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HomeMy WebLinkAboutC-3608 - VoidCONTRACT NO. C-3608 IS VOID (NOT PASSED, NEVER ENTERED INTO) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb, Deputy Public Works Director /City Engineer 949 - 644 -3328 or dawebb @city.newport- beach.ca.us SUBJECT: APPROVAL OF TEMPORARY EMPLOYMENT AGREEMENT WITH RON GARRETT FOR TRAFFIC TECHNICIAN SERVICES RECOMMENDATIONS: 1. Approve a Temporary Employment Agreement with Ron Garrett, of Laguna Hills, California, for traffic technician services at a not to exceed price of $30,000 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment transferring $15,000 from savings in the Engineering Services Division Part Time Salaries Account (5100 -7020) to Transportation and Development Services Division Services Salaries Part Time Temporary Account (5200- 7030.) DISCUSSION: Ron Garrett worked for the City of Newport Beach from August 1979 through March 2003 as a Traffic Engineering Technician. Upon retirement, the City Council approved a temporary employment agreement with Mr. Garrett for assistance with traffic signal and operational issues. The agreement has since expired. City staff worked diligently to bring the first phase of the traffic modernization program online. Additionally, the department's current Traffic Engineering Technician, George Bernard, is off duty for an indefinite amount of time due to an emergency medical situation. For these reasons, it is imperative to have a technician available to assist staff with the maintenance, operation, and troubleshooting of the existing and new traffic signal systems. The demand has recently increased for traffic signal monitoring and response as we are in the first months of the new traffic signal system being operational. Staff has already spent large amounts of time responding to issues as they arise. Also, it is proposed that Ron will support engineering staff with day -to -day operations to relieve some of the workload which George would normally handle and to help with the implementation of the new traffic system. Approval Of Temporary Employment Agreement With Ron Garrett For Traffic Technician Services May 26, 2009 Page 2 The proposed hourly rate will be $55 per hour at a total not to exceed cost of $30,000. Half of this expense can be covered by unspent funds for Professional and Technical Services within the Public Works Department budget for FY 08 -09. The remaining $15,000 will be included in the FY 09 -10 budget. City Council Policy F -20 requires City Council approval of all temporary contracts with former City employees. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account(s) for this agreement: Account Description Salaries — Part Time Temporary Submitted by; Works Director Account Number Amount 5200 -7030 $15.000.00 Total: $15,000.00 Attachment: Temporary Employment Agreement AGREEMENT FOR TEMPORARY EMPLOYMENT WITH RON GARRETT FOR TRAFFIC ENGINEERING TECHNICIAN SERVICES THIS AGREEMENT is made effective as of the day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City") and RON GARRETT ( "Employee ") whose mailing address is 25551 La Mirada Street, Laguna Hills, CA 92653 with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. The City desires to employ Employee on an "at will" basis and to enter into an Agreement with Employee for temporary traffic engineering technician services ( "Position ") upon the terms and conditions in this Agreement. C. Employee is willing to accept such employment on the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence upon the 18th day of May, 2009 and shall end on the 30t�' day of June, 2010, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE Services shall include the following: coordination of the City's Traffic Signal and Vehicle Management System and administration of traffic signal maintenance activities for the Public Works Department. All duties shall be performed in compliance with City ordinances, policies, rules and regulations. Employee shall familiarize himself with the City's Employee Manual. At all times, Employee agrees to perform all services related to Employee's employment hereunder faithfully and diligently and to discharge the responsibilities thereof to the best of Employee's ability. 3. COMPENSATION As consideration for the performance of specified services under this Agreement, Employee shall be compensated as follows: A. Pay of Fifty -Five Dollars ($55.00) per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi- weekly basis corresponding to the City's payroll schedule and Employee is subject to State and Federal income tax withholdings. Fifty -Five Dollars ($55.00) per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. Total compensation under this Agreement shall not exceed $30,000. B. Employee shall maintain and submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule. 4. HOURS A. Hours of work are not guaranteed. Employee's services will be provided on an as needed, per project basis, upon written request of the Department Director or City Manager. B. It is expressly understood that Employee is a nonexempt Employee and employment is for an "at will" position. 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 24 hours prior written notice to the other party. B. Employee's at will status cannot be changed, except in writing on a form signed by the Department Director, City Manager and Employee. No representative or other employee of the City, other than the Human Resources 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. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the temporary position with the City. D. No promises or representations regarding regular, full time or permanent employment status have been made to Employee and Employee has no expectation of permanent employment with the City. Furthermore, Employee has no expectation of Civil Service 2 classification, rights or status under this Agreement. E. 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 Employee, Department Director, City Manager and attested to by the City Clerk. 7. EFFECT OF PRIOR AGREEMENTS This Agreement supersedes any prior agreement between the City and the Employee, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewhere provided and not expressly provided in this agreement. 8. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Employee, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Employee or any other party. 9. CONFIDENTIALITY Employee shall hold and safeguard the Confidential Information in trust for the City and shall not, without the prior written consent of the City, misappropriate or disclose or make available to anyone for use outside the City at any time, either during his employment with the City or subsequent to the termination of his employment with the City for any reason, including, without limitation, termination by the City for cause or without cause, any of the Confidential Information, whether or not developed by Employee, except as required in the performance of Employee's duties to the City. All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 10. CONFLICTS OF INTEREST The Employee may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any 3 financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Employee shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. 11. OUTSIDE ACTIVITIES Employee is expected to devote his full time, attention and efforts to the performance of his assigned duties. An Employee shall not engage in any outside employment or business activities during his Workday. An Employee shall not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, his ability to perform the duties, functions, or responsibilities of his Position. Employees may obtain and/or maintain employment with persons or entities other than the City or self - employment (outside employment) subject to approval by the Department Director. 12. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 13. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 14. AMENDMENTS This Agreement may be modified or amended only by a written document executed by the Employee, Department Director and City Manager and further approved as to form by the City Attorney. 15. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 0 16. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, A Municipal Corporation Stephen G. Badum, Public Works Director for the City of Newport Beach APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY la Mynette Beauchamp, Assistant City Attorney for the City of Newport Beach ATTEST: Leilani I. Brown City Clerk For the City of Newport Beach 5 CITY OF NEWPORT BEACH, A Municipal Corporation 0 Homer Bludau, City Manager for the City of Newport Beach EMPLOYEE: In Ron Garrett City of Newport Beach BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 09BA -055 AMOUNT: $15,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance To Increase transfer expenditure appropriations from the Transportation and Development Services Professional and Technical Services account to the Transportation and Development Services Temporary Part-Time Salaries account to cover the costs associated with the approval of a temporary employment agreement with Ron Garrett for traffic technician services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number Account Number Signed: Signed: Signed: Financial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $15,000.00 $15;000.00 3 -10' 7 Date Date Date Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Permanent Part-Time Division Number 5200 Public Works - Transportation & Development Account Number 7030 Salaries - Temporary Division Number Account Number Signed: Signed: Signed: Financial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $15,000.00 $15;000.00 3 -10' 7 Date Date Date