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Home My WebLink AboutPR 19218: AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES, JERRY DALE, FINANCE DEPARTMENT DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM CITY MANAGER Energy -A COUNCIL MEMBERS: City of City SHERRI BELLARD,TMRC RAYMOND SCOTT �; ) CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT VALECIA TIZENO STEPHEN A.MOSELY 0 /•/ r t h u r CITY ATTORNEY WILLIE`BAE"LEWIS,JR. OSMAN SWATI Texas DERRICK FREEMAN Date: December 4. 2015 To: Mayor and Council From: Brian McDougal, City Manager RE: Jerry W. Dale, Contract Nature of the request: In July 2015, the City Finance Director resigned. Council then approved a contract with Strategic Government Solutions (SGR) in late July, 2015 for Mr. Dale which was for a 6 month term. This request is a request for approval of a contract with Mr. Dale directly as a contractor beginning at the end of our contract with SGR. Staff Analysis, Considerations: Mr. Dale has 40+ years of accounting experience with 20+ years of it in municipal accounting (see attached resume). He has also, guided the finance department in the past 6 months through the entire budget process, and now finishing up our 2014 Annual Audit. Next he and the finance department will be working to finish our 2015 Annual Audit by March 31, 2016 on time. While that is occurring, he and the staff will have to work with our forensic audit staff on the first departments that were requested in the citizen petition. It is very important to be sure that some consistency occurs within the finance department. The staff has responded very well to Mr. Dale's leadership and he and the senior staff of the City have enjoyed working closely with him as well. I have the utmost confidence in Jerry and am very pleased with the direction of the department. P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089•409/983-8101 •www.portarthur.net Recommendation: Approval of the enclosed contract for Mr. Dale. The Contract is for one year with an option to renew for one additional year. The hourly rate will be $65 per hour with a maximum of 40 hours per week with overtime only being approved by the City Manager. Budget Considerations: Funds for this position will be from the salary budgeted in the Finance Department for the Finance Director's salary. P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089•409/983-8101 www.portarthur.net P.R.NO 19218 12/4/15 lw RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND JERRY DALE TO PROVIDE TEMPORARY CONTRACT SERVICES FOR THE CITY'S FINANCE DEPARTMENT WHEREAS, there has been a vacancy for the Finance Director position of City; and WHEREAS, the City in order to effectively continue City Finance projects during the process to fill the referenced vacancy recommends contracting with Mr. Dale, as Interim Finance Director; and WHEREAS, the City Council deems Mr. Dale to possess the necessary professional, technical, and institutional knowledge, as well as required professional licensure, to ensure the effective execution of City projects to its citizens at a rate of$65.00/hour and shall not exceed 40 hours per week without prior approval of the City manager; and, now therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute a one (1) year Agreement with Jerry Dale,to serve as Interim Finance Director effective January 22,2016 with an option to renew for an additional year in substantially the same form as the attached Exhibit"A". Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. P.R. 19218 Iw Page 2 READ, ADOPTED, AND APPROVED,this ,day of , 2015 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: • Councilmembers: • • • NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorne APPROVED FOR ADMINISTRATION: Brian McDougal City Manager EXHIBIT A AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Jerry Dale, Finance Director, hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION That this Agreement shall be for a twelve (12) month period beginning December 15, 2015 and shall remain in effect until January 22, 2016, with an option to renew for one additional year. Either party may terminate this Agreement upon thirty (30) days written notice. If the City terminates this agreement with or without cause, the contractor shall be compensated for three (3) months of regular pay (except for malfeasance of office or fraud). It is understood and agreed that if Contractor is incapable of performing the services described herein; all rights to further compensation under this Agreement are to be invalid. II. PROFESSIONAL SERVICES TO BE PERFORMED Contractor shall perform the duties of Finance Director. The Contractor shall comply with the ethical and professional code of the profession and the policies of the City of Port Arthur. (See scope of work and specific duties attached hereto). III. COMPENSATION Compensation shall be at $65.00 per hour. Appropriate work related expenses, (training, conferences, etc), computer and facility access, as necessary for the effective performance of the required job duties, may be provided and/or reimbursed as determined appropriate by the City Manager. The Contractor shall safeguard all records, and maintain confidentiality of records and information encountered in the course and scope of his job duties. The hours of work shall be mutually agreed upon by the City Manager of the City of Port Arthur and Jerry Dale, Finance Director, and shall not exceed 40 hours per week unless approved by the City Manager. Mr. Dale will be considered an independent contractor for the City. IV. OTHER BENEFITS That all benefits resultant from this contract are delineated herein, and no other benefits promised by any City officer shall be binding on the City. Although, Mr. Dale will be compensated for vacation, sick leave and holidays, he will be allowed to take time off from time-to-time as approved by the City Manager. V. INDEMNITY It is understood and agreed that Contractor is independent contractor. The CITY hereby agrees to indemnify CONTRACTOR, to the extent permitted by law or the extent to which such coverage is available to CITY employees and officials, against any liability, claim, cause of action, damage, personal injury or death rising out of or in connection with the services performed or to be performed by CONTRACTOR pursuant to this Agreement when CONTRACTOR is acting within the scope of his employment. VI. PROFESSIONAL LIABILITY INSURANCE The City will provide legal services or pay an judgment rendered against Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein unless it is determined that said performance was the result of malfeasance or negligence. VII. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. SIGNED AND AGREED TO on the day of December, 2015. CONTRACTOR Jerry Dale CITY OF PORT ARTHUR Brian McDougal, City Manager s.pr19022_exhibit Personal Resume Jerry W. Dale Certified Public Accountant Certified Government Finance Officer 11815 Cypresswood Dr. Houston,Texas 77070 (956) 536-6983 Jwdale47@gmail.com Objective: Utilization of my education and experience to enhance the financial management of a well- organized and positioned public or private sector entity. EXPERIENCE For the last twenty-two (22) years, I have been employed in the capacities of chief financial officer/finance director/administrative business manager for local government. The previous twenty (20) years were spent in the private sector, beginning with one of the original "Big 8" international CPA firms, PMM&Co. and included two (2) Fortune 500 Companies, as well as CFO positions with small-to- medium-sized companies. Regional Mobility Authority& Municipal Government Experience Employment History 7/2013—12/31/2014 Hidalgo County Reporting to: Pilar Rodriguez, Executive Director Regional Mobility Authority Chief Financial Officer/Investment Officer Contract Amount--$57,000 per year+travel expenses+ professional licenses/membership dues Contract Time—500 hours per year, working remotely 4/1997—3/31/2014 City of McAllen Reporting to: Mike R. Perez, City Manager Finance Director/Investment Officer Salary (Beginning and Ending) --$72,000-$131,000 5/1992—4/1997 City of Harlingen/Harlingen Waterworks System 5/1992—5/1995 City of Harlingen Reporting to: Mike R. Perez, City Manager 1/1995-4/1997 Harlingen Waterworks System Reporting to: Cloice Whitley, General Manager Finance Director/Administrative Business Manager/Investment Officer Salary (Beginning and Ending) --$41,700-$67,000 Perceived Strengths Financial Management Strategic Planning Personal Resume Jerry W. Dale, CPA/CGFO Page 1 of 4 Accounting, Auditing and Financial Planning – Comprehensive Annual Financial Report (CAFR) at City of McAllen was prepared in-house; familiar with Governmental GAAP, including GASB Pronouncements. CAFRs may be viewed on City of McAllen website, www.mcallen.net. Property Tax, knowledgeable of Property Tax Code Cash Management Debt Management, including the development and execution of bond rating presentations and effective in assisting in credit upgrades Retirement Benefits, knowledgeable of the TMRS Plans Communication—effective in both written and oral (presentations of City Finances to the City Commission on December 8, 2008 video can be viewed on City of McAllen's website, www.mcallen.net. Relationship Building and Maintenance Relations with Elected Officials, City Manager, Peers and Staff Integrity,Trustworthy and Loyal Service to Municipal Government Finance Profession Government Finance Officers Association – Budget Reviewer for Distinguished Budget Presentation Award Member--TexPool Advisory Board of Directors–Appointed October 1, 2015 Government Finance Officers Association of Texas Past President–2004-05 President-Elect–2003-04 Board Member–2001-03 Regional Director–1997-2003 GFOA Representative–2005-07 Texas Municipal League–Member–Legislative Policy Committee on Revenue &Taxation Texas Municipal Retirement System–Task Force Committee–2006 Legislative Budget Board–2007 and 2009 City of McAllen Firemens' Pension Board of Directors Texas City Managers' Association–Presenter @ Regional and State Level–GASB 34 Presented Testimony to State Legislative Committees Professional Affiliations Government Finance Officers Association of US and Canada Government Finance Officers Assn of TX American Institute of Certified Public Accounts Private Sector Experience Employment History 1990-92 H&H Foods Reporting directly to: Congressman Ruben E. Hinojosa, CEO Mercedes,Texas Vice-President-Finance Salary (Beginning and Ending) $50,000-- $52,500 1987-1990 Consultant Clients included Palmco, Inc. and related companies as well as H&H Foods Personal Resume Jerry W. Dale, CPA/CGFO Page 2 of 4 1984-1987 H&H Foods Reporting directly to: Congressman Ruben E. Hinojosa, CEO Mercedes,Texas Controller Salary(Beginning and Ending) $40,000--$47,500 1982-1984 Varmicon Ind., Inc. Reporting directly to: J.R. Cocke, Chief Executive Officer Harlingen, Texas Vice-President-Finance/Secretary-Treasurer Salary(Beginning and Ending) $42,500 plus 1%of corporate profit plus many perqs, car, expenses, etc. (Note: Sold the company to Barrett Industries of San Antonio in 1984) 1979-1982 Gorges Meats, Inc. Reporting directly to: Matt F. Gorges Harlingen, Texas Director of Finance &Controller Member of Board of Directors Salary(Beginning and Ending) $23,000-$35,000 plus many perqs, car, expenses, etc 1976-1979 National Steel Corp Reporting directly to: Frank Coyle, Director of Internal Audit Pittsburg, PA. Senior Internal Auditor Salary(Beginnng and Ending) $18,000-$23,500 1973—1976 Temple Ind., Inc. Reporting directly to: Roy Spradley, Director of Internal Audit 100%Owned Subsidiary of Time, Inc. Diboll,Texas Internal Auditor Salary (Beginning and Ending) $12,000-$13,500 1973-1973 Straus-Frank Company Reporting directly to: Ben Whittington, Subsidiary President San Antonio,Texas Internal Auditor Salary(Beginning and Ending) $11,000 plus car and expenses 1972-1973 Peat, Marwick, Mitchell &Co., CPAs (currently KPMG) San Antonio,Texas Audit and Tax Staff Salary (Beginning and Ending) $9,000 EDUCATION May 1972 BBA—Accounting Stephen F. Austin State University Nacogdoches, Texas President of University Accounting Club Personal Resume Jerry W. Dale, CPA/CGFO Page 3 of 4 Jerry W. Dale, CPA/CGFO Resume—Listing of References 2015 From those reporting to me Ms.Angie Rodriguez, Deputy Budget Director 956.681.1078 arodriguez@mcallen.net Ms.Susan Lozano, Deputy Finance Director 956.681.1081 slozano@mcallen.net Ms.Sonia Martinez,Administrative Assistant 956.681.1060 smartinez@mcallen.net From those I report(ed)to Mr. Pilar Rodriguez, P.E. Executive Director 956.638.6335 prodriguez@hcrma.net Mr. Mike R. Perez, Former City Manager 956.778.3111 mikerperez@outlook.com Mr. Brent Branham, Former Deputy City Manager 956.793.6195 abrentbranham@gmail.com Hidalgo County Regional Mobility Authority/City of McAllen 1300 Houston P.O. Box 220 McAllen,Texas 78505-0220 Including Elected Official Former Honorable Mayor Richard Cortez 956.618-2300 rcortez@bmctexas.com Burton, McCumber&Cortez 205 Pecan Blvd. McAllen,Texas 78501 And,related profession(als)/organizations Mr.Santos Fraga, CPA—Partner-in-Charge 210.828.6281 santos.fragappadgett-cpa.com (Padgett,Stratemann &Co., City's Auditor) 210.771.2555-M 100 N. E. Loop 410 Suite 1100 San Antonio,Texas 78216 Mr. Bennett Sandlin, Executive Director 512.231.7400 Bennett@tml.org Texas Municipal League (TML) 1821 Rutherford Lane Suite 400 Austin,Texas 78754 Ms.Anne Burger Entrekin, Managing Director 210.308.2200 Anne.BurgerEntrekin@firstsw.com First Southwest Company,City's Financial Advisor 70 Northeast Loop 410 Suite 710 San Antonio,Texas 78216 Mr. Peter Tart,Attorney—Partner 214.754.9200 ptart@mphlegal.com DDMcCall, Parkhurst& Horton, LLP,City's Bond Counsel 717 North Harwood,9th Floor Dallas,Texas 75201-6587 Mr. Patrick Shinkle 940.369.7950 patrick.shinkle@unt.edu Associate Director University of North Texas- Center for Public Management 1155 Union Circle#305129 Denton,Texas 76203-5017 Jerry W. Dale, CPA/CGFO, Resume—Listing of References 2015—cont'd Members of the Board of Directors—Hidalgo County Regional Mobility Authority Mr.Josue Reyes,Vice-Chair josue.reyes@skanska.com Mr. Ricardo Perez,Secretary/Treasurer rperez@riobk.com Mr. R. David Guerra, Member/Finance Committee david guerra@iboc.com Mr. Forrest Runnels, Member/Finance Committee frunnels@eia.com Executive Director Mr. Pilar Rodriguez, P.E. Executive Director 956.638.6335 prodriguez@hcrma.net City of McAllen—Current Mr.James"Jim" Darling, Mayor J.Darling@dhr-rgv.com Mr. Roel"Roy" Rodriguez, P.E. City Manager roel rodriguez@mcallen.net Mr.Tony Aguirre, Chair—Audit Committee 956.867.0035 taguirreconsulting@me.com - I ' I i C CO N N U p N 0 0 ) V) 0 a 0N NN 00 m iii U) p 3 �* m irii Hi i 21 0 3 Ce 4.4 (A d U L 3 m ,n al N r U .f) 0 O m m 06 O ‘.0 � HI 11io r°,1 L O V U 1.0 0) t"I L L ' U N i0 YLL Q1 Ql u l a--I lO 1.0 (.0 Q C ri Ur In N (Ni' o LL o of li Nll a , N L cu N LL LLC • C 4' a O in U = ii u in .a-1 m c— m m 0 } N 0 ct cr O 1L a-i N N N l - Na-iII a) N > a) (a U a) = J O Y Y N U v cc +-' �-' a) O0 o ) E '7 — U E N co u 6 i 3 (a Q (tea > _ +—(a' 2 E -o >- H O co v m \ 0 C O CL Q 'i3 i N L . .- a) C Y tr- 0 -VTno a) iii l6 aJco �`+ @) O a) to a) O (n m H in J 2 J Z Z