prepared by: Human Resources
Prepared date: August 2006
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NANCY MACKLE
PROJECT MANAGER
CITY OF SAN RAFAEL
1400 5 TH AVE (PO BOX 151560)
SAN RAFAEL CA 94915
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1. The following person or organization.
Name: CITY OF SAN RAFAEL
Address: 1400 5 TH AVE (PO BOX 151560)
SAN RAFAEL CA 9:4915
TO BE COMPLETED WHEN THIS
ENDORSEMENT IS ISSUED
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ENDORSEMENT EFFECTIVE DATE
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02-08-2013
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CITY OF SAN RAFAEL
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: March 5, 2012
FROM: Anil Comelo, Human Resources Director
DEPARTMENT: Human Resources / Management Services
DATE: February 15, 2012
TITLE OF DOCUMENT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARK MOSES TO PROVIDE INTERIM
SERVICES AS A FINANCE DIRECTOR
R E C
Department Head (signature)
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(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
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;? ; 'rR ,
City Manager (signature) City Attorney (signatur )
NOT APPROVED