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HomeMy WebLinkAboutC-3573 - Temporary Employment0.35 93 AGREEMENT FOR TEMPORARY EMPLOYMENT This Agreement is made effective as of the-dC4 day of0cI'- , 2002, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and Dick Hoffstadt, P.E., whose address is 9972 Petunia Avenue, Fountain Valley, CA, 92708, ( "Employee ") with reference to the following: . 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 set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Comm _n . _ment- The term of this Agreement shall commence upon the 9th day of October, 2002, and terminate on the 30'h of April, 2003. Provide professional engineering services for plan check reviews and coordination of the City's Underground Assessment Districts. As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $90 per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi- weekly basis subject to State and Federal income tax withholding. $90 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Employee shall maintain and submit complete records of time expended pursuant to this Agreement corresponding to City's payroll schedule. a. No hours of work are guaranteed. Employee's services will be provided approximately 10 -20 hours per week, or as agreed upon from time to time. Employee understands and agrees that: a. Employ'le's employment is at will which *eans 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 both by the Human Resources 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. 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 Human Resources Director. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: By: City Attomey City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: C J Mayor 0 d EMPLOYEE Dick Hoffstidt,-�� PA 0 0 TO: Mayor and Members of the City Council FROM: Public Works Department CS$) C -35`13 October 8, 2002 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: TEMPORARY EMPLOYMENT AGREEMENT WITH DICK HOFFSTADT RECOMMENDATIONS: OC-f 08 [Uu[ Approve a temporary employment agreement with Dick Hoffstadt in the amount of $42,660 and authorize the City Manager to execute the Agreement. Approve the transfer of $42,660 from 5200 -7000 (Salaries — Misc.) to Account No. 5200 -7020 (Part- time Salaries) DISCUSSION: City Council Policy F -20 requires City Council approval of all temporary contracts with former City employees. Dick Hoffstadt is a retired Principal Engineer who formerly coordinated all aspects of the City's Underground Assessment Districts as well as reviewed development plans on behalf of the Public Works Department. The Transportation and Development Manager, Public Works Director, and the Human Resources Department are in the process of recruiting for additional Staff. Currently both the Underground Assessment Districts and the Public Works Department plan reviews have been given to our Junior Engineer, Patrick Arciniega. It may take some time to fill the position and in the interim, Staff is requesting the option of contracting with Mr. Hoffstadt to return to work on a part-time basis. This would enable Staff to continue to meet plan check deadlines and provide uncompromised coordination of all current and pending Assessment District issues. Staff estimates Mr. Hoffstadt would work a maximum of twenty hours per week over a period of six months. The total, not -to- exceed cost is $42,660. Due to salary savings from vacant positions in the Transportation and Development Services Division, funds are available in the Salaries -Misc. Account No. 5200 -7000. In addition, the City is reimbursed through the bond proceeds of each Assessment District for the engineering fees associated with the development of that District. Therefore, Mr. Hoffstadt's work can be charged to the contingency of each Assessment District if the City's actual engineering fees exceed the projected costs. Respectfully s ORKS DEPARTMENT Ste en G. Badum, Director By. 4 a. vt_l Lois Thompson Public Works Administrative Manager Attachment: Temporary Employment Agreement AGRIIMENT FOR TEMPORARY EMPAENT ` This Agreement is made effective as of the _ day of , 2002, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and Dick Hoffstadt, P.E., whose address is 9972 Petunia Avenue, Fountain Valley, CA, 92708, ( "Employee ") with reference to the following: 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 set 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 9th day of October, 2002. Services shall include the following: As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $90 per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi- weekly basis subject to State and Federal income tax withholding. $90 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Employee shall maintain and submit complete records of time expended pursuant to this Agreement corresponding to City's payroll schedule. a. No hours of work are guaranteed. Employee's services will be provided approximately 10 -20 hours per week, or as agreed upon from time to time. Employee understands and agrees that: a. Employee's employment is at will which means that Employee's I 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 parry. b. Employee's at -will status cannot be changed except in writing on a form signed both by the Human Resources 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. 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 Human Resources Director. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor EMPLOYEE By: Dick Hoffstadt 2 3