Loading...
HomeMy WebLinkAboutC-4829 - Agreement for Temporary Employment for Fire Prevention Plans ExaminerAMENDMENT NO. ONE TO TEMPORARY EMPLOYMENT AGREEMENT WITH SUSAN GUZZETTA THIS AMENDMENT NO. ONE TO TEMPORARY EMPLOYMENT AGREEMENT ( "Amendment No. One "), is entered into as of this%:flgday of August, 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation ( "City "), and SUSAN GUZZETTA, an individual ( "Employee "), and is made with reference to the following: RECITALS: A. On March 14, 2011, City and Employee entered into a Temporary Employment Agreement ( "Agreement') for temporary Fire Prevention Plans Examiner employment services. B. City desires to enter into this Amendment No. One to extend the term of the Agreement to December 16, 2011. C. City and Employee mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The introductory paragraph to Section 1 of the Agreement, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 16, 2011 unless terminated earlier as provided herein or extended at the sole discretion of the City Manager. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. CITY OF NEWPORT BEACH, A California municipal corporation Date: �) -),I 12vo\ By: CN LC-1 A Dave iff City Manager DEPARTMENT DIRECTOR: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY VIM // By:_ Kyle -E. Rowen Acting Assistant City Attorney A 11 -00909 EMPLOYEE: Date: By: 1"+' u1 ���,,, zzett GG a�O ATTEST: Date: U By: am� '� r)�Vwj Leilani I. Brown City Clerk AGREEMENT FOR TEMPORARY EMPLOYMENT WITH SUSAN GUZZETTA FOR FIRE PREVENTION PLANS EXAMINER THIS AGREEMENT is made effective as of the 14th day of March, 2011, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City ") and Susan Guzzetta ( "Employee ") whose mailing address is 5121 Costa Rustico, San Clemente, CA 92673 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 a provisional "at will" basis and to enter into an Agreement with Employee for temporary Fire Prevention Plans Examiner 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 14th day of March, 2011 and shall end August 26, 2011, unless terminated earlier as provided herein or extended at the sole discretion of the City Manager. 1.1 Employee shall not worts more than 960 hours during the Term of this Agreement in accordance with CalPERS 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 2122(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 1sr through June 30"'); 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: 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 $ 49.72 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. 3.2 Hourly pay shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. 3.3 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 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. 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. 2 AGREEMENT FOR TEMPORARY EMPLOYMENT 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 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 3 AGREEMENT FOR TEMPORARY EMPLOYMENT 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. 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. 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 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. 5 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 Corporation in Department Di APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ynett eauc am` Assistant City Att- ey for the City of Newport Beach ATTEST• By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By:( avid Kiff, City Manager for the City of Newport Beach EMPLOYEE: 1 A I -y-, k),, Form Temporary Employment [Post Retirement] Agreement 12.15.09 ,V_ Z. r0 f 6 AGREEMENT FOR TEMPORARY EMPLOYMENT