HomeMy WebLinkAboutG- 7 Agreement Contract Employee Services AGREEMENT FOR CONTRACT EMPLOYEE SERVICES
SUPERINTENDENT OF PUBLIC WORKS
THIS AGREEMENT, made and entered into 18th day of March 2003, by and between the
City of Azusa, a municipal corporation, hereinafter referred to as "City" and Mike Lorusso,
hereinafter referred to as "Employee".
SECTION I Recitals
The public interest, convenience and necessity compel the City to secure the services of a
contract employee for the purpose of performing professional and technical work to oversee the
Facilities Division and retrofit of various City buildings in the Public Works Department.
City and Employee therefore agree as follows:
SECTION II Scope of Services
Employee shall act in the capacity of a contract City employee with the following duties and
responsibilities:
1. Manage the day-to-day operation of the City’s Facilities Division, supervise personnel,
customer interface, and oversee contract services.
2. Develop bid packages and other documents to satisfy all City purchasing procedures and
requirements for Public Works Projects.
3. Perform as on site liaison between contractors / subcontractors performing said work and the
City of Azusa. Additionally act as liaison with all affected City departments.
4. Administer contracts with contractors, document work performed, and process payments
through appropriate channels.
5. Perform other duties, including, but not limited to (A) Women’s Club building – phase II of
specification development (kitchen and storage design if sufficient funds available after
HVAC, mechanical, electrical, and structural concerns are addressed) (B) City Yard
improvement projects - phase II (interior redesign of Light Bldg) (C) Memorial Park
building improvements (monitor large scale CIP project as well as monitor individual
projects outside of CIP scope of work ( (D) Complete an a complete analysis of the Health
Clinic to include CIP long term planning projects as well as identify annual maintenance
costs.
SECTION III Compensation
The Employee's base salary for the services designed in Section II - Scope of Services, shall
be $6,118 per month.
The Employee’s compensation shall be paid through the City’s payroll system.
The Employee shall have the option of working a “flex-time” schedule or accumulating and
using “comp-time” in situations where the job necessitates or that it would be more productive
working during non-standard hours.
The Employee shall be entitled to City paid PERS contribution at the established City’s
Miscellaneous Employee rate as assigned by PERS.
The foregoing benefits shall be in accordance with established City policies effective during
the term of the agreement.
SECTION IV Office Support and Business Expenses
The City shall provide all necessary clerical and office assistance to Employee for the
performance of his work under this Agreement. Adequate office space and resources shall be made
available to Employee.
SECTION V Interest of Employee
Employee covenants that he presently has no interests and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with performance of the service
contemplated by this Agreement. No person having such interest shall be employed by or associated
with the Employee. Employee further agrees not to perform any outside services as permitted in
Section VI - Outside Employment, for any firm or entity located or doing business within the City or
which has a branch subsidiary or is otherwise associated with any firm or entity located in or doing
business with the City. Moreover, during the term of this Agreement, Employee covenants and
agrees to abide by all City rules, regulations and policies, which apply to other City employees.
SECTION VI Outside Employment
Employee is employed by the City hereunder on a full-time basis. A regular employee may
engage in employment outside that of the City by receiving prior written approval from the Director
of Utilities or designee attesting that such employment does not:
Interfere with performance of employee's job;
Constitute a conflict of interest with the City;
Create an unfavorable City image.
SECTION VII Findings, Confidential ownership Reports, Information, Etc.
All reports, information, data and exhibits prepared or assembled by Employee in connection
with the performance of his services pursuant to this Agreement are confidential and the Employee
agrees that they shall not be made available to any individual or organization without prior consent
of the City. All such reports, information, data and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional cost or expense to the City.
SECTION VIII Term
This contract shall commence on March 26, 2003, and shall remain and continue in effect
through June 30, 2003, unless terminated as hereinafter provided.
SECTION IX Contract Extension and Termination
Upon approval by the Director of Public Works, this contract may be extended on terms and
conditions mutually acceptable to the City and Employee. Employee shall not terminate this
Agreement, but for cause.
SECTION X Notices
Any notices required to be given hereunder shall be in writing with copies as directed herein
and shall be personally served or given by mail. Any notice given by mail shall be deemed given
when deposited in the United States Mail, certified and postage prepaid, address to the person to be
served as follows:
To City: Bill Nakasone, Director of Public Works
City of Azusa
213 E. Foothill Blvd.
Azusa, California 91702
To Employee: Mike Lorusso
8624 E. Rio Dell
Rosemead, CA 91770
SECTION XI Attorney's Fees
In the event that either party hereto fails to comply with any of the terms of this Agreement to
be complied with on its part and the other party commences legal proceedings to enforce any of the
terms of this Agreement or to terminate this Agreement, the prevailing party in any suit shall receive
from the other a reasonable sum for attorney's fees and costs as may be established by the Court.
SECTION XII Assignment, Subcontracts
Employee shall not subcontract, assign, or otherwise transfer his rights and obligations under
this Agreement without prior written consent of the Director of Utilities or designee. Any such
subcontract or assignment without such consent shall be void and shall, at the option of the City,
terminate this Agreement. City may employ additional employees or consultants as it deems
necessary to work with Employee any time during the term of this contract.
SECTION XIII Extent of Agreement
This Agreement represents the entire integrated agreement between the City and Employee
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both the City and the Employee.
CITY OF AZUSA EMPLOYEE
By: _______________________________ __________________________________
Mike Lorusso
Date: March 18, 2003 Date: March 18, 2003
APPROVED AS TO FORM:
_________________________________
City Attorney