HomeMy WebLinkAboutC-4197 - Agreement for Temporary Employment for Temporary Senior Fiscal ClerkAGREEMENT FOR TEMPORARY EMPLOYMENT
WITH SUSAN GULLEY FOR
TEMPORARY SENIOR FISCAL CLERK
S
cv THIS AGREEMENT is made effective as of the 30th day of April, 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City') and SUSAN
GULLEY ("Employee") whose mailing address is -----
-- I, 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 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:
TERM
The term of thisA�reement shall commence upon the 30th day of April,
2009, and shall end 30 day of August, 2009, unless terminated earlier as
provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
Services shall include the following:
Assists in the day-to-day operations of the Revenue Division;
Assist, as assigned in a variety of department functions including the
operation of business tax;
Data entry, operating a variety of office machines and databases and
performing other clerical duties
• Receive and process business tax applications and renewals; apply
departmental policies and procedures in determining completeness
of applications; verify the accuracy of applications, data and reports;
receive and review Request for Business Tax Reviews;
• Maintain and update logs and computerized records;
• Respond to public inquiries; explain municipal code, policies and
procedures of the business tax requirement; provide information and
forms to the public;
• Contact the public and outside agencies in acquiring and providing
information;
• Interact and communicate with a variety of individuals and groups
including supervisors, employees, customers, and other
departments;
• 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 $23.90 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.
$23.90 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 per week.
2
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH SUSAN GULLEY FOR
TEMPORARY SENIOR FISCAL CLERK
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 SUSAN GULLEY FOR
TEMPORARY SENIOR FISCAL 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 SUSAN GULLEY FOR
TEMPORARY SENIOR FISCAL 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 SUSAN GULLEY FOR
TEMPORARY SENIOR FISCAL 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: L.
Omer Bluda , City Manager
for the City of Newport Beach
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
:
B -�-- C.ff,,-,,Y
David R. Hunt, City Attorney
ATTEST:
By: V
Leilani brown,
City Clerk
Revised: 03.05.09
EMPLOYEE:
Susan Gulley
6
AGREEMENT FOR TEMPORARY EMPLOYMENT WITH SUSAN GULLEY FOR
TEMPORARY 91-AT04 FTSCFL CLQ„2ti