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HomeMy Public PortalAbout2012.150 (07-17-12)RESOLUTION NO. 2012.150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE AT- WILL PUBLIC INFORMATION OFFICER AND AUTHORIZING THE CITY MANAGER TO EXECUTVE THE AGREEMENT WHEREAS, the City of Lynwood is a General Law City under California law and is governed by and elected City Council; and WHEREAS, the management of the day -to -day business of the City is the responsibility of the City Manager` and WHEREAS, under the general direction of the City Manager, the Public Relations Department handles the public relations of the City; and WHEREAS, staff has been presented with an opportunity to retain the services of a new at -will Public Information Officer: and WHEREAS, the City Manager has selected a candidate for the position of Public Information Officer and authorized the extension of terms of employment to the Public Information Officer under an "at- will" employment agreement, a copy of which is attached hereto as Exhibit "A." NOW, THEREFORE, THE LYNWOOD CITY COUNCIL DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. The Mayor is authorized to execute the attached at -will PUBLIC INFORMATION OFFICER EMPLOYMENT AGREEMENT on behalf of the City, subject to the City Attorney's approval of the form. Section 2. The Public Information Officer is authorized and directed to commence performance of the duties of the position upon the effective date of the agreement. Section 3. That this Resolution is to be given effect upon its adoption by the City Council of the City of Lynwood and execution of the same by the appropriate parties. PASSED, APPROVED and ADOPTED this 17 day of July, 2012 Jim Morton, Mayor ATTEST: aria Quinonez, City Clerk /�� �� i � ": .I- APPROVED AS TO FORM: C�A - Fred Galante, City Attorney APPROVED AS TO CONTENT: ��*44t Alfredo J. irector of Human Resources STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, Do Hereby Certify That the foregoing Resolution was passed and adopted by the City Council of the City Of Lynwood At a regular meeting held on the 17 day of July, 2012. AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAWBEAS, ALATORRE AND MORTON NONE NONE NONE i I Maria Quinonez, 6itylerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2012.150 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17 day of July, 2012. Maria Quinonez, 6ty Clerk THE CITY OF LYNWOOD PUBLIC INFORMATION OFFICER EMPLOYMENT AGREEMENT This at -will PUBLIC INFORMATION N OFFICE42 EMPLOYMENT AGREEMENT ( "Agreement ") is effective the :r��lay of ,(� by and between the CITY OF LYNWOOD, a general law city and municipal corporation ( "City ") and MARISELA SANTANA, an individual ( "Public Information Officer "). RECITAtiS Ated.d.y WHEREAS, the City Council of the City ( "Council ") desires to employ Marisela Santana to serve in the at -will position of Public Information Officer for the City; WHEREAS, Public Information Officer desires to perform and assume responsibility for the provisions of such professional services to the City; WHEREAS, the parties wish to establish the terms and conditions of Public Information Officer's services to the City WHEREAS, the appointment is subject to a background check to the satisfaction of the City Manager. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Public Information Officer hereby agree as follows: AGREEMENT. 1.0 EMPLOYMENT & DUTIES 1.1 Duties City hereby employs Public Information Officer to perform the functions and duties of a Public Information Officer as such duties are customarily performed by a person in such position, as specified in any position description for the Public Information Officer and to perform such other legally permissible and proper duties and functions as the Public Relations Director shall, from time -to -time, direct or assign, including, but not limited to, the duties of Public Information Officer of the City, unless said duties are reassigned by the Public Relations Director. 1.2 Work Schedule The parties agree that the Public Information Officer shall engage in the hours of work that are necessary to fulfill the obligations of the position and must devote a time in addition to the City's regular business hours to the business of the City. Public Information Officer acknowledges that City Hall is open Monday through Thursday from 7:00 am to 6:00 pm and is closed on Friday such that the City's standard work week is 4 10- hour days. Notwithstanding the foregoing, the Public Information Officer will be permitted J� reasonable time off during the City's business hours, as is customary for exempt employees, so long as the time off does not interfere with the City's business. 1.3 Outside Activities. The Public Information Officer shall not spend more than 10 hours per week in teaching, consulting or other non- City- connected business activity without the prior approval of the Public Relations Director, and none of Public Information Officer's outside activities shall be in conflict with her performance and responsibilities as Public Information Officer. 1.4 Direction. The City shall retain full direction and control of the manner, means and methods by which Public Information Officer performs the services for which she is employed hereunder and of the place or places at which such services shall be rendered. 1.5 Employment Status; At -Will Public Information Officer shall serve at the will and pleasure of the City Manager and understands she is an "at -will' employee serving at the pleasure of the City Manager and subject to summary dismissal without any right of notice or hearing, including any so- called Skelly hearing. City Manager may terminate the employment of Public Information Officer at any time, with or without cause, as set forth in Section 3.2 below. The Parties acknowledge that while Public Information Officer is afforded the benefits described in Article 6.0 and those benefits provided other City management in accordance with the "Comprehensive Memorandum of Understanding for Submission to the Lynwood City Council Regarding Lynwood Management Bargaining Group" ( "MOU "), as may be amended. A copy of which is attached hereto as Exhibit "C," Public Information Officer is not an employee represented by any bargaining unit and nothing in this Agreement or the City's policies or procedures, either now or in the future, is intended to change the at -will nature of this relationship. 1.6 City Documents All data, studies, reports and other documents prepared by Public Information Officer while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Public Information Officer in connection with the performance of this Agreement shall be held confidential by Public Information Officer to the extent permitted by applicable law. Such materials shall not, without the prior written consent of the Council, be used by Public Information Officer for any purposes other than the performance of her duties for the City. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. 1.7 FLSA Exempt Status Public Information Officer agrees that her position is that of an exempt employee for the purposes of the Fair Labor Standards Act. 2.0 COMPENSATION AND REIMBURSEMENT 2.1 Compensation For the services rendered pursuant to this Agreement, City agrees to pay Public Information Officer an annual salary of Thirty Eight Thousand and 00 /100 Dollars ($38,000.00) ( "Salary "), which shall be paid on a bi- weekly at the same time that U�u other employees of City are paid. The Salary shall be adjusted for payroll taxes, workers' compensation and other payroll - related liability costs. Public Information Officer understands and agrees that her compensation for the first pay period that she is working for the City shall be prorated consistent with all applicable laws as she is commencing work in the middle of a pay period. 2.2 Annual Salary Review City and Public Information Officer agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Article 5.0. In addition, a merit increase up to five percent (5 %) of the Salary may be granted on the Public Information Officer's one year anniversary in the sole discretion of the City Manager. 2.3 Effectuating Salary Adjustment City and Public Information Officer agree that any upward adjustment in the Salary paid to Public Information Officer shall be at the discretion of the City Manager. 3.0 TERM 3.1 Commencement & Effective Date Public Information Officer Ml commence her services hereunder at 7:00 a.m. Pacific time on the.2� y 4r�',', of 0 which shall also be deemed the effective date of this Agreement and sha 1 terminate within one (1) year, unless extended by the City Council. Additionally, the City Council may review the need for this position within six (6) months of the effective date and, in its discretion, terminate this Agreement at such time with or without cause. 3.2 Termination Without Cause The City Manager or his designee may terminate this Agreement at any time with or without cause, without notice to Public Information Officer. Additionally, Public Information Officer may terminate this Agreement at any time with or without cause, provided she provides City Manager with at least thirty (30) days advance written notice prior to the effective date of termination, unless a shorter period is acceptable to the City Manager. Public Information Officer expressly agrees that she shall not be entitled to any severance pay as the result of any termination of this Agreement initiated by the Public Information Officer; whereas, should the City elect to terminate or not extend this Agreement, and the services of Public Information Officer hereunder, City shall, upon the effective date of such termination, pay to Public Information Officer severance as provided in Section 4.1 below, except in the case of termination for cause under Section 3.3 below, and all accrued but unpaid Salary and vested benefits through the date of termination. r delpy 3.3 Termination for Cause Notwithstanding anything herein to the contrary, the City may terminate Public Information Officer's employment hereunder for cause for any one of the following reasons: Public Information Officer's loss of legal capacity; personal dishonesty by Public Information Officer in performing her duties hereunder; acts of fraud or misrepresentation or any act of malfeasance or moral turpitude; conflicts of interest or breach of fiduciary duty; gross negligence or incompetence in performing his or her duties hereunder; willful breach by Public Information Officer of any provision of this Agreement; Public Information Officer's insubordination or willful failure to follow City policies, procedures, rules or regulations; Public Information Officer's willful and serious misconduct; actions by Public Information Officer that are seriously detrimental to the reputation of the City; or Public Information Officer's conviction of a criminal offense. The City may also terminate Public Information Officer's employment under this Agreement for material performance deficiencies, other than those listed above, upon written notice to Public Information Officer, specifying the nature of the performance deficiencies, and upon Public Information Officer's failure to improve said deficiencies within thirty (30) days thereafter. Upon termination of Public Information Officer employment with the City, the City shall be under no further obligation to Public Information Officer except to pay all accrued but unpaid Salary and vested benefits through the date of termination. 3.4 Coo erp ation After notice of termination, Public Information Officer shall cooperate with the City, as requested by the City, to effect a transition of Public Information Officer's responsibilities and to ensure that the City is aware of all matters being handled by Public Information Officer. 4.0 SEVERANCE 4.1 Severance Pay Except as provided in Section 3.3, should City elect to terminate or not extend the services of Public Information Officer hereunder, City shall, upon the effective date of such termination, pay Public Information Officer severance pay in a sum equal to one (1) month of her Salary, together with all other vested benefits, as and for severance pay. 4.2 Payment For Accrued Benefits Except as provided for in Article 6.0, upon the termination of this Agreement and the services of Public Information Officer thereunder, City shall pay to Public Information Officer the cash equivalent of all vacation leave then accrued. Such cash equivalent shall be calculated by dividing Public Information Officer's then - prevailing annual salary by 2080 hours and by multiplying the resulting quotient by the number of hours accrued (but unused) vacation, as the case may be. 4.3 Sole Rights The severance rights provided in Article 4.0 shall constitute the sole and only entitlement of Public Information Officer in the event of the termination, other than for cause or non - extension of this Agreement, and Public Information Officer expressly waives any and all other rights except as provided herein. Any and all severance rights are conditioned upon execution of standard "Agreement of Separation, Severance and General Release" attached hereto as Exhibit `B." 5.0 PERFORMANCE EVALUATIONS. 5.1 Purpose The performance review and evaluation process set forth herein is intended to provide review and feedback to Public Information Officer so as to facilitate a more effective management of City. Nothing herein shall be deemed to alter or change the employment status of Public Information Officer, nor shall this Article 5.0 be construed as requiring "cause" to terminate this Agreement or the services of Public Information Officer thereunder. 5.2 Six Month Evaluation The City Manager may review and evaluate the performance of Public Information Officer within six (6) months after the commencement of this Agreement. The City Manager may consider Public Information Officer's performance in light of Approved Goals or other criteria as deemed appropriate by the City Manager. Such review and evaluation shall be conducted in accordance with the purpose noted in Section 5.1 above. 5.3 Annual Evaluation The City Manager may review and evaluate the performance of Public Information Officer annually, within thirty (30) days after each anniversary date. In addition, Public Information Officer shall submit for Public Relations Director's consideration at those times established by the Public Relations Director, but at least annually, Public Information Officer's proposed performance goals and objectives and incorporate the City Manager's suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above. 6.0 BENEFITS 6.1 Electronic Media Allowance. City shall provide Public Information Officer with a monthly allowance for electronic media of One Hundred Twenty -Five Dollars ($- 125.00) as full compensation for the cost associated with the purchase and use of electronic media to be used for City - related business, which allowance shall be paid to Public Information Officer through payroll, with applicable taxes and other payroll - liability costs deducted. Public Information Officer understands that any applicable taxes are her responsibility to pay and not covered by the City. 6.2 Bilingual Pay. In accordance with "Comprehensive Memorandum of Understanding for Submission to the Lynwood City Council Regarding Lynwood Management Bargaining Group" as may be amended and attached hereto as Exhibit "C" (hereinafter "MOU "), Public Information Officer shall be paid bilingual pay of One Hundred Twenty Five Dollars ($125) per month upon passing a verbal bilingual exam to the satisfaction of the Human Resources Department. 6.3 Medical, Dental, Vision and Life Insurance City shall provide to Public Information Officer the same group medical, dental, vision, and life insurance plans and /or programs as are offered to the City's Management in accordance with the MOU. The City's contribution on behalf of Public Information Officer toward any PERS health insurance plan shall be at the family premium rate for LA County Kaiser coverage. In addition, the City will pay the full cost of dental plan premiums and vision plan premiums for Public Information Officer and her eligible dependents. City shall provide and pay for a life insurance policy for Public Information Officer in the amount of Fifty Thousand Dollars ($50,000). 6.4 PERS. In accordance with the MOU, City shall pay Public Information Officer's share of retirement contributions to the California Public Employees' Retirement System ( "PERS ") in an amount equal to the Management Bargaining Group as defined by the Public Employees' Retirement Law ( "PERL "), Government Code Section 20000, et seq. The City's contribution toward any retirement plan shall be revised if the applicable City contributions are revised in the Management Benefit Plan. The City will also afford Public Information Officer the retirement benefit commonly referred to as "3% at 60." Accordingly, City shall pay Public Information Officer's share of all required contributions to PERS, as provided to other City Management employees of the City in accordance with the MOU. a 3 6.5 Vacation, Personal and Sick Leave In accordance with the MOU, and subject to vacation, personal and sick leave accruals as outlined in the Management Benefit Plan, Public Information Officer shall accrue leave as follows: Vacation at the rate of Eighty (80) hours per year; Sick leave at a rate of Ninety -Six (96) hours per year; Personal leave at a rate of Twenty (20) hours per year. Public Information Officer's accrual rates shall be revised if the accrual rates, as set forth in the Management Benefit Plan, are revised. Additionally, as further described in the Management Benefit Plan sell back provisions, Vacation leave may be converted into cash, up to One Hundred (100) hours in one year. 6.6 Holidays In accordance with the MOU, Public Information Officer shall be entitled to Nine (9) days of paid holiday time and a total of Five (5) floating holidays per year. 7.0 PROFESSIONAL DEVELOPMENT 7.1 Membership City encourages Public Information Officer's continued professional development and membership and shall provide payment of appropriate related costs for such activities, as approved by the City Manager. 7.2 Out -of -Town Meetings & Seminars City agrees to reimburse Public Information Officer the actual cost for registration, travel, lodging, and meals and other reasonable expenses incurred by Public Information Officer while attending overnight out -of- town meetings or seminars related to her employment which are pre- approved by the City Manager and in accordance with the City's policies for expense reimbursement. To be eligible to receive reimbursement for meals and lodging for out -of -town meetings or seminars, Public Information Officer must have budgeted funds available for same. 7.3 Local Meetings & Seminars City agrees to reimburse Public Information Officer the actual cost of registration, meals and other expenses necessarily incurred while in attendance at local meetings or seminars related to her employment with City in accordance with the City's policies for expense reimbursement. 7.4 Incidental Expenses City agrees to reimburse Public Information Officer the actual cost of those incidental expenses necessarily incurred by Public Information Officer while engaged in the business of City upon the presentation of an appropriate receipt therefor in accordance with the City's policies for expense reimbursement. 7.5 . Approval by City Manager To be eligible to receive reimbursement for the memberships, travel and other expenses incurred pursuant to this Article 7.0, Public Information Officer shall obtain advance approval of Public Relations Director. 8.0 INDEMNIFICATION 8.1 Indemnification For the purposes of indemnification and defense of legal actions, Public Information Officer shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City as set forth in the California Government Code. Accordingly, City shall defend, hold harmless and indemnify Public Information Officer against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Public Information Officer's serves under this Agreement. This section shall not apply to any intentional tort or crime committed by Public Information Officer, to any action outside the course and scope of the services provided by Public Information Officer under this Agreement, or any other intentional or malicious conduct or gross negligence of Public Information Officer. 9.0 GENERAL PROVISIONS 9.1 Entire Agreement This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Public Information Officer's employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party. 9.2 Notices Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows: To City: City Manager City of Lynwood 11330 Bullis Road Lynwood, California 90262 To Public Information Officer: At her home address on file with the City Notices shall be deemed given as of the date of personal service or within two (2) days of the date of deposit in the course of transmission with the United States Postal Service. 9.3 Conflicts Prohibited During the term of this Agreement, Public Information Officer shall not engage in any business or transaction or maintain a financial interest which.conflicts, or reasonably might be expected to conflict, with the proper discharge of Public Information Officer's duties under this Agreement. Public Information Officer shall comply with all requirements of law, including but not limited to, Sections 87100 et sec , Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. 9.4 Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 9.5 Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 9.6 Govemine Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution. 9.7 Independent Legal Advice City and Public Information Officer represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement and, City and Public Information Officer further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof. All - IN WITNESS WHEREOF, the City of Lynwood has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Redevelopment Director has signed and executed this Agreement, all in triplicate. ATTEST: l L EM AO � `- 1 1-0 _ CITY OF LYNWOOD: g'TT5sT jim , ,viA/UA- 6C1UN0^ i; z j C-CTy C C.e APPROVED AS TO FORM: 4t a r - Fred Galante, City Attorney Roger F Haley, ity Manager ;R: c�� EXHIBIT B COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING LYNWOOD MANAGEMENT BARGAINING GROUP JULY 1, 2011 TO NNE 30, 2012 [See attached] ATTACHMENT B AGREEMENT OF SEPARATION, SEVERANCE AND GENERAL RELEASE PARTIES This Agreement of Separation, Severance and General Release (hereinafter referred to as the "AGREEMENT ") is entered into by and between the City of Lynwood (hereinafter referred to as "THE CITY "), a general law city and municipal corporation, and (hereinafter referred to as "EMPLOYEE "). 2. RECITALS 2.1. EMPLOYEE was hired by THE CITY as an at will effective serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit "A" ( "THE CONTRACT "). EMPLOYEE is currently years old. 2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non - elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE's voluntary separation as of , _, with this AGREEMENT setting forth the full and complete terms and conditions concluding EMPLOYEE's employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT. 2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ( "COBRA "), the Employee Retirement Income Security Act of 1974 ( "ERISA "), and the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "). 3. 3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefi ts as detailed in THE CONTRACT, and/or all other wage compensationibenefits owed to EMPLOYEE upon separation of employment as required by law or THE CONTRACT or any other agreement with THE CITY.