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Home My WebLink AboutC-3598 - Temporary EmploymentAGREEMENT FOR TEMPORARY EMPLOYMENT This Agreement is made effective as of the Prnday of February, 2003, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and Tony Melum, whose address is 2315, Margaret Drive, Newport Beach, CA 92663 ( "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 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 13th day of January, 2003 and terminate on the 30th of June, 2003. 2. Services To Be Performed By Employee: Provide training and operational assistance to new Harbor Resources Manager and Supervisor to transition into full operation of the Division. 3. Compensation: As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $65 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. $65 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. 4. Hours: 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. 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 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. AS TO FORM: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: lam. V H r L. Bludau, City Malager TEMPORARY EMPLOYEE By: Tony Mel m • • 0?/90) L,,3Sg8 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 February 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COL FROM: Harbor Resources Division (City Manager's Office) Tom Rossmiller, Division Manager, 644 -3041 trossmiller@city.newport-beach.ca.us SUBJECT: TEMPORARY EMPLOYMENT AGREEMENT WITH TONY ISSUE: Authorization of part-time employment and budget transfer. RECOMMENDATION: 1. Approve a temporary employment agreement with Tony Melum in the amount of $65 /hour and authorize the City Manager to execute the Agreement. 2. Approve a budget amendment (BA -042) transferring $50,000 from Account No. 2371 -7010 (Salaries — Safety) to Account No. 2371 -7020 (Salaries- Part- time). DISCUSSION: City Council Policy F -20 requires City Council approval of all temporary contracts with former City employees. Tony Melum is the retired Director of the Harbor Resources Division. His retirement coincided with the retirement of Wes Armand, the division's Harbor Inspector. As a result of these retirements, there is no one left in the division with the necessary operational knowledge to train the newly hired Harbor Resources Manager and assist in the daily operations of the division pending the hiring of the Harbor Resources Supervisor, which is in process. I therefore believe that a short-term contract with Mr. Melum (who will work on a part-time basis under my direction) will be important to a successful transition. This would enable us to continue uninterrupted operations while the new manager is trained and the new supervisor is hired. • Temporary Empl6yment with Tony Melum February 11, 2003 Page 2 I estimate that Mr. Melum would work a maximum of twenty hours per week, an amount that I will control, over a period limited to six months. Depending upon the qualifications of the new Harbor Resources Supervisor, six months may be longer than is needed. Funds are available in the division's budget due to reclassification of the manager's position from safety to non - safety and the temporary vacancy of the supervisor's position. Prepared by: Submitted by: ot%aov� "A ")X� V-�A It Tom Rossmiller, Har o Resources Manager Dave K' , Assistant City nager Attachment: Temporary Employment Agreement • Temporary Emoyment with Tony Melum February 11, 2003 Page 3 AGREEMENT FOR TEMPORARY EMPLOYMENT This Agreement is made effective as of the _ day of February, 2003, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and Tony Melum, whose address is 2315, Margaret Drive, Newport Beach, CA 92663 ( "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 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 13th day of January, 2003 and terminate on the 30th of June, 2003. 2. Services To Be Performed By Employee: Provide training and operational assistance to new Harbor Resources Manager and Supervisor to transition into full operation of the Division. 3. Compensation: As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $65 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. $65 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. 4. Hours: • Temporary Employment with Tony Melum February 11, 2003 Page 4 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. 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 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. • Temporary Emoyment with Tony Melum February 11, 2003 Page 5 APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Homer L. Bludau, City Manager TEMPORARY EMPLOYEE 0 Tony Melum jWy of Newport Bead* NO. BA- 042 BUDGET AMENDMENT 2002 -03 AMOUNT: $so,000.00 -FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: x from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer budget appropriations for temporary employment agreement. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account — EVENUE ESTIMATES (3601) - Fund /Division Account EXPENDITURE APPROPRIAT IONS (3603) Description Description Signed: gned: Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance x No effect on Budgetary Fund Balance Amount Debit Credit $50,000.00 $50,000.00 Date Date Date Description Division Number 2371 Tidelands Account Number 7010 Salaries -Safety Division Number 2371 Tidelands Account Number 7020 Salaries- Part-Time Division Number Account Number Division Number Account Number Division Number Account Number Signed: gned: Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance x No effect on Budgetary Fund Balance Amount Debit Credit $50,000.00 $50,000.00 Date Date Date fity of Newport Beadb NO. BA- 042 BUDGET AMENDMENT 2002 -03 AMOUNT: $50,000.00 —FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations x No effect on Budgetary Fund Balance SOURCE: x from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer budget appropriations for temporary employment agreement. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description AVENUE ESTIMATES (360 1) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: �� //��Gr� � � �tiQl� Financial Ap oval: Administrative rvices Director fined: Admini trat e Approv City Maanager Signed: 2�dW City Council Approval: City Clerk L't)i)J Amount Debit Credit $50,000.00 $50,000.00 Date 4ZDYe Date Description Division Number 2371 Tidelands Account Number 7010 Salaries- Safety Division Number 2371 Tidelands Account Number 7020 Salaries - Part-Time Division Number Account Number Division Number Account Number Division Number Account Number Signed: �� //��Gr� � � �tiQl� Financial Ap oval: Administrative rvices Director fined: Admini trat e Approv City Maanager Signed: 2�dW City Council Approval: City Clerk L't)i)J Amount Debit Credit $50,000.00 $50,000.00 Date 4ZDYe Date