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HomeMy WebLinkAboutC-4689 - Agreement for Temporary Employment for Interim Community Development DirectorAGREEMENT FOR TEMPORARY EMPLOYMENT WITH JOEL FICK FOR INTERIM COMMUNITY DEVELOPMENT DIRECTOR THIS AGREEMENT FOR TEMPORARY EMPLOYMENT ( "Agreement ") is made effective as of the 18th day of October, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City ") and JOEL FICK of Anaheim, CA 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. City requires temporary assistance in providing professional and experienced oversight of its newly merged Planning and Building Department now named the City of Newport Beach Community Development Department. C. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary employment services as the Director of Community Development employment ( "Position ") 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 18th day of October, 2010 and shall end April 18, 294-0, unless terminated earlier as provided herein. 2011 2. SERVICES TO BE PERFORMED BY EMPLOYEE 2.1 Services shall include the following: The purpose of this position is to manage, direct, plan, and organize the programs and activities of the Community Development Department, including Building & Safety and Planning and Development Services and to supervise management, professional, technical, and clerical staff through subordinate managers. The work is performed under the administrative direction of the City Manager and reporting to the Assistant City Manager for direction. 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 As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: 3.1 Pay of $80.00 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. Employee will also receive a car allowance of $300 per month, and receive Holiday pay commensurate with current Executive Management holiday designations. Employee shall be allocated 80 hours administrative leave (does not accrue and cannot be cashed out) and a City issued cell phone and other miscellaneous equipment needed in the performance of the job. No additional benefits will be provided under this Agreement. 3.2. Employee shall submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule. 4. HOURS 4.1 Hours of work shall not exceed 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. INDEMNITY AND COOPERATION. 5.1 Employee shall cooperate with and assist Employer in the defense or prosecution of any matter in which Employee is involved arising out of his employment with Employer, including, but not limited to, criminal prosecutions, defense of tort claims, civil litigation and /or assistance in defending or prosecuting matters arising out of discipline of employees of Employer, whether such matter arises during Employee's employment or after Employee's employment ends. 5.2 The Parties hereby agree that Employer will defend, indemnify and hold harmless Employee from liability against any and all lawsuits or claims that may arise after the date this Agreement is executed and which arise from acts or omissions by Employee committed within the course and scope of Employee's employment with the City. 6. TERMINATION Employee understands and agrees that: 6.1 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. 6.2 Employee's "at will" status cannot be changed except in writing on a form signed by the City Manager and Employee. 2 AGREEMENT FOR TEMPORARY EMPLOYMENT 6.3 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. 6.4 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. 6.5 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. 7. 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. 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. 9. 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. 10. CONFIDENTIALITY 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. 11. CONFLICTS OF INTEREST 3 AGREEMENT FOR TEMPORARY EMPLOYMENT 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. 12. 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. 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 written approval by the City Manager. 13. 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. 14. 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. 15. 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. 16. 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. 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 17. 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. [SIGNATURES ON FOLLOWING PAGE] 5 AGREEMENT FOR TEMPORARY EMPLOYMENT IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates below. CITY OF NEWPORT BEACH, A Municipal Corporation Dated: io-) -�-_ -ro , By: z G.- � , A& Daw Kiff, City Manage EMPLOYEE: Dated:—,,o --13 - it�r o By: w Joel Fick ATTEST: Dated: l U -1 q -- 2010 B: ei i I. Brown, D(may City Clerk r"/Z [A 10-00686] Temporary Employment Agreement Fick, Joel APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Dated: By: Myn D. champ, Assistant City' ttorney Q AGREEMENT FOR TEMPORARY EMPLOYMENT