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HomeMy WebLinkAboutC-4234 - Agreement for Temporary Employment for Human Resources Specialist I Services�- AGREEMENT FOR TEMPORARY EMPLOYMENT WITH JEFFREY NABITY FOR �- HUMAN RESOURCES SPECIALIST I SERVICES cv THIS AGREEMENT is made effective as of the 1st day of June, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City") and JEFFREY NABITY ( "Employee ") whose mailing address is 4300 E. Elko, Long Beach, CA 90814, 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 Human Resources Specialist I 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 8th day of June, 2009, and shall end the 30th day of October, 2009, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE Services shall include the following • Provide responsible technical and administrative staff support, including preparation of correspondence and reports. • Conduct special studies and surveys; perform research and statistical analyses; compile and assemble data and prepare related reports. • Assist in the development and implementation of goals, objectives, policies and procedures. • Verify and review materials for completeness, accuracy and conformity with established procedures. • Respond to complaints and requests for information from the public and City staff. • May provide functional and technical direction and oversight to clerical staff. • Plan and initiate recruitment and selection activities including: composing job announcements and advertisements; reviewing job applications; scheduling, administering, and proctoring, examinations; preparing and maintaining eligibility lists; and making offers of employment to candidates. • Monitor and maintain employee data base; act as administrator for the on -line applicant tracking system; and monitor and maintain on -line position control system; verify requests from personnel vacancy replacements against position control system. • Process personnel action forms for employee status change and track hours worked to determine benefit eligibility. • Implement personnel status changes resulting from new labor agreements. • Perform 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 $22.80 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. $22.80 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. B. It is expressly understood that Employee's status is nonexempt. S. TERMINATION 2 AGREEMENT FOR TEMPORARY EMPLOYMENT WITH JEFFREY NABITY FOR TEMPORARY HUMAN RESOURCES SPECIALIST I 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 Director, 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 JEFFREY NABITY FOR TEMPORARY HUMAN RESOURCES SPECIALIST I 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. B. 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 JEFFREY NABITY FOR TEMPORARY HUMAN RESOURCES SPECIALIST I 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 JEFFREY NABITY FOR TEMPORARY HUMAN RESOURCES SPECIALIST I 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: By:X4�x"-- --- Terri Cassidy, Human Reso es Director Homer Biu , City Manager for the City of Newport Beach for the City of Newport Beach APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: -2 David R. HurA,(thi Attorney ATTEST: ox , !` . �' - Leilani Brown, City Clerk ft - Revised: 03.05.09 r EMPLOYEE: By: f J Of 4 Na 6 AGREEMENT FOR TEMPORARY EMPLOYMENT WITH JEFFREY NABITY FOR TEMPORARY HUMAN RESOURCES SPECIALIST I