HomeMy WebLinkAbout06 - Contract with Former City AttorneyCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
(August 24, 2004)
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office, Homer Bludau, City Manager,
hbludau @city.newport- beach.ca.us, (949) 644 -3000
City Attorney's Office, Robin L. Clauson, Acting City Attorney
(949) 644 -3131, rclauson @city.newport- beach.ca.us
SUBJECT: Contract with Former City Attorney
RECOMMENDATION:
Approve and authorize the City Manager to sign the proposed Temporary Employment
Agreement with Robert Burnham.
DISCUSSION:
Background:
City Council Policy F -20 provides that contracts with former employees shall require the
approval of the City Council. City Attorney Bob Burnham, retired effective August 20,
2004. He has agreed to assist both the City Manager and the Acting City Attorney
during the recruitment process for hiring a new City Attorney as well as any transition
period after the new City Attorney is selected. The attached Temporary Employment
Agreement will provide for those services through the end of this current fiscal year at
an hourly rate of $120.00 per hour.
Examples of the types of issues Mr. Burnham would be working on include the
following: Sphere Issues, John Wayne Airport, Friends of Oasis Cooperative Agreement
and Group Home issues.
Prepared by:
(Cr
Robin L. Clauson,
Acting City Attorney
Submitted by:
"(:n
Homer Bludau
City Manager
Attachments: Temporary Employment Agreement
F:\ users\ cat \shared =staffReports \B8empioym entAgt. doc
AGREEMENT FOR TEMPORARY EMPLOYMENT
This Agreement is made effective as of the 25th day of August 2004, by and between the
City of Newport Beach, a Municipal Corporation ( "City ") and Robert H. Burnham
( "Employee ") with reference to the following:
RECITALS
A. The City desires to employ Employee on at -will basis and to enter into an
Agreement with Employee for temporary employment services upon the terms and
conditions in this Agreement.
B. Employee is willing to accept such employment on the terms and conditions sEft
forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Commencement:
The term of this Agreement shall commence upon the 25th day of August, 200x[,
and terminate on June 30, 2005, unless terminated earlier as provide in paragraph
5 below.
2. Services To Be Performed By Employee:
Provide legal consulting services with regard to the following projects: Sphere
Issues; Friends of Oasis Cooperative Agreement, John Wayne Airport and othE!r
issues as may be requested from time to time by the City Manager or the (Actincl)
City Attorney.
3. Compensation:
As consideration for the performance of specified services under this Agreement
Employee shall be compensated as follows:
a. Pay of $120.00 per hour for hours worked pursuant to this Agreement. Pay
shall be subject to State and Federal income tax withholding. $120.00 pE;r
hour shall be considered just compensation and no additional benefits or
holiday pay will be provided under this Agreement.
b. City shall pay Employee no later than 30 days after the City Manager's
approval of a statement of hours worked. The statement shall include a
brief description of the legal services performed and /or specific project
involved, and the date and number of hours worked.
4. Hours:
No hours of work are guaranteed. Employee's services will be provided 10 to 20
hours per week, or as agreed upon from time to tirne, but not to exceed 78 hours
per month.
5. Termination:
Employee understands and agrees that:
a. Employee's employment is at will which means that Employee's
employment with City may be terminated at any time, with or without cause,
by either party by giving 30 days prior written notice to the other party.
b. Employee's at -will status cannot be changed except in writing on a form
signed by both the City Manager and Employee. No representative or other
employee of the City, other than the City Manager, has any authority to
enter into an agreement with Employee for any specific period of time or to
change Employees employment contrary to the at -will status provided in
this Agreement.
C. No promises or representations regarding regular employment have been
made to Employee and Employee has no expectation of permanent
employment with the City.
d. Upon termination of this Agreement, the City shall pay to Employee that
portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
6. Integrated Contract: This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto and
all preliminary negotiations and agreements of any kind or nature are merged
herein. Any modification of this Agreement will be effective only by written
execution signed by both Employee and City Manager.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
APPROVED AS TO FORM:
Robin L. Clauson,
Acting City Attorney
ATTEST:
By:
LaVonne Harkless, City Clerk
F fusers \cat \sh a re&Ag \Rob ertBu rn h a ndoc
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau,
City Manager
EMPLOYEE
By:
Robert H. Burnham
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