HomeMy WebLinkAboutC-8239-1 - Post Retirement Temporary Employment Agreement for Police Officer ServicesNAMENDMENT NO. THREE TO
Qp POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT
v WITH MICHAEL J. DUGAN FOR POLICE OFFICER SERVICES
THIS AMENDMENT NO. THREE TO POST RETIREMENT TEMPORARY
EMPLOYMENT AGREEMENT ("Amendment No. Two") is made and entered into as of
this 3rd day of September, 2019 ("Effective Date"), by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Michael J. Dugan
("Employee"), whose mailing address is on file with the City, and is made with reference
to the following:
RECITALS
A. On October 1, 2016, City and Employee entered into a Post Retirement Temporary
Employment Agreement ("Agreement') for Police Officer services to assist with
Cold Case Investigations ('Project').
B. On September 8, 2017, City and Employee entered into Amendment No. One to
extend the term of the Agreement to September 30, 2018, and to clarify the
compensation.
C. On September 25, 2018, City and Employee entered into Amendment No. Two to
extend the term of the Agreement to September 30, 2019.
D. The parties desire to enter into this Amendment No. Three to extend the term of
the Agreement to September 30, 2020.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2020, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aarbn C. Harp YAW 14 111
City Attorney
ATTEST:
Date: 091-2/-1%
By:
;lainI. rown
City Cl
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: R-ZU -19
By:
ce K. Leung
ity Manager
EMPLOYEE: Michael J. Dugan
n�+o 6f/?- Ize /g
7
By: �t
Michael J. Duaa
[END OF SIGNATURES]
Michael J. Dugan Amendment No. Three Page 2
i�-
N AMENDMENT NO. TWO TO
POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT
WITH MICHAEL J. DUGAN FOR POLICE OFFICER SERVICES
THIS AMENDMENT NO. TWO TO POST RETIREMENT TEMPORARY
EMPLOYMENT AGREEMENT ("Amendment No. Two") is made and entered into as of
this 25th day of September, 2018 ("Effective Date"), by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Michael J. Dugan
("Employee"), whose mailing address is on file with the City, and is made with reference
to the following:
RECITALS
A. On October 1, 2016, City and Employee entered into a Post Retirement Temporary
Employment Agreement ("Agreement') for Police Officer services to assist with
Cold Case Investigations ("Project').
B. On September 8, 2017, City and Employee entered into Amendment No. One to
extend the term of the Agreement to September 30, 2018, and to clarify the
compensation.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to September 30, 2019.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2019, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 4/! Z
By:
Aaron C. Harp
City Attorney
q•�L•�b
ATTEST -
Date:
Date: .0
1 I'
Leilani 1. BrownCity Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 9-26--1el
By:
r ce K. Leung
ity Manager
EMPLOYEE: Michael J. Dugan
Date: //°t Za! 8
By: J4 j /'
Michael J. Dug
[END OF SIGNATURES]
Michael J. Dugan Amendment No. Two Page 2
1
S
N AMENDMENT NO. ONE TO
pp POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT
WITH MICHAEL J. DUGAN FOR POLICE OFFICER SERVICES
THIS AMENDMENT NO. ONE TO POST RETIREMENT TEMPORARY
EMPLOYMENT AGREEMENT ("Amendment No. One") is made and entered into as of
this 8th day of September, 2017 ("Effective Date"), by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Michael J. Dugan
("Employee"), whose mailing address is on file with the City, and is made with reference
to the following:
RECITALS
A. On October 1, 2016, City and Employee entered into a Post Retirement Temporary
Employment Agreement ("Agreement") for Police Officer services to assist with
Cold Case Investigations ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement and to clarify the compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2018, unless terminated earlier as set forth herein."
COMPENSATION
Section 3 of the Agreement is amended in its entirety and replaced with the following:
"3.1 As consideration for the performance of specified Services under this
Agreement Employee shall be compensated as follows:
3.1.1 Pay of Fifty -Four Dollars and 41/100 ($54.41) per hour 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. $54.41 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.
3.1.3 In no event shall compensation exceed One Hundred Twenty
Thousand Dollars and 00/100 ($120,000.00) for the term of this Agreement."
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Michael J. Dugan Amendment No. One Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9 /
By: ✓`
Aaron C. Harp
City Attorney
ATTEST: �
Date: V I
By: am
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dav�ff
City Manager
EMPLOYEE: Michael J. Dugan
013 IZ71 7
ael J. Duq
[END OF SIGNATURES]
Michael J. Dugan Amendment No. One Page 3
o-
04 POST RETIREMENT
I
4 TEMPORARY EMPLOYMENT AGREEMENT
V WITH MICHAEL J. DUGAN FOR POLICE OFFICER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of the 1 st day of October, 2016 ("Effective Date"), by
and between the City of Newport Beach, a California municipal corporation and charter
city ("City") and Michael J. Dugan ("Employee") whose mailing address is on file with the
City, 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 the City.
B. City requires temporary Police Officer services to assist with Cold Case
Investigations.
C. In accordance with Government Code Section 21224(a), Employee's services
are being retained by the City because Employee has specialized skills needed
in performing work of limited duration. The compensation for the appointment
shall not exceed the maximum monthly base salary paid to other employees
performing comparable duties as listed on a publicly available pay schedule
divided by 173.333 to equal an hourly rate. A retired person appointed pursuant
to this section shall not receive any benefit, incentive, compensation in lieu of
benefits, or other form of compensation in addition to the hourly pay rate. A
retired annuitant appointed pursuant to this section shall not work more than 960
hours each fiscal year regardless of whether he or she works for one or more
employers.
D. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Police Officer employment
("Position") services upon the terms and conditions in this Agreement.
E. 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:
TERM
The term of this Agreement shall
directed, in writing,
terminated earlier as
iy the Police Chief,
provided herein.
commence on October 1, 2016, or earlier as
and shall end September 30th, 2017, unless
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Cold Case Investigative Services as
detailed in the "Scope of Services", attached hereto as Exhibit 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.
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 Fifty-Four Dollars and 411100 ($54.41) per hour 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. $54.41 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 Police Chief or City Manager.
Hours of work shall not exceed forty (40) hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "at will" position.
4.3 Employee shall not work more than 960 hours during the term of the
Agreement in accordance with CalPERS post retirement employment guidelines. The
Employee shall be responsible for monitoring the hours worked during these time periods
to insure full compliance.
5. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Police
Chief or designee shall be the Administrator and shall have the authority to act for City
under this Agreement. The Administrator shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
Michael J. Dugan Page 2
6. NOTICES
6.1 All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Attn: Police Chief
Police Department
City of Newport Beach
870 Santa Barbara Drive
Newport Beach, CA 92660
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Consultant at:
Michael J. Dugan
Latest address on file with City
TERMINATION
7.1 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.
7.2 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.
7.3 Employee's employment status cannot be changed except in writing on a
form signed by the Department Director, City Manager and Employee.
7.4 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.
7.5 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. Furtherrnore, Employee has no expectation of Civil
Service classification, rights or status under this Agreement.
7.6 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.
Michael J. Dugan Page 3
8. 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.
9. 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.
10. CONFIDENTIALITY
Employee shall hold and safeguard confidential inforrnation 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 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.
11. CONFLICTS OF INTEREST
11.1 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.
11.2 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.
12. OUTSIDE ACTIVITIES
12.1 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.
Michael J. Dugan Page 4
12.2 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 Department Director.
13. EMPLOYEE'S INDEPENDENT REVIEW
Employee acknowledges that he has had the opportunity and has conducted an
independent review of the financial and legal effects of this Agreement. Employee
acknowledges that he has made an independent judgment upon the financial and legal
effects of this Agreement and has not relied upon any representation of Employer, its
officers, agents or employees other than those expressly set forth in this Agreement.
Employee acknowledges that he has been advised to obtain, and has availed himself
of, legal advice with respect to the terms and provisions of this agreement.
14. STANDARD PROVISIONS
14.1 Recitals. City and Employee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
14.2 Compliance with all Laws. Employee shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Employee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Department Director and City.
14.3 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govem.
14.4 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.
14.5 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.
14.6 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.
14.7 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.
Michael J. Dugan Page 5
14.8 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.
14.9 Controlling Law and Venue. The laws of the State of California shall govem
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.
14.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
14.11 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 (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Michael J. Dugan Page 6
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
Date: rO > -
By: /
Joro. Lewis
Police Chief
APPROVED AS TO FORM:
CITY ATTOR IEY'S FFICE
Date: °I /4 �(�
By:
Aaron C. Harp
City Attorney
ATTEST: +0111.1
Date: 'lJ
6Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: t)j I->)
By:
Dave iff
City Manager
EMPLOYEE: Michael J. Dugan
Date: q17 -q 4-
[END OF SIGNATURES]
Attachments: Exhibit A: Scope of Services
Exhibit B: Post Retirement Temporary Employment Certification
Michael J. Dugan Page 7
EXHIBIT A
SCOPE OF SERVICES
Services shall include the following: Provide support to the Detective Division's Crimes
Against Persons (CAP) Unit, specifically focusing on eight unsolved "cold" homicide
cases. Services will include conducting follow-up investigations on each of the
unsolved "cold" homicide cases, in addition to organizing and finalizing the case files.
Services will also include identifying, locating, and interviewing, any witnesses, other
involved parties, or possible suspects, as well as using current technology to attempt to
uncover new evidence. Further, services shall include, but not be limited to, the analysis
and documentation of any findings. Services rendered will be investigative and
analytical in nature, but with no police powers.
All duties shall be performed in compliance with relevant statutes, policies, rules,
regulations and cold case investigatory best practices. Employee shall familiarize
himself with the City's Employee Manual and the Newport Beach Police Department
Policy Manual. At all times, Employee agrees to perform all services related to
employment hereunder faithfully and diligently and to discharge the responsibilities
thereof to the best of Employee's ability.
Michael J. Dugan Page A-1
EXHIBIT B
POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION
The City of Newport Beach ("City") and Michael J. Dugan ("Employee') are
contemplating entering a post-retirement temporary employment agreement
("Agreement') for temporary Police Officer services to assist with Cold Case
Investigations within the Police Department. Employee acknowledges that he will adhere
to the following temporary employment requirements:
• Employee shall not work more than 960 hours during each City fiscal year in
accordance with CalPERS post retirement employment guidelines.
• The Employee shall be responsible for monitoring the hours worked during each
City fiscal year to ensure full compliance.
Further, the Employee certifies the following:
"I, Michael J. Dugan, certify that I have not received any unemployment
insurance compensation arising out of prior employment with a public employer during
the last twelve (12) months. I understand that if I am receiving a pension benefit from a
public retirement system and have received any unemployment insurance
compensation arising out of prior employment with a public employer during the last
twelve (12) months, I am not eligible to serve or be employed by the City of Newport
Beach pursuant to Government Code Section 7522.56(e)(1)."
71, zo
Datef
Michael J. Dugan Page B-1