HomeMy WebLinkAboutC-5566 - Amended and Restated Post Retirement Temporary Employment Agreement0
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AMENDED AND RESTATED POST RETIREMENT
+ TEMPORARY EMPLOYMENT AGREEMENT
Cli WITH SHONTEL SHERWOOD FOR CUSTODY OFFICER SERVICES
THIS AMENDED AND RESTATED AGREEMENT FOR POST RETIREMENT
TEMPORARY EMPLOYMENT ("Agreement") is made effective as of the 1st day of July,
2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City") and SHONTEL SHERWOOD
("Employee") whose mailing address is
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 desires to amend and restate the Temporary Employment Agreement
("Original Agreement") entered on August 26, 2013, between the City and
Employee for temporary Custody Officer services.
C. In accordance with Government Code Section 21221(h), Employee's services
are being retained by the City as an interim appointment by the City Manager to
a vacant position during recruitment for a permanent appointment and deemed
by the City Manager to require specialized skills or are required during an
emergency to prevent stoppage of public business. Employee shall only be
appointed once to this vacant position. The Employee appointed to this vacant
position pursuant to this subdivision shall not receive any benefits, incentives,
compensation in lieu of benefits, or any other forms of compensation in addition
to the hourly rate. A retired annuitant appointed pursuant to this subdivision 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 Custody 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:
1. TERM
The term of this Agreement shall commence on August 26, 2013, or earlier as
directed, in writing, by the Chief of Police, and shall end June 30, 2015, unless
terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Custody Officer duties, as further
described in the Job Description attached hereto as Exhibit A and incorporated herein by
reference.
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 and the Newport Beach Police Department Policy 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 Thirty Three Dollars and 951100 ($33.95) 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. $33.95 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 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 any one fiscal year
(June 30 to July 1) 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 Chief of
Police 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
Shontel Sherwood Page 2
the services to be rendered pursuant to this Agreement.
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: Chief of Police
Police Department
City of Newport Beach
870 Santa Barbara Drive
PO Box 7000
Newport Beach, CA 92658-7000
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Consultant at:
Shontel Sherwood
7. 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. Furthem7ore, Employee has no expectation of Civil
Service classification, rights or status under this Agreement.
Shontel Sherwood Page 3
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.
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 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 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
Shontel Sherwood Page 4
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.
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. STANDARD PROVISIONS
13.1 Recitals. City and Employee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 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.
13.8 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.
Shontel Sherwood Page 5
13.9 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.
13.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attomeys' fees.
13.11 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)
Shontel Sherwood 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: (n - kms- l!5-
By: o
Jay Joh n �TP
Chief Police
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: —
By: o'--' � 9'�- "
AaV6n P. Harp
Cit torney
ATTEST: /
Date: 6fel
Leilani I. Brown
City Clerk
Attachments:
Exhibit A
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Dave Ki
City Manager
EMPLOYEE: Shontel Sherwood,
Employee///
Date: `7
Shontel Sherwood
Employee
c
446Z FURNY
aEW
[END OF SIGNATURES]
Job Description—Custody Officer
i
Shontel Sherwood Page 7
EXHIBIT A
JOB DESCRIPTION—CUSTODY OFFICER
DEFINITION: To perform a variety of duties in the booking of prisoners and processing
of related data; to maintain a variety of records; and to care for incarcerated prisoners at
the City jail facility.
SUPERVISION RECEIVED AND EXERCISED: Receives general supervision form
sworn staff.
ESSENTIAL DUTIES:
EXAMPLES OF ESSENTIAL DUTIES: Duties may include, but are not limited to, the
following:
Essential Job Duties
• Maintain the safe and orderly operation of the Cityjail facility;
• Book and process prisoners; type booking sheets; perform searches, fingerprinting
and photographing of prisoners,
• Monitor phone calls placed by each arrestee; arrange for medical care as needed;
• Prepare shopping lists for jail provisions; oversee the preparation of meals;
• Compile list of prisoners scheduled for court; process paperwork for transfer of
prisoners to other facilities; and
• Perform related duties as assigned.
QUALIFICATIONS:
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.•
Proper jail operations, methods, and practices; and
Basic principles and operational characteristics of photographic equipment.
Ability to:
Think and act quickly in emergencies, and judge situations and people accurately;
Learn and apply department policies and procedures,
Shontel Sherwood Page A- 1
Receive and retain confidential information;
Exercise judgment and work with a minimum of supervision;
Communicate clearly and concisely, 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.
Shontel Sherwood Page 2
3� AGREEMENT FOR TEMPORARY EMPLOYMENT
-25 WITH SHONTEL SHERWOOD
P THIS AGREEMENT for temporary employment ("Agreement") is made effective as
of the 26th day of August, 2013, by and between the City of Newport Beach, a California
Municipal Corporation and Charter City, ("Citv") and Shontel Sherwood ("Employee")
whose mailing address is with reference
to the following:
RECITALS
A. City is a municipal corporation and Charter City 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. On February 22, 2013, Employee retired from the City of Newport Beach.
C. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary non -sworn employment services
upon the terms and conditions in this Agreement based upon a finding that
Employee possesses specialized skills needed to perform work of a limited
duration.
D. Employee is willing to accept such 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
1.1 The term of this Agreement shall commence upon the 26th day of August,
2013 and shall end on the 30th of June, 2014, unless terminated earlier as provided
herein.
1.2 Employee shall not work more than nine hundred sixty (960) hours during
the term of this Agreement in accordance with the Government Code and CalPERS post
retirement employment guidelines, as outlined below. The Employee shall be responsible
for monitoring the hours worked during these time periods.
1.3 Employee may work for a CalPERS-covered public agency without
reinstatement from retirement into active employment, pursuant to Government Code
Section 21224, if all of the following conditions are met:
a. Employee 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. Employee's temporary employment will not exceed 960 -hours in a
fiscal year (July 1St through June 30th); and
C. Employee'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.
1.4 By executing this Agreement, Employee certifies pursuant to Government
Code Section 7522.56(e)(1) that during the twelve (12) months prior to execution of this
Agreement, Employee has not received any unemployment insurance compensation
arising out of prior employment with a public agency employer.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Services shall include the following: performs a variety of duties in the booking of
prisoners and processing of related data; to maintain a variety of records; and to care
for incarcerated prisoners at the City jail facility. Duties may include, but are not limited
to, the following: Maintain the safe and orderly operation of the City jail facility; Book
and process prisoners; type booking forms; perform searches, fingerprinting and
photographing of prisoners; Monitor phone calls placed by each arrestee; arrange for
medical care as needed; Prepare shopping lists for jail provisions; oversee the
preparation of meals; Compile list of prisoners scheduled for court; process paperwork
for transfer of prisoners to other facilities; Perform related duties as assigned.
All duties shall be performed in compliance with the City Charter, ordinances, current
policies, rules and regulations. Employee shall familiarize herself with the City's
Employee Policy Manual and the Newport Beach Police Department Policy 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 thirty-three dollars and ninety-five cents ($33.95) 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. The pay of thirty-three dollars and ninety-five cents ($33.95) per
hour shall be considered fair and just compensation and pursuant to Government Code
Section 21224(a) no additional compensation, incentives, benefits, or holiday pay, or other
form of compensation in addition to the hourly pay rate will be provided under this
Agreement.
3.2. Employee shall maintain and submit complete records of time expended
pursuant to this Agreement and corresponding to City's payroll schedule.
4. HOURS
2
AGREEMENT FOR TEMPORARY EMPLOYMENT
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 Chief of Police or City
Manager. Employee's hours of work shall not exceed nine hundred sixty (960) hours total
during the term of this Agreement.
4.2 It is expressly understood that Employee is a nonexempt non -sworn
Employee and employment is for an "at will" position.
5. TERMINATION
Employee understands and agrees that:
5.1 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 twenty-four (24) hours prior written notice to the other parry.
5.2. Employee's at will status cannot be changed except in writing on a form
signed by the Chief of Police, City Manager and Employee.
5.3. 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.
5.4 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.
5.5 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. 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 amendment approved as to form by the City Attorney, signed by Employee,
Chief of Police, City Manager, attested to by the City Clerk, and approved as to form by
City Attorney.
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.
3
AGREEMENT FOR TEMPORARY EMPLOYMENT
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.
9. CONFIDENTIALITY
Employee shall hold and safeguard the 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 her employment with
the City or subsequent to the termination of her employment with the City for any reason,
including, without limitation, termination by the City for cause or without cause, any of the
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.
10. CONFLICTS OF INTEREST
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.
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.
11, OUTSIDE ACTIVITIES
Employee is expected to devote her full time, attention and efforts to the performance of
her assigned duties. An Employee shall not engage in any outside employment or
business activities during her workday without written authorization from the Chief of
Police. Employee shall not engage in any employment, outside activity, or enterprise
that is inconsistent, incompatible or in conflict with, or that interferes with, her ability to
perform the duties, functions, or responsibilities of her position.
Employees may obtain and/or maintain employment with persons or entities other than
the City or self-employment (outside employment) subject to approval by the Chief of
Police.
�'FANKF i ITME :7
A waiver by either party of any breach, of any term, covenant or condition contained
0
AGREEMENT FOR TEMPORARY EMPLOYMENT
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.
13. 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. 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.
15. 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.
16. NO ATTORNEYS' FEES
In the event of any dispute or legal action arising from this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
CITY OF NEWPORT BEACH, EMPLOY E:
A California Municipal Corporation
By: By �������
Dave iff Shontel Sherwood
City Manager
APPROVED AS TO FORM:
THE CITYDj EY'S OFFICE
Aaron C. Harp
City Attorney
ATTES
By:
Leilani . Brown
City Clerk
5
AGREEMENT FOR TEMPORARY EMPLOYMENT
�EW�Rr CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 11
August 13, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Jay R. Johnson, Chief of Police
949-644-3701,JJohnson@nbpd.org
PREPARED BY: Tom Fischbacher, Lieutenant
949-644-3730, TFischbacher@nbpd.org
APPROVED: b---�' `k/�
TITLE: Temporary Employment Agreement with Former City Employee,
Shontel Sherwood
ABSTRACT:
The Police Department seeks to obtain authorization to temporarily rehire a retired
employee for a period of one year or less, but not to exceed 960 hours, effective August
26, 2013, to assume the duties of Custody Officer.
RECOMMENDATION:
Authorize the City Manager to execute the attached Temporary Employment Agreement
with retired employee Shontel Sherwood to fill the position of Custody Officer until all
vacancies can be filled.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding to temporarily employ Ms.
Sherwood. Cost will be expensed to the Temporary Salaries Account in the Patrol
Division of the Police Department, 1830-7030, in an amount not to exceed $32,592.
DISCUSSION:
Council Policy F-20 states that the City Council shall review and consider any contract
the City enters into with a person employed by the City within the past five years.
Temporary Employment Agreement with Former Employee, Shontel Sherwood
August 13, 2013
Page 2
The Police Department seeks to hire Shontel Sherwood, on a limited basis and effective
on August 26, 2013, to temporarily serve as a Custody Officer.
The Police Department currently has two vacancies out of eight Custody Officer
Positions. Hiring for those positions has been delayed due to an extended contract
negotiation, recruitment, hiring, and training period with an outside vendor.
These delays have stretched the existing workforce and caused significant amounts of
overtime to meet minimum staffing levels in the jail.
Ms. Sherwood spent her entire law enforcement career with Newport Beach beginning
in September 1988 until she retired, in good standing, as a Police Sergeant in
February 2013. Ms. Sherwood possesses specialized skills and knowledge necessary
to perform the function of Custody Officer.
In accordance with Government Code Section 7522.56, the City has met the following
requirements:
1. Waited in excess of 180 days since the employee's retirement under PERS rules.
2. Ensured the employee is not earning less than the minimum, nor exceeding the
maximum of other employees in the classification.
The Temporary Employment Agreement is in compliance with Council Policy F-20:
1. On August 26, 2013, the City will engage Ms. Sherwood at $33.95 per hour, the
amount equal to a Custody Officer with similar experience. Her total
compensation will not exceed $32,592.00.
2. She will not be authorized to work or receive overtime pay.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the approval of this Temporary Employment
Agreement is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
K
Temporary Employment Agreement with Former Employee, Shontel Sherwood
August 13, 2013
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
,/y -'R. J nson
Chief of Police
Attachment: Temporary Employment Agreement for Shontel Sherwood
AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH SHONTEL SHERWOOD
THIS AGREEMENT for temporary employment ("Agreement") is made effective as
of the 26th day of August, 2013, by and between the City of Newport Beach, a California
Municipal Corporation and Charter City, ("City") and Shontel Sherwood ("Employee")
whose mailing address is with reference
to the following:
RECITALS
A. City is a municipal corporation and Charter City 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. On February 22, 2013, Employee retired from the City of Newport Beach.
C. The City desires to employ Employee on a provisional "at will' basis and to enter
into an Agreement with Employee for temporary non -sworn employment services
upon the terms and conditions in this Agreement based upon a finding that
Employee possesses specialized skills needed to perform work of a limited
duration.
D. Employee is willing to accept such 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
1.1 The term of this Agreement shall commence upon the 26th day of August,
2013 and shall end on the 30th of June, 2014, unless terminated earlier as provided
herein.
1.2 Employee shall not work more than nine hundred sixty (960) hours during
the term of this Agreement in accordance with the Government Code and CaIPERS post
retirement employment guidelines, as outlined below. The Employee shall be responsible
for monitoring the hours worked during these time periods.
1.3 Employee may work for a CalPERS-covered public agency without
reinstatement from retirement into active employment, pursuant to Government Code
Section 21224, if all of the following conditions are met:
a. Employee 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. Employee's temporary employment will not exceed 960 -hours in a
4
fiscal year (July 1st through June 30th); and
C. Employee'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.
1.4 By executing this Agreement, Employee certifies pursuant to Government
Code Section 7522.56(e)(1) that during the twelve (12) months prior to execution of this
Agreement, Employee has not received any unemployment insurance compensation
arising out of prior employment with a public agency employer.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Services shall include the following: performs a variety of duties in the booking of
prisoners and processing of related data; to maintain a variety of records; and to care
for incarcerated prisoners at the City jail facility. Duties may include, but are not limited
to, the following: Maintain the safe and orderly operation of the City jail facility; Book
and process prisoners; type booking forms; perform searches, fingerprinting and
photographing of prisoners; Monitor phone calls placed by each arrestee; arrange for
medical care as needed; Prepare shopping lists for jail provisions; oversee the
preparation of meals; Compile list of prisoners scheduled for court; process paperwork
for transfer of prisoners to other facilities; Perform related duties as assigned.
All duties shall be performed in compliance with the City Charter, ordinances, current
policies, rules and regulations. Employee shall familiarize herself with the City's
Employee Policy Manual and the Newport Beach Police Department Policy 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 thirty-three dollars and ninety-five cents ($33.95) 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. The pay of thirty-three dollars and ninety-five cents ($33.95) per
hour shall be considered fair and just compensation and pursuant to Government Code
Section 21224(a) no additional compensation, incentives, benefits, or holiday pay, or other
form of compensation in addition to the hourly pay rate will be provided under this
Agreement.
3.2. Employee shall maintain and submit complete records of time expended
pursuant to this Agreement and corresponding to City's payroll schedule.
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AGREEMENT FOR TEMPORARY EMPLOYMENT 5
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 Chief of Police or City
Manager. Employee's hours of work shall not exceed forty (40) hours per week nor
exceed nine hundred sixty (960) hours total during the term of this agreement.
4.2 It is expressly understood that Employee is a nonexempt non -sworn
Employee and employment is for an "at will" position.
5. TERMINATION
Employee understands and agrees that:
5.1 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 twenty-four (24) hours prior written notice to the other party.
5.2. Employee's at will status cannot be changed except in writing on a form
signed by the Chief of Police, City Manager and Employee.
5.3. 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.
5.4 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.
5.5 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. 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 amendment approved as to form by the City Attorney, signed by Employee,
Chief of Police, City Manager, attested to by the City Clerk, and approved as to form by
City Attorney.
4aJ*QKi]M:J:7Is] WIWI!:74=1Ui14Lik&I
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.
3
AGREEMENT FOR TEMPORARY EMPLOYMENT s
8. 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.
9. CONFIDENTIALITY
Employee shall hold and safeguard the 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 her employment with
the City or subsequent to the termination of her employment with the City for any reason,
including, without limitation, termination by the City for cause or without cause, any of the
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.
10. CONFLICTS OF INTEREST
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.
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.
11. OUTSIDE ACTIVITIES
Employee is expected to devote her full time, attention and efforts to the performance of
her assigned duties. An Employee shall not engage in any outside employment or
business activities during her workday without written authorization from the Chief of
Police. Employee shall not engage in any employment, outside activity, or enterprise
that is inconsistent, incompatible or in conflict with, or that interferes with, her ability to
perform the duties, functions, or responsibilities of her position.
Employees may obtain and/or maintain employment with persons or entities other than
the City or self-employment (outside employment) subject to approval by the Chief of
Police.
12. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
4
AGREEMENT FOR TEMPORARY EMPLOYMENT
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.
13. 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.
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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.
15. 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.
16. NO ATTORNEYS' FEES
In the event of any dispute or legal action arising from this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
CITY OF NEWPORT BEACH, EMPLOYEE:
A California Municipal Corporation
in
Dave Kiff
City Manager
APPROVED AS TO FORM:
THE CITY A TORNEY'S OFFICE
B)
Aaron C. Harp
City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
0
Shontel Sherwood
5
AGREEMENT FOR TEMPORARY EMPLOYMENT $