HomeMy WebLinkAboutC-4491 - Agreement for Temporary Employment for Subtrade Plans Examiner Services6" AGREEMENT FOR TEMPORARY EMPLOYMENT
'7' WITH DANIEL MACEY FOR
SUBTRADE PLANS EXAMINER SERVICES
THIS AGREEMENT is made effective as of the 29' day of January, 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ("ditv") and Daniel
Macey ("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 carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On December 8, 2009, City Council adopted Resolution No. 2009-90 approving the
Early Retirement Incentive Program. Council further authorized the City Manager
to contract with certain employees after their retirements in accordance with
Council Policy F-20 and CaIPERS post retirement employment guidelines.
C. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Subtrade Plans Examiner
employment ("Position") services upon the terms and conditions in this Agreement.
D. 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 151 day of February, 2010 and shall
end July 30, 2010, unless terminated earlier as provided herein.
1.1 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.
1.2 Employee may work for a CalPERS-covered public agency without
reinstatement from retirement into active employment, per Government Code section
21221(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 (July 1'r through June 30'h); 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
Services shall include the following: Provide expertise in electrical, mechanical and
plumbing plans necessary during transition period.
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. Employee's re- employment is necessary for the City to implement
certain changes per the ERIP /Restructuring item approved by City Council on January 26,
2010, specifically to train his/her successor.
3. COMPENSATION
As consideration for the performance of specified services under this Agreement
Employee shall be compensated as follows:
3.1 Pay of $50.00 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.
Fifty dollars 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.
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 forty (40) hours per week.
4.2 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:
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.
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5.2. Employee's at will 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.
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.
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
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AGREEMENT FOR TEMPORARY EMPLOYMENT
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.
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.
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AGREEMENT FOR TEMPORARY EMPLOYMENT
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
CaIPERS, PARS and /or Great West. City is not responsible for obtaining individual
Employee retirement benefit information and shall not provide financial or retirement
advice.
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AGREEMENT FOR TEMPORARY EMPLOYMENT
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 C;irporation
BjIding Department Director
CITY OF NEWPORT BEACH,
A Municipal Corporation
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
D Kiff, City Manager
for the City of Newport Beach
EMPLOYEE:
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By: Y
Terf i L. Cassidy Daniel Macey
Human Resources Department Director
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
nett e a p,
Assistant City tt ney
for the City of Newport Beach
ATTEST:
By:
Leilani I. Brown
City Clerk
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FO R -A
Form Temporary Employment [Post Retirement] Agreement 12.15.09
AGREEMENT FOR TEMPORARY EMPLOYMENT