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HomeMy WebLinkAboutC-5121 - Agreement for Temporary Employment for Senior Accountant EmploymentAGREEMENT FOR TEMPORARY EMPLOYMENT WITH SANDRA WILCOX FOR SENIOR ACCOUNTANT EMPLOYMENT THIS AGREEMENT FOR TEMPORARY EMPLOYMENT ( "Agreement ") is made v effective as of the 30 * ` day of April, 2012 ( "Effective Date "), by and between the City of Newport Beach, a California Municipal Corporation ( "City ") and Sandra Wilcox, ( "Employee ") whose mailing ad ress is 4S 7 E • Ptnwtc�ni-txti D, ;,,,e CA with reference to the following: 14 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 the Accounting Division of the Finance Department with accounting Services. C. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary Senior Accountant employment ( "Position ") Services upon the terms and conditions in this Agreement. D. Employee is willing to accept such temporary 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: TERM The term of this Agreement shall commence upon the Effective Date and shall terminate December 1, 2012, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE 2.1. Services shall include the following: See job description, attached hereto as Attachment A and incorporated herein by reference ( "Services" or "Work "). 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 3.1. As consideration for the performance of specified Services under this Agreement Employee shall be compensated as follows: 3.1.1. Pay of forty four dollars and 22/100 ($44.22) per hour, as Temporary Senior Accountant, 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. Forty four dollars and 221100 ($44.22) per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. 3.1.2. Employee shall maintain and submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule. 3.1.3. Employee is currently a member of the California Public Employees Retirement System (CalPERS). Employee and City will contribute to CalPERS at the same level as employees of the Professional and Technical Employees Association (Prof Tech). 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 1200 hours for the term of this Agreement. 4.2 It is expressly understood that Employee is a Non - Exempt Employee under the Fair Labor Standards Act and employment is for a provisional, "at will" position. 4.3 Hours worked per workweek shall not exceed 40, unless expressly approved by Finance Department management staff in advance. Hours worked in excess of 40 per workweek shall be paid at one and one -half times the regular hourly rate. 5. TERMINATION 5.1. Employee understands and agrees that: 5.1.1. 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. 5.1.2. Provisional Employee shall mean any person who, pursuant to an Appointment, contract or otherwise, performs work that is generally identified in the Annual Budget and is of limited duration or seasonal in nature. 5.1.3. Employee's employment status cannot be changed except in writing on a form signed by the Department Director, City Manager and Employee. 5.1.4. 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. 5.1.5. No promises or representations regarding regular, full time or permanent employment status have been made to Employee and Employee has no Employment Agreement Sandra Wilcox Page 2 expectation of permanent employment with the City. Furthermore, Employee has no expectation of Civil Service classification, rights or status under this Agreement. 5.1.6. 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. 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. 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. 8. 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, but not limited to, 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 9.1. 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. 9.2. 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. Employment Agreement Sandra Wilcox Page 3 10. OUTSIDE ACTIVITIES 10.1. 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. 10.2. 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 Department Director. 11. STANDARD PROVISIONS 11.1. 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. 11.2. 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 whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11.3. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Job Description or any other attachments attached hereto, the terms of this Agreement shall govern. 11.4. 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. 11.5. Amendments. This Agreement may be modified or amended only by a written document executed by both Employee and City and approved as to form by the City Attorney. 11.6. 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. 11.7. 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, State of California. 11.8. No Attornev's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. Employment Agreement Sandra Wilcox Page 4 11.9. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. (SIGNATURES ON NEXT PAGE] Employment Agreement Sandra Wilcox Page 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates below. CITY OF NEWPORT BEACH, A California Municipal Corporation Dated: � - " , I a'" By: JCC Tracy McCr ner Finance Director APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Dated: ti /Z � /1 L Aaron C. Har City Attorney ATTEST: Dated: By: Leilani I` Brown City Clerk Exhibits: Attachment A Temporary Employment Agreement 0 CITY OF NEWPORT BEACH, A California Municipal Corporation S -I -12 By: , G, l D d Kiff, City Man ger for the City of Newport Beach EMPLOYEE: Dated: 5—(— )Z By: l' GuSetrW9rox Employment Agreement Sandra Wilcox Page 6 CITY OF NEWPORT BEACH ACCOUNTANT SENIOR ACCOUTANT DEFINITION: To perform a wide variety of responsible professional accounting work including the maintenance, compilation and review of various financial records; prepare various financial reports and financial statements; apply GASB pronouncements; account for complex financing of City projects and agreements; account for the City's grants and insures compliance with applicable laws and regulations; prepare and maintain all tax and compliance filings; assist staff at various levels; and perform a variety of technical tasks relative to assigned areas of responsibility. DISTINGUISHING CHARACTERISTICS: Accountant - This is the entry and journey level class within the professional Accounting series. The Senior Accountant class is distinguished from the Accountant by the level of independence of action, knowledge of the City's accounting systems and processes, and complexity of work assigned. An incumbent can expect to be promoted to the Senior Accountant level upon development of the Senior Accountant level skills, knowledge, and abilities, and the City's need and ability to fill such a position. Senior Accountant - This is the advanced journey level class within the professional Accounting series. Employees within this class are distinguished from the Accountant by the performance of advanced level accounting duties involving monitoring, maintaining and administering significant accounting processes and /or services involving complex analyses, accounting, recording, auditing and report preparation. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies within the work unit. Incumbents may be assigned to train and exercise technical supervision over lower level professional, technical and administrative support staff. Positions in this class are flexibly staffed and are normally filled by advancement from the Accountant level. SUPERVISION RECEIVED AND EXERCISED: Receives general supervision from the Finance Officer or other managerial level. Provides functional and technical supervision to various staff levels. May directly supervise technical and administrative support staff as assigned. Accountant and Senior Accountant City of Newport Beach Page 2 EXAMPLES OF ESSENTIAL DUTIES: Duties may include, but are not limited to, the following: Essential Job Duties C Prepare various bank accounts reconciliations and fiscal agent statements; reconcile bank accounts to a variety of accounting modules; analyze banking and accounting transactions; make transfers; perform banking inquiries regarding checking activity including bank charges, cleared checks, outstanding checks, lost checks and stop payments, as required; C Prepare annual opening and closing entries and reconciliations; prepares allocations, transfers, reservations and designations of ending financial resources and other activities necessary to close the activities of fund at year end; Maintain records for assigned funds; ensuring that activities are properly accounted for, that required reports are submitted and that closing entries are made timely as required; prepares fund financial statements, schedules, footnote disclosures included in the CAFR in conformance with GAAP and other technical reporting requirements; Review, monitor and update subsidiary interfaces to the general ledger; balance general ledger with subsidiary ledgers; analyze activities in subsidiary systems to identify source and cause of variance. Assist in the preparation and maintenance of the City's annual budget; make computations, such as Departmental operating budgets, salaries and benefits, and capital requests; summarize and analyze budget submissions; prepare budget reports, details, schedules, worksheets and summaries; post approved revenue and expenditure budgets; o Assist in the accounting and administration of various grants, special assessment and Improvement Act bonds; analyze and comply with funding agency accounting and reporting requirements; Maintain City debt records, make timely payments to fiscal agents, track debts and prepare and disseminate disclosure information, sizes and coordinates bond calls, reconcile and book fiscal agent statement activity, coordinate arbitrage calculations; provide required data to trustee. Accountant and Senior Accountant City of Newport Beach Page 3 o Maintain accounting records of City assessment districts; act as the financial trustee of bond proceeds and property owner contributions; distribute and reconciles bond proceeds to applicable funds; provides cost estimates for each levy to assess costs; monitor payments from the County levy to determine that the fund has sufficient funds available to make debt service and fee payments; transfer monetary funds between accounting funds; Assist in the accounting for complex financing projects and agreements; v Respond to customer and departments inquiries and problems; G Assist in the annual closing of the City's financial records; C Maintain records of fixed assets, land, buildings and infrastructure; record asset additions and deletions by function and fund; determine value of asset from a variety of supporting documentation; calculate and maintain depreciation schedules; Assist in the recordation, estimation and accrual of various receivables and liabilities; 0 Assist in the preparation of a variety of internal and external reports, as assigned; Assist in the preparation for and coordination of various annual and special audits; Provide technical and functional assistance /backup to Division operations as needed; a Prepare and maintain various Federal, State and corporate tax filings including, wages, withholdings, taxable benefits, payments to independent contractors, sales and use taxes, fuel taxes, underground fuel tank storage taxes and other filings as appropriate; O Provide training and functional supervision to assigned staff; O Recommend or implement changes in accounting systems and procedures; and Perform related duties as assigned. Accountant and Senior Accountant City of Newport Beach Page 4 QUALIFICATIONS: Knowledge of: Accountant and Senior Accountant: Generally accepted accounting principles and practices; Governmental Accounting and Auditing Standards and their application to a variety of accounting scenarios and transactions; Methods and techniques of financial statement preparation and auditing; Principles and practices of budgeting; Automated financial management systems; English grammar, spelling, punctuation and word usage at a level of proficiency required for successful job performance; Current personal computing and modern office equipment and practices. Senior Accountant (in addition): Advanced accounting principles and practices and their application to a variety of accounting scenarios and transactions; Advanced governmental accounting and auditing standards -and their application to a variety of accounting scenarios and transactions; Methods and techniques of financial statement preparation and auditing; Municipal budgeting principles and methods; and Advanced level use of database and spreadsheet software applications. Accountant and Senior Accountant Page 5 Ability to: Accountant and Senior Accountant City of Newport Beach Perform a variety of entry and professional level professional accounting duties; Perform bank account reconciliations; Research data an prepare clear and concise financial reports; Perform auditing functions; Work independently in the absence of supervision; Communicate clearly and concisely, both orally and in writing; Read, understand, interpret and apply complex regulations, standards, laws and similar job-related written materials; Establish and maintain effective working relationships with those contacted in the course of work; This position may be required to work overtime hours as needed. Senior Accountant (in addition): Perform advanced level professional accounting duties; Perform a variety of complex fund, cost, grant and other specialized professional accounting and auditing duties; Exercise resourcefulness and advanced understanding of municipal finance and accounting to develop analytical and accounting methods and solutions to solve difficult technical finance problems and to meet changing reporting requirements; Perform complex bank account reconciliations; Work with a high level of independence in planning, organizing and completing work assignments; Lead and train professional and administrative support co- workers; Accountant and Senior Accountant Page 6 City of Newport Beach Experience and Training: A combination of experience and training that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Accountant Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in accounting or a closely related field. Senior Accountant Experience: Four years of professional accounting experience, including at least two years of governmental accounting or auditing experience. Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in accounting or a closely related field. Current licensing as a Certified Public Accountant in the State of California or completion of an MBA in a closely related area from an accredited college or university may be substituted for up to two years of the professional accounting experience requirement. License or Certificate: Possession of, or ability to obtain, an appropriate, valid California driver's license.