CITY OF CARMEL-BY-THE-SEA

Council Report
January 6, 2014
To:

Honorable Mayor, Members of the City Council

Douglas J. Schmitz, City Administrator

From:

Sullivan Carey-Lang, Special Projects Manager

Subject:

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing the Mayor to Execute an Agreement for City

Treasurer Services
RECOMMENDATION(S):
By motion of Consent Calendar, Adopt Resolution Authorizing the Mayor to Execution
the Agreement for City Treasurer Services
EXECUTIVE SUMMARY:
The City Treasurer is charged with reviewing bank statements, managing City
investments, and providing monthly Investment Reports to the City Council, City
Administrator, and Staff.

ANALYSIS/DISCUSSION:
Per Municipal Code Section 2.08.060, the City Treasurer is charged with Assisting the
City Administrator in administering the affairs of the City efficiently, economically, and
harmoniously. The proposed agreement calls for a monthly stipend of $200, the same as
was paid to the previous City Treasurer.
FISCAL IMPACT:
The monthly stipend of $200 will be unchanged.
Budgeted (Yes/No)
Yes

Funding Source (General Fund, Grant,

State)
General Fund

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

Resolution 2012-029 authorized the agreement with the previous City Treasurer
ATTACHMENTS:
1. Resolution
2. City Treasurer Contract

City Council Meeting of January 5, 2015

Page 129

Agenda Item: 7.G

Page 1

APPROVED:

Agenda Item: 7.G

Page 2

City Council Meeting of January 5, 2015

Page 130

RESOLUTION 2015A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CITY TREASURER
SERVICES
WHEREAS, the Citys Municipal Code Section 2.08.060 requires that the City
Council appoint the City Treasurer; and
WHEREAS, the City was in need of a new City Treasurer to provide necessary
financial duties on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA DOES:
Execute the Agreement for City Treasurer Services and Authorize the Mayor to
Sign the Agreement
PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 5th day of January, 2015, by the following roll call votes:

AYES:

COUNCIL MEMBERS:

NOES:

COUNCIL MEMBERS:

ABSENT:

COUNCIL MEMBERS:

SIGNED:

_______________________
Jason Burnett, Mayor

City Council Meeting of January 5, 2015

Page 131

ATTEST:

___________________________
Lori Frontella, MMC
Interim City Clerk

Agenda Item: 7.G

Page 3

AGREEMENT FOR CITY TREASURER SERVICES

This AGREEMENT is made and entered into this _______ day of _________________,
2015, between DAVID SANDYS (hereinafter CONSULTANT), and the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation of the State of California (hereinafter
CITY).
WITNESSETH
WHEREAS, the California Government Code Section 41001 et seq. requires
certain duties of the office of the City Treasurer; and
WHEREAS, the City of Carmel-by-the-Sea Municipal Code Section 2.52.090
requires that the City Council appoint the City Treasurer; and
WHEREAS, CITY desires to retain the services of a qualified financial consultant to
serve as City Treasurer; and
WHEREAS, CONSULTANT represents that he is qualified to perform the services
under this Agreement.
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
1.

SCOPE OF SERVICES

CONSULTANT shall perform all of the necessary services and prepare such
reports and plans as described as Scope of Services set forth in Exhibit A attached
hereto and incorporated herein by this reference.
Said services and all duties incidental or necessary thereto shall be performed
diligently and competently and in accordance with professional standards of performance.
2.

COMPENSATION

A.
CITY shall pay CONSULTANT for services the sum of $200.00 per month.
Payment will be made by the 10th of each month.
B.
CITY shall compensate CONSULTANT for additional services above the
established City Treasurer duties. These duties include, but are not limited to, financial
management oversight and budget development.
C.
CITY will compensate CONSULTANT for actual out-of-pocket expenses
incurred by CONSULTANT in connection with services performed in accordance with the
following schedule:
a. Incurred Expenses by an amount equal to actual incurred expenses.

City Council Meeting of January 5, 2015

Page 132

Agenda Item: 7.G

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b. Automobile Mileage at the current rate allowed by the Internal

Revenue Service.
c. Photocopies at the rate of $.10 per page for each
Incurred expenses include, but are not limited to, authorized travel by common
carrier, long distance telephone calls, commercial reproductions, shipping and messenger
services, and other similar expenses. Incurred expenses do not include normal overhead
expenses.
3.

TERM OF AGREEMENT

The term of this Agreement is from ________________ 2014, to

________________ 20____, subject to annual review agreeable to both CITY and
CONSULTANT.
4.

OWNERSHIP OF WORK PRODUCT

A.
Ownership of any reports, data, memoranda, and any other documents
which are developed, compiled, or produced as a result of this Agreement, whether or not
completed, shall vest with CITY.
B.
Upon termination of services for whatever reason CONSULTANT shall
promptly return to CITY all documents and other tangible (including electronic)
manifestations of Confidential Information as including all copies and reproductions
thereof. In addition, CONSULTANT shall return any other property belonging to CITY
including, without limitation, office supplies and documents.
5.

Confidentiality

CONSULTANT acknowledges that h/she may have access to CITYS confidential

and proprietary information. Such confidential Information may include, without limitation:
A. Business and financial information;
B. Business methods and practices;
C. Technologies and technological strategies;
D. Market strategies; and
E. Other such information as CITY may designate as Confidential Information
CONSULTANT agrees to not disclose to any other person or agency (unless
required by law) or use for personal gain any Confidential Information at any time during
or after the Agreement term, unless CITY grants express, written consent to such
City Council Meeting of January 5, 2015
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Agenda Item: 7.G

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disclosure. In addition, CONSULTANT will use his/her best efforts to prevent any such
disclosure. Confidential Information will not include information that is in the public
domain, unless such information falls into public domain through CONSULTANTS
unauthorized actions.
6.

SUSPENSION/TERMIATION OF AGREEMENT

The right is reserved by the CITY or CONSULTANT to terminate or suspend this

Agreement with or without cause at any time by giving thirty (30) days written notice to the
other party. In that event, all finished or unfinished documents, reports, or other material
prepared by CONSULTANT pursuant to this Agreement shall be delivered to CITY; and
CONSULTANT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on the project prior to the date of suspension or termination.
7.

ASSIGNMENT

This Agreement may not be assigned or otherwise transferred by either party

hereto without the prior written consent of the other party.
8.

NON-DISCRIMINATION/AFFIRMATIVE ACTION

CONSULTANT will not discriminate against any employee or applicant for

employment because fo race, creed, color, sex, age, national origin, marital status,
physical or other motor handicap, unless based upon bonafide occupational
disqualification. CONSULTANT will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
creed, color, sex, age, national origin, marital status, physical or other motor handicap.
9.

CITY TREASURER BOND

In compliance with CITYS Municipal Code Section 2.16.010, a bond will be issued
insuring the faithful performance of the duties of the City Treasurer. CITY will bear the
cost of the $100,000.00 City Treasurer bond.
10.

INDEPENDENT CONTRACTOR

CONSULTANT is, and shall be at all times during the term of this Agreement, an
independent contractor.
11. CONFLICTS OF INTEREST
CONSULTANT is, and shall be at all times during the term of this Agreement, an
independent contractor.

City Council Meeting of January 5, 2015

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Agenda Item: 7.G

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12. STATEMENT OF ECONOMIC INTEREST

If CITY determines CONSULTANT comes within the definition of CONSULTANT
under the Political Reform Act (Government Code Section 87100 et seq.) CONSULTANT
shall complete and file and shall require any other person doing work under this
Agreement to complete and file a Statement of Economic Interest with CITY disclosing
CONSULTANTS and/or such other persons financial interests.
13. NOTICES
All notice to be given to the parties hereunder shall be addressed as follows (until
notice of a different address is given to the parties):
CITY:

City Administrator
City of Carmel-By-The-Sea
P.O. Box CC
Carmel-By-The-Sea, CA 93921

CONSULTANT:

______________________________
______________________________
______________________________

Any and all notices or other communications required or permitted relative to this
Agreement shall be in writing and shall be deemed duly served and given when
personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is
directed; or in lieu of such personal service, when deposited in the United States mail,
first class, postage prepaid, addressed to CONSULTANT or to the CITY at the address
set forth above.
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided for in the
preceding paragraph.
14. ATTORNEYS FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other, (formal
judicial proceeding, mediation or arbitration), the case shall be handled in Monterey
County, California, and the party prevailing in such action shall be entitled to a reasonable
attorneys fee which shall be fixed by the judge, mediator or arbitrator hearing the case
and such fee shall be included in the judgment, together with all costs.
15. AGREEMENT COTNAINS ALL UNDERSTANDINGS
This document represents the entire and integrated Agreement between the CITY
and CONSULTANT, and supersedes all prior negotiations, representations and
agreements, either written or oral.
City Council Meeting of January 5, 2015
Page 135

Agenda Item: 7.G

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16. GOVERNING LAW

This Agreement shall be governed by the laws of the State of California.
17. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction the
remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first hereinabove written.

CITY
By:

_____________________________
Jason Burnett, Mayor
CONSULTANT

Attest:

By: _____________________________

_______________________________________

Lori Frontella, Interim City Clerk

City Council Meeting of January 5, 2015

Page 136

Agenda Item: 7.G

Page 8

Exhibit A
AGREEMENT FOR CITY TREASURER SERVICES
SCOPE OF SERVICES

Review monthly bank statements and bank reconciliations on a monthly basis

Manage City investments according to the Citys adopted Investment Policy and
Guidelines after consultation with the City Administrator.
Provide the City Council and City Administrator with a monthly Investment Report by the
15th of each month.
On an annual basis, review and provide a financial statement of each institution in which
the City invests.
Secure a written pledge of collateral from investment agencies on each City Certificate of
Deposit.
Review the annual budget and budget resolutions.
Provide original bank statements and cancelled checks for auditors as requested.
Report monthly, in writing, to the City Council all receipts, disbursements and transfers for
the preceding month.
Assist the City Administrator in administering the affairs of the City efficiently,
economically, and harmoniously.

City Council Meeting of January 5, 2015

Page 137

Agenda Item: 7.G

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