CONTRACT 5271 - PERM Other CLOSED Agreement No. 5271
Resolution No. 5020
CITY OF EL SEGUNDO
EMPLOYMENT AGREEMENT FOR LABOR NEGOTIATION SERVICES
THIS EMPLOYMENT AGREEMENT FOR LABOR NEGOTIATON SERVICES
("Agreement") is made and entered into as of this 2nd day of March, 2017 by and between the
City of El Segundo, a California general law city("City"), and Martha Dijkstra("Dijkstra").
RECITALS
A. Pursuant to Government Code sections 7522.56 and 21224, City desires to employ
Dijkstra, a California Public Employees' Retirement System (Ca1PERS)retiree,on
an interim basis to provide labor negotiation services.
B. Pursuant to Government Code sections 7522.56 and 21224, the City Council finds
that the position of providing labor negotiation services requires specialized skills
and experience and that Dijkstra possesses the skills needed to perform this
function.
C. Dijkstra desires to accept appointment to the position 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 Dijkstra to provide labor negotiation services. She
will take direction from the City Manager and City Council as applicable.
2. Work Schedule. Dijkstra is expected to engage in the hours of work that are
necessary to fulfill the duties and obligations of the position. Dijkstra 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. Dijkstra acknowledges that her duties
will often require performance of services outside of normal business hours.
3. Work Restrictions. It is the understanding of the parties that Dijkstra is a retiree in
the California Public Employees' Retirement System and, consequently, she 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 her retirement benefits and having to be enrolled in
CalPERS as an active employee. Accordingly, under no circumstances may Dijkstra work more
than 960 hours during any City fiscal year, including any time served in other interim
appointments. Dijkstra shall keep accurate time records of her hours worked to ensure that she
does not exceed 960 hours within any fiscal year that occurs during the term of this Agreement
and for payroll purposes. Dijkstra further represents that she will not perform work for any other
public agency member of CalPERS during the term of this Agreement. If a controversy arises
between Dijkstra and CalPERS regarding the impact of this Agreement and the services provided
for herein on the nature of CalPERS retirement terms or benefits,the City shall have no obligation
to intervene in or to defend or prosecute such dispute.
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Agreement No. 5271
Resolution No. 5020
4. Term. Subject to earlier termination as provided for in this Agreement, Dijkstra
shall be employed for a term beginning March 2, 2017 and ending when this Agreement is
terminated as provided for herein.
5. Compensation. For services rendered pursuant to this Agreement, City agrees to
pay Dijkstra compensation of $81.45 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 or monthly base salary paid to other previous employees
performing comparable duties as listed on a publicly available pay schedule for the Human
Resources Director position, divided by 173.333. Dijkstra 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. l3enel its. Dijkstra 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. Dijkstra recognizes that
Government Code section 21224 provides that a retired person appointed to provide specialized
duties 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. Termination. The City Manager may terminate this Agreement at any time with or
without cause. Dijkstra may terminate this Agreement at any time with or without cause provided,
however, she shall endeavor to provide the City Manager with at least thirty days advance written
notice prior to the effective date of termination. Dijkstra agrees that she shall not be entitled to
any severance pay as the result of the termination of this Agreement for any reason whatsoever.
8. At-will F'mDr ovmeiit/Fl,SA FIxenim. Dijkstra shall serve at the will and pleasure
of the City Manager and understands she is an "at-will" employee subject to summary dismissal
without any right of notice or hearing, including any so-called "Skelly"hearing. Dijkstra will not
acquire any property interest in the position of providing labor negotiation services and is
employed solely on a temporary basis to perform specialized services in accordance with
Government Code sections 21224. Dijkstra further understands and agrees that her 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), Dijkstra certifies and warrants to City that she has not
received any unemployment insurance payments for retired annuitant work for any public
employer within the twelve months prior to her appointment date under this Agreement.
10. ReinibLarsablc l;xpenses. Dijkstra shall be entitled to reimbursement for reasonable
costs or expenses incurred in the performance of her 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.
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Resolution No. 5020
11. Conflicts l'rol'iibited. During the term of this Agreement, Dijkstra 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 Dijkstra's duties under this Agreement.
Dijkstra 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. Dijkstra represents and warrants that she has no financial,
contractual or other interest or obligation that conflicts with or is harmful to the performance of
her obligations under this Agreement.
12. Indemnification. For the purposes of indemnification and defense of legal actions
that may be brought against Dijkstra in the future arising from Dijkstra's employment with the
City, Dijkstra 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
310-524-2301
To Dijkstra: Martha Dijkstra
350 Main Street
El Segundo, California
Mdijkstra-hr @hotmail.com
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. Severability. 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.
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Resolution No. 5020
17. (.oven inp,, l-mv 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 (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. 1111'ect of' Aureement on CalPf"'AS lWirement Benefits. City makes no
representation on the impact, if any, this Agreement shall or may have upon Dijkstra's Ca1PERS
retirement benefits, status, duties and/or obligations. Dijkstra acknowledges that in entering into
this Agreement, she has not relied upon any such representations in assessing the CalPERS-related
impact of her employment. Therefore, Dijkstra releases City from any and all Ca1PERS-related
claims or liabilities that may arise in connection with her employment pursuant to this Agreement.
20. 1_ d je wilcicnt [�cp a1 Advice. City and Dijkstra 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]
CITY OF EL SEGUNDO MARTHA DIJKSTRA
r
uar� Fuentes, Ma...or............... .. ........................
y Martha Dijkstra
ATTEST:
4),W,11WD
Tracy Wc04il City Clerk
A1''1' 11nisley,1`,D AS TO F ))RN/ :
Mark City Attorney
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Agreement No. 5271
Resolution No. 5020
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APPROVED AS TO FORM:
Mark lfcnd.a„y, City .ku.lornc..v
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