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HomeMy WebLinkAbout09 - Temporary Employment AgreementTO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report April 8, 2014 Agenda Item No. 9. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov Brenda Wisneski, AICP, Deputy Director Community Development 949 - 644 -3297 Temporary Employment Agreement The Community Development Department seeks to obtain authorization to temporarily rehire a retired employee for a period of one year or less, but not to exceed 960 hours, effective June 16, 2014, to assume the duties of Assistant Planner. RECOMMENDATION: Authorize the City Manager to execute the attached Temporary Employment Agreement with retired employee Kay Sims to fill the position of Assistant Planner until the regular employee returns from maternity leave. FUNDING REQUIREMENTS: The current adopted budget includes funds to temporarily employ Ms. Sims. DISCUSSION: Council Policy F -20 states that the City Council shall review and consider any contract the City enters into with a person employed by the City within the past five years. The Community Development Department seeks to temporarily employ Kay Sims to fill an Assistant Planner position while that employee is on maternity leave. The Planning Division operates with a limited staff. Each planner's time is maximized to meet customers' needs at the counter, process discretionary applications, and address special city- wide projects. An Assistant Planner anticipates a maternity leave of approximately five months to begin in June 2014. The loss of a planner for an extended period of time creates a 240 significant burden and potential impact to customer service. This planning position requires efficiency at the public counter and familiarity with the City's processes and systems. It would be inefficient and more costly to train a contract planner. Ms. Sims was an Assistant Planner with the City until she retired, in good standing, in July 2013. Ms. Sims possesses specialized skills and knowledge necessary to perform the function of Assistant Planner. In accordance with Government Code Section 7522.56, the City has met the following requirements: 1. Waited in excess of 180 days since the employee's retirement under PERS rules 2. Ensured the employee is not earning less than the minimum, nor exceeding the maximum of other employees in the classification. The Temporary Employment Agreement is in compliance with Council Policy F -20: 1. On June 16, 2014, the City will engage Ms. Sims at $55.00 per hour, the amount less than a contract planner which is $90.00 per hour, but more than a planner employed by the City. Her total compensation will not exceed $33,000. 2. She will not be authorized to work or receive overtime pay. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - M Employment Agreement 241 ATTACHMENT CC -1 AGREEMENT FOR TEMPORARY EMPLOYMENT WITH KAY SIMS FOR ASSISTANT PLANNER EMPLOYMENT THIS AGREEMENT FOR TEMPORARY EMPLOYMENT ( "Agreement ") is made effective as of the 31St day of March, 2014 ( "Effective Date "), by and between the City of Newport Beach, a California Municipal Corporation ( "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 City. B. City requires temporary assistance with Assistant Planner services. C. 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. 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: 1. TERM 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: providing planning services at the Permit Center counter, including performing plan check review other planning responsibilities, as needed. 2.2 All duties shall be performed in compliance with City ordinances, policies, rules and regulations. Employee shall familiarize him or herself with the City's Employee Manual. At all times, Employee agrees to perform all services related to Employee's employment hereunder faithfully and diligently and to discharge the responsibilities thereof to the best of Employee's ability. 3. COMPENSATION As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: 242 3.1 Pay of $55.00 per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi- weekly basis corresponding to the City's payroll schedule and Employee is subject to State and Federal income tax withholdings. $55.00 per hour shall be considered just compensation and no additional benefits or holiday pay 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. 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. 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 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. 5.2. Employee's employment 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. 6. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of AGREEMENT FOR TEMPORARY EMPLOYMENT 243 any kind or nature are merged herein. Any modification of this Agreement will be effective only by written execution signed by Employee, Department Director, City Manager and attested to by the City Clerk. 7. EFFECT OF PRIOR AGREEMENTS This Agreement supersedes any prior agreement between the City and the Employee, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewhere provided and not expressly provided in this Agreement. 8. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Employee, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Employee or any other party. 9. CONFIDENTIALITY Employee shall hold and safeguard 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. 10. CONFLICTS OF INTEREST The Employee may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Employee shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. 11, OUTSIDE ACTIVITIES Employee is expected to devote his /her full time, attention and efforts to the performance of his or her assigned duties. An Employee shall not engage in any outside employment or business activities during his /her workday. An Employee shall 3 AGREEMENT FOR TEMPORARY EMPLOYMENT 244 not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, his /her ability to perform the duties, functions, or responsibilities of his /her Position. Employees may obtain and /or maintain employment with persons or entities other than the City or self - employment (outside employment) subject to written approval by the Department Director. 12. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 13. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 14. AMENDMENTS This Agreement may modified or amended only by a written document executed by the Employee, Department Director and City Manager and further approved as to form by the City Attorney. 15. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 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. 4 AGREEMENT FOR TEMPORARY EMPLOYMENT 245 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates below. CITY OF NEWPORT BEACH, A Municipal Corporation Dated: By: Kimberly Brandt, AICP Community Development Director APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Dated: 3 — zo -lt[ By_ r— Aaron C. rp, City Attorney ATTEST: Dated: Bv: Leilani I. Brown City Clerk Temporary Employment Agreement CITY OF NEWPORT BEACH, A Municipal Corporation Date: By: Dave Kiff City Manager EMPLOYEE: Dated: By: Kay Sims 5 AGREEMENT FOR TEMPORARY EMPLOYMENT 246