CONTRACT 3993 - PERM Other CLOSED�� �� � � �
~� � ~» .
AGRFEMENT
This Ernp|oynnto1 Agreement (^Agceemeny`) is effective asuf September 15,
2009 be(p/con the City of E| Segundo [�Chv`) and David Cummings ("Cummings").
RECITALS
Whereas Cummings has informed the City that he will be fiUnmthe necessary
documents to commence receiving retirement benefits from the California Public
Employees Retirement System ("PERS") as of October 17, 2009, and concurrently
therewith teonion1c his current employment status with the City; and,
Whereas the City desires to have Cummings continue to provide contractual
services on the Chief o[Police for the City for the period ofOctober |7,2O09through
April \8,2Ol8 pursuant iothe teoosof this Agreement, based upon the experience that
Cummings has in law enforcement, and particularly with the City, as tile City believes
such skills are ofaiguiOcootvalue to the City for the term o[tbioAgreement; and,
Whereas Cummings desires \o continue functioning ao Chief of Police for the City
ouucontractual basis.
NowTherefore, the City and Cummings do hereby covenant, agree and warrant as
[bl\ov/c
Section 1. Term of . During
the term of this AgreemcntCummiugs
shall h ------iU" contractual employee of the City. The Agreement Shn}ibo in effect
6onn October l7,20O9 through April lQ,20\O unless it|o terminated prior to April l8,
20l0hv the City &�unugeror City Couucii The City CouocKorCity may by
vvh�o'nctioc/oCumroinga`lmonediabelyioroinote this Agreement and thereby
[ummiugo`ucontrachual employee status with the City u1mytime, with mwithout
cause.
Cummings $_q.ction_2_, Duties and Authgdty. shall, and have the authority to
discharge those duties and responsibilities set forth in the City's job description for the
Chief of Police, the Et Segundo Municipal Code, mid other applicable federal, state, and
local laws and regulations; and, fulfill such other duties and responsibilities that are
assigned to hini frorn time to time by the City Manager. Additionally, Cummings shall
coordi nate with the City Manager by January 1, 2010 an acceptable transition plan with
rep te Chief of Police position begirtning April 11), 20 10.
gard to the miticipated filling of d
Sec1iou�'_. _f_1_c)ur_,s_and Con.iDensadon. During his employment, Cummings shall
devote such, time, interest and effort to the performance of(his Agreement as is
uu000sury to duly carry out his duties ax Chief n[Police. It in expected that Cummings
shall devote an average of 36 hours per week to the performance of his duties. In no
cvcrk, shall Cummings work orhccompensated for more than ghO hours during the
period of October \7,2089 through April 18, 2010. Cummings obn](he paid at the rate
�//
3993
.
* *°
of $ lll per houz payable bn[i payments (at the same time that City employees
are regularly paid) which shall be subject to all mnn\iowble iedccu|" state and local payroll
withl-ioldings and deductions. Cummings shall record all of his hours onudaily basis and
transmit such records tothe Finance Department onu weekly basis. C000uiogm"n
attendance at conferences and seminars that are normal and customary for chiefs of
police, and which are approved in advance by the City Manager, shall be deemed
working hours for purposes of this Agreement.
. Cummings shall not receive any benefits, including but not
|ioobcd to medical, dental, sick leave, vacation time, etc., that are generally available to
other City *np{oyscu. Dowever, Cummings shall be entitled k) take upto 100 hours of
hmc off, for the period of October l7,2009 through April 1R,2UlO,aa personal time tu
be utilized f*or whatever reason he chooses and submit such hours for payment as part of
the 98U hours that lie may compensated for during the six month period.
Section 5. Vehicle Use. During the term of this Agreement, the City shall
provide Currunings with use of a City vehicle consistent with the terms and conditions
under which the City ordinarily provides the Chief of Police with use of a City vehicle.
Section 6. Exnense Reimbursement. During the term ofthis Agreement, City
shall reimburse Cummings for reasonable business expenses, including travel,
huyioomy coectings and professional dues associated with maintaining membership in \ou/
enforcement related professional organizations pursuant to the applicable provisions nfEi
Segundo Municipal Code and City administrative policies.
Section 7. Indierrinitication by-c�y. ln accordance with the California
OnveroroeotCodo, the City shall defend, hold 6uzo/\eus mid indemnify Cummings
against any claim or legal action arising out o[any u]|ogod act uc omission occurring
within the scope nt[uozmingm`oemployment au Chief nf Police, except any action that
may be brought byPEKS as set forth in Section Q.
Benefits. AJ the time this Agreement is entered into,
Government Code Section 2l224 allows aPER8 retiree to perform contractual employee
services under certain circumstances for up to a total of 960 hours in any PERS fiscal
year for all y£I{S contracting employers without being reinstated from retirement, and
v/itbout loss nr interruption ofP}ZKS retirement h000fits. However, dis agreed and
acknowledged by the parties that in making this Agreement available to Cuoucnio8x,
neither the City nor any of its elected or appointed officials, officers, employees or agents
assures, represents, or guarantees that performance o[ the contracted-for services is in
accordance with these certain circumstances and will have no impact upon Cummings's
P2llS` retirement benefits. lfu controversy arises between Cummings and PE}lS
regarding the impact uf this Agreement and the services provided for herein upon the
nature ofpC}lB retirement beocfitm,the City shall have oo obligation to intervene ioor
defend or prosecute such dispute uotvvibbotoodiug the indemnification set {hdb in Section
7 of this /\grccnneot. Accordingly, itiarecommended by the City that prior to entering
into this Agreement, Cummings first bring it to the attention o{9B8LS and that Cummings
�(u
3993
.
, ^^
thereby personally d `vbu1 if any, impact this Agreement and the performance
of the services set forth herein, will or may have upon the employee's PBRS`retirement
h:oofi\s. Additionally, itiu recommended that Cummings consult with his own legal
counsel regarding the terms and conditions of this Agreement, including this Section 9 of
this Agreement. Cummings hereby releases and holds bunn\eomthe City and its officials,
officers, employees and agents from and against any and all actions (including imposition
of costs, fines and penalties) that PERS may impose against Cummings arising from or
relating 1nthis Agreement. This provision shall survive the \cnnioadon of this
/\grcenocu1.
Venue. Section 9, Governim, t.aw and This Agreement shall be construed io
accordance with the laws nf the State of California and the Los Angeles County Superior
Court shall be the venue for legal disputes arising out of or relating to this Agreement.
Section 10. Joint Drafting. This Agreement shall be interpreted as though it was
prepared by both the City and Cummings.
Section 11. 1-.ntire . This Mrcemcnt reflects the entire understanding
of the City and Cumnoin&s with regard \o Counuingo'scoutcmckm| employment with the
City ind yvpersedes Al prior written and oral widerstai)ding and agreements with respect
ther;10 This Agreement can only be amended io uwcbiug signed by ibe City mid
Cnnnrniog,a.
Section 12. Severabilit . ���do�pmvioiomof0�n���000d��m��
a court of competent jurisdiction to be invalid or unenforceable such shall not effect tile
validity or enforceability of any other provision of this Agreement.
N WITNESS WHEREOF the parties hereto have executed this Agreement the
day arid year first hereinabove written.
CITY [&}Z9FGDNDO
'
�
ATIIST:
-j
�(v
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
39 9 3 - 11 A