2023 Contreras-Borgetti, Harold - Maintenance Worker I (Jan - Jun)MEMORANDUM
DATE: November 22, 2022
TO: Jon McMillen, City Manager
FROM: Elizabeth Chaudhry, Administrative Technician
RE: Harold Contreras Borgetti - Temporary Employment Agreement for Maintenance Worker
I in the Public Works/Engineering Department effective January 1, 2023
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on
City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
Bid RFP n RFQ [ 3 written informal bids
Sole Source LI Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
201-7003-50251
Agreement payment will be charged to Account No.:
�Agreement term: Start Date 01/01/2023 End Date 06/30/2023
✓l
Amount of Agreement, Amendment, Change Order, etc.: $ N/A
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: N/A Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. N/A Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
TEMPORARY EMPLOYMENT AGREEMENT WITH
HAROLD CONTRERAS BORGETTI
This TEMPORARY EMPLOYMENT AGREEMENT ("Agreement") is made and
entered into this 1st day of January 2023, ("Effective Date"), by and between the City
of La Quinta, a public body ("City"), and Harold Contreras Borgetti, an individual
("Employee"), both of whom understand as follows:
City and Employee agree as follows:
Section 1. Duties.
City hereby agrees to employ said Employee as Temporary Maintenance Worker I on
a temporary status. Employee agrees to perform the duties under this Agreement as
described in Exhibit A attached hereto.
Section 2. Term.
A. Temporary employment shall commence on January 1, 2023, which shall also
be deemed the effective date of this Agreement and will terminate on June 30, 2023.
B. Employee is "AT WILL" serving at the pleasure of the City Manager and subject
to summary dismissal without any right of pre- or post -termination hearing, or any
other form of due process, including any Skelly hearing.
C. Both Employee and the City may terminate Employee's employment at any
time, for any reason, with or without cause, upon written notice to the other.
Employee is not entitled to receive any severance compensation, other than the
wages due to the Employee through the last day of Employee's employment.
Section 3. Salary.
A. City agrees to pay Employee at a rate of $19.78 per hour for the performance
of the duties described in Exhibit A for the term of the agreement.
B. City agrees to pay Employee overtime for time worked more than forty (40)
hours in a work week. All overtime worked by the Employee must be approved in
advance by the Employee's supervisor.
C. Compensation shall be paid by the City bi-weekly and will be subject to City
withholdings.
Section 4. Hours of Work.
A. The Employee's work schedule will vary according to the need of the City. The
City agrees to provide a two -week notice for any work schedule changes.
B. City does not guarantee a minimum hours of work per day, workweek, or days
of work within a workweek.
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Section 5. Benefits.
Employee is not eligible to participate in the City's Employee Benefit Plan except as
otherwise required by law, including but not limited to the Affordable Care Act.
Section 6. Other Terms and Conditions of Employment.
A. This agreement shall be governed by the laws of the State of California.
B. The City will comply with all CaIPERS laws, regulations, and legislations.
C. The Employee agrees and acknowledges that they will comply with the City's
Personnel Policies and Procedures (excluding Section 2.3, 7.3, 7.5 and Sections 3, 4,
6, 8, 10, 11, 13, and 14), as well as any other rules, policies, and procedures relating
to the Employee's job duties and/or responsibilities.
D. The Employee agrees to not disclose any confidential information regarding the
City, or any persons employed by the City to anyone outside the City during and after
the term of the Employee's employment with the City.
E. Immediately upon termination of this Agreement, the Employee agrees to
return all equipment or documents relating to City business to the Human Resources
Division.
Section 7. General Provisions.
A. This Agreement shall constitute the entire agreement between the parties. No
prior oral or written communications are incorporated herein.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at
law and executors of Employee.
C. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in
full force and effect.
D. This Agreement may be signed in counterparts with signature pages
transmitted by email, facsimile, personal delivery or overnight delivery, all of which
will be treated as originals.
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IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be
dated, signed and executed in its behalf by its City Manager, and duly attested by its
City Clerk, and the Employee has dated, signed and executed this Agreement, both
in duplicate, to become effective as of the Effective Date.
CITY OF LA QUINTA, a California municipal corporation and charter city:
Digitally signed by
Claudia Martinez
Date: 2023.01.03
11:50:31 -08'00'
Claudia Martinez, Acting City Manager
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
EMPLOYEE:
By:
Ha .Id Contreras Borgetti
Date: 01/03/2023
January 3, 2023
Date:
Date:
Date: i 1 / ZZ ZZ
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Exhibit A
Duties and Responsibilities
• Inspects facilities, property and equipment for needed maintenance and
repairs; responds to requests/complaints from the public; provides customer
service.
• Maintains, repairs and operates equipment, vehicles and tools; keeps tools and
equipment in clean and safe working condition.
• Performs parks, street, sidewalk, curb, gutter and right-of-way maintenance
mixes, pours, lays and finishes concrete; paves and repairs potholes using hot
asphalt and cold mix.
• Performs a wide variety of semi -skilled general maintenance work such as
carpentry, painting, tiling, masonry, plumbing, mechanical and electrical.
• Performs irrigation repair and/or maintenance: waters assigned areas;
schedules irrigation to avoid interfering with public use of facilities; repairs
irrigation systems.
Performs general landscape care and maintenance: mows grass areas; cleans
and edges sidewalks; blows and rakes leaves; removes trash; cleans and
maintains parking Tots and drainage systems.
• Orders parts and equipment; research vendors and prices; makes purchasing
recommendations.
• Inputs/scans data into computerized systems; records information on logs and
records. Reads and follows blueprints, maps, technical and operational
manuals, and instructions.
• Maintains and places banners and traffic control barricades for road work,
weather closures, special events and holidays.
• Removing hazardous materials.
• Removing mud on streets from mud slides, water leaks or drainage.
• Filling and placing sandbags during heavy rains and responding to emergency
ruptures in water mains.
• Operating street sweeping equipment.
• Painting street signs, buildings, walls, curbs, and pavement.
• Completing tasks related to the Graffiti Abatement Program.
• Installing, repairing, removing, and replacing street signs and legends.
• Performs other duties of a similar nature and level as assigned.
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