HomeMy WebLinkAboutC-4586 - Temporary Employment Agreement for Project AnalystTEMPORARY EMPLOYMENT AGREEMENT
WITH STEVEN BUNTING FOR
PROJECT ANALYST
THIS TEMPORARY EMPLOYMENT AGREEMENT ( "Agreement') is made
effective as of the 27 day of July, 2010, by and between the CITY OF NEWPORT BEACH,
a California Municipal Corporation ( "City ") and STEVEN BUNTING ( "Employee ") whose
mailing address is 3198 Bonn Drive, Laguna Beach, CA 92651 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. On June 30, 2010 Steve Bunting retired as Fire Marshall from the City. In
accordance with Council Policy F -20, the City Council must approve any contract
with a former City employee if that employee has been retired from the City for less
than five years.
C. On July 27, 2010 City Council authorized the City Manager to enter into a
temporary employment agreement with Employee to assist with analytical projects
in advance of filing the Assistant to the City Manager position.
C. The City desires to employ Employee on a provisional "at will' basis and to enter
into an Agreement with Employee for temporary employment as a Project Analyst
('Position ") with the City Manager's Office upon the terms and conditions in this
Agreement.
D. 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. TERM
1.1 The term of this Agreement shall commence upon the 28th day of July, 2010
and shall end 28`h January, 2011, unless terminated earlier as provided herein.
1.2 Employee shall not work more than 960 hours during the Term of this
Agreement in accordance with CalPERS post retirement employment guidelines, as
outlined below. The Employee shall be responsible for monitoring the hours worked
during these time periods.
1.3 Employee may work for a CalPERS- covered public agency without
reinstatement from retirement into active employment, per Government Code section
21221(h), if all of the following conditions are met:
a. Employee has specialized skills needed to perform work of limited
duration or his employment is needed during an emergency to
prevent stoppage of public business;
a. Employee's temporary employment will not exceed 960 -hours in a
fiscal year (July 15t through June 30th); and
b. Employee's rate of pay received will not be less than the minimum,
nor exceed the maximum that is paid to other employees performing
comparable duties.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Employee's specialized skills are required by City to perform work of limited duration to
perform specific services, including, but not limited to the following: Research and analyze
critical budget, administration, and City Council goal - related issues; track and develop or
implement a more comprehensive tracking system for citizen inquires and City Council
follow -up issues; take select citizen inquires and City Council follow -up issues involving
multiple departments and resolve them; and assist the new Fire Marshal with any
transition issues ( "Services ").
All duties shall be performed in compliance with current City ordinances, policies, rules
and regulations. Employee shall familiarize him or herself with the City's current
Employee Manual. At all times, Employee agrees to perform all Services related to
Employee's employment hereunder faithfully and diligently and to discharge the
responsibilities thereof to the best of Employee's ability. Employee's re- employment is
necessary for the City to implement certain changes per the ERIP /Restructuring item
approved by City Council on December 8, 2009, specifically to train his successor and
provide specialized skills needed.
3. COMPENSATION
As consideration for the performance of specified Services under this Agreement
Employee shall be paid Forty Dollars and no /100 ($40.00) per hour for hours worked
pursuant to this Agreement. Employee shall be paid on a bi- weekly basis corresponding
to the City's payroll schedule and Employee is subject to State and Federal income tax
withholdings.
Forty Dollars and no /100 ($40.00) per hour shall be considered just compensation and
no additional benefits or holiday pay will be provided under this Agreement. Employee
shall maintain and submit complete records of time expended pursuant to this Agreement
and corresponding to City's payroll schedule.
4. HOURS
4.1 Hours of work are not guaranteed. Employee's Services will be provided on
an as needed, per project basis, upon written request of the Department Director or City
Manager. Hours of work shall not exceed thirty-two (32) hours per week.
2
AGREEMENT FOR TEMPORARY EMPLOYMENT
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for an "at will" position.
5. TERMINATION
Employee understands and agrees that:
5.1 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.
5.2. Employee's at will status cannot be changed except in writing on a form
signed by the Department Director, City Manager and Employee.
5.3. Nothing in this agreement shall prevent, limit or otherwise interfere with the
right of the Employee to resign at any time from the temporary position with the City.
5.4 No promises or representations regarding regular, full time or permanent
employment status have been made to Employee and Employee has no expectation of
permanent employment with the City. Furthermore, Employee has no expectation of Civil
Service classification, rights or status under this Agreement.
5.5 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 Employee, Department Director, City Manager,
attested to by the City Clerk and approved as to form by the City Attorney.
7. EFFECT OF PRIOR AGREEMENTS
This Agreement supersedes any prior agreement between the City and the Employee,
except that this agreement shall not affect or operate to reduce any benefit or
compensation inuring to the Employee of a kind elsewhere provided and not expressly
provided in this agreement.
8. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
( "Documents "), prepared or caused to be prepared by Employee, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Employee or any other party.
3
AGREEMENT FOR TEMPORARY EMPLOYMENT
9. CONFIDENTIALITY
Employee shall hold and safeguard the Confidential Information in trust for the City and
shall not, without the prior written consent of the City, misappropriate or disclose or make
available to anyone for use outside the City at any time, either during his employment with
the City or subsequent to the termination of his employment with the City for any reason,
including, without limitation, termination by the City for cause or without cause, any of the
Confidential Information, whether or not developed by Employee, except as required in the
performance of Employee's duties to the City. All Documents, including drafts,
preliminary drawings or plans, notes and communications that result from the Services
in this Agreement, shall be kept confidential unless City authorizes in writing the release
of information.
10. CONFLICTS OF INTEREST
The Employee may be subject to the provisions of the California Political Reform Act of
1974 (the "Act "), which (1) requires such persons to disclose any financial interest that
may foreseeably be materially affected by the work performed under this Agreement,
and (2) prohibits such persons from making, or participating in making, decisions that
will foreseeably financially affect such interest.
If subject to the Act, Employee shall conform to all requirements of the Act. Failure to do
so constitutes a material breach and is grounds for immediate termination of this
Agreement by City.
11. OUTSIDE ACTIVITIES
Employee is expected to devote his /her full time, attention and efforts to the
performance of his or her assigned duties. An Employee shall not engage in any
outside employment or business activities during his workday. An Employee shall not
engage in any employment, outside activity, or enterprise that is inconsistent,
incompatible or in conflict with, or that interferes with, his ability to perform the duties,
functions, or responsibilities of his /her position.
Employees may obtain and /or maintain employment with persons or entities other than
the City or self - employment (outside employment) subject to approval by the
Department Director.
12. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
13. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
4
AGREEMENT FOR TEMPORARY EMPLOYMENT
authorship of the Agreement or any other rule of construction which might otherwise
apply.
14. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
15. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
16. RETIREMENT BENEFITS
Employee is responsible for obtaining accurate retirement benefit information from
CalPERS, PARS and/or Great West. City is not responsible for obtaining individual
Employee retirement benefit information and shall not provide financial or retirement
advice.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
CITY OF NEWPORT BEACH,
A California Municipal Corporation
By: C—
DaMd Kiff, City Manager
for the City of Newport Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
�q
By:
(�a�
David R. Hunt,
City Attorney
5
EMPLOYEE:
By:
Steven Bunting
ATTEST:
By:
oft—
Leilani I. Brown 1.900M
City Clerk
AGREEMENT FOR TEMPORARY EMPLOYMENT
\1 Po R"-"'
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
July 27, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL e e_e/6t
FROM: City Manager's Office
Dave Kiff, City Manager
949/644 -3002 or dkiff @newportbeachca.gov
SUBJECT: Contract approval with a former City Employee — Council Policy F -20
ISSUE:
Consider hiring former employee Steve Bunting.
RECOMMENDATION:
Authorize the City Manager to execute a contract with former City employee Steve Bunting for
analytical assistance in the City Manager's office for up to six months.
DISCUSSION:
Council Policy F -20 directs that the City Council approve any contract with a former employee, if
that employee has been retired from the City for less than five years. I want to hire former Fire
Marshal Steve Bunting to assist in the City Manager's office with analytical projects in advance
of filling the "Assistant to the City Manager" position. Mr. Bunting will not be a candidate for the
Assistant to the City Manager position.
Mr Bunting will work up to 32 hours per week for up to six months. He will be paid $40 /hour with
no benefits. His duties may include, but not be limited to:
1. Researching and analyzing critical budget, administration, and Council goal - related
issues;
2. Tracking and developing or implementing a more comprehensive tracking system for
citizen inquiries and Council follow -up issues;
3. Taking several of the citizen inquiries and Council follow -up issues and closing them
out himself, especially where they involve multiple departments; and
4. Assisting new Fire Marshal Ron Gamble with any transition issues.
A draft Professional Services Agreement with Mr. Bunting is shown as Attachment A.
Contract with Former City Employee
July 27, 2010
Page 2
F-20
s t s
Ag
To estabIlAi a city policy regarding contracting wits€ former city employees.
When not more (halt a years has passed since a person who is a former City employee
has left service with tfte City:
1. All professional services contracts with former city employees or tempnrary
employment «mtmcts with retiring or former city employees shall require
approval of the City Council; and
Z Council approval shall also be required for professional services contra with a.
corporation or other business entity awned or orated by a former City
employee or that employs a former City employee.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Submitted by:
j
t)ave ff
City Manager
Attachments: Proposed Professional Services Agreement with Mr. Bunting