POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH KEVIN BASS FOR FIRE MARSHAL - CIVILIAN SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT ("Agreement")ismade effectiveas ofthe 9th day ofJune, 2026 ("EffectiveDate"),by and between the City of Newport Beach, a Californiamunicipal corporationand charter city ("City")and KEVIN BASS ("Employee"),an individual(sometimes collectivelyreferredto herein as "the Parties"),whose mailing address ison filewith the City,with referenceto the following:
RECITALS
A. Cityisa municipalcorporationduly organized and validlyexistingunder the laws of the State of Californiawith the power to carryon itsbusiness as itis now being conducted under the statutes of the State of California and the Charterof theCity.
B. Cityrequirestemporary Civilian FireMarshal services.
C. Inaccordance with Government Code Section 21221(h), Employee's servicesare being retained by the City as an interimappointment by the City Manager to a vacant positionduring recruitmentfor a permanent appointment and deemed by the CityManager to requirespecializedskillsor are requiredduring an emergency to prevent stoppage of public business. Employee shallonly be appointed once to thisvacantposition.The Employee appointedtothisvacant positionpursuant to thissubdivisionshallnot receive any benefits,incentives,compensation in lieu of benefits,or any other forms of compensation in additionto the hourly rate. A retiredannuitant appointed pursuant to thissubdivisionshallnot work more than 960 hours each fiscalyear regardless of whether he or she works forone or more employers.
D. The Citydesiresto employ Employee on a provisional"atwill"basisand to enterinto an Agreement with Employee fortemporary Fire Marshal - Civilianemployment ("Position")servicesupon the terms and conditionsinthisAgreement.
E. Employee is willingto accept such temporary employment on the terms and conditionsset forthinthisAgreement.
NOW, THEREFORE, itismutuallyagreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on June 9, 2026, or earlieras directed,inwriting,by the FireChief,and shallend June 8,2027, unless terminatedearlier as provided herein.
Attachment A
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Servicesshallincludethe following:Fire Marshal - Civilian,as further describedinthe Job Descriptionattachedheretoas ExhibitA and incorporatedhereinbyreference.
2.2 Alldutiesshallbe performed incompliancewithCityordinances,policies, rulesand regulations.Employee shallfamiliarizehim or herselfwiththe City'sEmployee Manual. At alltimes,Employee agrees to perform allservices relatedto Employee's employment hereunderfaithfullyand diligentlyand todischargethe responsibilitiesthereof tothe bestofEmployee's ability.
3. COMPENSATION
3.1 As considerationfor the performance of specifiedservices under this Agreement Employee shallbe compensated as follows:
3.1.1 Pay of Ninety Five Dollarsand 11/100 ($95.11)per hour for hours worked pursuant to thisAgreement. Employee shallbe paid on a bi-weekly basis correspondingtothe City'spayrollscheduleand Employee issubjectto State and Federal income taxwithholdings.The rateof$95.11 perhourshallbe consideredjustcompensation and no additionalbenefits,incentives,compensation inlieuofbenefits,or any otherforms ofcompensationinadditiontothe hourlyrateshallbe providedpursuanttothisAgreement.
3.1.2 Employee's rateof pay shallannuallyadjustbased on the Cost-of- LivingAdjustment (COLA) fora FireMarshal,Step 6, as set forthon ExhibitB to the Memorandum of UnderstandingBetween the Cityof Newport Beach and the Newport Beach FireManagement Association,forJuly 1, 2025 through June 30, 2028 ("MOU").
Effectiveupon the same date such adjustment becomes effective under the MOU, Employee's hourlyrateofpay shallbe equal tothe maximum monthly base salarypaidto a FireMarshal,Step 6, as listedon the MOU forthe applicableperiod,dividedby 173.333.
3.1.3 Employee shall maintain and submit complete records of time expended pursuanttothisAgreement and correspondingto City'spayrollschedule.
4. HOURS
4.1 Hours ofwork are not guaranteed.Employee's serviceswillbe provided on an as needed, per projectbasis,upon writtenrequestof the Department Directoror City Manager. Hours ofwork shallnotexceed 30 hours perweek.
4.2 ItisexpresslyunderstoodthatEmployee isa nonexempt Employee and employment isfora provisional,"atwill"position.
4.3 Employee shallnotwork more than 960 hours each fiscalyear duringthe term ofthe Agreement, regardlessofwhether Employee works forone or more employers, in accordance withCaIPERS postretirementemployment guidelines.Employee shallbe solely responsibleformonitoringhoursworked forallemployers to insurefullcompliance.
Kevin Bass Page 2
5. ADMINISTRATION
This Agreement willbe administeredby the FireDepartment. City'sFire Chief or designee shallbe the Administrator and shallhave the authorityto act forCity under this Agreement. The AdministratorshallrepresentCityinallmatters pertainingto the services to be rendered pursuant to thisAgreement.
6. NOTICES
6.1 Allnotices,demands, requestsor approvals,includingany change inmailing address, to be given under the terms of thisAgreement shallbe given in writing,and conclusivelyshallbe deemed served when deliveredpersonally,or on the thirdbusiness day afterthe deposit thereof in the United States mail,postage prepaid,first-classmail, addressed as hereinafterprovided.
6.2 Allnotices,demands, requests or approvalsfrom Employee to City shallbe addressed to Cityat:
Attn:Chief JeffBoyles
Newport Beach FireDepartment
Cityof Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
6.3 Allnotices,demands, requests or approvals from Cityto Employee shallbe addressed to Consultant at:
Kevin Bass
At home address then shown in Employer's files
7. TERMINATION
7.1 Employee's employment is "at will" which means that Employee's employment with Citymay be terminated at any time,with or withoutcause, by eitherparty by giving24 hours priorwrittennoticeto the other party.
7.2 Provisional Employee shall mean any person who, pursuant to an Appointment, contractor otherwise,performs work thatisgenerallyidentifiedinthe Annual Budget and isof limiteddurationor seasonal in nature.
7.3 Employee's employment statuscannot be changed except inwritingon a form signed by the Department Director,CityManager and Employee.
7.4 Nothing in thisagreement shallprevent,limitor otherwise interferewith the rightof the Employee to resignat any time from the temporary positionwiththe City.
Kevin Bass Page 3
7.5 No promises or representationsregarding regular,fulltime or permanent employment statushave been made to Employee and Employee has no expectation of permanent employment withthe City. Furthermore,Employee has no expectationof Civil Service classification,rightsor statusunder thisAgreement.
7.6 Upon terminationof thisAgreement, the City shallpay to Employee that portionof compensation speciifedinthisAgreement thatisearned and unpaid priorto the effective date of termination.
8. EFFECT OF PRIOR AGREEMENTS
This Agreement supersedes any prioragreement between the City and the Employee, except thatthisAgreement shallnot affector operate to reduce any benefitor compensation inuringto the Employee of a kind elsewhere provided and not expressly provided inthisAgreement.
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 thisAgreement, shallbecome the exclusive propertyof City, and City shallhave the sole rightto use such materialsin itsdiscretionwithout further compensation to Employee or any other party.
10. CONFIDENTIALITY
Employee shallhold and safeguard conifdentialinformationintrustforthe Cityand shallnot,withoutthe priorwrittenconsent of the City,misappropriate or discloseor make availableto anyone foruse outsidethe Cityat any time,eitherduring hisemployment with the Cityor subsequent to the terminationof hisemployment with the Cityforany reason, including,without limitation,terminationby the City for cause or without cause, any conifdentialinformation,whether or not developed by Employee, except as requiredinthe performance of Employee's dutiestothe City.Alldocuments, includingdrafts,preliminary drawings or plans, notes and communications that result from the services in this Agreement, shallbe kept confidentialunless City authorizesin writingthe release of information.
11. CONFLICTS OF INTEREST
11.1 The Employee may be subjectto the provisionsof the CaliforniaPolitical Reform Act of 1974 (the"Act"),which (1)requiressuch persons to discloseany ifnancial interestthat may foreseeablybe materiallyaffectedby the work performed under this Agreement, and (2) prohibitssuch persons from making, or participatingin making, decisionsthatwillforeseeablyifnanciallyaffectsuch interest.
11.2 Ifsubjectto the Act,Employee shallconform to allrequirements of the Act.
Failure to do so constitutes a material breach and isgrounds forimmediate terminationof thisAgreement by City.
KevinBass Page 4
12. OUTSIDE ACTIVITIES
12.1 Employee isexpected to devote his/herfulltime,attentionand effortsto the performance of hisor her assigned duties.An Employee shallnot engage in any outside employment or businessactivitiesduringhis/herworkday. An Employee shallnot engage in any employment, outsideactivity,or enterprisethatisinconsistent,incompatibleor in conflictwith,or that interfereswith,his/herabilityto perform the duties,functions,or responsibilitiesof his/herPosition.
12.2 Employees may obtainand/ormaintainemployment with persons or entities otherthan the Cityor self-employment(outsideemployment) subjectto writtenapproval by the Department Director.
13. STANDARD PROVISIONS
13.1 Recitals.Cityand Employee acknowledge thatthe above Recitalsare true and correctand are hereby incorporatedby referenceintothisAgreement.
13.2 Compliance with allLaws. Employee shall,at itsown cost and expense, comply with allstatutes,ordinances, regulationsand requirements of allgovernmental entities,includingfederal,state,county or municipal,whether now in force or hereinafter enacted. In addition,allwork prepared by Employee shallconform to applicableCity, county,stateand federallaws,rules,regulationsand permitrequirementsand be subjectto approval ofthe Department Directorand City.
13.3 Conflicts or Inconsistencies. In the event there are any conflictsor inconsistenciesbetween thisAgreement and the Job Descriptionor any other attachments attached hereto,the terms ofthisAgreement shallgovern.
13.4 Waiver. A waiver by eitherpartyof 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 conditioncontained herein, whether of the same or a different character.
13.5 IntegratedContract. This Agreement represents the fulland complete understanding of every kind or nature whatsoever between the partieshereto, and all preliminarynegotiationsand agreements of whatsoever kindor nature are merged herein.
No verbalagreement or impliedcovenant shallbe held to vary the provisionsherein.
13.6 Interpretation.The terms ofthisAgreement shallbe construed inaccordance withthe meaning ofthe language used and shallnotbe construedforor againsteitherparty by reasonoftheauthorshipoftheAgreement orany otherruleofconstructionwhich might otherwiseapply.
13.7 Amendments. ThisAgreement may be modifiedoramended onlyby a written document executed by both Employee and Cityand approved as to form by the City Attorney.
KevinBass Page 5
13.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwise unenforceableby a court of competent jurisdiction,the remaining provisionsofthisAgreement shallcontinue infullforce and effect.
13.9 Controlling Law and Venue. The laws of the State of Californiashallgovern thisAgreement and allmattersrelatingtoitand any actionbroughtrelatingtothisAgreement shallbe adjudicatedina courtof competent jurisdictioninthe County of Orange, State of California.
13.10 No Attorneys'Fees. Inthe event of any disputeor legalactionarisingunder thisAgreement, the prevailingpartyshallnot be entitledto attorneys'fees.
13.11 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shallbe deemed an originaland allof which together shall constituteone (1)and the same instrument.
(SIGNATURES ON NEXT PAGE]
Kevin Bass Page 6
IN WITNESS WHEREOF, thepartieshave caused thisAgreement to be executed on the dates written below.
CITY OF NEWPORT BEACH,
a Californiamunicipalcorporation
Date:
CITY OF NEWPORT BEACH,
a Californiamunicipalcorporation
Date:
By:
Seimone Jurjis
City Manager
JeffBoyles
Fire Chief
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: z
By:
ron .Harp
CityAttorney
EMPLOYEE: KEVIN BASS
Date:
By:
Kevin Bass
ATTEST:
Date:
By:
Lena Shumway
CityClerk
[END OF SIGNATURES]
Attachments:
ExhibitA: Job Description
KevinBass Page 7
EXHIBIT A
JOB DESCRIPTION
KevinBass Page A-1
CityofNewport Beach - Class SpecificationBulletin
CHEWPp 'r
o @ CityofNewport Beach
U FIRE MARSHAL-CIVILIAN
CLASS CODE 350007 SALARY $74.52 - $95.11 Hourly
$5,961.82 - $7,608.88 Biweekly
$12,917.29 -$16,485.91 Monthly
$155,007.42 - $197,830.88
Annually
ESTABLISHED DATE July27,2018 REVISION DATE July27,2018
Definition
To manage the activitiesand operations of the FirePrevention Divisionwithin the FireDepartment; directand coordinatethe operations and deliveryof fireprevention,fireinspectionand plan checking,and hazardous materialsmanagement servicesin collaborationwith the Community Development Department; and to perform a varietyof advanced levelprofessional,administrativeand technicalduties in support of the FireChief.
DISTINGUISHING CHARACTERISTICS: The Civilian Fire Marshal isa non-safety DivisionChief position.
Incumbents atthislevelexerciseconsiderablejudgment, operate with a high degree of independence, and possess advanced knowledge of the principalsand practicesof fireprevention and lifesafety programs and services.
SUPERVISION RECEIVED AND EXERCISED: Reports directlyto the FireChief and receivestechnicaldirection from the Community Development Director;exercisesdirectsupervisionover assigned technical,professional and administrativesupport staff.
Essential Duties
The following essentialfunctionsare typicalforthisclassification.Incumbents may not perform allof the listed functionsand/or may be requiredto perform additionalor differentfunctions from those below, to address business needs and changing business practices:
• Plan,organize and administerpoliciesand programs forthe City'sfirepreventionservices,includingfire& buildingcode inspection,plan review,and hazardous materialsmanagement; monitor program operations and personnel and ensure compliance with local,State and Federal regulationsand procedures; • Manage the development and implementation of divisionalgoals,objectives,policies,and prioritiesfor assigned programs; recommend, withinDepartmental policy,appropriate serviceand staffinglevels; recommend and administerpoliciesand procedures to increasedepartmental/divisionalefficiencyand effectiveness;
• Supervise FirePreventionDivisionstaff;prioritizeand assign work; coach, motivate and providefeedback on employee performance; trainstaffand ensure compliance with applicablepersonnel policiesand 1/4
Cityof Newport Beach - Class SpecificationBulletin
procedures;promote a healthy and safe working environment; approve payroll records;and make hiring, termination,and disciplinaryrecommendations;
• Oversee departmental fireinspectionprograms for new and existingcommercial and residential occupancies as required by statue;ensure compliance with the CaliforniaFireCode, cityordinances,state and locallaws and nationallyrecognizedfirepreventionstandards; • Develop and interpretState and localcodes and ordinances related to fireprevention and safety;rule on alternatemeans and methods forconstructionand engineered community fireprotection; • Oversee new constructionoffiresuppressionsystems,firealarm systems plan review, pre-construction meetings, and act as liaisonwith internaland externalstakeholders; • Manage FirePrevention Divisionrecords and program data to ensure accurate record keeping; supervise data entry activitiesforthe firepermits program, hazardous materialsdisclosureprogram, emergency plans,and the Department Record Management System (RMS); serve as custodian of records for allfire prevention activitiesthroughout the Department;
• Manage, participatein,and facilitatetrainingand education infireprevention,code enforcement, building constructionand inspectionservices,hazardousmaterialsregulations,community disasterresponse, and related topics;
• Prepareand manage the divisionbudget includingforecasting,allocatingresources and monitoring and approving expenditures; monitor budget compliance;
• Represent the City on a varietyof boards, commissions, advisory councils,and/or community groups; attend and participatein professionalgroup meetings; stay abreast of new trends and innovations in the fieldof firepreventionandinspection;
• Conduct various organizationaland operational studies;recommend modificationsto fireprevention and inspectionprograms, policies,and procedures as appropriate; • Respond to complex community, business, and citizeninquiriesand resolve difficultand sensitive complaints;
• Ensure adherence to a high level of customer service; • Regularly and predictablyattend work; and
• Perform related duties as assigned.
Qualifications
To perform thisjob successfully,an individualmust be able to perform each essentialfunction.The requirements listedbelow are representativeof the knowledge, skill,and/or abilityrequired.
Knowledge of:
Principlesand practicesof fireprevention,fireinspectionand code compliance, fireplan review, and hazardous materials management;
Principlesand practicesused infiresuppression management; PertinentFederal,State and locallaws and regulationsincludingCity of Newport Beach firesafetycodes, CaliforniaFireCode,NFPA Standardsand EPA regulationspertaining to hazardous materials; Applicable safety regulations,practicesand procedures, and currenttrends infireprevention and lifesafety; Management principlesand practicesincludingstaffsupervision,coaching and counseling; 2/4
Cityof Newport Beach - Class SpecificationBulletin
Principlesand practicesof publicsectorbudgeting and contract administration;and Customer serviceand conflictresolutionprinciplesand practices.
Ability to•
Effectivelymanage and coordinatea comprehensive fireprevention program and develop and implement fire prevention policies,procedures, trainingmaterialsand manuals; Develop, enforce and interpretCity firecodes;
Assess employee performance and effectivelysupervise,trainand evaluatethe work of subordinate personnel; Stay abreast of innovations and standards inthe fieldsof firecode compliance and plan review,and hazardous materialsmanagement;
Interpretand apply relevantFederal,State and localpolicies,procedures, laws and regulations; Use desktop computer software, such as Excel,Word, PowerPoint and database applications; Gather and analyze data and prepare comprehensive reports; Maintain confidentialityof privilegedinformation;
Handle stressful or sensitive situations with tact and diplomacy; Analyze problems and develop logicalsolutions;
Work cooperativelywith other departments, Cityofficialsand outside agencies; Communicate clearlyand concisely,both orallyand in writing; Regularly and predictablyattend work;
Follow directionsfrom a supervisor and accept constructivecriticism; Understand and follow posted work rulesand procedures;
Establishand maintain cooperative working relationshipswith those contacted inthe course of work; Participateinevening or weekend meetings to conduct presentations or workshops as necessary.
PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS:
Work isperformed in both an officeand outdoor environment and will requiretravelto off-sitefacilities.Job duties involvesitting,standing,climbing,and walking forprolonged or intermittentperiods of time,and reaching, https://www.govemmentjobs.com/careers/newportbeach/classspecs/newprint/1247859 3/4 CityofNewport Beach - Class SpecificationBulletin
bending,and twistingatthe waist to perform fieldwork, desk work, operate a vehicleand general office equipment, includinga personal computer and keyboard,for prolonged or intermittentperiods of time.The operationof a personalcomputer also requiresfingerand wristdexterityand the abilityto withstand exposure to vibration,pitchand glarefrom the computer. Must be able to safelyliftand carrybooks,filesand reports weighing up to 25 pounds. Must be able to liftfilesand reportsfrom counter tops or filedrawers. Must be able to climbup and down moderate to steepslopesas wellas ladders to roofsof buildingsunder construction;have the abilityto withstand exposure to temperature variations,noise,vibrations,fumes, odors and dust; and to see and hear inthe normal range with or without correction.
Experience & Education and License/Certificate
A combination of experienceand trainingthatwould likelyprovidethe requiredknowledge and abilitiesmay be qualifying.A typicalway to obtainthe knowledge and abilitieswould be:
Experience: Five(5)or more years of progressivelyresponsible experience infireprevention services,including experience infirecode enforcement, plan review hazardous materialsmanagement, and fireeducation,including two years of administrativeand supervisoryresponsibility.
Education: Equivalentto completion of a Bachelor'sdegree inFireScience,Engineering,PublicAdministration, or a relatedfield.A Master'sdegree inPublicAdministrationor a related field desirable.
Licenses or Certificates:
Due to the performance of some fielddutieswhich requirethe operation of a personal or City vehicle,a valid CaliforniaClass C driver'slicenseand an acceptabledrivingrecordare required.
Possession of InternationalCode Council (ICC)FireInspectorIICertificationor FirePlans Examiner.
Possession of,or abilityto obtainwithinsix(6)months of hire,CaliforniaPC 832 certificate.
State Registered FireProtectionEngineer and/or State of CaliforniaOffice of the Fire Marshal Certificationas Fire Prevention Officeror FireMarshal ispreferred.
Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, inthe event of a disaster,are considered disasterserviceworkers and may be asked to respond accordingly.
FLSA Classification:Exempt. This positionmay be requiredto work extended hours and on holidays as needed. Must have the abilityto respond 24/7 to a varietyof emergency conditions as they arise. 4/4