HomeMy WebLinkAboutC-8696-1 - Post Retirement Temporary Employment Agreement for Principal Building Inspector ServicesIR
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POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH JOHN BURCKLE FOR PRINCIPAL BUILDING INSPECTOR SERVICES
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THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of the 25th day of May 2021 ("Effective Date"), by and
between the City of Newport Beach, a California municipal corporation and charter city
("City") and JOHN BURCKLE ("Employee") whose mailing address is PO Box 1879, Big
Bear City, California 92314, 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 Principal Building Inspector services.
C. In accordance with Government Code Section 21224(a), a retired person may
serve without reinstatement from retirement or loss or interruption of benefits
provided by this system upon appointment by the appointing power of a state
agency or public agency employer either during an emergency to prevent stoppage
of public business or because the retired person has specialized skills needed in
performing work of limited duration. These appointments shall not exceed a
combined total of 960 hours for all employers each fiscal year. 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 Principal Building Inspector 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 May 25, 2021, or earlier as
directed, in writing, by the Community Development Director, and shall end June 30,
2022, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Principle Building Inspector, 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. 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 -Eight Dollars and 27/100 ($58.27) 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. $58.27 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 30 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 Notwithstanding any federal and state laws, regulations or orders, Employee
shall not work more than 960 hours during the term of the Agreement in accordance with
CaIPERS post retirement employment guidelines. The Employee shall be responsible for
monitoring the hours worked during these time periods to ensure full compliance.
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5. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Community Development 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
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: Seimone Jurjis
Community Development 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:
John Burckle
PO Box 1879
Big Bear City, CA 92314
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.
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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. Furthermore, 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.
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.
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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.
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.
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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.
13.9 Controllinq 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 attorneys' 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
CITY OF NEWPORT BEACH,
a California m nici al corporation
Date: ro Z
By: , LL�
Seimone Judis
Community Development Director
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
5j
Date: 3i 2-L 1
By: l'j'- -k- �3t
Aaron C. Harp
City Attorney
ATTEST: II,,,, -1� �m
Date: 0. , d� a
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad v
May
EMPLOYEE: John Burckle
Date: 6 —1 Z6z/
By:
Joh Burckle
[END OF SIGNATURES]
Attachments:
Exhibit A: Job Description
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EXHIBIT A
JOB DESCRIPTION
BUILDING INSPECTOR, PRINCIPAL
DEFINITION:
To perform a variety of commercial, industrial and complex residential building
inspections and plan examinations, and provide direct supervision to the inspectors
assigned to his/her group.
DISTINGUISHING CHARACTERISTICS:
This is the advanced journey level class in the Building Inspector series and includes
certain management responsibilities.
SUPERVISION RECEIVED AND EXERCISED:
Receives general supervision from the Chief Building Inspector. Exercised direct
supervision over the inspection staff that is assigned to his/her group.
ESSENTIAL DUTIES:
The following essential functions are typical for this classification. Incumbents may not
perform all of the listed functions and/or may be required to perform additional or
different functions from those below, to address business needs and changing business
practices:
• Supervise building inspectors assigned to his/her team;
• Make field inspections of industrial, commercial, and complex residential buildings
during various stages of construction to assure compliance with all applicable codes
and regulations of the City, State and Federal agencies;
• Provide cross -training for inspectors assigned to his/her group on these more complex
commercial type inspections;
• Review building plans for compliance with non-structural building, plumbing, electrical
and mechanical codes;
• Provide technical assistance and educational programs to other building inspection
staff in their specialty areas;
• Confer with architects, contractors, builders and the general public in the field and
office; explain and interpret requirements and restrictions;
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• Coordinate inspection activities with other City departments;
• Maintain detailed records and prepare reports;
• Coordinate and process temporary certificates of occupancies;
• Supervise assigned inspectors within a group and conduct performance reviews;
• Assign work, monitor workflow and evaluate work products for inspectors; and
• Regularly and predictably attend work; 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:
Basic principles of supervision;
Accepted safety standards and methods of building construction for commercial,
industrial and residential buildings;
U.B.C., U.M.C., U.P.C., N.E.C. and ordinances as they apply to the City of
Newport Beach;
Advanced principles and techniques of building inspection;
Principles of structural design and engineering mathematics; and
Research methods and sources of information related to building code
enforcement.
Ability to:
Apply basic management principals as they relate to first line supervision;
Provide adequate training and instructions;
Advise and provide interpretation to others on how to apply policies, procedures
and standards to specific situations;
Provide leadership while fostering a team environment;
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Handle complaints from the public and others on the full range of Building
Department related issues;
Assign and delegate appropriate tasks to subordinates;
Recognize complex construction problems that subordinate inspectors may
encounter and to provide guidance and resolution;
Communicate, interact and function effectively under stressful and/or
confrontation -type situations that require counseling, instruction, persuasion or
negotiation;
Effectively coordinate a variety of activities or programs and work effectively with
other government agencies, city departments, private interests, contractors and
professional clientele such as engineers and architects;
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.
This position may be required to work overtime hours as needed.
EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE:
A combination of experience and education that would likely provide the required
knowledge and abilities may be qualifying. A typical way to obtain the knowledge and
abilities would be:
Experience: Four years of responsible combination building or trade inspection
experience, including two at Senior Inspector level.
Education: High School graduate/G.E.D. equivalent, completion of technical courses or
apprenticeship program in one of the building trades.
License/Certificate: Possession of, or ability to obtain, ICC certification as a combination
inspector, plans examiner or equivalent. Certification as ICC Electrical, Plumbing and
Mechanical Inspector is highly desirable.
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Due to the performance of some field duties which require the operation of a personal or
City vehicle, a valid and appropriate California driver's license and an acceptable driving
record are required.
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