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HomeMy WebLinkAbout09 - Authorization to Retain Tom RossmillerCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 January 12, 2010 TO: . .. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager (949) 644 -3222, swood @newportbeachca.gov Chris Miller, Harbor Resources Manager (949) 644 -3043, cmiller @newportbeachca.gov SUBJECT: Authorization to Retain Tom Rossmiller (retired employee) on a Part-Time Basis ISSUE: Should the City continue to retain Tom Rossmiller, a retired City employee, for consulting services related to Newport Bay issues? RECOMMENDATION: Authorize the City Manager and City Clerk to execute Amendment No. 1 to the Professional Services Agreement for part-time work associated with Newport Bay for a not to exceed cost of $23,000. DISCUSSION: Council Policy F -20 requires City Council approval before the City may hire a retired City employee for work if that person has been retired for fewer than five (5) years. Tom Rossmiller, former Harbor Resources Manager, had worked for the City for about five years, having served previously with the County of Orange as a Coastal Engineer for about 30 years, often in the context of working on the Upper and Lower Newport Bays. Tom Rosmiller has been consulting for the City for nearly two years. Tom Rossmiller's current role with Harbor Resources is diminishing but his assistance is still needed occasionally with a few key projects including: • Upper Newport Bay Dredging • Lower Newport Bay Dredging • Eelgrass • Moorings • Harbor Fee Study • Inter - Agency Agreements within the Harbor and Bay • And more, as needed. PSA with Tom Rossmiller January 12, 2010 Page 2 TERMS OF THE AGREEMENT: Tom Rossmiller is proposing to work approximately 360 hours at the same hourly rate as provided in his current contract ($63.20), for a total cost of not more than $23,000. This Professional Services Agreement will commence immediately and expire on December 31, 2010. Funding has been budgeted in FY 2009 -10, account 2371 -8080 for $23,000. ENVIRONMENTAL REVIEW: The City Council's approval of this Agenda Item does not require environmental review. PUBLIC NOTICE: This agenda item has been 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: Sharon Wood Assistant City Manager Prepared by: Chris Miller Harbor Resources Manager Attachments: Amendment No.1 to Professional Services Agreement AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TOM ROSSMILLER FOR NEWPORT BAY - RELATED CONSULTING THIS AMENDMENT NO, 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this _ day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and TOM ROSSMILLER an individual whose address is 209 Keystone Way, Eagle Point, OR 97524 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On March 31, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," to assist the Harbor Resources Manager on issues such as the Harbor Area Management Plan, Upper and Lower Newport Bay dredging, eelgrass, harbor fee issues, moorings, and inter - agency agreements regarding the harbor, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to extend the term of the AGREEMENT to December 31, 2010 and to increase the total compensation. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2010. 1.1 Consultant 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. 1.2 Consultant may work for a CalPERS- covered public agency without reinstatement from retirement into active employment, per Government Code section 2122(h), if all of the following conditions are met: a. Consultant has specialized skills needed to perform work of limited duration or his /her employment is needed during an emergency to prevent stoppage of public business; b. Consultant's temporary employment will not exceed 960 -hours in a fiscal year (July 15t through June 30th); and C. Consultant'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. COMPENSATION City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT at an hourly rate of Sixty Two Dollars and 30/100 ($62.30). Consultant's total amended compensation for all work performed in accordance with this Agreement and all amendments thereto, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty One Thousand Dollars and no /100 ($131,000) without prior written authorization from City. 2.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty Three Thousand Dollars and no /100 ($23,000.00), without prior written authorization from City. 3. INTEGRATED CONTRACT 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. 'r: IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A Municipal Corporation By: David R. Hunt City Attorney ATTEST: By: Leilani I. Brown, City Clerk Attachments: By: Keith Curry Mayor CONSULTANT: Tom Rossmiller IS Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 9 Tom Rossmiller Exhibit A Scope of Services Tom Rossmiller shall provide consulting, advice, attendance at meetings and teleconferences, and other tasks as directed by the Harbor Resources Manager with the following issues: • Upper Newport Bay Dredging • Lower Newport Bay Dredging • Eelgrass ■ Moorings ■ Harbor Fee Study • Inter - Agency Agreements within the Harbor and Bay ■ And more, as needed. 4 Exhibit B Schedule of Billing Rates 1. Tom Rossmiller's hours worked shall be billed at $62.30 per hour. 2. Tom Rossmiller may use the City's payroll system to record his hours. 3. Travel and meetings shall be funded at the discretion of the Harbor Resources Manager and the Assistant City Manager. 5