HomeMy WebLinkAboutC-4182 - Agreement for Temporary Employment for Temporary Deputy City Clerk EmploymentAGREEMENT FOR TEMPORARY EMPLOYMENT
WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK EMPLOYMENT
THIS AGREEMENT FOR TEMPORARY EMPLOYMENT ("Agreement") is made
effective as of the ` day of _M". 2013 ("Effective Date"), by and between the City
of Newport Beach, a California Municipal Corporation ("City") and Eva Solis ("Employee")
whose mailing acidres "" "" 1 with reference to the
following:
�o
RECITALS
1 A. City is a municipal corporation duly organized and validly existing under the laws of
CJ 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 Califomia and the Charter of City.
B. City requires temporary assistance to provide a variety of duties pursuant to the
Deputy City Clerk job class specifications indicated in Exhibit "A".
C. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Deputy City Clerk employment
("Position") services upon the terms and conditions in this Agreement.
D. Employee is willing to accept such temporary employment on the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, It is mutually agreed by and between the undersigned parties
as follows:
1. TERM
1.1 The tern of this Agreement shall commence upon the Effective Date and
shall end September 30, 2013, unless terminated earlier as provided herein.
1.2 Employee shall not work more than 960 hours during the Term of this
Agreement in accordance with CaIPERS post retirement employment guidelines, as
outlined below. The Employee shall be responsible for monitoring the hours worked
during these time periods.
1.3Employee may work for a CaIPERS-covered public agency without
reinstatement from retirement into active employment, per Government Code section
2122(h), 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 Ouly ts`through June 30"); 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.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following and as further outlined in Exhibit "A"
attached hereto and incorporated by reference:
• Compose, type, and proofread a variety of documents, including
correspondence, agendas, reports, agreements, and memos,
including working from dictation recordings or verbal instructions;
• Transcribe; prepare and edit minutes and other documents;
• Maintain calendars, make appointments, and schedule meetings and
activities;
• Answer telephone, and screen and refer messages and questions to
appropriate parties; review, disseminate, and distribute electronic
communications;
• Answer inquiries from staff and the public regarding official
documents or actions of the City and explain policies and procedures;
• Interact and communicate with a variety of individuals and groups
including supervisors, employees, customers, other departments,
elected officials, and general public;
• Provide technical and functional direction to support staff, as needed;
and
• Performs other related duties as assigned.
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 $38.16 per 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. $38.16 per hour
shall be considered just compensation and no additional benefits or holiday pay 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.
2
AGREEMENT FOR TEMPORARY EMPLOYMENT EVA SOLIS, DEPUTY CITY CLERK
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 40 hours per per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "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 24 hours prior written notice to the other party.
5.2 Provisional Employee shall mean any person who, pursuant to an
Appointment, contract or otherwise, performs work that is generally identified in the Annual
Budget and is of limited duration or seasonal in nature.
5.2. Employee's employment status cannot be changed except in writing on a
form signed by the Department Director, 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.
a 10T-ftll
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 signed by Employee, Department Director, City Manager and
approved as to form by the City Attorney and attested to by the City Clerk.
T, 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
3
AGREEMENT FOR TEMPORARY EMPLOYMENT EVA SOLIS, DEPUTY CITY CLERK
provided in this Agreement.
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.
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.
10. CONFLICTS OF INTEREST
10.1 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.
10.1.1 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
11.1 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.
11.2 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.
4
AGREEMENT FOR TEMPORARY EMPLOYMENT EVA SOLIS, DEPUTY CITY CLERK
12. 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. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
.11 ail _►
This Agreement may be modified or amended only by a written document executed by
the Employee, Department Director and City Manager and further approved as to form
by the City Attorney.
15. 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.
16. 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.
17. RETIREMENT BENEFITS
Employee is responsible for obtaining accurate retirement benefit information from
CalPERS, PARS and/or Great West. City is not responsible for obtaining individual
Employee retirement benefit information and shall not provide financial or retirement
advice.
[SIGNATURES ON NEXT PAGE]
_ 5
AGREEMENT FOR TEMPORARY EMPLOYMENT EVA SOLIS, DEPUTY CITY CLERK
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
dates written below.
CITY OF NEWPORT BEACH,
A Municipal Corporation
Date: A
c
By:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
12,4
Dated:�SI
By:
IA/ V �-
Aaron C. Harp
City Attorney
ATTEST:
Dated: V • ��•'
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Date: 3 l 19 113
By:
Davi lkiff
City Manager
EMPLOYEE:
Dated: 0
By:
Eva Solis
IFS
[END OF SIGNATURES]
Attachments: Exhibit A — Deputy City Clerk Job Class Specifications
AGREEMENT FOR TEMPORARY EMPLOYMENT EVA SOLIS, DEPUTY CITY CLERK
EXHIBIT A
DEPUTY CITY CLERK JOB CLASS SPECIFICATIONS
7
AGREEMENT FOR TEMPORARY EMPLOYMENT EVA SOLIS, DEPUTY CITY CLERK
CITY OF NEWPORT SEACH
LtabllsNi:d Date: May 4, 2006
Revls3nn Cale; Apr 22, 2000
DEPUTY CITY CLERK Class Coe.:
7020
Bargaining Unit: Key & Managment Confidential
SALARY RANGE
$27.11 - $38.16 Hourly
$2,168.80 - $3,052.80 Biweekly
$4,699.07 - $6,614,40 Monthly
$56,388.80 - $79,372.80 Annually
DEFINITION:
DEFINITION: To perform a variety of complex and responsible clerical and administrative support duties in the conduct of the
activities of the City Clerk's Office; and to assist in the keeping of official City records.
SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from the City Clerk,
ESSENTIAL DUTIES:
Duties may include, but are not limited to, the following:
• Prepare and publish agendas for City Council meetings in accordance with the legal requirements for public meetings;
organize, assemble and distribute agenda packets for City Council, staff, the public and the media; prepare Council Chambers
for City Council meetings, and ensure the area is properly cleared after the meetings; generate minutes of Council meetings;
maintain officla; records associated with formal actions of the City Council, Including preparing the Action Minutes and indexing;
• Maintain and operate the document Imaging system to search for and retrieve Cotmci4 agenda packets; assist the public with
research and retrieval of and copy records, such as ordinances, resolutions, minutes, deeds and information and ret: Teves and
certifies public documents;
• Respond to inquiries from the public by fetter, telephone and in person regarding Council action and records, researches
information for public or City staff.
• File public records, contracts, agree,rnents, resolutions, ordinances, deeds and other official City documents; verifies accuracy
and completeness of documents to be filed; maintain and update databases for contacts, deeds, claims, recorded documents
and Council meeting actions;
• Maintain the Municipal Code and distribution list;
• Process legal publications, postings and notices; receive and open bids for City projects;
• Receive and process claims for damages, and summons and complaints against the City; and accepts service on behalf of the
City In court actions;
• Process and disseminate City Council correspondence;
• Assist the City CEerk in the p€anning and conduct of periodic City elections and other legal requirements of the City Clerk's
Office; maintain current candidate lists for Boards, Commissions and Committees; administer oaths, affirmations and
acknowledgements registers citizens to vote, coordinate and maintain the records management program; retrieve, destroy and
store records according to procedures and policies; and
• Perform related duties as assigned.
QlXA41FICATIONS:
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 abiilty required.
Knowledge of:
Organization and function of City government;
Records management practices and procedures;
English usage, spel"mg, grammar and punctuation;
Principles and practices of business letter writing;
Modern office practices, procedures and equipment;
Applicable laws, rules, regulations, codes and ordinances; and
Microsoft Office text processing, spreadsheet, database, and graphics or related applications software.
Ability to:
Learn, follow and apply pertinent provisions of the City Charter, the City municipal code and other applicable laws, codes, rules,
ordinances and procedures governing the work of the City Clerk's Office;
Learn the work of the City Clerk's Office and perform work in accordance with standard procedures and guidelines with minimal
direct supervision;
Use good judgment in referring matters that require executive attention and decision-making to the City Clerk;
Provide information and organize material in conformance with policies and regulations;
Maintain complex records and indexes in manual and automated filing systems;
Keyboard accurately at a speed necessary for successful job performance;
Record and transcribe proceedings of City Council and other assigned public meetings;
Use Microsoft Office, document Imaging and related apdicatlons software with skill;
Proofread wo, k and detect errors;
Communicate clearly and concisely, both orally and in writing;
Appear for work on time;
Fallow directions from a supervisor;
Understand and follow posted work rules and procedures;
Accept constructive criticism; and
Establish and maintain cooperative working relationship wsth those contacted in the course of work.
This position may be required to work overtime hours as needed.
EXPERIENCE & TRAINING AND LICENSE/CERTIEICATEt
A combination of experience and training that would likely provide the required knowledge and abiLdes may be qualifying. A
typical way to obtain the knowledge and abilities would be:
Experience: Three years of increasingly responsible clerical or secretai W experience, preferably indudiog work in a City Clerk
office or other public agency.
Training: Equivalent to completloo of the hvLifth grade suppbemented by specialized training in the functons and activities of
the City Clerk's office.
Ls�ensetCer bfjcate: Possession ofan appropriate, vai;d CaSfcrnla driver's license.
CertiNed Mumcipal Clerk (CMC) designation from the International Institute of Municipal Clerks Is desirable.
Additional Requirement: Prior to empioyiren>, the prospective candidate must successfully conplete a tliorough background
review, including being fingerprinted by Newport Beach Police Department.
Disaster Service Worker; In accordance with Government Code Section 3100, City of Newport Beach Employees, In the
eventof a disaster, are considered disaster service works and may be asked to respond accordingly.
tv_ AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK SERVICES
THIS AGREEMENT is made effective as of the STday of , 2010, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City") and EVA
SOLIS ("Employee") whose mailing address is
ZI- 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. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Deputy City Clerk employment
("Position") services upon the terms and conditions in this Agreement.
C. 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
The term of this Agreement shall commence upon the 19th day of April,
2010, and shall end the 28th day of May, 2010, unless terminated earlier as
provided herein.
The Employee shall not work more than 960 hours during the Term of this
Agreement in accordance with CalPERS post retirement employment guidelines.
The Employee shall be responsible for monitoring the hours worked during these
time periods.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Services shall include the following:
• Assists in the day -today operations of the Office of the City Clerk;
• Monitors and assists with the tasks involved in maintaining official
City documents and records including agendas, minutes,
ordinances, resolutions, contracts, agreements, deeds and other
legal documents and official records of the City;
• Answers questions from staff and the public regarding official
documents or actions of the City, and explains policies and
procedures related to agenda preparation, submittal, and related
matters;
Facilitates accurate and timely processing of legal documents such
as claims, summons, subpoenas, agreements/contracts, deeds,
resolutions and ordinances;
Prepares and coordinates the publication, posting and distribution of
legal notices for public meetings and hearings, and assures that
legal requirements are met;
Responds to inquiries from the public and City staff regarding official
records, City Council actions, and interpretation of related laws,
policies and procedures; directs the maintenance and operation of
the document imaging system and assists the public with the
research and retrieval of records, such as agendas, staff reports,
ordinances, resolutions, minutes, deeds and other information;
Interacts and communicates with a variety of individuals and groups,
including supervisors, employees, customers, other departments,
elected officials, and the general public;
Provides technical and functional direction to support staff as
needed; and
Performs related duties as assigned.
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
As consideration for the performance of specified services under this
Agreement Employee shall be compensated as follows:
A. Pay of $29.71 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.
$29.71 per hour shall be considered just compensation and no
additional benefits or holiday pay will be provided under this
Agreement.
B. Employee shall maintain and submit complete records of time
expended pursuant to this Agreement corresponding to City's payroll
2
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK
schedule.
4. HOURS
A. 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.
B. It is expressly understood that Employee is a nonexempt Employee
and employment is for an "at will" position.
5. TERMINATION
Employee understands and agrees that:
A. 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 parry by giving 24 hours prior written notice to the
other party.
B. Employee's at will status cannot be changed except in writing on a
form signed by the Department Director, City Manager and
Employee.
C. 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.
D. 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.
E. 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 execution signed by
Employee, Department Director, City Manager and attested to by the City Clerk.
3
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK
FA
7. 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.
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 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 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.
4
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK
N
11. OUTSIDE ACTIVITIES
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.
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 Department Director.
12. 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. 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. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by the Employee, Department Director and City Manager and further
approved as to form by the City Attorney.
15. 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.
16. 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.
5
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
APPROVED AS TO FORM:
OF CE OF THE CITY ATTORNEY
By:
David R. Hunt, City Attorney
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: 4- v v`ti I�Vuwv--
Leilani
I. Brown, City berk
for the City of Newport Beach
ATTEST:
B'
Lillian Washington e
Deputy City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: 4-�
D Kiff, City Manage
for the City of Newport Beach
EMPLOYEE:
By.
:; /2 �" �4�-
Eva Solis
6
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY DEPUTY CITY CLERK
AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK SERVICES
t'Q THIS AGREEMENT is made effective as of the 8th day of April, 2009, by and
�- between the CITY OF NEWPORT BEACH, a MuniCiDal Corporation UCitv") and EVA
< SOLIS ("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 cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. The City desires to employ Employee on an "at will" basis and to enter into an
Agreement with Employee for temporary assistant city clerk employment
("Position") services upon the terms and conditions in this Agreement.
C. 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:
7. TERM
The term of this Agreement shall commence upon the 7�h day of April, 2009,
and shall end 3e day of June, 2009, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Services shall include the following:
• Assists in the day -today operations of the Office of the City Cleric;
• Monitors and assists with the tasks involved in maintaining official
City documents and records including agendas, minutes,
ordinances, resolutions, contracts, agreements, deeds and other
legal documents and official records of the City Council;
• Transcribes minutes; prepares and edits minutes and other
documents;
• Answers questions from staff and the public regarding official
documents or actions of the City; explains policies and procedures
related to agenda preparation, submittal, and related matters;
• Facilitates accurate and timely processing of legal documents such
as claims, summons, subpoenas, agreements/contracts, deeds,
resolutions and ordinances;
• Prepares and coordinates the publication, posting and distribution of
legal notices for public meetings and hearings and assures that legal
requirements are met;
Responds to inquiries from the public and City staff regarding official
records, City Council actions, and interpretation of related laws,
policies and procedures; directs the maintenance and operation of
the document imaging system and assists the public with the
research and retrieval of records, such as agendas, staff reports,
ordinances, resolutions, minutes, deeds and other information;
Interacts and communicates with a variety of individuals and groups
including supervisors, employees, customers, other departments,
elected officials, and the general public;
• Provides technical and functional direction to support staff as
needed; and
• Performs related duties as assigned.
All duties shall be performed in compliance with City ordinances, policies,
rules and regulations. 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
As consideration for the performance of specified services under this
Agreement Employee shall be compensated as follows:
A. Pay of $32.31 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.
$32.31 per hour shall be considered just compensation and no
additional benefits or holiday pay will be provided under this
Agreement.
B. Employee shall maintain and submit complete records of time
expended pursuant to this Agreement corresponding to City's payroll
schedule.
2
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
4. HOURS
A. 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 40 hours per week.
B. It is expressly understood that Employee's status is nonexempt.
5. TERMINATION
Employee understands and agrees that:
A. 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.
B. Employee's at will status cannot be changed except in writing on a
form signed by the Department Director, City Manager and
Employee. No representative or other employee of the City, other
than the Human Resources Manager, has any authority to enter into
an agreement with Employee for any specific period of time or to
change Employees employment contrary to the at will status
provided in this Agreement.
C. 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.
D. 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.
E. 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.
3
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
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 execution signed by
Employee, Department Director and City Manager.
7. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents"), prepared or caused to be prepared
by Employee, in the course of implementing this Agreement, shall become the
exclusive property of City, and City shall have the sole right to use such materials
in its discretion without further compensation to Employee or any other party.
8. CONFIDENTIALITY
Employee shall hold and safeguard 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 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 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.
9. 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.
4
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
10. OUTSIDE ACTIVITIES
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.
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 Department Director.
11. 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.
12. 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. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by the Employee, Department Director and City Manager and further
approved as to form by the City Attorney.
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.
5
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: k
Leilani I. Brown, C' y Clerk
for the City of Newport Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
David R. Hunt, City Attorney
ATTEST:
By:
Leilani Brown,
City Clerk
Revised: 03.05.09
By:
fl,,.,�Homer Bludau, City Manager
for the City of Newport Beach
EMPLOYEE:
By:
Eva Solis
6
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
AGREEMENT FOR TEMPORARY EMPLOYMENT
WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
THIS AGREEMENT is made effective as of the 17th day of July, 2008, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City') and EVA
SOLIS ("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 cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. The City desires to employ Employee on a provisional, "at will," basis and to enter
into an Agreement with Employee for temporary contract employment ("Position")
services upon the terms and conditions in this Agreement.
C. 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
The term of this Agreement shall commence upon the 17th day of July, 2009 and
shall end 30 June, 2010, unless terminated earlier as provided herein.
The Employee shall not work more than 960 hours during the Term of this
Agreement in accordance with CalPERS post retirement employment guidelines. The
Employee shall be responsible for monitoring the hours worked during these time periods.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Services shall include the following:
• Compose, type, and proofread a variety of documents including
correspondence, agendas, reports, agreements, and memos, including
working from dictation recordings or verbal instructions;
• Transcribe tapes; prepares and edits minutes and other
documents;
• Maintain calendars, make appointments, and schedule meetings and
activities;
• Answer telephone and screen and refer messages and questions to
appropriate parties; review, disseminate, and distribute electronic
communications;
• Answer questions from staff and the public regarding official documents or
actions of the City and explain policies and procedures;
• Interact and communicate with a variety of individuals and groups including
supervisors, employees, customers, other departments, elected officials,
and general public;
• Provide technical and functional direction to support staff as needed; and
• Performs other related duties as assigned.
All duties shall be performed in compliance with City ordinances, policies, rules
and regulations. 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
As consideration for the performance of specified services under this Agreement
Employee shall be compensated as follows:
A. Pay of $33.60 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.
$33.60 per hour shall be considered just compensation and no additional
benefits or holiday pay will be provided under this Agreement.
B. Employee shall maintain and submit complete records of time
expended pursuant to this Agreement corresponding to City's payroll
schedule.
4. HOURS
A. 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 40 hours week.
B. It is expressly understood that Employee's status is nonexempt.
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
5. TERMINATION
Employee understands and agrees that:
A. 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.
B. Employee's at will status cannot be changed except in writing on a form
signed by the Department Director, City Manager and Employee.
C. 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.
D. 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.
E. 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 execution signed by Employee, Department Director and
City Manager.
7. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, recons, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Employee,
in the course of implementing this Agreement, shall become the exclusive property of
City, and City shall have the sole right to use such materials in its discretion without
further compensation to Employee or any other party.
8. CONFIDENTIALITY
Employee shall hold and safeguard 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 his
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
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 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.
9. 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.
10. OUTSIDE ACTIVITIES
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.
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
Department Director.
11. 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.
12. 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.
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
13. AMENDMENTS
This Agreement may be modified
executed by the Employee, Department
approved as to form by the City Attorney.
14. SEVERABILITY
or amended only by a written document
Director and City Manager and further
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.
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
DEPARTMENT DIRECTOR:
I
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynette Bea haArn
Assistant City Atty
ATTEST:
am
4 U -
Leilani Brown,
City Clerk 19
Revised: 07.16.09
%'`FORNXr
CITY OF NEWPORT BEACH,
A Municipal Corporation
City Manager
TEMPORARY EMPLOYEE:
B C�
Y�
Eva Solis
6
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH EVA SOLIS FOR
TEMPORARY ASSISTANT CITY CLERK