HomeMy WebLinkAboutC-5788 - Post Retirement Temporary Employment Agreement for Assistant Planner ServicesPOST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH KAY SIMS FOR ASSISTANT PLANNER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of the 1St day of October, 2015 ("Effective Date"), by
i and between the City of Newport Beach, a California municipal corporation and charter
city ("City"), and Kay Sims ("Employee") whose mailing address is 21 Belvedere, Aliso
Viejo, California 92656 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 cavy on its business as it is now being
conducted underthe statutes of the State of California and the Charter of City.
B. City requires temporary Assistant Planner services.
C. In accordance with Government Code Section 21221(h), Employee's services are
being retained by the City because of a planner position vacancy for a period not to
exceed one (1) year and found by the City to require specialized skills. The
temporary employment shall be terminated once the vacant position has been filled.
D. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Assistant Planner employment
("Position") services upon the terms and conditions in this Agreement.
E. 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:
1. TERM
The term of this Agreement shall commence on October 1, 2015, and shall end
June 30, 2016, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Provide planning services at the City's
Pen -nit Center counter, including performing plan check review and other planning
responsibilities, as needed, as further described in the Job Description attached hereto as
Exhibit A and incorporated herein by reference.
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.
Kay Sims Page 1
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 Fifty -Two Dollars and 08/100 ($52.08) 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. $52.08 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.
4.1 Hours of work are not guaranteed. Employee's services shall 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 30 hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "at will" position.
4.3 Employee shall not work more than 960 hours during the term of the
Agreement in accordance with CalPERS post retirement employment guidelines. The
Employee shall be responsible for monitoring the hours worked during these time periods
to insure full compliance.
5. ADMINISTRATION
This Agreement shall be administered by the Community Development
Department. City's Community Development Director or designee shall be the
Administrator and shall have the authority to act for City under this Agreement. The
Administrator shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
6. NOTICES
6.1 All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally or on the third business
day after deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Kay Sims Page 2
Attn: Kimberly Brandt, AICP
Community Development Director
100 Civic Center Drive
Newport Beach, CA 92660
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to City at:
Kay Sims
21 Belvedere
Aliso Viejo, CA 92656
7. TERMINATION
7.1 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.
7.2 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.
7.3 Employee's employment status cannot be changed except in writing on a
form signed by the Department Director, City Manager and Employee.
7.4 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.
7.5 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.
7.6 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.
8. 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
Kay Sims Page 3
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
11.1 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.
11.2 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.
12. OUTSIDE ACTIVITIES
12.1 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.
12.2 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.
13. STANDARD PROVISIONS
13.1 Recitals. City and Employee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
13.2 Compliance with all Laws Employee shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Employee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit regulations and be subject to
Kay Sims Page 4
approval of the Department Director and City.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both the Employee and City and approved as to form by the
City Attorney.
13.8 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.
13.9 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.
13.10 No Attorneys' 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.
13.11 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 (1) and the same instrument.
[SIGNATURES NEXT PAGE]
Kay Sims 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
Date:
By: e
Kimberly Brandt, AICP
Community Development Director
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: 7/f/16-
By:
/`I/16-
By: r (C )
Aaron C. rp, ckm otloglgf
City Attorney
ATTEST: /—
Date: 10. 131V
By: ejuj-
A '
6
Leilani I. Brown
City Clerk
Temporary Employment Agreement
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: M) Kl 1!c;
By l
ave Ki
City Manager
EMPLOYEE: Kay Sims
Date: 16-7,1-G--
By:
D•%•(S
By:
ay Si
[END OF SIGNATURES]
Attachments: Exhibit A: Job Description
Exhibit B: Post Retirement Temporary Employment Certification
Kay Sims Page 6
EXHIBIT A
JOB DESCRIPTION
Kay Sims Page A-1
CITY OF NEWPORT BEACH
Revision Date: lun 13, 2012
PLANNER, ASS13 T AN t Class Code:
4200
Bargaining Unit: Professional &Technical Association
SALARY RANGE
$28.36 - $39.94 Hourly
$2,268.80 - $3,195.20 Biweekly
$4,915.73 - $6,922.93 Monthly
$58,988.80 - $83,075.20 Annually
DEFINITION:
Under general supervision, the Assistant Planner performs professional work in the field of current and/or advanced local
government planning.
DISTINGUISHING CHARACTERISTICS: This is the first experienced -level class in the professional planning series that
Includes Assistant Planner, Associate Planner, and Senior Planner. Initially under close supervision, incumbents with basic
planning experience perform professional and technical planning work in current, advance, and/or environmental planning.
Assignments at this level are generally limited in scope and within the design and procedural framework established by higher
level employees; however, as experience is acquired, the employee performs with increasing independence.
SUPERVISION RECEIVED AND EXERCISED: This position receives direction and supervision from higher level professional
and managerial Planning staff.
ESSENTIAL DUTIES:
Duties may include, but are not limited to, the following:
• Provide excellent customer service to both internal and external customers;
• Review development proposals, applications and architectural/site plans for compliance with applicable regulations and
policies; prepare staff reports and make presentations to the Planning Commission, City Council and various committees and
advisory boards as directed;
• Research, analyze and interpret social, economic, population and land use data and trends and establish and/or maintain
comprehensive databases as directed;
• Compile information and make recommendations on special studies and prepare planning reports as directed; collect, record,
and summarize statistical and demographic information;
• Assist in the administration, and implementation of the various elements of the General Plan, Zoning Ordinance and Local
Coastal Program;
• Check development plans for zoning compliance; process permit applications and calculate appropriate fees;
• Conduct field investigations and analysis;
• Prepare initial studies and assist in preparing or reviewing environmental documents or studies; assist in revising City
ordinances;
• Confer with and advise architects, builders, attorneys, contractors, engineers, and the general public regarding City
regulations, policies and standards;
• Respond to and resolve citizen inquiries and comments regarding the City's planning purposes and practices;
• Participate in coordinating City planning activities with other City departments and outside agencies; and
• Perform related duties as assigned.
QUALIFICATIONS:
http://agelicy.govertunentj obs.cominewpoi-tbeach/default. cfm?action=speebulletin&... 09/08/2015
To perform this job successfully, an individual must be able to perform each essential function. The
requirements listed below are representative of the knowledge, skill, and/or ability required.
Knowledge of:
Planning, zoning, and development laws including subdivision, coastal and environmental laws and regulations;
Site planning and architectural design; and
Modern office methods, practices, procedures and equipment.
Ability to:
Read, understand and interpret architectural and construction plans;
Read, understand and interpret land use and property development policies, regulations and standards;
Perform professional planning work under supervision;
Analyze and compile technical and statistical information and prepare reports;
Respond to work related issues with a flexible, problem solving orientation;
Effectively use computer based word processing and database programs;
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;
Establish and maintain cooperative working relationship with those contacted In the course of work; and
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: One year of full-time professional planning experience.
Training: Graduation from an accredited college or university with a Bachelor's Degree in urban planning, environmental
planning, geography, landscape architecture, or a closely related field.
License / Certificate: Possession of or ability to obtain, an appropriate, valid California driver's license.
Additional Requirement: Candidates deemed most qualified, as reflected in their application materials, will be invited to
continue in the recruitment process. At that time, background information will be requested from the candidates. Prior to
employment, the prospective candidate must successfully complete a thorough background review, including being
fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be
evaluated along with the other information received in connection with your application. Except as otherwise required by law, a
criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the
relevance of the offense to the position applied for may, however, be considered.
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.
http://agency.goveriuiieiitj obs.com/newportbeaclh/default. efiii?action=specbulletin&... 09/08/2015
EXHIBIT B
POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION
The City of Newport Beach ("City") and Kay Sims ("Employee") are
contemplating entering a post-retirement temporary employment agreement
("Agreement') for temporary Planner services within the Community Development
Department. Employee acknowledges that she will adhere to the following temporary
employment requirements:
• Employee shall not work more than 960 hours during the term of the Agreement
in accordance with CalPERS post retirement employment guidelines.
• The Employee shall be responsible for monitoring the hours worked during these
time periods to insure full compliance.
Further, the Employee certifies the following:
"I, Kay Sims, certify that I have not received any unemployment insurance
compensation arising out of prior employment with a public employer during the last
twelve (12) months. I understand that if I am receiving a pension benefit from a public
retirement system and have received any unemployment insurance compensation
arising out of prior employment with a public employer during the last twelve (12)
months, I am not eligible to serve or be employed by the City of Newport Beach
pursuant to Government Code Section 7522.56(e)(1)."
ZG -7
Kay Sim , Temporary Employee Date
Kay Sims Page B-1
Z� POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH KAY SIMS FOR ASSISTANT PLANNER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
c, ("Agreement") is made effective as of the 1 S` day of February, 2015 ("Effective Date'), by
and between the City of Newport Beach, a California Municipal Corporation ("City") and
Kay Sims ("Employee") whose mailing address is 21 Belvedere, Aliso Viejo, California
92656 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 Assistant Planner services.
C. In accordance with Government Code Section 21221(h), Employee's services are
being retained by the City because of a planner position vacancy for a period not to
exceed one (1) year and found by the City to require specialized skills. The
temporary employment shall be terminated once the vacant position has been filled.
D. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Assistant Planner employment
("Position") services upon the terms and conditions in this Agreement.
E. 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 on February 1, 2015, and shall end
June 30, 2015, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Prove planning services at the City's
Permit Center counter, including performing plan check review and other planning
responsibilities, as needed, as further described in the Job Description attached hereto as
Exhibit A and incorporated herein by reference.
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 Fifty -Two Dollars and 08/100 ($52.08) 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. $52.08 per hour shall be considered just compensation and no
additional benefits or holiday pay shall 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.
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 30 hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "at will" position.
4.3 Employee shall not work more than 960 hours during the term of the
Agreement in accordance with CaIPERS post retirement employment guidelines. The
Employee shall be responsible for monitoring the hours worked during these time periods
to insure full compliance.
This Agreement will be administered by the Community Development Department.
City's Community Development Director or designee shall be the Administrator and shall
have the authority to act for City under this Agreement. The Administrator shall represent
City in all matters pertaining to the services to be rendered pursuant to this Agreement.
6. NOTICES
6.1 All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally or on the third business
day after deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Attn: Kimberly Brandt, AICP
Community Development Director
100 Civic Center Drive
Newport Beach, CA 92660
Kay Sims Page 2
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to City at:
Kay Sims
21 Belvedere
Aliso Viejo, CA 92656
7. TERMINATION
7.1 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.
7.2 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.
7.3 Employee's employment status cannot be changed except in writing on a
form signed by the Department Director, City Manager and Employee.
7.4 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.
7.5 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.
7.6 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.
8. 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.
Kay Sims Page 3
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
11.1 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.
11.2 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.
12. OUTSIDE ACTIVITIES
12.1 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.
12.2 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.
13. STANDARD PROVISIONS
13.1 Recitals. City and Employee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
13.2 Compliance with all Laws. Employee shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Employee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit regulations and be subject to
approval of the Department Director and City.
Kay Sims Page 4
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both the Employee and City and approved as to form by the
City Attorney.
13.8 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.
13.9 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.
13.10 No Attorneys' 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.
13.11 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 (1) and the same instrument.
[SIGNATURES NEXT PAGE]
Kay Sims 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
Date:
By: / u v VIOV" v
Kimberly Brandt, AICP
Community Development Director
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
By:
Aar C. Harp, c tm2 11 S'
City ttorney
ATTEST:
Date: �11(. l
44 %i I
Leilaiii 1. Brewi
City Clerk
Temporary Employment Agreement
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: `Z—L1-
Dave Kiff
City Manager
EMPLOYEE: Kay Sims
Date: t/, 219 /S-�
By:
ay SiMs
[END OF SIGNATURES]
Exhibit A: Job Description
Kay Sims Page 6
4ATRINIM
City of Newport Beach - Class Specification Bulletin
CITY OF NEWPORT BEACH
Revision Date: Jun 13, 2012
Page 1 of 2
ASSISTANT Class Code:
4200
Bargaining Unit: Professional & Technical Association
SALARY RANGE
$28.36 - $39.94 Hourly
$2,26&80 - $3,195.20 Biweekly
$4,915.73 - $6,922.93 Monthly
$58,988.80 - $83,075.20 Annually
DEFINITION:
Under general supervision, the Assistant Planner performs professional work in the field of current and/or advanced local
government planning.
DISTINGUISHING CHARACTERISTICS: This is the first experienced -level class in the professional planning series that
includes Assistant Planner, Associate Planner, and Senior Planner. Initially under close supervision, incumbents with basic
planning experience perform professional and technical planning work in current, advance, and/or environmental planning.
Assignments at this level are generally limited in scope and within the design and procedural framework established by higher
level employees; however, as experience is acquired, the employee performs with increasing independence.
SUPERVISION RECEIVED AND EXERCISED: This position receives direction and supervision from higher level professional
and managerial Planning staff.
ESSENTIAL DUTIES:
Duties may include, but are not limited to, the following:
• Provide excellent customer service to both internal and external customers;
• Review development proposals, applications and architectural/site plans for compliance with applicable regulations and
policies; prepare staff reports and make presentations to the Planning Commission, City Council and various committees and
advisory boards as directed;
• Research, analyze and interpret social, economic, population and land use data and trends and establish and/or maintain
comprehensive databases as directed;
• Compile information and make recommendations on special studies and prepare planning reports as directed; collect, record,
and summarize statistical and demographic information;
• Assist in the administration, and implementation of the various elements of the General Plan, Zoning Ordinance and Local
Coastal Program;
• Check development plans for zoning compliance; process permit applications and calculate appropriate fees;
• Conduct field investigations and analysis;
• Prepare initial studies and assist in preparing or reviewing environmental documents or studies; assist in revising City
ordinances;
• Confer with and advise architects, builders, attorneys, contractors, engineers, and the general public regarding City
regulations, policies and standards;
• Respond to and resolve citizen inquiries and comments regarding the City's planning purposes and practices;
• Pa;t.4v;e in c0. .die�sng Clty p wnrrr:g a..bvRi_, ,..th other City dt,,,'tments and oJt,de ag a, and
• Perform related duties as assigned.
QUALIFICATIONS:
http://agency.gove=entiobs.com/newportbeach/default.cfm?action=speebulletin&Class... 01/15/2015
City of Newport Beach - Class Specification Bulletin
Page 2 of 2
To perform this job successfully, an individual must be able to perform each essential function. The
requirements listed below are representative of the knowledge, skill, and/or ability required.
Knowledge of:
Planning, zoning, and development laws including subdivision, coastal and environmental laws and regulations;
Site planning and architectural design; and
Modern office methods, practices, procedures and equipment.
Ability to:
Read, understand and interpret architectural and construction plans;
Read, understand and interpret land use and property development policies, regulations and standards;
Perform professional planning work under supervision;
Analyze and compile technical and statistical information and prepare reports;
Respond to work related issues with a flexible, problem solving orientation;
Effectively use computer based word processing and database programs;
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;
Establish and maintain cooperative working relationship with those contacted in the course of work; and
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: One year of full-time professional planning experience.
Training: Graduation from an accredited college or university with a Bachelor's Degree in urban planning, environmental
planning, geography, landscape architecture, or a closely related field.
License / Certificate: Possession of or ability to obtain, an appropriate, valid California driver's license.
Additional Requirement: Candidates deemed most qualified, as reflected in their application materials, will be invited to
continue in the recruitment process. At that time, background information will be requested from the candidates. Prior to
employment, the prospective candidate must successfully complete a thorough background review, including being
fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be
evaluated along with the other information received in connection with your application. Except as otherwise required by law, a
criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the
relevance of the offense to the position applied for may, however, be considered.
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.
http://agency.governmentj*obs.com/newportbeachldefault.ofm?action=specbulletin&Class... 01/15/2015
POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION
The City of Newport Beach ("City") and Kay Sims ("Employee") are
contemplating entering a post-retirement temporary employment agreement
("Agreement") for temporary Planner services within the Community Development
Department. Employee acknowledges that she will adhere to the following temporary
employment requirements:
• Employee shall not work more than 960 hours during the term of the
Agreement in accordance with CalPERS post retirement employment
guidelines.
• The Employee shall be responsible for monitoring the hours worked during
these time periods to insure full compliance.
Further, the Employee certifies the following:
"I, Kay Sims, certify that I have not received any unemployment insurance
compensation arising out of prior employment with a public employer during the last
twelve (12) months. I understand that if I am receiving a pension benefit from a public
retirement system and have received any unemployment insurance compensation
arising out of prior employment with a public employer during the last twelve (12)
months, I am not eligible to serve or be employed by the City of Newport Beach
pursuant to Government Code Section 7522.56(e)(1)."
//11�, , X/� /��.//,t,5
K y Sims, emporary Employee Date
AMENDMENT NO. ONE TO
POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT
WITH KAY SIMS FOR
ASSISTANT PLANNER SERVICES
THIS AMENDMENT NO. ONE TO POST RETIREMENT TEMPORARY
EMPLOYMENT AGREEMENT ("Amendment No. One") is made and entered into as of
this 3 �� day of November, 2014 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
KAY SIMS, ("Employee"), whose mailing address is 21 Belvedere, Aliso Viejo, California
92656, and is made with reference to the following:
RECITALS
A. On April 23, 2014, City and Employee entered into a Post Retirement Temporary
Employment Agreement ("Agreement") for temporary Assistant Planner
employment services upon the terms and conditions of the original Agreement
("Position").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to December 31, 2014.
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
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on June 16, 2014, or earlier as
directed, in writing, by the Community Development Director, and shall end December
31, 2014, unless terminated earlier as provided herein."
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.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /l /If A/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: t -2S --x4
By: By:
Aaron C. Harp 6Am %kl �i Dave Kiff
City Attorney City Manager
ATTEST:
Date:
By:_A&W- ' yl�Nli�
Leilani I. Brown
City Clerk
�FQ RNA®
EMPLOYEE: Kay Sims
Date: l J_
By: l
Kay Sim
[END OF SIGNATURES]
Kay Sims Page 2
POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH KAY SIMS FOR ASSISTANT PLANNER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of the 23d day of April, 2014 ("Effective Date"), by and
between the City of Newport Beach, a California municipal corporation and charter city
("City") and Kay Sims ("Employee") whose mailing address is 3 Barbados Drive, Aliso
Viejo, CA 92656 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 the City.
B. City requires temporary Assistant Planner services.
C. In accordance with Government Code Section 21221(g), Employee's services
are being retained by the City because of a leave of absence granted to a person
on payroll status for a period not to exceed one (1) year and found by the City to
require specialized skills. The temporary employment shall be terminated at the
end of the leave of absence.
D. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Assistant Planner employment
("Position") services upon the terms and conditions in this Agreement.
E. 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:
The term of this Agreement shall commence on June 16, 2014, or earlier as
directed, in writing, by the Community Development Director, and shall end November
14th, 2014, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Provide planning services at the City's
Permit Center counter, including performing plan check review other planning
responsibilities, as needed, as further described in the Job Description attached hereto as
Exhibit A and incorporated herein by reference.
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.
r3t��11'd;2:1 1[6P
3.1 As consideration for the performance of specified services under this
Agreement Employee shall be compensated as follows:
3.1.1 Pay of Fifty Two dollars and 08/100 ($52.08) 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. $52.08 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.
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 30 hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "at will" position.
4.3 Employee shall not work more than 960 hours during the term of the
Agreement in accordance with CalPERS post retirement employment guidelines. The
Employee shall be responsible for monitoring the hours worked during these time periods
to insure full compliance.
5. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Community Development Director or designee shall be the
Administrator and shall have the authority to act for City under this Agreement. The
Administrator shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
6. NOTICES
6.1 All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
Kay Sims Page 2
addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Attn: Kim Brandt, ACIP
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Consultant at:
Kay Sims
3 Barbados Drive
Aliso Viejo, CA 92656
7. TERMINATION
7.1 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.
7.2 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.
7.3 Employee's employment status cannot be changed except in writing on a
form signed by the Department Director, City Manager and Employee.
7.4 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.
7.5 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.
7.6 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.
8. 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
Kay Sims Page 3
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
11.1 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.
11.2 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.
12. OUTSIDE ACTIVITIES
12.1 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.
12.2 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 Community Development Department Director.
Kay Sims Page 4
13. STANDARD PROVISIONS
13.1 Recitals. City and Employee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
13.2 Compliance with all Laws. Employee shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Employee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Department Director and City.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 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.
13.8 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.
13.9 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.
13.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
13.11 Counterparts. This Agreement may be executed in two (2) or more
Kay Sims Page 5
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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
Date: d.- 1A -
By:
Kim Brandt, AC
Director, Community Development
Department
APPROVED AS TO FORM:
CITY ATT R EY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: OA?Akl-k
By:
Dave Kiff
City Manager
EMPLOYEE: Kay Sims
Date: �S' • J ! S`
By: By: k:�� j
A C. Harp U itk Kay Sims
Ci Attorney XIN
ATTEST:
Date: '
By:
Leilani I. Brown
City Clerk
Attachments:
Exhibit A:
Job Description
[END OF SIGNATURES]
Kay Sims Page 6
EXHIBIT A
JOB DESCRIPTION
Under general supervision, the Assistant Planner performs professonai work in the field of current and/or advanced local
government planning.
DISTINGUISHING CHARACTERISTICS: This is the first experienced -level class inthe professional planning series that
includes Assistant Planner, Associate Planner, and Senior Planner. Initially under close supervision, incumbents with basic
planning experience perform professional and technical planning work in current, advance, and/or environmental planning.
Assignments at this level are generally limited in scope and within the design and procedural framework established by
higher level employees; however, as experience is acquired, the employee performs with increasing independence.
SUPERVISION RECEIVED AND EXERCISED: This position receives direction and supervision from higher level
professional and managerial Planning staff.
Duties may include, but are not limited to, the following:
• Provide excellent customer service to both internal and external customers;
• Review development proposals, applications and architectural/site plans for compliance with applicable regulations and
policies; prepare staff reports and make presentations to the Planning Commission, City Council and various committees and
advisory boards as directed;
• Research, analyze and interpret social, economic, population and land use data and trends and establish and/or maintain
comprehensive databases as directed;
• Compile information and make recommendations on special studies and prepare planning reports as directed; collect,
record, and summarize statistical and demographic information;
• Assist in the administration, and implementation of the various elements of the General Plan, Zoning Ordinance and Local
Coastal Program;
• Check development plans for zoning compliance; process permit applications and calculate appropriate fees;
• Conduct field investigations and analysis;
• Prepare initial studies and assist in preparing or reviewing environmental documents or studies; assist in revising City
ordinances;
• Confer with and advise architects, buiders, attorneys, contractors, engineers, and the general public regarding City
regulations, policies and standards;
• Respond to and resolve citizen inquiries and comments regarding the City's planning purposes and practices;
• Participate in coordinating City planning activities with other City departments and outside agencies; and
• Perform related duties as assigned.
Kay Sims Page A- 1
POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION
The City of Newport Beach ("City") and Kay Sims ("Employee") are
contemplating entering a post-retirement temporary employment agreement
("Agreement") for temporary Planner services within the Community Development
Department. Employee acknowledges that she will adhere to the following temporary
employment requirements:
• Employee shall not work more than 960 hours during the term of the
Agreement in accordance with CalPERS post retirement employment
guidelines.
• The Employee shall be responsible for monitoring the hours worked during
these time periods to insure full compliance.
Further, the Employee certifies the following:
"I, Kay Sims, certify that I have not received any unemployment insurance
compensation arising out of prior employment with a public employer during the last
twelve (12) months. I understand that if I am receiving a pension benefit from a public
retirement system and have received any unemployment insurance compensation
arising out of prior employment with a public employer during the last twelve (12)
months, I am not eligible to serve or be employed by the City of Newport Beach
pursuant to Government Code Section 7522.56(e)(1)."
2:;-,,
x-,
Kay Sim , Temporary Employee Date