CONTRACT 3992 - PERM Other CLOSED3��L • .
EMPLOYMENT AGREEMENT
This Employment Agreement ( "Agreement ") is effective as of September 15,
2009 between the City of El Segundo ( "City ") and Robert Hyland ( "Hyland ").
RECITALS
Whereas Hyland has informed the City that he will be filing the necessary
documents to commence receiving retirement benefits from the California Public
Employees Retirement System ( "PERS ") as of December 31, 2009, and concurrently
therewith terminate his current employment status with the City; and,
Whereas the City desires to have Hyland continue to provide contractual services
as the Director of Human Resources for the City for the period of January 1, 2010
through June 30, 2010 pursuant to the terms of this Agreement, based upon the
experience that Hyland has in human resources, and particularly with the City, as the City
believes such skills are of significant value to the City for the term of this Agreement;
and,
Whereas Hyland desires to continue functioning as Director of Human Resources
for the City on a contractual basis.
Now Therefore, the City and Hyland do hereby covenant, agree and warrant as
follows:
Section 1. Term of Agreement. During the term of this Agreement Hyland shall
be an "at- will" contractual employee of the City. The Agreement shall be in effect from
January 1, 2010 through June 30, 2010 unless it is terminated prior to June 30, 2010 by
the City Manager or City Council. The City Council or City Manager may by written
notice to Hyland, immediately terminate this Agreement and thereby Hyland's
contractual employee status with the City at any time, with or without cause.
Section 2. Duties and Authority. Hyland shall, and have the authority to,
discharge those duties and responsibilities set forth in the City's job description for the
Director of Human Resources, the El Segundo Municipal Code, and other applicable
federal, state, and local laws and regulations; and, fulfill such other duties and
responsibilities that are assigned to him from time to time by the City Manager.
Additionally, Hyland shall coordinate with the City Manager by March 1, 2010 an
acceptable transition plan with regard to the anticipated filling of the Director of Human
Resources position beginning July 1, 2010.
Section 3. Hours and Compensation. During his employment, Hyland shall
devote such, time, interest and effort to the performance of this Agreement as is
necessary to duly carry out his duties as Director of Human Resources. It is expected that
Hyland shall devote an average of 36 hours per week to the performance of his duties. In
no event, shall Hyland work or be compensated for more than 960 hours during the
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period of January 1, 2010 through June 30, 2010. Hyland shall be paid at the rate of
$76.56 per hour, payable in bi- weekly payments (at the same time that City employees
are regularly paid) which shall be subject to all applicable federal, state and local payroll
withholdings and deductions. Hyland shall record all of his hours on a daily basis and
transmit such records to the Finance Department on a weekly basis. Hyland's attendance
at conferences and seminars that are normal and customary for Human Resource
Directors, and which are approved in advance by the City Manager, shall be deemed
working hours for purposes of this Agreement.
Section 4. Benefits. Hyland shall not receive any benefits, including but not
limited to medical, dental, sick leave, vacation time, etc., that are generally available to
other City employees. However, Hyland shall be entitled to take up to 100 hours of time
off, for the period of January 1, 2010 through June 30, 2010, as personal time to be
utilized for whatever reason he chooses and submit such hours for payment as part of the
960 hours that he may compensated for during the six month period.
Section 5. Expense Reimbursement. During the term of this Agreement, City
shall reimburse Hyland for reasonable business expenses, including travel, parking,
business meetings and professional dues associated with maintaining membership in
human resources related professional organizations pursuant to the applicable provisions
of El Segundo Municipal Code and City administrative policies.
Section 6. Indemnification bCity. In accordance with the California
Government Code, the City shall defend, hold harmless and indemnify Hyland against
any claim or legal action arising out of any alleged act or omission occurring within the
scope of Hyland's employment as Director of Human Resources, except any action that
may be brought by PERS as set forth in Section 7.
Section 7. PERS Benefits. At the time this Agreement is entered into,
Government Code Section 21224 allows a PERS retiree to perform contractual employee
services under certain circumstances for up to a total of 960 hours in any PERS fiscal
year for all PERS contracting employers without being reinstated from retirement, and
without loss or interruption of PERS retirement benefits. However, it is agreed and
acknowledged by the parties that in making this Agreement available to Hyland, neither
the City nor any of its elected or appointed officials, officers, employees or agents
assures, represents, or guarantees that performance of the contracted -for services is in
accordance with these certain circumstances and will have no impact upon Hyland's
PERS' retirement benefits. If a controversy arises between Hyland and PERS regarding
the impact of this Agreement and the services provided for herein upon the nature of
PERS retirement benefits, the City shall have no obligation to intervene in or defend or
prosecute such dispute notwithstanding the indemnification set forth in Section 7 of this
Agreement. Accordingly, it is recommended by the City that prior to entering into this
Agreement, Hyland first bring it to the attention of PERS and that Hyland 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 PERS' retirement
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benefits. Additionally, it is recommended that Hyland consult with his own legal counsel
regarding the terms and conditions of this Agreement, including this Section 8 of this
Agreement. Hyland 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 PERS may impose against Hyland arising from or
relating to this Agreement. This provision shall survive the termination of this
Agreement.
Section 8. Governing Law and Venue. This Agreement shall be construed in
accordance with the laws of 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 9. Joint Drafting. This Agreement shall be interpreted as though it was
prepared by both the City and Hyland.
Section 10. Entire Agreement. This Agreement reflects the entire understanding
of the City and Hyland with regard to Hyland's contractual employment with the City
and supersedes all prior written and oral understanding and agreements with respect
thereto. This Agreement can only be amended in a writing signed by the City and
Hyland.
Section 11. Severability. Should any provision of this Agreement be deemed by
a court of competent jurisdiction to be invalid or unenforceable such shall not effect the
validity or enforceability of any other provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY OF EL SEGUNDO ROBERT HYLAND
ATTEST:
Cindy M esen, City Clerk
APPROVED AS TO FORM:
RON Wt W4M-,&W
I no m., a:
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Mark D. ensley, City Attorney