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HomeMy WebLinkAboutC-4199 - PSA to Provide Chief Building Inspector Services to the City Following his Retirement for a Period not to Exceed Six Months in Duration• • Mlgq PROFESSIONAL SERVICES CONSULTANT AGREEMENT FOR STEVEN HOOK TO PROVIDE CHIEF BUILDING INSPECTOR SERVICES TO THE CITY FOLLOWING HIS RETIREMENT FOR A PERIOD NOT TO EXCEED SIX MONTHS IN DURATION THIS AGREEMENT is made effective as of the 18th day of May, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City'), and Steven K. Hook, an individual, whose address is 23935 Via La Coruna, Mission Viejo, CA 92691 ( "Consultant "), 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. Consultant has been employed by the City since 1985, and as the Chief Building Inspector since 1999. Consultant retired from regular service on May 2, 2009. C. Consultant is willing to accept a contract with the City 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 18th day of May, 2009, and terminate on the 18th day of November, 2009, unless terminated earlier as provided in Section 5. 2. Services To Be Performed By Consultant: Consultant will provide assistance to the Building Director by acting as the Chief Building Inspector with all the duties and responsibilities of that position. 3. Compensation: As consideration for the performance of the specified services under this Agreement, Consultant shall be compensated as follows: a. Pay of Sixty Dollars ($60) per hour for hours worked pursuant to this Agreement. Consultant shall be paid on a bi- weekly basis subject to State and Federal income tax withholding. $60 per hour shall be considered • 0 just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Consultant shall maintain and submit complete records of time worked to the Payroll Section of the City. C. This contract shall be overseen by the Building Director and the Consultant shall report to the Building Director for direct supervision. 4. Hours: It is expected that the Consultant will work 80 hours in every two -week period on a 9/80 schedule that will coincide with the building inspection staffs normal schedule. Consultant is restricted by retirement law from working in excess of 960 hours in any fiscal year which begins on July 1St and ends on June 30th of the following calendar year. Consultant agrees to not work more than 960 hours in any fiscal year under this agreement. 5. Termination: Consultant and the City both understand and agree that: a. This Agreement may be terminated at any time, without cause, by either party by giving 2 weeks prior written notice to the other party. b. This Agreement may be terminated at any time, with cause, by the City by giving 24 hours prior written notice to Consultant. C. No representative or other employee of the City, other than the City Manager, has any authority to enter into an agreement with Consultant for any specific period of time or to change the Consultant's contract for any reason. d. No promises or representations regarding regular employment have been made to Consultant and Consultant has no expectation of permanent employment with the City. e. Upon termination of the Agreement, the City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of contract expiration. 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 Consultant and the City Manager and ratified by the City Council. 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the 12th day of May, 2009. APPROVED AS TO FORM: AND CONTENT: By: Aaron Harp, Assistant City Attorney ATTEST: Attachments: Letter of Proposal Council\Hook Professional Service Agreement 5-12-09 3 CITY OF NEWPORT BEACH, A Municipal Corporation By: Y/��/Z; Homer Bludau City Manager STEVEN K. HOOK By: 14: o Steven K. Hook in (Financial Officer) Title: Print Name: 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT t1411 1 2 +�y Agenda Item No. to May 12, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Building Department Jay Elbettar, Building Director 949 -644 -3282 orjelbettar @city.newport- beach.ca.us SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH STEVEN HOOK FOLLOWING HIS RETIREMENT FOR A CONTINUATION OF CHIEF BUILDING INSPECTOR SERVICES FOR A DURATION NOT TO EXCEED SIX MONTHS ISSUE: Does the City Council desire to enter into a professional services agreement with Steven Hook to provide Chief Building Inspector Services for a duration not to exceed six months? RECOMMENDATION: Authorize the City Manager to execute the attached Professional Service Agreement with Steven Hook. Background: The City Council has a policy (F -20) regarding the hiring of former City employees. This policy requires all such contracts be approved by the City Council. Steven Hook, Chief Building Inspector, retired on May 2, 2009, after 24 years of service to the City. The City began a recruitment to fill this position as soon as Mr. Hook announced his retirement. Staff is currently conducting second interviews of the top candidates for the position. Analysis: In the interim, Mr. Hook's services would be critical to keeping the Building Department's Inspection Division running smoothly and providing the level of service that our customers have come to expect until a replacement Chief Building Inspector Approval of a Professional Sere Agreement with Steven Hook following his cement for a Continuation of Chief Building Inspector Services for a not -to- exceed 6- months duration May 12, 2009 Page 2 can be hired; #'would also be beneficial for the City to have some overlap after the new hire Is employed so that Mr. Hook's twenty -four years of knowledge of the City's building stock can be shared. The Chief Building Inspector's responsibilities include, but are not limited to: 1. Coordinating the Daily Schedule of Inspections — Insure that all Building Department Standards of service are met on a daily basis and monitors all complaints received about construction activity. Provide guidance and advice to inspection division staff about how to handle code enforcement issues. 2. Question and Answer — As one of the more experienced and well- rounded employees on technical issues as well as Department and City policies handles many of the questions that come in during the day from the public to the Building Department. 3. Assist Building Counter Personnel — The Chief Inspector is frequently called upon to assist the building permit technicians and engineers. In addition, since Building Department only has one staff member completing electrical, mechanical, and plumbing plan check, the Chief Building Inspector is frequently called upon to support the EMP Plan Examiner at the counter when he is not available because the incumbent has experience in this City doing EMP plan check and inspections. 4. Resolve Field Inspection Disputes — The Chief Inspector frequently resolves disputes about field inspection issues both in the office and at the project sites. 5. Assist Customers with Field Problems — Frequent visits to job sites at customers' request to suggest possible solutions to their problems that the Building Department can accept. 6. Assist Administrative Staff with Technical Issues — Act as a resource for Building Department administrative staff as well as other City department staff in resolving a variety of building - related issues. 7. Act as the Liaison Between Building Department and City Attorney — All inspection division actions assigned to the City Attorney are routed through the Chief Inspector. 8. Coordinate with Code and Water Quality Enforcement — Work directly with the Code Enforcement supervisor and staff on many overlapping cases and issues between building and code enforcement divisions. 9. Inspector Training — Provide and coordinate the training of the inspection staff, including holding regular inspector training meetings. Approval of a Professional Sew Agreement with Steven Hook following hisoement for a Continuation of Chief Building Inspector Services for a not -to- exceed 6- months duration May 12, 2009 Page 3 10.Monitor Field Inspection Quality — Insure that field inspection quality is at an acceptable level and isolate areas where additional training is required. 11.Inspection Division Reviews / Administer Discipline — Write or review all evaluations in the Inspection Division. Carry out disciplinary actions in the Inspection Division when necessary. 12.Represent the Building Department — Provide Building Department representation on several City -wide committees as well as outside code organization meetings. 13.Provide Information Technoloav (IT) Division with Functional Information — Coordinate and work closely with IT staff to develop and maintain Building Department systems. Government Code Section 21221, which governs re- employment of CalPERS retirees, provides: "Retired persons may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as follows: (h) Upon appointment by the governing body of a contracting agency to a position deemed by the governing body to be of a limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. These appointments, in addition to any made pursuant to Section 21224, shall not exceed a total for all employers of 960 hours in any fiscal year.' The contract being proposed by the Building Director would be for a not to exceed six - month duration, although the contract could be ended upon two weeks' notice by either party. The contract calls for Mr. Hook to be paid $60 per hour for time worked. This is equivalent to his salary as a City employee, without benefits. Fiscal Impact: Mr. Hook's total compensation for the fiscal year is included in the current budget. The City will actually pay less under this contract than the City would contribute to his total compensation package if he remained an employee. Should Mr. Hook work the duration of the contract, the City would save $18,400 in unpaid benefits. Environmental Review: The City Council's approval of this agenda item does not require environmental review because the proposed agreement is not a project for purposes of the California Environmental Quality Act. Approval of a Professional Se* Agreement with Steven Hook following his Oement for a Continuation of Chief Building Inspector Services for a not -to- exceed 6- months duration May 12, 2009 Page 4 Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the council considers the item). Submitted by: ay E Building Department Director Attachment: Professional Services Agreement Employee Services Letter CoundhHook consulting services 5 -12 -09 staff rep Steven K. Hook 23935 Via La Coruna Mission Viejo, CA 92691 (949) 859 -7793 April 23, 2009 Jay Elbettar Building Director City of Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 0 SUBJECT: Consulting Services /Fill Chief Building Inspector Position until a Replacement is Found Dear Mr. Elbettar: In a recent meeting about my upcoming retirement we discussed the importance to the Building Department of keeping the Chief Building Inspector position filled and limiting its vacancy if at all possible. This position interacts heavily with all sections of the Building Department and all other City departments involved in the development process as well as the general public. To have that position vacant for any length of time will almost certainly have a negative impact on our level of service to the public. My current plan for the time immediately following my retirement is to take a trip to Florida from May 4, 2009, to May 16, 2009. 1 am available beginning on Monday, May 18, 2009, to return as a Contract Chief Building Inspector to fill the position until a permanent replacement can be found or until the limit of time is reached that I am allowed to work in one year and continue to draw my pension from PERS. Fee My fee for services would be $60 per hour to be paid bi- weekly. Please contact me if you have any questions or would like revisions to this proposal. Sincerely, Steven K. Hook 0 0 PROFESSIONAL SERVICES CONSULTANT AGREEMENT FOR STEVEN HOOK TO PROVIDE CHIEF BUILDING INSPECTOR SERVICES TO THE CITY FOLLOWING HIS RETIREMENT FOR A PERIOD NOT TO EXCEED SIX MONTHS IN DURATION THIS AGREEMENT is made effective as of the 18th day of May, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Steven K. Hook, an individual, whose address is 23935 Via La Coruna, Mission Viejo, CA 92691 ( "Consultant"), 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. Consultant has been employed by the City since 1985, and as the Chief Building Inspector since 1999. Consultant retired from regular service on May 2, 2009. C. Consultant is willing to accept a contract with the City 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 18th day of May, 2009, and terminate on the 18"' day of November, 2009, unless terminated earlier as provided in Section 5. 2. Services To Be Performed By Consultant: Consultant will provide assistance to the Building Director by acting as the Chief Building Inspector with all the duties and responsibilities of that position. 3. Compensation: As consideration for the performance of the specified services under this Agreement, Consultant shall be compensated as follows: a. Pay of Sixty Dollars ($60) per hour for hours worked pursuant to this Agreement. Consultant shall be paid on a bi- weekly basis subject to State and Federal income tax withholding. $60 per hour shall be considered 0 0 just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Consultant shall maintain and submit complete records of time worked to the Payroll Section of the City. C. This contract shall be overseen by the Building Director and the Consultant shall report to the Building Director for direct supervision. 4. Hours: It is expected that the Consultant will work 80 hours in every two -week period on a 9180 schedule that will coincide with the building inspection staffs normal schedule. Consultant is restricted by retirement law from working in excess of 960 hours in any fiscal year which begins on July 13t and ends on June 300' of the following calendar year. Consultant agrees•to not work more than 960 hours in any fiscal year under this agreement. 5. Termination: Consultant and the City both understand and agree that: a. This Agreement may be terminated at any time, without cause, by either party by giving 2 weeks prior written notice to the other party. b. This Agreement may be terminated at any time, with cause, by the City by giving 24 hours prior written notice to Consultant. C. No representative or other employee of the City, other than the City Manager, has any authority to enter into an agreement with Consultant for any specific period of time or to change the Consultant's contract for any reason. d. No promises or representations regarding regular employment have been made to Consultant and Consultant has no expectation of permanent employment with the City. e. Upon termination of the Agreement, the City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of contract expiration. 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 Consultant and the City Manager and ratified by the City Council. 2 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the 12'" day of May, 2009. APPROVED AS TO FORM: AND CONTENT: Aaron Harp, Assistant City Attorney ATTEST: Bv: Leilani Brown, City Clerk Attachments: Letter of Proposal CouncinHook Professional Service Agreement 512-09 3 CITY OF NEWPORT BEACH, A Municipal Corporation Homer Bludau City Manager STEVEN K. HOOK By: Z4:� �)- Adb!.. Steven K. Hook 13 (Financial Officer) Title: Print Name: