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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