The URL can be used to link to this page

Home My WebLink About16 - BA-014 - Balboa Village Improvements - Phase IISeptember 24, 2002 CITY COUNCIL AGENDA ITEM NO. 16 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA VILLAGE IMPROVEMENTS —PHASE II TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY - AMENDMENT NO.1 RECOMMENDATIONS: 1. Approve Amendment No. 1 to the Agreement for Temporary Employment of Emmet Berkery in the amount of $33,600 and authorize the City Manager execute the Amendment. 2. Approve the transfer of $33,600 from the unappropriated balance of the General Fund to Account No. 5100 -7020 (Part -time Salaries). DISCUSSION: This Amendment would fund and extend Emmet Berkery's employment term until January 1, 2003. Mr. Berkery will assist with the project management of the Balboa Village Improvement Project - Phase 2. Emmet Berkery will continue to provide project management services for the Balboa Village Improvement Project by assisting City Staff in the following general areas: 1. Assist Staff during the pre - construction period. 2. Coordinate with Southern California Edison for the installation of new vaults in Main Street. 3. Meet with business owners and Post Office officials to discuss ways to mitigate construction impacts to deliveries, parking, and building access. 4. Assist with activities associated with the Underground Utility District. 5. Provide project management support when Project Manager is on vacation. 6. Assist with design modifications to the construction drawings. 7. Review shop drawings submitted by the contractor. Subject: Balboa Village Improvements — Phase II Temporary Employment Agreement with Emmet Berkery - Amendment No.1 September 24, 2002 Page 2 8. Attend meetings with representatives from the Balboa Inn, local businesses, and Community Associations. Mr. Berkery will continue at his negotiated rate of $70.00 per hour and will work approximately 20 hours per week. Staff is requesting the funding for Emmet Berkery's extended employment be appropriated from the unappropriated balance of the General Fund. Due to the nature of the workload, Mr. Berkery is classified as a part-time employee, therefore the funding for this work will need to be transferred to Engineering, Part-time Salaries. Respectfully WORKS DEPARTMENT G. Badum, Director By: T� D� `30- 9—v, Robert Stein, P.E. Principle Civil Engineer Attachments: Original Temporary Employment Agreement Amendment No. 1 AGREEMENT FOR TEMPORARY EMPLOYMENT This Agreement is made effective as of the 13th day of June 2001, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and Emmet Berkery, P.E. whose address is 1740 E. Garry Avenue, Suite 112, Santa Ana, CA 92705, ( "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: The term of this Agreement shall commence upon the 13th day of June 2001 and shall terminate on November 15, 2001, unless otherwise terminated under Section 5 below, and under the direction of the City Engineer. ' UM-0 S.:- ' IS a -to u.. Consultant shall provide project management services for the Balboa Village Improvement Project through assistance to City staff in the following general areas: a. Assist in Preparing construction and access easement agreements. Meet with property owners to discuss the easement agreements. Facilitate arrangements for entry onto private property for construction of hardscape, landscape or utility improvements. b. Assist in the review of construction documents. Perform site visits to confirm accuracy of drawing and specifications. Prepare specifications as directed by the City. Review project cost estimates. c. Contact utility companies and agencies with regard to existing and proposed facilities. Meet with utility and agency representatives to facilitate potholing and relocation activities. Document all communication and coordination activities. d. Coordinate with the RWQCB and the Army Corps of Engineers for permits. e. Assist with activities associated with the undergrounding district. Attend meeting with representatives from the Balboa Inn, Balboa Theater and business and community associations. g. Assist with activities to advertise the project. h. Review shop- drawing submittals prepared by the selected contractor. i. Perform miscellaneous task as maybe requested by City staff. •u. I . .. As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $70.00 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. $70.00 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. No hours of work are guaranteed. Employee's services will be provided approximately 20 hours per week, or as agreed upon from time to time. 14111111111MRT .. .. 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. 2 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 Director of Human Resources. 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 Municipal Corporation By: Vnr-W/ Homer Bludau, City Manager Emmet Berkery, P.E., Employee APPROVED AS TO FORM AND CON By: ` (-DG� Robin L. Clauson, Assistant City AMENDMENT NO. 1 TO TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY THIS AMENDMENT NO. 1 TO THE TEMPORARY EMPLOYMENT AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 1740 E. Garry Avenue, Suite 112, Santa Ana, California, 92705, (hereinafter referred to as "Employee" is made with reference to the following: RECITALS: A. On June 13, 2001, CITY and EMPLOYEE entered into a Temporary Employment Agreement, hereinafter referred to as "AGREEMENT", for project management services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. 1 to extend the term of EMPLOYEE's employment to January 1, 2003. C. CITY desires to compensate EMPLOYEE for additional professional services needed for PROJECT. D. CITY and EMPLOYEE mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. EMPLOYEE shall be compensated for services performed pursuant to this AMENDMENT NO. 1 at the hourly rate of $70. 2. Total additional compensation to EMPLOYEE for services performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty -three thousand, six hundred and 00/100 Dollars ($33,600.00). 2003. 3. The term of the AGREEMENT shall be extended to January 1, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation AVA APPROVED AS TO FORM: Homer Bludau, City Manager City of Newport Beach By: City Attorney Emmet Berkery M f: \users\pbw\shared\agreements \fy 02- 03\emmet berkery- balboa village.doc City of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues FX] from unappropriated fund balance EXPLANATION: NO. BA- 014 AMOUNT: $33,600.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase budget appropriations to provide for a temporary employee agreement related to the Balboa Village Improvement Project, Phase II. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 General Fund Fund Balance $33,600.00 ' REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: 1 �/— /7 ^0�2 Financial pproval: AdminisVati a ice irector Date Signed: dministrative Approva;�etity Manager D Signed: City Council Approval: City Clerk Date Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Perm Part Time $33,600.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: 1 �/— /7 ^0�2 Financial pproval: AdminisVati a ice irector Date Signed: dministrative Approva;�etity Manager D Signed: City Council Approval: City Clerk Date