HomeMy WebLinkAboutC-8117-1 - Post Retirement Temporary Employment Agreement for Accounting Services1
AMENDMENT NO. 1 TO
POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT
WITH ELIZABETH E. ANDREW FOR
ACCOUNTING SERVICES
THIS AMENDMENT NO. 1 TO POST RETIREMENT TEMPORARY
EMPLOYEMENT AGREEMENT ("Amendment No. 1") is made and entered into as of
this 31st day of December, 2016 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City'), and
Elizabeth E. Andrew ("Employee"), whose mailing address is 18301 Gifford Street,
Fountain Valley, CA 92708 and is made with reference to the following:
RECITALS
A. On July 18, 2016, City and Employee entered into a Temporary Employment
Agreement ("Agreement") to engage Employee to provide temporary assistance
in the Finance Department for Accounting Manager Services.
B. The parties desire to enter into this Amendment No. 1 to reflect additional
Services commencing January 1, 2017 that are not included in the Agreement,
extend the term of the Agreement to December 31, 2017, update the hourly
compensation, update the hours section, update the administration section,
update the notices section, update the termination section, update the outside
activities section and update the standard provisions section.
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 December 31, 2017 unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. COMPENSATION
Section 3.1.1 of the Agreement shall be amended in its entirety and replaced with
the following:
"Pay of Sixty Three Dollars and 001100 ($63.00) 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, Federal and Medicare income tax withholdings. Sixty Three Dollars
and 00/100 ($63.00) per hour shall be considered just compensation and no
additional benefits or holiday pay will be provided under this Agreement."
4. HOURS
Section 4.1 of the agreement shall be amended in its entirety and replaced with
the following:
"Hours of work are not guaranteed. Employee's Services shall be provided
on an as needed, per project basis, upon written request of either the
Finance Director or Public Works Director, or City Manager. Hours of work
shall not exceed 16 hours per week."
5. ADMINISTRATION
Section 5 of the Agreement shall be amended in its entirety and replaced with the
following:
"This Agreement will be administered by the Finance Department for
Services provided for the Finance Department and the Public Works
Department for Services provided for the Public Works Department. City's
Finance Director and Public Works Director 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."
6. NOTICES
Section 6.2 of the Agreement shall be amended in its entirety and replaced with
the following:
"All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Attn: Finance Director/ Public Works Director
Finance Department / Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
Elizabeth E. Andrew Page 2
7. TERMINATION
Section 7.1.2 of the Agreement shall be amended in its entirety and replaced with
the following:
"Employee's employment status cannot be changed except in writing on a
form signed by the Employee, the Finance and Public Works Directors, and
the City Manager."
B. OUTSIDE ACTIVITIES
Section 12.2 of the Agreement shall be amended in its entirety and replaced with
the following:
"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 both the Finance and Public Works Department
Directors."
9. STANDARD PROVISIONS
Section 14.4 of the Agreement shall be amended in its entirety and replaced with
the following:
"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
either the Finance or Public Works Department Director and City."
10. 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]
Elizabeth E. Andrew Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:—( ( -7 — D
By:—)
Aaron C. Harp 01.09.» -
City Attorney `?im-a'
ATTEST:
Date: I I
M_ M«
�oRNXP
P'
T1
C
By: ,A- J-/�?V&�
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ) - 914 1:7
By:
-6 atusiewicz
Finance Director
Date:
By-
David A. Webb
Public Works Director
EMPLOYEE: Elizabeth E. Andrew
Date: 11,101
By: IV
Elizabeth . Andrew
[END OF SIGNATURES]
Exhibit A - Scope of Services
Elizabeth E. Andrew Page 4
EXHIBIT A
SCOPE OF SERVICES
Amendment No. 1- Supplemental Accounting Services for the Public Works Department
• Develop reports to capture, interpret and verify financial statistics and activity related to the
Capital Improvement Program Budget.
• Assist in the reconciliation and/or closing of accounts, including associated memorandums,
reports and any necessary corrections and adjustments.
• Review of grant and Capital Improvement Project requirements; preparation of proper
project/financial documentation.
• Audit revenues and expenditures and research discrepancies; assist with revenue and fund
balances, including coordination with the City's Finance Department in posting any needed
transactions and adjustments.
Elizabeth E. Andrew Page A-1
i
POST RETIREMENT
00 TEMPORARY EMPLOYMENT AGREEMENT
WITH ELIZABETH E. ANDREW FOR ACCOUNTING SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made and entered into this 18th day of July, 2016 ("Effective Date"), by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City") and Elizabeth E. Andrew ("Employee") whose mailing address is
18301 Gifford Street, Fountain Valley, CA 92708 and is made 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. Employee is considered a retired annuitant under the rules and regulations of the
California Public Employees' Retirement System ("CalPERS").
C. City requires temporary assistance in the Finance Department for accounting
manager services.
D. Employee has specialized skills needed to perform accounting manager services
for the City.
E. City desires to employ Employee for a limited duration on a provisional "at will"
basis and to enter into an Agreement with Employee, in accordance with
Government Code Section 21224(a), for temporary accountant employment
("Services") upon the terms and conditions in this Agreement.
F. 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 the Effective Date and shall
terminate December 31, 2016, unless terminated earlier as provided herein,
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: See job description 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 Sixty Dollars and 00/100 ($60.00) 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, Federal and Medicare income tax withholdings.
Sixty Dollars and 00/100 ($60.00) 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 shall 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 16 hours per
week.
4.2 It is expressly understood that Employee is a nonexempt Employee under
the Fair Labor Standards Act and employment is for a provisional, "at will"
position.
4.3 Employee shall not work more than 960 with all CalPERS employers
combined 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.
5. ADMINISTRATION
This Agreement will be administered by the Finance Department. City's Finance
Director 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.
Temporary Employment Agreement Elizabeth E. Andrew 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: Finance Director
Finance Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Consultant at:
Elizabeth E. Andrew
18301 Gifford Street
Fountain Valley, CA 92708
7. TERMINATION
7.1 Employee understands and agrees that:
7.1.1 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.
7.1.2 Employee's employment status cannot be changed except in writing
on a form signed by the Department Director, City Manager and
Employee.
7.1.3 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.
7.1.4 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.
Temporary Employment Agreement Elizabeth E. Andrew Page 3
7.1.5 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.
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 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
Temporary Employment Agreement Elizabeth E. Andrew Page 4
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 with the City for providing the Services.
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 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
14.3 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.
14.4 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.
14.5 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.
Temporary Employment Agreement Elizabeth E. Andrew Page 5
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.
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 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.
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]
Temporary Employment Agreement Elizabeth E. Andrew Page 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: X71
By:
Aaron C. Harp ^j 3
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
n Matusiewicz
Finance Director
ATTEST: Iq �+_ EMPLOYEE: Elizabeth E. Andrew
Date: _((�� �( �/��l{16
-W
Date: [
By: By: 7P
Leilani I. Brown Elizabet E. AndKew
City Clerk
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Post Retirement Temporary Employment Certification
Temporary Employment Agreement Elizabeth E. Andrew Page 7
EXHIBIT A
JOB DESCRIPTION
Duties may include, but are not limited to, the following:
• Participate in annual and compliance audits; assist in compiling and issuing the
Comprehensive Annual Financial Report (CAFR);
• Supervise the reconciliation and balancing of the subsidiary interfaces to the
general ledger; perform internal audits as needed;
• Oversee and review the reconciliations of bank and other financial institution
statements/reports with internal cash, investment, and accounting records on an
as needed basis;
• Assist in the establishment, maintenance and administration of City
indebtedness; ensure and monitor the City's debt records and covenants for
accurate recording;
• Review the City's capital assets to ensure that they are maintained and recorded
accurately;
Perform internal audits and analyses of control systems as needed; and
Perform related duties as assigned.
Temporary Employment Agreement Elizabeth E. Andrew Page A-1
EXHIBIT B
POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION
The City of Newport Beach ("City") and Elizabeth E. Andrew ("Employee") are
contemplating entering a post-retirement temporary employment agreement
("Agreement') for temporary accounting manager services within the Finance
Department. Employee acknowledges that he will adhere to the following temporary
employment requirements:
• Employee shall not work more than 960 hours with all CalPERS employers
combined 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:
1, Elizabeth E. Andrew, 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)."
Elizabeth E. Andrew, Temporary Employee Date
Temporary Employment Agreement Elizabeth E. Andrew Page B-1