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HomeMy WebLinkAboutC-3725 - Agreement for Temporary Employment with Former City AttorneyAMENDMENT NO. 1 TO AGREEMENT FOR TEMPORARY EMPLOYMENT WITH ATTORNEY -AT -LAW ROBERT H. BURNHAM THIS AMENDMENT NV TO AGREEMENT FOR TEMPORARY EMPLOYMENT, entered into this day of April, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and ROBERT H. BURNHAM, an individual (hereinafter referred to as "Employee "), is made with reference to the following: RECITALS A. City entered into a contract with Employee on August 24, 2004 for temporary employment services (hereinafter referred to as the "Agreement "). B. Under the Agreement, Employee was to provide legal consulting services to the City Manager and City Attorney. The Agreement was to expire on June 30, 2005. C. City desires . to amend the Agreement to extend it until June 30, 2006. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Employee shall provide the legal services as outlined in the Agreement. 2. The term of the Agreement shall be extended to June 30, 2006. 3. This Amendment shall be effective as of the date first written above. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROS � r cl-dknag ieilr F:l usersl cafthared\ Agl EmploymentNRobert6urnhamAmendment .doc CITY OF NEWPORT BEACH A Municipal Corporation By, Homer Blud u, City Manager 0 H. Bumham AGREMENT FOR TEMPORARY EMPLOVENT This Agreement is made effective as of the 25`h 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 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 251" day of August, 2004, 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 other issues as may be requested from time to time by the City Manager or the (Acting) 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 per 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 time, 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. Intearated 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 written below. [SIGNATURES ON FOLLOWING PAGE] 2 • APPROVED TO FORM: i By: Robin L. Clauson, City Attorney r�nrr.A.n A�M._'fl�ll tllialn �n 0 CITY OF NEWPORT BEACH A Municipal Corporation A H mer Bludau, City Manager F: lusersl caftharedl Agl EmploymentNRobertBumham4- 28-O6.doc 3 BY'IHE CITY COUNCIL CITY OF NEWPORT BEACH AUG ='. 2004 AP ��+ i • CITY 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: Robin C lauson, Acting City Attorney Submitted by: omer Bludau City Manager Attachments: Temporary Employment Agreement F:\users\cat\shared\CCstaffReportsNBBemploymentAgtdoc AGAMENT FOR TEMPORARY EMPLOTiVIENT 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 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 25h day of August, 2004, 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 other issues as may be requested from time to time by the City Manager or the (Acting) 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 per 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 time, but not to exceed 78 hours per month. • 5. Termination: Employee understands and agrees that: 0 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: By: Robin L. Clauson, Acting City Attorney ATTEST: By: LaVonne Harkless, City Clerk F:lusers5catlshared ftXRobertBumhem.doc CITY OF NEWPORT BEACH A Municipal Corporation By: Homer Bludau, City Manager EMPLOYEE By: Robert H. Burnham 2