HomeMy WebLinkAboutC-5250 - Agreement for Temporary Employment for Paralegal ServicesAGREEMENT FOR TEMPORARY EMPLOYMENT
WITH MARY BINNING FOR
CONTRACT ATTORNEY SERVICES
THIS AGREEMENT FOR TEMPORARY EMPLOYMENT ( "Agreement ") is made
effective as of the 19th day of August, 2013 ( "Effective Date "), by and between the City of
Newport Beach, a California Municipal Corporation and Charter City ( "City ") and Mary
Binning ( "Employee "), whose mailing address is 22611 Albares, Mission Viejo, CA 92691
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. City requires temporary assistance of a Contract Attorney in the City Attorney's
Office.
C. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Contract Attorney employment
( "Position ") services upon the terms and conditions set forth in this Agreement.
D. Employee is willing to accept such temporary 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
The term of this Agreement shall commence upon the Effective Date and shall
terminate December 31, 2014, unless terminated earlier as provided herein, or an
extension to this date is mutually agreed to in writing by both City and Employee.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1. Services shall include the following: See job description, attached hereto
as Attachment A and incorporated herein by reference ( "Services" or "Work").
2.2. All duties shall be performed in compliance with City ordinances, policies,
rules and regulations. Employee shall familiarize him or herself with the City's
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.
2.1 Employee shall maintain a State of California Bar License Membership in
Active status for the term of this Agreement.
3. COMPENSATION
11, As consideration for the performance of specified Services under this
Agreement, Employee shall be compensated as follows:
3.1.1. Pay of Sixty Dollars and 00 /100 ($60.00) per hour, as Contract
Attorney, 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. Sixty Dollars and 001100 ($60.00) per
hour shall be considered just compensation and no additional benefits or holiday pay
will be provided under this Agreement, except that Employee shall be enrolled in the
Public Agency Retirement System ( "PARS ").
3.1-2. Employee shall maintain and submit complete records of time
expended pursuant to this Agreement and corresponding to City's payroll schedule.
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 1000 hours for the term of this Agreement.
4.2 It is expressly understood that Employee is an Exempt Employee under
the Fair Labor Standards Act and employment is for a provisional, "at will" position.
4.3 Hours worked per workweek shall not exceed 40, unless expressly
approved by the City Attorney staff in advance.
its 7i5IUWAaril.'
5.1. Employee understands and agrees that:
5.1.1. 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.
5.1.2. Provisional Employee shall mean any person who, pursuant to an
Appointment, contract or otherwise, performs work that is generally identified in the
Annual Budget and is of limited duration or seasonal in nature.
5.1.3. Employee's employment status cannot be changed except in
writing on a form signed by the City Attorney, City Manager and Employee.
Employment Agreement Mary Binning Page 2
5.1.4. 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.
5.1.5. 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,
5.1.6. 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. 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.
7. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "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.
Employee shall hold and safeguard 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
confidential information, whether or not developed by Employee, except as required in the
performance of Employee's duties to the City. All Documents, including, but not limited
to, 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.
9. CONFLICTS OF INTEREST
9.1. 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
Employment Agreement Mary Binning Page 3
Agreement, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
9.2. 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.
10. OUTSIDE ACTIVITIES
10.1. 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 /her 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 /her ability to perform the
duties, functions, or responsibilities of his /her Position.
10.2. Employees may obtain and /or maintain employment with persons or
entities other than the City or self - employment (outside employment) subject to written
approval by the City Attorney.
11. STANDARD PROVISIONS
11.1. Recitals. City and Employee acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
11.2. 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.
11.3. 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 whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
11.4. Conflicts or Inconsistencies. in the event there are any conflicts or
inconsistencies between this Agreement and the Job Description or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.5. 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 authorship of the Agreement or any other rule of
construction which might otherwise apply.
11.6. Amendments. This Agreement may be modified or amended only by a
written document executed by both Employee and City and approved as to form by the
City Attorney.
Employment Agreement Mary Binning Page 4
11.7. 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.
11.8. 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, State of California.
11.9. No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
11.10. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
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Employment Agreement Mary Binning Page 5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Dated: l ®� Z �
By:
Aaron C. Harp
City Attorney
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Dated:—
Leonie
ated:—Leonie Mulvihill
Assistant City Attorney
ATTEST:
Dated:
By:
Nth—
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: (`Z
By: �'-
Da ' iff
City Manager
EMPLOYEE:
Dated:
By:i
Mary Binni
[END OF SIGNATURES]
Mary Binning Temporary Employment Agreement Page 2
Attachment A
Job Description
Duties may include, but are not limited to, the following
Advise: Assist in providing legal advice to the City Council, departments, and various boards and commissions through:
(1) performing legal research on issues of law related to the operations of the City and preparing legal memoranda and
documents, including written and oral opinions; (2) drafting and reviewing ordinances, resolutions, agreements, contracts,
deeds, leases and other legal documents and instruments; (3) investigating claims and complaints against the City and
assisting in the development of recommendations for appropriate action; and (4) serving as advisor to boards and
commissions in the absence of the Assistant City Attorneys and City Attorney and serve as legal advisor to the City Council
in the absence of the City Attorney and Assistant City Attorney; and
• Represent Assist in representing the City before State of California and Federal courts and administrative agencies by:
(1) providing legal, factual, and representative support to the Assistant City Attorneys and the City Attorney in pending
litigation matters; (2) drafting pleadings and assisting in the discovery process; (3) assisting in preparation for hearings,
trials and administrative proceedings in which the City is a party or has an interest; (4) appearing on behalf of the City, its
officers and employees, before State of California and Federal courts and administrative agencies; and (5) supporting and
assisting outside consultants and legal counsel as assigned; and
• Enforce: Assist in developing code enforcement cases and in representing the City in proceedings; assist in advising City
personnel on code enforcement matters; and
Administer. Assist in: (1) developing, planning and implementing the goals and objectives of the Office of the City
Attorney; (2) coordinating Office of the City Attorney activities with other City departments, outside agencies and
organizations as assigned; (3) providing professional and technical advice and assistance on matters related to the functions
of the Office of the City Attorney as requested; (4) assisting in the oversight, training, and evaluation of administrative
support staff; and (5) serve as Acting City Attorney in the absence of the City Attorney and Assistant City Attorneys; and
• Perform related duties and assignments as directed by the Assistant City Attorneys and the City Attorney,
Employment Agreement Mary Binning Page A -1
LIN AMENDMENT NO, TWO TO
AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH MARY BINNING FOR PARALEGAL SERVICES
THIS AMENDMENT NO. TWO TO AGREEMENT FOR EMPOF A Y
> EMPLOYMENT ( "Agreement ") is made and entered into as of the sy day of A�
2013, by and between the CITY OF NEWPORT BEACH, a California municip
corporation and charter city ( "City "), and Mary Binning, ("Employee") whose mailing
address is 22611 Albares, Mission Viejo, CA 92691 with reference to the following:
RECITALS
A. On September 17, 2012, City and Employee entered into a Temporary
Employment Agreement ( "Agreement") for paralegal services on a provisional at-
will basis in the City Attorney's Office (`Position ").
B. On December 21, 2012, City and Employee entered into Amendment No. One to
the Agreement to extend the term of the Agreement to March 31, 2013.
C. City desires to enter into this Amendment No. Two to extend the term of the
Agreement to October 31, 2013.
D. City and Employee mutually desire to amend this Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: `The term of this Agreement shall commence upon the Effective Date and
shall terminate October 31, 2013, unless terminated earlier as provided herein, or an
extension to this date is mutually agreed to in writing by both City and Employee."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement, as amended shall remain unchanged and shall be in full
force and effect.
[SIGNATURES ON NEXT PAGE]
IN WETNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Dated: 1 ° 2 c
A o--
Aaron C. Harp
City Attorney
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Dated: : Va .I
Bp�y, L--
Leonie Mulvihill
Assistant City Attorney
ATTEST: / j
Dated:
By. Lei
lani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: 5' 2.2-4 I"'t,
By "Q—
Da ' iff
City Manager
EMPLOYEE:
Dated: ,_� `
By: 1A-4
Mary Binni
f #:I1Z*1;&irC 1 Ta%tIL- 1
Mary Binning Temporary Employment Page 2
AMENDMENT NO. ONE TO
AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH MARY BINNING FOR PARALEGAL SERVICES
THIS AMENDMENT NO. ONE TO AGREEMENT FOR TEMP O�LOYMENT
( "Agreement') is made and entered into as of the _ ,� . day of-N e , 12, by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City ") and Mary Binning, ( "Employee ") whose mailing address is 22611
Albares, Mission Viejo, CA 92691 with reference to the following:
RECITALS
A. On September 17, 2012, City and Employee entered into a Temporary
Employment Agreement ( "Agreement ") for paralegal services on a provisional at-
will basis in the Office of the City Attorney ( "Position ").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to March 31, 2013.
C. City and Employee mutually desire to amend this Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of this Agreement shall commence upon the Effective Date and
shall terminate March 31, 2013, unless terminated earlier as provided herein, or an
extension to this date is mutually agreed to in writing by both City and Employee.
2, INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
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Mary Binning Temporary Employment Agreement Page 1
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates below.
CITY OF NEWPORT BEACH,
A Californiaf Municipal Corporation
Dated: ( 3 U/ ( 2
By: C
Aaron C. Harp
City Attorney
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Dated: < <
By.
.onie NMulvihill
Assistant City Attorney
ATTEST:
Dated: 0 d—
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: I Z4 131 l Z
By:
Da'Vid Kiff
City Manager
EMPLOYEE:
Dated: I t- 30- a-
�'fioaN�
[END OF SIGNATURES]
Mary Binning Temporary Employment Agreement Page 2
AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH MARY BINNING FOR
PARALEGAL
THIS AGREEMENT FOR TEMPORARY EMPLOYMENT ( "Agreement ") is made
effective as of the 13 4i, day of September, 2012 ( "Effective Date "), by and between the
City of Newport Beach, a California Municipal Corporation ( "City ") and Mary Binning,
( "Employee) whose mailing address is 22611 Albares, Mission Viejo, CA 92691 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. City requires temporary assistance in the Office of the City Attorney for paralegal
services.
C. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary paralegal employment
( "Position ") services upon the terms and conditions in this Agreement.
D. Employee is willing to accept such temporary employment on the terms and
conditions set forth in this Agreement.
NOUN, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence upon the Effective Date and shall
terminate December 1, 2012, unless terminated earlier as provided herein, or an extension
to this date is mutually agreed to in writing by both City and Employee.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1. Services shall include the following: See job description, attached hereto
as Attachment A and incorporated herein by reference ( "Services" or "Work ").
2.2. All duties shall be performed in compliance with City ordinances, policies,
rules and regulations. Employee shall familiarize him or herself with the City's
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.
2.3. City and Employee mutually agree and understand that although
Employee may be licensed as an attorney at law by the State of California, Employee's
services under this Agreement are limited to the Services set forth in Attachment A, and
do not under any circumstances include the practice of law. Employee understands and
hereby agrees that under no circumstances shall Employee advise, represent, or
purport to represent the City of Newport Beach or act as an attorney on behalf of the
City of Newport Beach, its City Council, City Officers and employees.
3. COMPENSATION
3.1. As consideration for the performance of specified Services under this
Agreement Employee shall be compensated as follows:
3.1.1. Pay of Thirty Seven Dollars and 78/100 ($37.78) per hour, as
Paralegal, 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. Thirty Seven Dollars and 78/100 ($37.78)
per hour shall be considered just compensation and no additional benefits or holiday
pay will be provided under this Agreement.
3.1.2. 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 1200 hours for the term of this Agreement.
4.2 It is expressly understood that Employee is a Non - Exempt Employee
under the Fair Labor Standards Act and employment is for a provisional, "at will"
position.
4.3 Hours worked per workweek shall not exceed 40, unless expressly
approved by the City Attorney staff in advance. Hours worked in excess of 40 per
workweek shall be paid at one and one -half times the regular hourly rate.
5. TERMINATION
5.1. Employee understands and agrees that:
5.1.1. 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.
5.1.2. Provisional Employee shall mean any person who, pursuant to an
Appointment, contract or otherwise, performs work that is generally identified in the
Annual Budget and is of limited duration or seasonal in nature.
5.1.3. Employee's employment status cannot be changed except in
writing on a form signed by the City Attorney, City Manager and Employee.
5.1.4. 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.
Employment Agreement Mary Binning Page 2
5.1.5. 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.
5.1.6. 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. 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.
7. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "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.
8. CONFIDENTIALITY
Employee shall hold and safeguard 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
confidential information, whether or not developed by Employee, except as required in the
performance of Employee's duties to the City. All Documents, including, but not limited
to, 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.
9. CONFLICTS OF INTEREST
9.1. 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.
9.2. 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.
Employment Agreement Mary Binning Page 3
10. OUTSIDE ACTIVITIES
10.1. 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 /her 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 /her ability to perform the
duties, functions, or responsibilities of his /her Position.
10.2. Employees may obtain and /or maintain employment with persons or
entities other than the City or self - employment (outside employment) subject to written
approval by the City Attorney.
11. STANDARD PROVISIONS
11.1. 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.
11.2. 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 whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
11.3. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Job Description or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.4. 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 authorship of the Agreement or any other rule of
construction which might otherwise apply.
11.5. Amendments. This Agreement may be modified or amended only by a
written document executed by both Employee and City and approved as to form by the
City Attorney.
11.6. 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.
11.7. 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, State of California.
11.8. No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
Employment Agreement Mary Binning Page 4
11.9. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Employment Agreement Mary Binning Page 5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates below.
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Dated: 7 Z
By:�—
Aaron C. Harp
City Attorney
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Dated: q., i I I �y
By: VC
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Dated:
By:. ; I - 096" 4 /MI
Leilani I. 8rown
City Clerk
Exhibits: Attachment A
Temporary Employment Agreement
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: l 2a)1'L
By.
David Kiff, City Manager
for the City of Newport Beach
EMPLOYEE:
Dated: l - I ? - 602
By: 1 �t
Mary Bi - ing
Employment Agreement Mary Binning Page 6
/� f t �� t�• % r �i �� r�, t
City of Newport Beach - Class Specification Bulletin
CITY OF NEWPORT BEACH
Established Date: Jan 29, 2009
Revision Date: Apr 28, 2009
Pagel of 3
PARALEGAL Class Code:
7204
Bargaining Unit: Key & Managment Confidential
SALARY RANGE
$26.85 - $37.78 Hourly
$2,148.00 - $3,022.40 Biweekly
$4,654.00 - $6,548.53 Monthly
$55,848.00 - $78,582.40 Annually
DEFINITION:
Under general supervision, assists attorneys in the preparation and coordination of all stages of litigation and transactional
work; and performs other related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED: Receives direct supervision from the Assistant. City Attorney and general
direction from the City Attorney.
ESSENTIAL DUTIES:
Duties may include, but are not limited to, the following:
• Researches, gathers and compiles data on various legal issues, statutes, rules, precedents, facts, evidence, codes, public
records, contracts, ordinances and resolutions for the preparation of cases, legal documents and legal citation references to
assist attorneys;
• Drafts and reviews agreements, resolutions, ordinances and other legal documents for accuracy;
• Act as liaison between city Attorney, Risk Manager and outside legal counsel for tort claims processing, discovery, trial
preparation including witnesses, depositions and courtroom logistics; prepares deposition summaries, trial exhibits, evidence,
notebooks and other related materials;
• Independently answers Inquiries or makes Inquiries of City staff to Interpret applicable legal requirements and provisions,
relative to the City's municipal codes, regulations, precedence, status of cases, and City procedures;
• Assists in case management issues; reviews contracts for compliance with legal requirements; selects, assembles, summarizes
and compiles substantive information on case status, opinions, and specific legal subjects;
• Meets with members of the public to discuss and resolve disputes related to municipal code enforcement;
• Delivers, files, and picks up documents from various courts, law offices and other locations;
• Communicates with elected public officials and their staff, law firms, companies and organizations doing business with the
City; contacts City staff and other persons; and
• Perform related duties as assigned.
OUALIFICATIONS:
To perform this job successfully, an individual must be able to perform each essential function. The
requirements listed below are representative of the knowledge, skill, and /or ability required.
Knowledge of:
Applicable state and federal legal principles and procedures;
Legal terminology and procedures;
Legal research procedures and form;
http:// agency.g overmnentjobs .con/newportbeachldefault.cfm ?action= specbulletin &ClassS... 9/14/2012
City of Newport Beach - Class Specification Bulletin Page 2 of 3
Applicable court rules, time deadlines and other related requirements;
Principles and methods of legal writing and documents preparation;
Advanced English language usage, spelling, grammar and punctuation; and
Modem office procedures, methods and computer equipment and software, including word processing, document management,
case management and calendaring software.
Ability to:
Coordinate and implement case discovery tasks;
Effectively research and extract pertinent data from a variety of sources in the preparation of legal cases and documents;
Read, interpret and apply pertinent codes, laws, ordinances and statutes;
Draft and review a variety of legal documents;
Initiate and compose correspondence;
Respond accurately to requests and inquiries;
Provide effective assistance with trial preparation and at trial;
Conduct effective interviews;
Work independently, using judgment in making decisions within scope of authority;
Analyze problems, evaluate alternatives and make appropriate legal recommendations;
Organize and schedule work to meet deadlines;
Operate a personal computer and use associated software Including word processing, document management, and case
management and calendaring software;
Establish and maintain effective working . relationships with city officials, staff, court personnel, outside counsel and the public.
Communicate clearly, concisely and effectively, both orally and In writing;
Appear for work on time;
Follow directions from a supervisor;
Understand and follow posted work rules and procedures;
Accept constructive criticism; and
Establish and maintain cooperative working relationship with those contacted in the course of work.
A combination of experience and training that would likely provide the required knowledge and abilities may be qualifying. A
typical way to obtain the knowledge and abilities would be:
Experience: Two years of responsible journey -level paralegal experience.
Tr-dinino: Equivalent to satisfactory completion of a program in paralegal or legal assistant studies from an American Bar
Association accredited institution. Successful completion of at least two years of education at an ABA accredited law school may
be substituted for the completion of a paralegal or legal assistant program.
License /Certificate: Possession of, or ability to obtain, an appropriate, valid California driver's license. Individuals who do not
meet this requirement due to physical disability will be reviewed on a case -by -case basis.
Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background
review, including being fingerprinted by Newport Beach Police Department.
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City of Newport Beach - Class Specification Bulletin
Page 3 of 3
Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the
event of a disaster, are considered disaster service workers and may be asked to respond accordingly.
http://agency.govemmentj obs.com/newportbeach/default.cfm ?action= specbulletin &ClassS... 9/14/2012