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.
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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
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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.
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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]
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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