Loading...
CONTRACT 6650 - PERM Other CLOSEDAgreement No. 6650 CITY OF EL SEGUNDO EMPLOYMENT AGREEMENT FOR INTERIM CHIEF FINANCIAL OFFICER SERVICES THIS EMPLOYMENT AGREEMENT FOR INTERIM CHIEF FINANCIAL OFFER SERVICES ("Agreement") is made and entered into as of this 2nd day of May, 2023 by and between the City of El Segundo ("City") and David Cain ("Employee"). RECITALS A. Pursuant to Government Code sections 7522.56(c) and 21221(h), City desires to employ Employee, a California Public Employees' Retirement System (Ca1PERS) retiree, on an interim basis in the position of Interim Chief Financial Officer for the City of El Segundo while the City actively recruits a permanent Chief Financial Officer. B. Pursuant to Government Code sections 7522.56(c) and 21221(h), the City Council finds that the position of Interim Chief Financial Officer requires specialized skills and experience to plan, direct, manage, and oversee the functions, programs, and operations of the Finance Department and that Employee possesses the skills needed to perform the functions and duties of Interim Chief Financial Officer. C. Employee desires to accept appointment to the position of Interim Chief Financial Officer under the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, the parties agree as follows: 1. Duties. City hereby employs Employee as Interim Chief Financial Officer for the City of El Segundo to perform the functions and duties of the Chief Financial Officer, as specified by the City's Municipal Code and the Government Code, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign or as may be necessary and desirable in the opinion of Employee for the efficient management of the Finance Department. As part of his duties, Employee shall assist with the recruitment of a permanent Chief Financial Officer. 2. Work. Schedule. During his employment, Employee shall devote such time, interest and effort to the performance of this Agreement as is necessary to carry out his duties as Chief Financial Officer. Employee shall be available during normal City business hours and shall be available for attendance at City Council and other meetings during non -business hours as may be necessary. Employee acknowledges that his duties will often require performance of services outside of normal business hours. In no event shall Employee be compensated for more than 960 hours during the term of this Agreement, including any extension hereof. Page 1 of 5 Agreement No. 6650 3. Work Restrictions/CalPERS. At the time this Agreement is entered into, Government Code Section 21224 allows a CalPERS retiree to perform contractual employee services under certain circumstances for up to a total of 960 hours in any fiscal year for all CalPERS contracting employers without being reinstated from retirement, and without loss or interruption of CalPERS retirement benefits. It is the Employee's responsibility to ensure that services performed under this Agreement are in compliance with the Employee's Ca1PERS obligations. If a controversy arises between Employee and CalPERS regarding the impact of this Agreement and the services provided for herein upon the nature of CalPERS retirement benefits, the City shall have no obligation to intervene in or defend or prosecute such dispute. Accordingly, it is recommended by the City that, prior to entering into this Agreement, Employee first bring it to the attention of CalPERS and that Employee thereby personally determine what, if any, impact this Agreement and the performance of the services set forth herein will or may have upon the employee's CalPERS retirement benefits. Additionally, it is recommended that Employee consult with his own legal counsel regarding the terms and conditions of this Agreement. Employee hereby releases and holds harmless the City and its officials, officers, employees and agents from and against any and all actions (including imposition of costs, fines and penalties) that Ca1PERS may impose against Employee arising from or relating to this Agreement. This provision shall survive the expiration or earlier termination of this Agreement. 4. Term. Subject to earlier termination as provided for in this Agreement, Employee shall be employed for a term beginning May 16, 2023, and ending on November 15, 2023, or when a permanent Chief Financial Officer assumes office. 5. Compensation. For services rendered pursuant to this Agreement, City agrees to pay Employee compensation of $103.37 per hour, which amount is in conformance with the requirements of Government Code section 7522.56(d). This hourly rate does not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule for the Chief Financial Officer position, divided by 173.333. Employee shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate set forth herein. Employee will be compensated in bi-weekly payments (at the same time that City employees are regularly paid) and Employee's hourly wages paid pursuant to this Agreement are subject to all applicable withholdings and deductions in accordance with applicable law. Employee shall record all of his hours on a daily basis and transmit such records to the Finance Department on a weekly basis. Employee's attendance at conferences and seminars that are normal and customary for Chief Financial Officers shall be deemed working hours for purposes of this Agreement. 6. Benefits. Employee hereby waives all benefits provided to City employees, including retirement contribution, health/medical insurance, dental insurance, life and disability insurance, sick leave, vacation, unemployment insurance and similar benefits. Notwithstanding the foregoing, Employee shall be entitled to observe all City holidays in the same manner as employees of the City. Employee recognizes that Government Code section 21221(h) provides that a retired person appointed to a vacant position pursuant to that subdivision may not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. Page 2 of 5 Agreement No. 6650 7. Termination. The City may terminate this Agreement at any time with or without cause. Employee may terminate this Agreement at any time with or without cause provided, however, he shall provide the City Council with at least two weeks' advance written notice prior to the effective date of termination, if practicable, unless a shorter period is acceptable to the City Council. Employee agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement for any reason whatsoever. 8. At -will Em lg ment/FL A Exean t. Employee shall serve at the will and pleasure of the City Council and understands he is an "at -will" employee subject to summary dismissal without any right of notice or hearing, including any so-called "Skelly" hearing. Employee will not acquire any property interest in the position of Interim Chief Financial Officer and is employed solely on a temporary basis to perform specialized services in accordance with Government Code sections 7522.56(c) and 21221(h). Employee further understands and agrees that his position is that of an exempt employee for purposes of the Fair Labor Standards Act. 9. Certification Regarding Prior Unemployment Benefits. In accordance with Government Code section 7522.56(e)(1), Employee certifies and warrants to City that he has not received any unemployment insurance payments for retired annuitant work for any public employer within the twelve months prior to his appointment date under this Agreement. 10. Reimbursable Expenses. During the term of this Agreement, City shall reimburse for reasonable business expenses, including travel (but not to and from the worksite), parking and professional dues associated with maintaining membership in professional organizations pursuant to the applicable provisions of the El Segundo Municipal Code and City administrative policies. Reimbursement requests must be supported by written documentation in accordance with established policies and customary practices of the City. 11. Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain any financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to the Political Reform Act (Gov't Code § 87100, et seq.), Government Code sections 1090 and 1126, and all other similar statutory or administrative rules. Employee represents and warrants that he has no financial, contractual or other interest or obligation that conflicts with or is harmful to the performance of his obligations under this Agreement. 12. Indemnification. For the purposes of indemnification and defense of legal actions, Employee shall be considered an employee of the City and shall be entitled to the same rights, and subject to the same obligations and limitations, as other employees of the City as set forth in the Government Code. Accordingly, City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an act or omission occurring within the course and scope of Employee's services under this Agreement. Notwithstanding the foregoing, this indemnification obligation shall not apply to any intentional tort or crime committed by Employee to any action outside the course and Page 3 of 5 Agreement No. 6650 scope of services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee. 13. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or sent by U.S. Mail, first class postage prepaid, to the following address: To City: City of El Segundo 350 Main Street El Segundo, CA 90245 Attn: City Attorney To David Cain: 219 N. Thistle Road Brea, CA 92821 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the United States Mail. 14. Entire Agreement. This Agreement supersedes any and all prior understandings or agreements, written or oral, between the parties, and contains all of the covenants and agreements between the parties regarding the subject matter herein. Each party acknowledges that no promises, representations, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not set forth herein. No modification to this Agreement shall be effective unless reduced to writing and signed by both parties. 15. Severabdlity. In the event any provision of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force an effect. 16. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 17. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The exclusive venue for all disputes arising from or related to this Agreement shall be the Superior Court for the County of Los Angeles. 18. Interpretation. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Page 4 of 5 Agreement No. 6650 19. lnde endent Le al advice. City and Employee represent and warrant to each other that each has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such parry's own judgment and advice of independent legal counsel. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George, City Manager ATTEST: d holy �, mia IIracy Weav City Clerk APPROVED AS TO FORM: Joaquin Vazquez for: Ma k Hensley, City Attorney DAVID CAIN David Cain Page 5 of 5