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HomeMy WebLinkAboutC-2596 - Temporary Part-Time for Special ProgramU EXTENSION OF PERSONAL SERVICES AGREEMENT PART -TIME TEMPORARY EMPLOYMENT THIS AGREEMENT, made and entered into this 23rd day of JUN }!9299 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereafter "CITY," and DONALD C. SIMPSON, Civil Engineer, hereafter "SIMPSON "; W I T N E S S E T H WHEREAS, on July 14th, 1986, the City Council of CITY authorized the City Manager to enter into an agreement retaining SIMPSON as a temporary part -time employee for special project management services; and WHEREAS, said agreement, dated July 25, 1986, and extending to June 30, 1987, may be extended and /or amended by mutual agreement of the parties; and WHEREAS, an extension to said agreement was entered into on June 30, 1987, providing for an adjustment of compensation and extending the original agreement to June 30, 1988; and WHEREAS, there is a need to further extend the agreement and adjust the compensation provided for therein; NOW, THEREFORE, the parties hereto agree as follows: 1. Term - The term of the agreement is hereby extended to June 30, 1989. 2. Compensation - Base pay for all time worked pursuant to this agreement, as extended, shall be $39 per hour. The effective date of the change in compensation shall be July 4, 1988. 3. Other - All other terms of the existing agreement dated July 25, 1986, shall remain in full force and effect. APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH By: 1 Robert L. Wynn, City Manager SIMPSON -> a 0*nAld C. Simpson ✓� EXTENSION OF PERSONAL SERVICES AGREEMENT PART -TIME TEMPORARY EMPLOYMENT THIS AGREEMENT, made and entered into this 50 day of rtl-,v 81, , by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereafter "CITY ", and DONALD C. SIMPSON, Civil Engineer, hereafter "SIMPSON "; W I T N E S S E T H WHEREAS, on July 14, 1986, the City Council of CITY authorized the City Manager to enter into an agreement retaining SIMPSON as a temporary part- time employee for special project management services; and WHEREAS, said agreement, dated July 25, 1986, and extending to June 30, 1987, may be extended and /or amended by mutual agreement of the parties; and WHEREAS, there is a need to extend the agreement and adjust the compen- sation provided for therein; NOW, THEREFORE, the parties hereto agree as follows: 1. Term. The term of the agreement is hereby extended to June 30, ffim 2. Compensation. Base pay for all time worked pursuant to this agreement, as extended,shall be $38 per hour. The effective date of the change in compensation shall be July 4, 1987. 3. Other. All other terms of the existing agreement dated July 25, 1986 shall remain in full force and effect. APP OVED AS TO FORM: CITY OF NEWPORT BEACH By tin r� 6,2c Robert L. Wynn, City Marlager SIMPSON By Donald C. Simpson c a CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR Public Works Department FROM: CITY CLERK DATE: July 25, 1986 OFFICE OF THE CITY CLERK (7141640-2251 SUBJECT: Contract No. C -2596 Description of Contract Personal Services Agreement (Part -Time Temporary Employment) Effective date of Contract July 25, 1986 Authorized by Minute Action, approved on July 14, 1986 Contract with Donald C. Simpson Address 1824 Port Margate CA 92660 Amount of Contract (See Agreement) !�/ Wanda E. Andersen City Clerk WEA:1r attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 TO: CITY COUNCIL • BY THE CETY COUNCIL CITY OF NEWPORT BEACH JUL 14 1985 APPROVED FROM: Public Works Department SUBJECT: CAPITAL PROJECTS PROGRAM -- PROJECT MANAGEMENT SERVICES RECOMMENDATION: July 14, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(b) Authorize the City Manager to enter into an agreement retaining Donald C. Simpson, Civil Engineer, as a temporary parttime employee for special project management services. DISCUSSION: During review of the proposed 1986 -87 capital projects program at the Council study session of June 9, 1986, considerable concern was expressed by both the Council and staff about the magnitude of carry -over projects. A report on the subject was suggested. A copy of a chart is attached showing the dollar value of the capital improvement program by year (carry -over projects are not double counted, and non - Public Works projects are not included); and showing the staffing of the Engineering Division of the Public Works Department. In a 15 -year period the capital program has increased from about $2 million annually to about $12 -$15 million annually. (Cost figures are not adjusted for inflation.) During the same period Engineering Division staffing has decreased from 25.5 persons to 25.0 persons. Also in the same period the capital program has grown in complexity as well as size. The City is now involved in cooperative projects involving the Federal Highway Administration, California Department of Transportation, the California Department of Fish and Game, Orange County, the County Sanitation districts, various other cities and special districts, and private companies. In most of these projects, Newport Beach is the lead agency. Federal and State requirements established in recent years have also added to the amount of administrative work needed to accomplish a given project. Most significant are the California Environmental Quality Act (CEQA); the Coastal Zone Act; and permits and clearances from the Regional Water Quality Control Board, the U.S. Corps of Engineers, etc. Recent increases in litigation have also added to the administrative workload. In order to cope with the growth of the capital improvement program, the Public Works Department has significantly increased the amount of design work and preparation of plans and specifications prepared under contract by private engi- neering firms. Approximately 80% of the dollar volume of capital projects is currently performed by private engineering firms. This amount is now at a prac- tical maximum as the remaining projects are of a nature (water and sewer line July 14, 1986 Subject: Capital Projects Program -- Project Management Services Page 3 • 8. Jamboree Road Widening, Coast Highway to Back Bay Drive $ 1,400,000 9. Oil Field Improvements $ 250,000 Not included in the above tabulations are approximately 70 other projects currently active in the Public Works Department. These are summarized as follows: 1. General Fund Harbor, Drainage, Sewer, Street, and Miscellaneous Projects 2. Water Fund Projects 3. Park & Recreation Fund Projects 4. Gas Tax fund -- Balboa Blvd. Widening 5. Gas Tax Fund - -San Joaquin Hills Road Widening, Marguerite to Spy Glass Hill Rd 6. Federal Aid Urban (FAU) and Gas Tax • Fund- -Coast Highway Widening from Bayside Dr. to MacArthur Blvd. 7. Gas Tax Fund -- Miscellaneous Traffic Signal, Right of Way, Maintenance, and Widening Projects $ 3,700,000 $ 1,300,000 $ 1,000,000 $ 1,400,000 $ 500,000 $ 7,000,000 $ 1,200,000 It is proposed that an agreement be entered into retaining Mr. Simpson as a temporary part -time City employee. The amount of time involved would range from something over one -half time to something less than full time (approximately 1,000 to 2,000 hours per year); and the agreement would have a one -year term, with provision for extension by mutual agreement. This arrangement would be advantageous to the City in that needed management and administrative services would be provided without the necessity for making a permanent commitment to an additional high -level staff position. The main provisions of the employment contract would be as follows: 1. Term. One year, with provision for extension by mutual agreement. 2. Termination. Either party could terminate at any time, for any • reason. 3. Vacation and Sick Leave. None. 4. Hours Worked. To be at the mutual convenience of Mr. Simpson and the City. July 14, 1986 Subject: Capital Projects Program -- Project Management Services Page 2 •replacement, street and alley reconstruction, street resurfacing and seal coating, etc.) which can be performed much more efficiently and economically by the staff. A consequence of the rapid growth in size and complexity of the capital program has been increasingly large carry -overs of projects which have not been completed in a given fiscal year. Some of the larger projects have lead times considerably exceeding a year so some carry -overs on these projects are to be expected. However, many of the projects which are now carried over can and should be completed in the budgeted fiscal year. Some of the undesirable consequences of carry -over capital projects include: 1. Inflationary erosion of funding. 2. Inability to meet desired project schedules with regard to sunnier traffic and winter rain relationships, and coordination with other work. 3. Distortion of budget totals. 4. Facilities not being completed and available for use when desired. •The single greatest need in the Public Works Department currently is for project management services. Even the projects for which private engineering firms have been retained to prepare plans and specifications require administrative man- agement. Donald C. Simpson, the Civil Engine services for the Upper Newport Bay protection an interest in temporary part -time employment manager. Mr. Simpson's work on the Upper Bay highly successful results achieved at minimum the project. ?r who has provided project management and restoration program, has expressed by the City, as a special projects project has been exemplary, with cost to the cooperating agencies in Some of the currently active projects suitable for special project manager services are listed below: 1. Coast Highway Widening in West Newport $ 5,000,000 2. Newport Boulevard Widening, Including Bridge $ 2,000,000 3. San Joaquin Hills Transportation Corridor. • 4. Upper Bay Sediment Control and Restoration, Unit 2 5. Metropolitan Water District Connection in Corona del Mar 6. Bonita Creek Park 7. Balboa Island and Lido Island Bridge Approach Seawall Rehabilitation On -going $ 5,000,000 $ 800,000 $ 1,500,000 $ 600,000 I July 14, 1986 Subject: Capital Projects Program -- Project Management Services Page 4 • 5. Compensation. $30 per hour, plus City -paid PERS contribution (15.46%); and reimbursement for any out -of- pocket costs. 6. Office Space. Not provided by City. It is estimated that 50% or more of the cost of Mr. Simpson's services would be reimbursable to the City from other parties in cooperative projects (primarily Caltrans, and the Upper Bay cooperating partners). Benja in B. Nolan Public Works Director BBN:jd Att. • • fo J F- W L% z W ►= -30 z 0 to w Km x G. W ,� a c z W �O Y > > i� 0 0 .3 a0 U z 1 Q' CO J W R QW 1— z a0 vW • 5 i 0 m M cr O. a / Ui N N � O C�\ N II#0 o Y m - r• s' -o v - /• ' 1 U N In CO Ol N > � Y 7 Y 'Or ' SO N O to r pm _ mL a �• ° > v E vl r i to •r i ro 1 Y X m O m d Y m v m c o c'v m N 1 i 41 ro S- v ^67 1 u T a E m c a m x rn M1 •.- v•0 c va v o to n c a v a r Yaj -0v m c 3 \/ i m i C m to CJ OY N O W ro 4- In 44- i •r N GJ O 1 cv� c`oa 3 i E 000 O W L Y Iio IcoCL N - - ,c ,= 1 N V1 a) N OJ 00-0 U -0-0 � Y V1 I S= trt Ol c 0 3 O L Y ltd Q: Y ,--I a ^ r r r Q 9� /' LO V1 co Y n d u u u u u 51 O X c •cr c c ro 2 _ C s� a Cl) S'2 Y \ 0 O Z O O M N 3NM0 2i3d o §Hv "Itllldtl0 '100 0 SNOITIIW — S103 O?Jd Q W } t i t 0 PERSONAL SERVICES AGREEMENT PART -TIME TEMPORARY EMPLOYMENT I THIS AGREEMENT, made and entered into this Z Std day of �S u 1 , 1986, by and between the City of Newport Beach, a Municipal Corporation, hereafter "CITY ", and DONALD C. SIMPSON, Civil Engineer, hereafter " SIMPSON" W I T N E S S E T H WHEREAS, CITY has a need for special project management and civil engi- neering services in carrying out CITY's capital improvement program; and WHEREAS, SIMPSON is a licensed, qualified Civil Engineer experienced in providing project management services; and WHEREAS, at a meeting held on July 14, 1986, the City Council of CITY authorized the City Manager to enter into an agreement retaining SIMPSON as a temporary part -time employee for special project management services; NOW, THEREFORE, in consideration of the covenants hereafter set forth, the parties hereto agree as follows: 1. SCOPE OF SERVICES. SIMPSON is hereby hired to provide special project management and civil engineering services. It is expressly understood that SIMPSON's services are non - exclusive to CITY, and that he may undertake other assignments for other employers, except however that SIMPSON shall engage in no activities which would create a conflict of interest. 2. STATUS. It is the express intention of the parties hereto that the relationship created by this Agreement is that of a temporary, part -time employee of the CITY. For purposes of this Agreement, SIMPSON is hereby designated to be on the "Key Personnel" list. 3. TERM. The term shall commence when both parties have executed this Agreement, which shall be the date set forth above; and shall conclude on June 30, 1987. The agreement may be extended and /or amended by mutual agreement of the parties. 4. TERMINATION. This Agreement may be terminated at any time by either party by serving written notice at least thirty days prior to such ter- mination. The written notice provision may be waived by mutual agreement of the parties. Iof3 0 0 5. TRANSPORTATION. Reimbursement at the standard mileage rate pro - vided by CITY for use of personal vehicles on CITY business shall be provided to SIMPSON when appropriate. CITY vehicles may be used by SIMPSON for CITY busi- ness when available. 6. RECORDS AND TIMEKEEPING. SIMPSON shall maintain complete records of time expended pursuant to this Agreement, with time spent recorded separately for each individual project worked on. Every two weeks, corresponding to CITY's payroll schedule, SIMPSON shall submit a record of time expended on CITY projects. 7. HOURS WORKED, AND OFFICE QUARTERS. The hours worked shall be at the mutual convenience of CITY and SIMPSON. Office space will not be provided by CITY; and SIMPSON may utilize his own home or other office quarters. 8. COMPENSATION AND FRINGE BENEFITS. SIMPSON shall be paid on the regular CITY biweekly pay schedule. Overall compensation shall reflect the following terms: a. Base pay of $30 per hour for all time worked pursuant to this Agreement. b. CITY shall pay the full amount of the Public Employees' Retirement System (PERS) contributions, including both employer's and employee's share. c. SIMPSON shall be reimbursed for any out -of- pocket costs expended on CITY business, including reimbursement for personal vehicle use on CITY business as described above. d. Vacation and sick leave are not included, and SIMPSON shall not be eligible for either. e. Any requirements of State or Federal law concerning compen- sation or fringe benefits shall be incorporated herein. f. Compensation may be adjusted at time of contract extension or other time by mutual agreement of the parties. 2 o 3 9. EXISTING CONSULTING SERVICE AGREEMENTS. SIMPSON is currently retained by CITY for certain consulting civil engineering and /or project manage- ment services. These include: a. Street Light Conversion (P.O. 25666) b. Water Wells and Joint Transmission Line (P.O. 23331) c. Underground Storage Tanks (P.O. 27371) i d. Surplus Gas (P.O. 25667) e. Upper Bay Executive Committee (P.O. 26770) f. Upper Bay Sediment Control Unit II It is mutually agreed that all existing agreements and /or purchase orders for services between CITY and SIMPSON are cancelled as of the effective date of this Agreement. Any remaining services to be provided on the projects involved shall be provided under the terms of this Agreement. CITY OF NEWPORT BEACH APPR ED AS TO FORM: 4 By lifAA I &L� I:enneth J. lino, Acting City Manager ity AttoriYey SIMPSON By 2 Donald C. Simpson 3of3 0 Ior, _ �­ July 24, 1986 TO: CITY MANAGER FROM: Public Works Department SUBJECT: AGREEMENT FOR PART -TIME EMPLOYMENT (DON SIMPSON) RECOMMENDATION: Execute the attached subject agreement. DISCUSSION: On July 14, 1986, the City Council authorized the City Manager to retain Mr. Don Simpson's services as Civil Engineer and Special Project Manager. Terms of the agreement are as follows: 1. Term: Concludes June 30, 1987 2. Termination: 30 -day notice by either party 3. Compensation: $30 /hour 100% PERS contribution 4. Existing Agreements: All existing agreements and purchase orders for services between Mr. Simpson and City shall terminate as of effective date of this agreement. This agreement has been previewed by the City Attorney and the Personnel Director. The Personnel Director has pointed out that the proposal to include Mr. Simpson in the City's health insurance program was contrary to the contract with Pacific Mutual. This provision has been eliminated from the agreement, and Mr. Simpson will not be covered by health insurance. Benjamin B. Nolan Public Works Director JW:jd Att.