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HomeMy WebLinkAboutC-5451 - Agreement for Temporary Employment for Temporary Part-time Interim Facilities Maintenance ManagerAMENDMENT NO. ONE TO AGREEMENT FOR An TEMPORARY EMPLOYMENT 1 WITH ALFRED R. CABLAY FOR U TEMPORARY PART-TIME INTERIM FACILITIES MAINTENANCE MANAGER THIS AMENDMENT NO. ONE TO TEMPORARY EMPLOYMENT AGREEMENT ("Amendment No. One") is made effective as of the 30th day of September, 2013 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a Califomia municipal corporation and charter city ("City') and ALFRED R. CABLAY ("Employee') whose mailing address is PO Box 2383, Mission Viejo, CA 92690 with reference to the following: RECITALS A. On April 8, 2013, City and Employee entered an Agreement for Temporary Employment ("Agreement') for temporary part-time Interim Facilities Maintenance Manager services. B. City desires to enter into this Amendment No. One to extend the term of the Agreement to June 30, 2014 and change the supervising Department. C. City and Employee desire to amend the Agreement as provided herein below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1.1 of the Agreement shall be amended in its entirety and replaced with: `The term of this Agreement shall commence April 8, 2013, and shall end the 30th day of June, 2014, unless terminated earlier as provided herein As of the Effective Date of this Amendment No. One the Employee shall report to and receive direction from the Deputy Public Works Director. All references in the Agreement and this Amendment No. One to "Department' or "Municipal Operations Department' shall refer to the Public Works Department. 3. 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. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. CITY OF NEWPORT BEACH, A California municipal corporation By: David A. We b Public Works Director APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Dated: 9-23- 13 By: [ kLA,�4 �& 'LA Gu) A D Aaron C1, Harp City Attorney ATTEST: Dated: to.1.0 ax By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: 01 10,3113 By: (' Davi&Riff City Manager EMPLOYEE: Dated: 2) Is T - -W By:/ Alfred R. Cablay �) �ORN'r [END OF SIGNATURES] 2 AGREEMENT FOR TEMPORARY EMPLOYMENT AGREEMENT FOR TEMPORARY EMPLOYMENT WITH ALFRED R. CABLAY FOR TEMPORARY PART-TIME INTERIM FACILITIES MAINTENANCE MANAGER THIS TEMP9RRARY EMPLOYMENT AGREEMENT ("Agreement") is made effective as of the � ay of April, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and Alfred R. Cablay ("Employee") whose mailing address is PO Box 2383, Mission Viejo, CA 92690 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 to provide a variety of duties pursuant to the Interim Facilities Maintenance Manager job class specifications indicated in Exhibit "A" to perform work of a limited duration to assist with special projects and the elimination of a backlog of facility maintenance work. C. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary Interim Facilities Maintenance Manager 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: "N 17i 1.1 The term of this Agreement shall commence upon the Effective Date and shall end the 30th day of September, 2013, unless terminated earlier as provided herein. 1.2 Employee shall not work more than 960 hours during the fiscal year 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. 1.3 Employee may work for a CalPERS-covered public agency without reinstatement from retirement into active employment pursuant to Government Code section 21224, 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 1gt through June 30th); 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. 1.4 By executing this Agreement, Employee certifies pursuant to Government Code section 7522.56(e)(1) that during the twelve months prior to execution of this Agreement, Employee has not received any unemployment insurance compensation arising out of prior employment with a public agency employer. 2. SERVICES TO BE PERFORMED BY EMPLOYEE 2.1 Services shall include the following and as further outlined in Exhibit "A", which is attached hereto and corporate by reference: plan, organize, and supervise the City's facilities maintenance services and evaluate and make recommendations regarding a long-term structure for delivery of facilities maintenance services in the City. 2.2 The City Manager has determined that the services of the Employee necessary because Employee has specialized skills needed to perform work of a limited duration to assist the City with special projects and the elimination of a backlog of facility maintenance work. 2.3 All duties shall be performed in compliance with City ordinances, policies, rules and regulations. Employee shall familiarize himself 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 $57.57 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. $57.57 per hour shall be considered just compensation and, pursuant to Government Code section 21224(a) no additional compensation, incentives, benefits, holiday pay, or other form of compensation in addition to the hourly pay rate 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. Employee's hours of work shall not exceed 40 hours per week. 2 AGREEMENT FOR TEMPORARY EMPLOYMENT 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. 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. &. 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 amendment approved as to form by the City Attorney, 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. 3 AGREEMENT FOR TEMPORARY EMPLOYMENT 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 10.1 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. 10.2 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. 11, OUTSIDE ACTIVITIES 11.1 Employee is expected to devote his performance of his or her assigned duties. An outside employment or business activities during engage in any employment, outside activity, incompatible or in conflict with, or that interfere duties, functions, or responsibilities of his Position. full time, attention and efforts to the Employee shall not engage in any his workday. An Employee shall not or enterprise that is inconsistent, > with, his/her ability to perform the 11.2 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 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 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 and attested to by the City Clerk. 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, State of California. 17. RETIREMENT BENEFITS Employee is responsible for obtaining accurate retirement benefit information from CalPERS, PARS and/or Great West. City is not responsible for obtaining individual Employee retirement benefit information and shall not provide financial or retirement advice. Furthermore, Employee specifically understands that as a retired person within the California Public Employees Retirement System, Employee's temporary part-time employment with the City under this Agreement shall not entitle Employee to aquire any additional service credit or retirement rights. [SIGNATURES ON NEXT PAGE] 5 AGREEMENT FOR TEMPORARY EMPLOYMENT IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. CITY OF NEWPORT BEACH, CITY OF NEWPORT BEACH, A Municipal Corporation A Municipal Corporation Date: �j Date: By: rte-- By: Mark armon David Kiff Municipal Operations City Manager Department Director APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Dated City Attorney ATTEST: Dated: 4, )-a. 0 By: Leilani I. Brown City Clerk EMPLOYEE: Dated: By: Alfred R. Cablay [END OF SIGNATURES] Attachments: Exhibit A: Temporary Part-time Interim Facilities Maintenance Manager job class specifications AGREEMENT FOR TEMPORARY EMPLOYMENT EXHIBIT A TEMPORARY PART-TIME INTERIM FACILITIES MAINTENANCE MANAGER JOS CLASS SPECIFICATIONS 7 AGREEMENT FOR TEMPORARY EMPLOYMENT Job Bulletin CITY OF NEWPORT BEACH Human Resources Department 3300 Newport Blvd. Newport Beach, CA 92663-3884 htto: /(www, newoortbea Chca. goy INVITES APPLICATIONS FOR THE POSITION OF: INTERIM FACILITIES MAINTENANCE MANAGER TEMPORARY -PART TIME An Equal Opportunity Employer SALARY $47.36 - $57.57 Hourly OPENING DATE: 01/22/13 CLOSING DATE: 02/12/13 5:00pm Pacific Time THE POSITION Page 1 of 5 This Interim position will be limited in duration to six (6) months and pro assistance to the Municipal Operations Department (MOD) Director in the overs and review of the City's Facility Maintenance Program. The successful candidate oversee the daily operations of facility maintenance and design a best practice a plan to organize maintenance support for customers. Experience maintaining a range of facilities including Fire Stations, Libraries, and Recreation Centers is hi desirable. The first part of the selection process is a complete evaluation of the application. Candidates are required to submit a Resume and a Cover Letter along with completed on-line application in order for the application package to be consideree complete. The cover letter should describe your experience in evaluating the needs o various facilities and making recommendations for capital replacement and/or repair. To plan, organize and supervise the City's facilities maintenance services within the Facilities Maintenance Division of the Municipal Operations Department; and to perform a variety of technical tasks relative to assigned area of responsibility. SUPERVISION RECEIVED AND EXERCISED: Receives direction from the Deputy Municipal Operations Director. Exercises direct supervision over assigned maintenance personnel. ESSENTIAL DUTIES Duties may include, but are not limited to, the following: • Recommend and assist in the implementation of goals and objectives; establish schedules and methods for building maintenance; implement policies and procedures; • Plan, prioritize, assign, supervise and review the work of staff involved in facilities maintenance activities; Prepare the Facilities Maintenance Division budget; assist in budget implementation; http://agency.govemmentjobs,cominewportbeachljob_bu lletin.cfm?JoblD=584004 112212013 Job Bulletin Page 2 of 5 participate in the forecast and justification of changes needed for staffing, equipment, materia and supplies; administer and monitor the approved budget; • Participate in the selection of staff; provide or coordinate staff training; work with to correct deficiencies; implement discipline procedures; • Perform the full range of building maintenance duties as required; perform electrical, plumbing, carpentry, locksmithing and HVAC maintenance and repair duties in the upkeep of City building facilities; operate the full range of equipment and tools related to assigned activities; • Maintain time, material and equipment use records; • Requisition supplies and materials; • Assist in coordinating building maintenance services activities with other City departments, divisions, and sections and with outside agencies; • Review capital improvement projects that may include services of and facilities maintained by the Facilities Maintenance Division; • Oversee and inspect the work of contractors related to facilities maintenance services; • Answer questions and provide information to the public; receive and investigate complaints and recommend corrective action as necessary to resolve complaints, and • Perform related duties as assigned. QUALIFICATIONS To perform this job successfully, an individual must be able to perforin each essential function. The requirements listed below are representative of the knowledge, skill, andlor ability required. Knowledge of: Methods, practices and equipment used in electrical, plumbing, carpentry and HVAC maintenance and repair services and activities; Tools and equipment used in facility maintenance; Principles of personnel supervision and training; and Safe work practices. Ability to: Supervise facility maintenance services and activities; Prepare and monitor a budget; Interpret and work from sketches, penciled layouts and blue prints and prepare plans for minor projects; Keep records and make reports; httpJtagency,;overnmentjobs.comtnewportbeachljob_bulletin.cfm?JoblD=584004 1/22/2013 Job Bulletin Communicate clearly and concisely, both orally and in writing; Appear for work on time; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Page 3 of 5 Establish and maintain cooperative working relationship with those contacted in the course of work. This position may be required to work overtime hours as needed. EXPERIENCE & TRAINING AND LICENSE/CERTIFICATE 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: Experience: Five years of increasingly responsible experience performing varied facilities maintenance duties, including one year of supervisory experience. Training: Equivalent to the completion of the twelfth grade supplemented by specialized training in personnel supervision or a related field is desirable. License/Certificate: Possession of a valid and appropriate California driver's license. Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. APPLICATIONS MAY BE OBTAINED AND FILED ONLINE AT: htto://www newaortbeachca.00v OR 3300 Newport BNo., Newport Beach, CA 92663-3884 EXAM #12/13-00034 INTERIM FACILITIES MAINTENANCE MANAGER SW http://agency.governmentjobs.com/newportbeach/job_btilletin.cfm?JobID--584004 1/22/2013