HomeMy WebLinkAboutCC AG PKT 2012-06-25 #E 4.g#37:4.,
AGENDA STAFF REPORT ;
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DATE: June 25, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager/Public Works
SUBJECT: AGREEMENT FOR AN INTERIM MAINTENANCE
SERVICES MANAGER
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6265 approving an agreement with
Jeff Watson for services as Interim Maintenance Services Manager effective July
1, 2012.
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BACKGROUND AND ANALYSIS:
After 28 years employment with the City of Seal Beach, Jeff Watson will retire
from his current position as Maintenance Service Manager effective June 29,
2012. This position manages the maintenance functions on a daily basis for the
Public Works Department and is crucial to the City's ability to provide services
such as: the City's water and sewer systems, street maintenance, facility
maintenance, drainage, etc. The public works yard is particularly busy during the
summer months with increased visitors to the beach and special events. The
City is preparing to open a recruitment to fill the vacancy. In the interim, the City
Manager desires to retain the services of Mr. Watson until a permanent
replacement is hired.
Per the agreement (Attachment B), the City will pay Mr. Watson an hourly rate of
$50 per hour at a normal work week of 28 hours per week (the City may request
that he work less or more than 28 hours per week) with no other benefits. Mr.
Watson's service will extend until December 25, 2012, the date upon which he
has worked 960 hours (CaIPERS rules), or until such time as a permanent
replacement is hired.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Agenda Item E
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Based on the terms of the agreement, the maximum amount the City will pay Mr.
Watson is $48,000 ($50/hr x 960 hours).
The source of funding for payment to Mr. Watson will be derived from the salary
of the Maintenance Services Manager that is included in the FY 2012/13 budget.
RECOMMENDATION:
That the City Council adopt Resolution No. 6265 approving an agreement with
Jeff Watson for services as Interim Maintenance Services Manager effective July
1, 2012.
SUBMITTED BY: NOTED AND APPROVED:
Sean P. Crumby / Jil R. Ingram, City Man ger
Assistant City Manager/Public Works
Prepared by: Nancy Ralsten, Management Analyst
Attachments:
A. Resolution No. 6265
B. Professional Services Agreement with Jeff Watson
Page 2
RESOLUTION NUMBER 6265
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH JEFF WATSON AS
INTERIM MAINTENANCE SERVICES MANAGER
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves an agreement between the City
and Jeff Watson, effective date July 1, 2012, as Interim Maintenance Services
Manager at a rate of$50 per hour with no other benefits.
Section 2. The Council hereby authorizes the City Manager to execute the
agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of June , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6265 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 25th day of June , 2012.
City Clerk
EMPLOYMENT AGREEMENT
INTERIM MAINTENANCE SERVICE MANAGER
Between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Jeff Watson
6321 Shields Drive
Huntington Beach, CA 92647
This agreement ("Agreement") is made and entered into on July 1, 2012, by and
between the City of Seal Beach, a charter city ("City"), and Jeff Watson, an individual.
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RECITALS
WHEREAS, it is the desire of the City to hire Jeff Watson ("Employee") to serve
on an interim basis to perform the duties of Interim Maintenance Services Manager; and
WHEREAS, Employee represents that he is qualified to perform the duties of
Interim Maintenance Services Manager.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
City and Jeff Watson hereby agree as follows:
AGREEMENT
1.0 Duties
1.1 The City hereby engages the services of Employee to perform the
functions and duties of Interim Maintenance Services Manager
("Services"). Employee is "at-will" and serves at the pleasure of the City
Manager.
1.2 Employee shall not engage in any activity, consulting service or
enterprise, for compensation or otherwise, which is actually or potentially
in conflict with or inimical to, or which materially interferes, with his duties
and responsibilities to City.
2.0 Term and Termination
2.1 Term and Effective Date. Employee shall commence his services
hereunder as of July 1, 2012 (the effective date of this Agreement).
2.2 Termination. Either City or Employee may terminate this Agreement at any
time and without cause by giving written notice to the other party of such
termination, and specifying the effective date thereof, at least 15 days before
the effective date of such termination.
3.0 Compensation
3.1 Hourly Rate. City shall pay Employee at the rate of $50 for each hour
worked. City shall pay Employee at the same time employees of the City
are paid on a bi-weekly basis.
3.2 Deductions and Withholding. City will deduct or withhold from Employee's
compensation any and all applicable federal or state income tax and all
other taxes, deductions or withholdings required by then current state,
federal or local law. The City shall issue a W-2 form to Employee.
3.3 Benefits. Employee shall not receive any benefits.
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3.4 Work Schedule. Employee shall normally work 28 hours per week, but the
City may request that he work less or more hours than 28 hours per week.
4.0 Assignment
Employee shall not assign or transfer any interest in this Agreement.
5.0 General Provisions
5.1 Compliance with Laws. Employee shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations.
5.2 Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including all
attorney's fees incurred in connection with such action or proceeding. The
venue for any litigation shall be Orange County, California.
5.3 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
5.4 Entire Agreement. This Agreement represents the entire agreement
between the parties and supersedes other agreements, either oral or in
writing, between the parties with respect to the subject matter of this
Agreement. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or
otherwise, have been made by either party, or anyone acting on behalf of
either party, which are not embodied herein, and that no other agreement,
statement of promises not contained in this Agreement shall be valid or
binding upon either party.
IN WITNESS WHEREOF, the parties have signed and executed this Agreement:
CITY OF SEAL BEACH INTERIM MAINTENANCE SERVICES
MANAGE
Jill R. Ingram, City Manager Jeff i6a on
Dated: Dated:
ATTEST: APPROVED AS TO FORM:
Linda Devine, City Clerk Quinn M. Barrow, City Attorney
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