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CONTRACT 5248 - PERM Other CLOSEDAgreement No. 5248 Resolution No. 5016 CITY OF EL SEGUNDO EMPLOYMENT AGREEMENT FOR INTERIM POLICE CHIEF SERVICES THIS EMPLOYMENT AGREEMENT FOR INTERIM POLICE CHIEF SERVICES ( "Agreement ") is made and entered into as of this 201h day of December, 2016 by and between the City of El Segundo, a California general law city( "City "), and Mitchell Tavera ( "Tavera "). RECITALS A. Pursuant to Government Code sections 7522.56(c) and 21221(h), City desires to employ Mitchell Tavera, a California Public Employees' Retirement System (Ca1PERS) retiree, on an interim basis in the position of Interim Police Chief for the City of El Segundo while the City actively recruits a permanent Police Chief B. Pursuant to Government Code sections 7522.56(c) and 21221(h), the City Council find that the position of Interim Police Chief requires specialized skills and experience associated with managing a police department and providing critical public safety services and that Tavera possesses the skills needed to perform the functions and duties of Interim Police Chief. C. Tavera desires to accept appointment to the position of Interim Police Chief 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 Tavera as Interim Police Chief for the City of El Segundo to perform the functions and duties of the Police Chief, as specified by the Municipal Code, the Government Code, the Penal Code, and all other applicable laws and to perform such other legally permissible and proper duties and functions as the City Manage may from time to time assign or as may be necessary and desirable in the opinion of Tavera for the efficient management of the Police Department. 2. Work Seliedule. Tavera is expected to engage in the hours of work that are necessary to fulfill the duties and obligations of the position. Tavera 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. Tavera acknowledges that his duties will often require performance of services outside of normal business hours. 3. Work Restrictions. It is the understanding of the parties that Tavera is a retiree in the California Public Employees' Retirement System and, consequently, he may not work more than 960 hours for public agency members of CalPERS within the fiscal year occurring during the term of this Agreement without impacting his retirement benefits and having to be enrolled in Ca1PERS as an active employee. Accordingly, under no circumstances may Tavera work more Page 1 of 5 Agreement No. 5248 Resolution No. 5016 than 960 hours during any City fiscal year, including any time served in other interim appointments. Tavera shall keep accurate time records of his hours worked to ensure that he does not exceed 960 hours within any fiscal year that occurs during the term of this Agreement and for payroll purposes. Tavera further represents that he will not perform work for any other public agency member of Ca1PERS during the term of this Agreement. If a controversy arises between Tavera and CaIPERS regarding the impact of this Agreement and the services provided for herein on the nature of Ca1PERS retirement terms or benefits, the City shall have no obligation to intervene in or to defend or prosecute such dispute. 4. Term. Subject to earlier termination as provided for in this Agreement, Tavera shall be employed for a term beginning January 1, 2017 and ending on June 30,� or when a permanent Police Chief assumes office, whichever is sooner. • , . 5. Compensation. For services rendered pursuant to this Agreement, City agrees to pay Tavera compensation of $110.77 per hour, which amount is in conformance with the requirements of Government Code section 7522.56(d). This hourly rate does not fall below the minimum or exceed the maximum of monthly base salary paid to other previous employees performing comparable duties as listed on a publicly available pay schedule for the Police Chief position, divided by 173.333. Tavera shall not receive from the City any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate set forth herein. The hourly wages paid pursuant to this Agreement are subject to all applicable tax and income withholdings and deductions in accordance with applicable law. 6. Benefits. Tavera 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. Tavera 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. 7. Tertnination. The City Manager may terminate this Agreement at any time with or without cause. Tavera may terminate this Agreement at any time with or without cause provided, however, he shall endeavor to provide the City Manager with at least thirty days advance written notice prior to the effective date of termination. Tavera 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 I!.m alo mcn1 /FLSA ExenilLL. Tavera shall serve at the will and pleasure of the City Manager 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. Tavera will not acquire any property interest in the position of Interim Police Chief and is employed solely on a temporary basis to perform specialized services in accordance with Government Code sections 7522.56(c) and 21221(h). Tavera further understands and agrees that his position is that of an exempt employee for purposes of the Fair Labor Standards Act. Page 2 of 5 Agreement No. 5248 Resolution No. 5016 9. Ccrtilicatioll Re urdixl , I'riot l ne °i alo tric iit Be zelits. In accordance with Government Code section 7522.56(e)(1), Tavera 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. Reitnbursable is x cngcs. Tavera shall be entitled to reimbursement for reasonable costs or expenses incurred in the performance of his duties (including but not limited to, expenses related to attending meetings on behalf of the City and attendance at professional and other governmental organizations relating to cities) that are supported by written documentation in accordance with established policies and customary practices of the City. 11. Cosll°licts ProWbited. During the term of this Agreement, Tavera 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 Tavera's duties under this Agreement. Tavera 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. Tavera 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. hidetyuoiification. For the purposes of indemnification and defense of legal actions that may be brought against Tavera in the future arising from Tavera's employment with the City, Tavera shall be considered an employee of the City and shall be entitled to the same rights as other employees of the City as set forth in the Government Code. 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 Attn: City Manager To Tavera: Mitchell Tavera 350 Main Street El Segundo, California Notices shall be deemed given as of the date of personal service or upon the date of deposit in the United States Mail. 14. Eigite A grceinent. 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 Page 3 of 5 Agreement No. 5248 Resolution No. 5016 modification to this Agreement shall be effective unless reduced to writing and signed by both parties. 15. Scvcrabil- tym. 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. Goveriligg Law and Vegue. 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. ltiterl)trtatiom ,. Each party and its counsel (if sought) 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. 19. 1'ffe�cl of Agreetnent oti Cal 111316 l�etit•cnier t l etiefits. City makes no representation on the impact, if any, this Agreement shall or may have upon Tavera's Ca1PERS retirement benefits, status, duties and /or obligations. Tavera acknowledges that in entering into this Agreement, he has not relied upon any such representations in assessing the Ca1PERS- related impact of his employment. Therefore, Tavera releases City from any and all Ca1PERS- related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. 20. Independent Legal Advice. City and Tavera 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 party's own judgment and advice of independent legal counsel (if sought). [SIGNATURES ON FOLLOWING PAGE] CITY OF EL SEGUNDO Mitchell TAVERA Page 4 of 5 UZkt1V1 ernes, Mayor ATTEST: A�"� -bu Tracy Weav4i, City Clerk APPROVED AS TO FORM: ,., I Syr Mark 1,476sley, City A r , Agreement No. 5248 Resolution No. 5016 Mitchell Tavera Page 5 of 5