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Home My WebLink AboutCC AG PKT 2010-04-26 #IAGENDA STAFF REPORT DATE: April 26, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC WORKS PROJECT CONSULTANT SUMMARY OF REQUEST: The City Council adopt Resolution No. 5991 approving a professional services agreement with Vince Mastrosimone to perform the services of Public Works Project Consultant. BACKGROUND: After three years with the City, the former Director of Public Works, Vince Mastrosimone, has retired. One of his many tasks was the Fire Station Project. From conception Vince Mastrosimone was the project manager and day to day contact between all parties. In closing out the fire station project and keeping the continuity of the completion of the project the City desires to retain the services of Vince Mastrosimone to perform the services as a consultant for Public Works Projects. 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, Vince Mastrosimone will be compensated at an hourly rate of $125.00 and will be reimbursed for actual and necessary expenses incurred in the performance of his official duties for the City. This billing rate matches the hourly rate the City pays for similar service on other projects. Agenda Item Page 2 FINANCIAL IMPACT: The City agrees to pay Vince Mastrosimone at an hourly rate of $125.00 plus actual and necessary expense reimbursements. Funds have been budgeted in the FY 09/10 Capital Improvement Program from the Fire Station Project Capital Fund BG0803. RECOMMENDATION: Staff recommends that City Council approve Resolution No. 5991 authorizing the City Manager to execute the Professional Services Agreement with Vince Mastrosimone. SUBMITTED BY: Sean P. Crumby P.E. Director of Public Wo NOTED AND APPROVED BY: Cam David N. Carm ny City Manager Prepared by: Michael Ho, City Engineer Attachments: A. Resolution No. 5991 B. Professional Services Agreement RESOLUTION NUMBER 5991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND VINCE MASTROSIMONE The City Council of the City of Seal Beach hereby resolves as follows: Section 1. The City Council hereby approves the Professional Services Agreement between City of Seal Beach and Vince Mastrosimone for public works project related services. Section 2. The Council hereby directs the City Manager to execute the Professional Services Agreement with Vince Mastrosimone. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach, at a regular meeting held on the 26th day of April , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5991 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of April , 2010. City Clerk PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT CONSULTANT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 and Vince Mastrosimone 967 Thames Court San Dimas CA 91773 This Agreement ( "AGREEMENT ") is made and entered into this 27th day of April . 2010, by and between the CITY OF SEAL BEACH a charter city ( "CITY "), and VINCE MASTROSIMONE an individual ( "CONSULTANT "). RECITALS A. CITY desires to contract with CONSULTANT to perform Project Management Services as needed by the CITY. B. CONSULTANT has served as Director of Public Works prior to his retirement, and is fully familiar with proper administrative and technical aspects of the desired Services. C. CONSULTANT represents that he is a "retired annuitant" pursuant to the California Public Employee's Retirement System. AGREEMENT 1.0 DUTIES. 1.1 Performance of Services. CONSULTANT shall perform the functions and duties necessary to assist CITY in completing the Services, and other legally permissible and proper duties and functions as may be, from time to time, assigned to CONSULTANT. 1.2 Services. CONSULTANT shall assist CITY in completion of the following Services: a. Completion of the construction of Fire Station No. 48 b. Other projects designated by the CITY 1.3 Other Services. CONSULTANT agrees not to perform other services for other entities or clients while this AGREEMENT is in effect without the prior written approval of the City Manager, which shall not be unreasonably withheld. In addition, if requested, CONSULTANT shall use his best efforts to assist the CITY in locating and hiring additional consultants to assist in completion of Services. 2.0 TERM & TERMINATION. 2.1 Commencement. CONSULTANT shall commence Services on December 31, 2009. 2.2 Expiration Date. Unless extended by an amendment to this AGREEMENT or earlier terminated pursuant to §2.3, this AGREEMENT shall expire one year from the commencement date. 2.3 Termination. Either party may terminate this Agreement at any time, with or without cause, upon 14 days advance written notice to the other party. Either party may accept less notice. 2 of 5 2.4 Termination Payment. CONSULTANT shall be paid for all Services performed through the effective date of termination within 10 days of receipt by CITY of a final invoice for Services by CONSULTANT. 3.0 HOURS. CITY and CONSULTANT shall mutually determine hours of Service provided by CONSULTANT. 4.0 COMPENSATION. CITY shall pay CONSULTANT at a per hour rate of $125.00. CONSULTANT shall invoice CITY monthly for Services provided and reimbursable expenses. Alternately, CONSULTANT may invoice the CITY at the end of a project. 5.0 EXPENSES. 5.1 Expenses. CITY will reimburse CONSULTANT for actual and necessary expenses incurred in the performance of his official duties that are supported by expense receipts in accordance with AB1234 and any applicable City resolutions, rules, policies, or procedures. 6.0 BONDING. CITY shall bear the full cost of any fidelity or other bonds required of CONSULTANT by the City Manager or as required under any law or ordinance. 7.0 RESPONSIBILITY FOR CONTRIBUTIONS, PAYMENTS, OR WITHHOLDING. 7.1 CONSULTANT'S Responsibility. CONSULTANT shall be solely responsible for all contributions, payments, or withholdings 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. 7.2 CONSULTANT'S Indemnification. 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 an 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. 8.0 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, 3 of 5 represent that he is an employee of CITY, provided, however, that nothing contained in the 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. CONSULTANT is an independent contractor of CITY and is not entitled to 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. 9.0 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 10 days advance written notice. 10.0 MUTUAL INDEMNITY. 10.1 CITY Indemnification. CITY will indemnify, defend, and hold harmless CONSULTANT fFom and against any and all claims, actions, proceedings, suits, or damages, including costs and attorney's 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 CITY, its officials, officers, agents or employees. In connection with CONSULTANT'S performance of the Services, and while CONSULTANT is acting within the course and scope of this Agreement, the parties intend for CONSULTANT to be entitled to the immunities and privileges set forth in the Government Tort Claims Act (California Government Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. 10.2 CONSULTANT Indemnity. CONSULTANT will indemnify, defend, and hold harmless CITY, its elected and appointed officials, officers, agents and employees 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 negligent acts, negligent omissions or misconduct of CONSULTANT. 11.0 AMENDMENT. This Agreement may be amended only with an amendment signed by City Manager and CONSULTANT. 4 of 5 12.0 GENERAL PROVISIONS. 12.1 If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 12.2 This Agreement shall be interpreted and construed pursuant to and in accordance with the applicable laws of the State of California, the City Charter and all applicable City Codes, Ordinances, and Resolutions. IN WITNESS WHEREOF, the CITY OF SEAL BEACH has caused this AGREEMENT to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and CONSULTANT has signed and executed this Agreement, both in duplicate. CITY OF SEAL BEACH David N. Carmany, City Manager Dated: ATTEST: City Clerk CONSULTANT Vince Mastrosimone Dated: •.00 � O elm City Attorney [END OF SIGNATURES] 5 of 5 12.0 GENERAL PROVISIONS. 12.1 If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 12.2 This Agreement shall be interpreted and construed pursuant to and in accordance with the applicable laws of the State of California, the City Charter and all applicable City Codes, Ordinances, and Resolutions. IN WITNESS WHEREOF, the CITY OF SEAL BEACH has caused this AGREEMENT to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and CONSULTANT has signed and executed this Agreement, both in duplicate. CITY OF SEAL BEACH David N. Carmany, City Manager Dated: CONSU ANT Vince Mastros'mone Dated: - 4 /. Z/ /0 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney [END OF SIGNATURES] 5 of 5