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Home My WebLink About07 - Consultant Agreement with Wes MorganCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item 7 July 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 949/644 -3000 or hbludau @city.newport- beach.ca.us SUBJECT: Council Approval of a Consultant Agreement with Wes Morgan for Six Months upon His Retirement from the City ISSUE: Does the City Council want to enter into a six -month agreement with Wes Morgan for consultant services related to the OASIS and Sunset Ridge Park projects? RECOMMENDATION: Enter into the proposed agreement. DISCUSSION: Background: Wes Morgan has been serving as the Recreation & Senior Services Department Director for the past two years. When he was hired, he committed to serving for two years, but from the beginning, he expressed his desire to retire at the end of two years. His retirement date is July 25, 2008. Mr. Morgan has done an exceptional job during those two years. He and his staff opened the Newport Coast Community Center, which has program offerings that keep the Center busy on a daily basis. He has been instrumental in moving the OASIS planning process forward to where the architect has completed 85% of the plans and specifications for the project. We expect to break ground early next year, and plans have been made to maintain as many of the OASIS programs in offsite facilities as possible. In addition, he has been a key person in moving the Sunset Ridge Park planning process along to where that project is now in conceptual design, with both the baseball and soccer groups pleased with the outcome. His ability to work with neighborhood and sports groups has been shown to be outstanding. He has high credibility with his PB &R Commission, sports groups, interest groups and neighborhood groups. He is well respected by his staff and his peers on the City Executive Management Team. City Council has repeatedly expressed its faith in his ability to successfully guide projects and meet deadlines. Council Approval of a Consultant Agreement with Wes Morgan July 8, 2008 Page 2 The City Manager believes the City would be well served if Mr. Morgan would remain involved in these projects for an additional six months upon his retirement. He is willing to do so. City Council Policy F -20 was established in 1997 to guide the hiring of City employees within five (5) years after their retirement or after leaving City employment. It requires such contracts go before the City Council for approval to ensure the hiring is based on solid reasoning, expertise and need. The proposed agreement reflects that as a consultant, Mr. Morgan's hours would not exceed 12 hours per week, and any change to that number of hours would need the City Manager's authorization. As a consultant, Mr. Morgan would be paid $75 for each hour worked. Both Mr. Morgan and the City believe there will be many weeks where the hourly maximum will not be reached. The City Manager believes the F -20 Council Policy was created just for the type of situation that Mr. Morgan is being retained for. With a new Director being hired to replace Mr. Morgan, the City Manager and the City Council want to ensure the OASIS and Sunset Ridge Park projects continue to move forward smoothly and on schedule, and the retention of Mr. Morgan through a consultant agreement will further that desired result. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: 9*11)z H mer Bludau"' City Manager CONSULTANT AGREEMENT FOR RETIRED EMPLOYEE This Agreement is made effective as of the 28th day of July, 2008, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and WES MORGAN whose address is 640 Lemon Hill Terrace, Fullerton, CA 92832 ( "Consultant ") with reference to the following: RECITALS A. Consultant has been employed by the City since 2006 as the Recreation & Senior Services Director. Consultant is retiring from regular service. B. Consultant is willing to accept a contract 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 28th day of July 2008. 2. Services To Be Performed By Consultant: Consultant will provide assistance to City Manager and the Recreation & Senior Services Director by working on the planning and development of the OASIS Senior Center and Sunset Ridge Park projects. This will include attendance at regular meetings, working with consultants, architects, project interest groups and City staff. Consultant will help prepare reports and participate in continued outreach necessary for progress on the projects. 3. Compensation: As consideration for the performance of specked services under this Agreement Consultant shall be compensated as follows: a. Pay of Seventy -Five Dollars ($75) 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. $75 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Consultant shall maintain and submit complete records to the City Manager of time expended pursuant to this Agreement on a monthly basis. 4. Hours: Hours of work are not guaranteed. Consultant's services will be provided on an as needed, per project basis. Hours of work shall not exceed twelve (12) hours per week for a period of six (6) months, until January 28, 2009, unless additional hours are authorized in writing by the City Manager. 5. Termination: Consultant understands and agrees that: a. This agreement 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. 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. C. No promises or representations regarding regular employment have been made to Consultant and Consultant has no expectation of permanent employment with the City. d. Upon termination of this 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 Employee and Human Resources Manager. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year written above. APPROVED AS TO FORM AND CONTENT: By: Aaron C. Harp, Assistant City Attorney ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Homer Bludau, City Manager EMPLOYEE: By: Wes Morgan 2 F -20 CONTRACTS WITH FORMER CITY EMPLOYEES PURPOSE To establish a city policy regarding contracting with former city employees. POLICY When not more than 5 years has passed since a person who is a former City employee has left service with the City: 1. All professional services contracts with former city employees or temporary employment contracts with retiring or former city employees shall require approval of the City Council; and 2. Council approval shall also be required for professional services contracts with a corporation or other business entity owned or operated by a former. City employee or that employs a former City employee. Adopted - November 10, 1997 Amended - March 9,1998 Amended - March 22,1999 Amended - April 8, 2003 Formerly J -1 1