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HomeMy Public PortalAbout2013.066 (05-21-13) RESOLUTION NO. 2013.066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE INTERIM SERVICES OF THE DIRECTOR OF HUMAN RESOURCES AND RISK MANAGMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE 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 Interim Director of Human Resources & Risk Management will be in charge of the administration of the City's Human Resources and be Department Head to the Department; and WHEREAS, the City Manager has selected a candidate for the position of Interim Director of Human Resources & Risk Management and authorized the extension of terms of employment to the Interim Director of Human Resources & Risk Management under an "at-will" employment agreement, a copy of which is attached hereto as Exhibit <A „ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. The Mayor is authorized to execute the attached at-will INTERIM DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT EMPLOYMENT AGREEMENT on behalf of the City, subject to the City Attorney's approval of the form. Section 2. The Interim Director of Human Resources & Risk Management 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 21th day of May, 2013 Salvador Alatorre, ATTEST: it/ A� Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: 414 - ter reZrailas Fred Galante, City Attorney Roger L. H.ley, Pity Manager STATE OF CALIFORNIA ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 21th day of May 2013, and passed by the following vote: AYES: COUNCIL MEMBERS SANTILLAN-BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: COUNCIL MEMBER CASTRO ABSTAIN: NONE Ai Maria Quinonez, Ci y Clerk STATE OF CALIFORNIA ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. 2013.066 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21th day of May, 2013. eL L / Maria Quinonez, City Clerk THE CITY OF LYNWOOD INTERIM DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT EMPLOYMENT AGREEMENT This AT-WILL INTERIM DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT EMPLOYMENT AGREEMENT (';Agreement") is made by and between the CITY OE LYNWOOD (City") and ROBERT A. BLACKWOOD (`Employee"). 'I he City and Employee may be referred to individually as a "Party"or collectively as"theParties". RECITALS WHEREAS, Government Code Section 2122,4(a) 'permits retired annuitants under the California Public Employees' Retirement System ("CaIPERS") to he employed without reinstatement from retirement upon appointment by aipublic agency either during an emergency to prevent stoppage of public business or because the retired annuitant has specialized skills necessary in performing work of a limited duration; WHEREAS. Section 18-6.c of the Lynwood Municipal Code permits the employment of persons pursuant to a contract to supply expert professional or technical services for a definite period of time, and Section 18-9.1 of the Lynwood Municipal Code permits the appointment of department heads by the City Manager acting jointly With the City Council; WHEREAS, the City desires to hire Employee as an at-will, contract employee for the position of interim Director of Human Resources & Risk Management, which is a position that requires specialized skills and expert professional or1 technical services for a definite period of time; WHEREAS, as a CaIPERS retired annuitant' under Government Code Section 21224, Employee has specialized skills to provide expert prYofessional or technical services, desires to perform the duties of and assume responsibility for the position of Interim Director of Human Resources & Risk Management, and acknowledges that such employment is at-will and of a • limited duration for a definite period of tine, as described below; and WHEREAS, the Parties wish to establish the terns. and conditions of Employee's services to the City, as described in this Agreement. AGREEMENT Section I: TERM The term of this Agreement shall be from May 22, 2013 until September 30, 2013, or ' • until earlier termination by either Party ("Term"). In no event shall the Term exceed the 960 hour per fiscal year limit under Government Code Section 21224. Employee acknowledges he is an at-will, part-time contract employee who may be terminated, with or without cause, i I Page I of 5 • • and with or without notice, at any time by the City Manager. Employee may resign at any time. May 22, 2013 shall be Employee's "I-lire Date" for purposes of this Agreement. Section 2: DUTIES, RESPONSIBILITIES,AND WORK HOURS A. Employee shall be appointed to the position of Interim Director of Human Resources & Risk Management for the City's Human Resources Department. Employee acknowledges that the position of Interim Director of Human Resources & Risk Management requires specialized skills and expert professional or technical services for a definite period of time, as described above in Section I of this Agreement. Employee shall perform all tasks necessary to plan, organize, and coordinate the activities of the Human Resources Department Employment duties shall include, but not necessarily be limited to: attendance at City Council and other related agency meetings; labor relations and contract negotiations; worker's compensation administration; liability claim administration; litigation management and risk control; employee safety, training, and compliance; recruitment, training, and retention of qualified personnel; benefits administration; enforcement of personnel rules & regulations; training classes; development and revision of administrative policies, programs, procedures, and applicable laws; drafting of reports, memoranda, letters, and any other employment-related or risk management documents; and performance of any other related duties and responsibilities as assigned by the City Manager. E. Employee acknowledges that City Flail is open Mondays through Thursdays from 7:00 a.m. to 6:00 p.m. and is closed on Fridays, such that the City's standard work week is four (4) 10-hour days. Because Employee is an at-will, part-time contract employee for a definite period of time, however, Employee shall be expected to keep regular, "on-site" office hours Mondays through Thursdays from 9:00 an to 3:00 p.m., as well as work on Human Resources- related tasks from a home office, as may be required from time to time and/or authorized by the City. Subject to the Term as stated in Section 1 of this .Agreement. Employee shall, on an average, dedicate approximately thirty (30) hours per week to the City and work under the direction of the City Manager. Employee acknowledges that he may be required and agrees to work additional hours if necessary, as directed and authorized by the City Manager. C. All data, studies, reports, and other documents prepared and/or reviewed by Employee while performing his 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 Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law. Such materials, without the prior written consent of the City Manager or his designee, shall not be used by Employee for any purpose other than the performance of his duties. 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. Page 2 of 5 • Section 3: COMPENSATION AND BENEFITS A. The City' agrees to compensate Employee an hourly rate of eighty-five dollars (S85.00). B. Employee shall not be eligible for any other incentives, compensation, or benefits, except for the above hourly rate and worker's compensation benefits. Section 4: RESIGNATION/TERMINATION A. Employee may resign at any time; provided, however, Employee shall reasonably provide the City Manager with at least one (1) week advance written notice. • B. Employee is an at-will employee and serves at the will and pleasure of the City Manager and may he terminated at any time, with or without cause, and with or without notice. C. After Notice of Resignation or Termination, Employee shall cooperate with the City, as requested by the City, to effect a transition ot`Employee's responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee. Section 5. NOTICES Notices required to be served pursuant to this Agreement shall be served in person or by first-class U.S. mail addressed as follows: City City of Lynwood 11330 Millis Road T.ymvoud, CA 90262 Ann: Mr. Roger L. Haley, City Manager • Employee Robert A. Blackwood Address on file with the City • • Section 6: GENERAL TERMS AND CONDITIONS 'The General Terms and Conditions of this Agreement are described as follows: A. indemnification_ For the purposes of indemnification and defense of legal actions, Employee 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 Government Code. Accordingly, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising Page 3 of 5 out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee. 13. Entire Agreement. The text of this Agreement shall constitute the entire and exclusive agreement between the Parties. All prior oral or wTitten communications, • understandings, or agreements between the Parties not set forth herein shall be superseded in total by this Agreement. No amendment or modification to this Agreement may he made except by a written agreement signed by the Employee and the City Manager and approved as to form by the City Attorney. • C. Assignment. This Agreement is not assignable by either the City or Employee. D. Sev •rability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties; the remainder of this Agreement shall remain in full force and effect unless the parts found toibe illegal or void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions in 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 time or times. F. Governing Law and Jurisdiction. This Agreement shall bet 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. Any action to interpret or enforce the terms of this Agreement shall he held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los;Angeles County. (1. Effective Date. This Agreement shall not become effective until it has been signed by Employee and approved by the City Manager. H. Effect of Agreement on Employee's CaIPERS Retirement Benefits. The City makes no representation on the impact, if any, this Agreement shall or May have upon his Cal}'ERS retirement benefits, status, duties, and/or Obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations (none of which being in existence) in assessing the CaIPERS-related impact of his employment. Therefore, Employee releases the City from any and all CaIPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. I. Conflicts Prohibited. During the term of this Agreement, !Employee shall not engage in any business or transaction or maintain a financial interest iwhich conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited • Page 4 of • to. Sections 1090, 1125, and 87100 et seq. of the Government Code, and all other similar statutory and administrative rules. Independent Legal Advice. The City and Employee 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, that each has carefully reviewed this entire Agreement, 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 he construed against the Party or its representatives who drafted it or who drafted any portion thereof. IN WITNESS WHEREOF, the City of Lynwood has caused this Agreement to be signed and executed in its behalf by its City Manager, and approved as to fonn by the City Attorney, and executed by the Employee. CITY OF LYNWOOD, Dated: G.s"../3 --- Roger L. Haley City Manager • :Approved as to form: Dated: 41 (15 na Fred Galante City Attorney EMPLOYEE, In signing this Agreement, Employee understands and agrees that he is an at-will, contract employee and that his rights to employment with the City is governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Lynwood which might otherwise apply to classified or other employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. r Dated: ee I /3 Signed: Robert A. Blackwood Employee • Page 5 of 5