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Home My WebLink AboutCC AG PKT 2007-09-24 #J e e e AGENDA REPORT DATE: September 24, 2007 TO: Honorable Mayor and Members of the City Council THRU: David N. Cannany, City Manager FROM: June Yotsuya, Assistant City Manager SUBJECT: Approval of Professional Services Contract for Interim Director of Public Works SUMMARY OF REQUEST: City Council to approve a professional services agreement with Vince Mastrosimone to perform the services of Interim Director of Public Works until such time the City appoints a new Director of Public Works. DISCUSSION: The City is currently in recruitment to fill its vacant Director of Public Works position. In the interim, the City desires to retain the services of Vince Mastrosimone. A retired Director of Public Works, Mr. Mastrosimone has many years of experience in this area and is well suited to serve as the City's Interim Director of Public Works. Municipal Code Section 3.20.025 (C) "Purchases Exempt from Bidding Requirements" exempts professional services from the City's normal bidding requirements. Per the attached agreement, Mr. Mastrosimone will be compensated at an hourly rate of $75.00 and will be reimbursed for actual and necessary expenses incurred in the performance of his official duties for the City. He will be working with the City Manager to plan, manage and oversee the functions of the Public Works Department including engineering services, street and sewer maintenance operations and ~each maintenance activities. FINANCIAL IMPACT: The City agrees to pay Mr. Mastrosimone at an hourly rate of $75.00 plus actual and necessary expense reimbursements. Funding is available in Adopted FY 2007/08 City Budget, Public Works Full-Time Salaries Account 001-042-40001 to cover these expenses. Agenda Item .:r e September 24, 2007 City Council Agenda Report-Professional Services Agreement for Interim Director of Public Works Page 2 RECOMMENDATION: Staff recommends that City Council approve the attached Resolution Number authorizing the City Manager to execute the Professional Services Agreement with Vince Mastrosimone. Submitted by: ~7' J e Yo Assistant City Manager NOTED AND APPROVED: e ~ .~ l David N. Carman , City Manager Attachment: Professional Services Agreement Resolution Authorizing Approval e e e e PROFESSIONAL SERVICES AGREEMENT FOR DIRECTOR OF PUBLIC WORKS SERVICES THIS Agreement ("AGREEMENT") is entered into September 5, 2007, by and between the City of Seal Beach ("CITY") and Vince Mastrosimone ("CONSULT ANr'). RECITALS A. CITY desires to contract with CONSULTANT to perform the services of Interim Director of Public Works until such time the CITY appoints a Director of Public Works. B. CONSULT ANT represents that he is qualified to perform the duties and responsibilities of Interim Director of Public Works. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. CONSULT ANT shall perform the functions and duties of the Director of Public Works as specified in the Seal Beach City Charter and other legally permissible and proper duties and functions as may be, from time to time, assigned to CONSULTANT (collectively "Services"). The CITY recognizes and understands that CONSULTANT is not an engineer and will not provide engineering services. CONSULTANT agrees not to perform services for other entities while this AGREEMENT is in effect without the prior written approval of the Seal Beach City Council. In addition, if requested, CONSULTANT shall use his best efforts to assist the CITY in locating and hiring a qualified Director of Public Works. 2. Hours. CITY and the CONSULTANT shall mutually determine the hours of service provided by CONSULTANT. 3. Commencement and Termination. CONSULTANT shall commence the Services on September 5, 2007. The CITY may terminate this AGREEMENT at any time, with or without cause or advance notice. CONSULTANT may terminate this AGREEMENT at any time, with or without cause upon ten days prior written notice to CITY. CONSULTANT shall be paid for all Services performed through the effective date of termination. 4. Comoensation. CITY shall pay CONSULTANT at a per hour rate of $75.00. CONSULTANT shall invoice the CITY monthly for services provided and reimbursable expenses. 5. Exoenses. CITY shall reimburse CONSULTANT for actual and necessary expenses incurred in the performance of his official duties that are supported by expense receipts in accordance with AS 1234 and any applicable City ordinances, resolutions, rules, policies or procedures. PSA Interim public works director (2) Page 1013 e 6. CONSULTANT'S Responsibilitv for Contributions. Pavments. or Withholdina. CONSULTANT shall be solely responsible for all contributions, payments, or with holdings normally made on behalf of an employee including but not limited to, state and federal income taxes, federal social security contributions, California State disability insurance taxes, and unemployment insurance contributions. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this AGREEMENT, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this AGREEMENT. CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CONSULTANT shall be considered an independent contractor of CITY and shall not be entitled to the benefits provided by CITY to its employees, including but not limited to workers' compensation insurance, health/medical insurance, dental insurance, life insurance, deferred compensation, disability insurance, unemployment insurance, retirement contribution, sick leave, vacation leave or similar benefits. e 7. Relationship Between the Parties. CONSULTANT is, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY. CONSULTANT may act as an agent of CITY only to the extent necessary to perform the duties and obligations required herein. Neither CITY nor any of its agents shall have control over the means of service or means of production of CONSULTANT. CONSULTANT shall not, at any time, or in any manner, represent that he/she is an employee of CITY, provided, however, that nothing contained in this provision shall be construed or interpreted so as to deprive CONSULTANT of any and all defenses or immunities available to public officials acting in their official capacities. B. Insurance. CONSULTANT shall procure and maintain in effect a policy of automobile insurance for use of his private vehicle. Such insurance shall not be subject to cancellation, modification or lapse without CITY first receiving ten days advance written notice. 9. Mutuallndemnitv. A. CITY agrees to indemnify, defend, and hold harmless CONSULTANT from and against any and all claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm arise out of or is in any way caused by the acts, omissions, negligence or misconduct of CITY, its officials, officers, agents or other CONSULTANTS. e PSA Inlerim publiC works director (2) Page 2 of 3 e B. CONSULTANT agrees to indemnify, defend, and hold harmless CITY, its elected and appointed officials, officers, agents and CONSULTANTS against any claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm arises out of or is in any way caused by the acts, omissions, negligence or misconduct of CONSULTANT, its officers, agents or CONSULTANTS. C. The provisions of this Mutual Indemnity Clause (Section 9) shall survive the termination or expiration of this AGREEMENT. 10. This AGREEMENT shall constitute the entire AGREEMENT between the parties. IN WITNESS WHEREOF the parties have executed this AGREEMENT as of the day and year first above written. CITY By: ~ ..-.,,,.- J David Carmany City Manager e ATTEST: Linda Devine, City Clerk APPROVED AS TO FORM: 2/11. ~~ Quinn Barrow, City Attorney e PSA Interim public works director (2) Page 3 of 3 e RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RATIFYING THE PROFESSIONAL SERVICES AGREEMEl~T BETWEEN THE CITY OF SEAL BEACH AND VINCE MASTROSIMONE FOR SERVICES AS ll'iTElUM DIRECTOR OF PUBLIC WORKS The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby ratifies the Professional Services Agreement between the City of S.al Beach and Vince Mastrosimon. for services as Interim Director of Public Works. SECTION 2. Th. Council hereby directs the City Manager to execute the Professional Services Agreement with Mr. Vince Mastrosimone. PASSED, APPROVED AND ADOPTED by the City Council of Soal Beach, at a meeting hereof held on the 24th day of S..",mber. 2007 by the following vote: e AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BEACH I I, Unda Devine, City Cl.rk for the City of Seal Beach, California, do hereby certify that the foregoing resolutions is the original copy of Resolution Number_ on file in the offic. of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting hereof held on the 24th day of S",,'..mhP-T . 20Cf1. City Clerk e