5 Resolution Approving a First Amendment to the Professional Services Agreement with Gabriel A. Gonzalez and Authorizing the Interim City Manager to Execute Amendment.

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Meeting Date FEBRUARY 02, 2016

STAFF REPORT

AGENDA ITEM: Resolution Approving a First Amendment to the Professional Services Agreement with Gabriel A. Gonzalez and Authorizing the Interim City Manager to Execute Amendment.

MEETING DATE: February 2, 2016

PREPARED BY: Odi Ortiz, Interim City Manager/Finance Director

REVIEWED BY: Jose Sanchez, City Attorney

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RECOMMENDATION:

Adopt Resolution No. 2016- , authorizing the Interim City Manager to execute the first amendment to the professional services agreement with Gabriel A. Gonzalez to provide professional administrative support services.

BACKGROUND:

The Public Works Director position has been vacant since December 6, 2013. Since then, the City of Livingston has gone out for position recruitment four times. It has been a challenge attracting qualified candidates to fill this position.

A few contractual arrangements for administrative support were ended in 2015 in the public works areas. At the end of January 2015 and again at the end of December 2015, the City Manager position became vacant, creating a need for the Assistant City Manager/Finance Director to absorb additional duties in efforts to continue normal operations.

Other positions remained vacant/unfilled for some time due to budgetary constraints, therefore, increasing the need for staff to do more with fewer resources.

Due to recent transition in management position(s), there is a significant need for temporary administrative support in public works, finance/accounting and in general City management functions until such positions are addressed. This temporary support is much needed to fulfill the upcoming deadlines and priorities.

DISCUSSION:

Given the City’s needs as stated above, the Interim City Manager entered into an interim short-term professional services agreement with Mr. Gonzalez for up to $10,000 on January 19, 2016 to provide management and administrative services as described above. Mr. Gonzalez is highly qualified to provide high levels of administrative support in various areas. Mr. Gonzalez has over 20 years of diverse local government experience. His executive management experience ranges from overseeing public works, assistant city manager, finance director and over 10 years as city manager.

Mr. Gonzalez’s diverse City experience meets the requirements for temporary (6 months to 1 year) administrative support in the following areas: oversight of public works; general administrative support to interim city manager. General functions will include assistance with general operations, annual budget, contract and policy review, organizational and functional analysis.

Management is satisfied with the services provided and hereby recommends to City Council to retain Mr. Gonzalez for a term ending on June 30, 2016, with option to extend another six (6) months, at the City Manager/Interim City Manager’s discretion.

FISCAL IMPACT:

Annual cost not to exceed $135,000 or $11,250 average per month based on an hourly rate of $80 for _- 32-40 hours per week schedule. Services are to be funded by general fund, enterprise funds (water, sewer, sanitation) and other special revenues funds.

The possible cost allocation could be as follows; 20% to general fund, 25% to water and sewer, 10% to sanitation, 10% Gas Tax, and 10% to Special Districts.

Anticipated personnel cost savings from budgeted, but vacant positions such as City Manager and contract services budgeted for a public works director position should cover at least 80% of agreement cost in 2015-16. T

he 20% budget impact in 2015-16 will be captured during the mid-year budget process.

ATTACHMENTS:

1. Resolution No. 2016-

2. Interim Short-Term Professional Services Contract with Gabriel A. Gonzalez (Exhibit A)

3. First Amendment to Professional Services Agreement (Exhibit B)

1. Resolution No. 2016-

RESOLUTION NO. 2016-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER

TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND GABRIEL A. GONZALEZ

WHEREAS, the City of Livingston’s Public Works Director position has remained vacant since December 6, 2013; and

WHEREAS, the City of Livingston has not been successful in filling the Public Works Director position; and

WHEREAS, the duties of the Public Works Director have been absorbed by the City Manager, Assistant City Manager/Finance Director, and engineering consultants; and

WHEREAS, the City of Livingston is currently facing critical transitions in key management positions creating an immediate need for temporary administrative support; and

WHEREAS, Gabriel A. Gonzalez has agreed to provide proper administrative support services in the public works, finance/accounting, and in general City management functions; and

WHEREAS, Gabriel A. Gonzalez has the relevant executive management experience meeting the City’s immediate needs; and

WHEREAS, the Interim City Manager entered into a short-term Professional Services Agreement with Mr. Gonzalez on January 19, 2016, for an amount not to exceed $10,000; and

WHEREAS, Management is satisfied with Mr. Gonzalez’s services and recommends amending the agreement to retain Mr. Gonzalez for a term ending on June 30, 2016, with option to extend another six (6) months, at the City Manager/Interim City Manager’s discretion; and

WHEREAS, compensation under the amended agreement shall be at an hourly rate of $80 and the total contract amount shall not exceed $135,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts a Resolution to approve the first amendment to the Professional Services Agreement with Gabriel A. Gonzalez to provide administrative support and authorizes the Interim City Manager to execute agreement in a form approved by the City Attorney.

Passed and adopted this 2nd day of February, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 2nd day of February, 2016.

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Betty Cota, Deputy City Clerk of the City of Livingston

2. Interim Short-Term Professional Services Contract with Gabriel A. Gonzalez (Exhibit A)

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EXHIBIT A SCOPE OF SERVICES

After the commencement date, Professional shall perform the following services:

1. Management and oversight of City’s Public Works Department;

2. Provide general administrative support functions to City Manager and City Management staff;

3. Review service contracts;

4. Assist with budget development and financial forecast;

5. Perform review of organizational structure;

6. Provide recommendations for organizational development;

7. Review and provide recommendations for operational efficiencies;

8. Perform other administrative functions as requested by the City Manager.

3. First Amendment to Professional Services Agreement (Exhibit B)

 

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