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 -
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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,
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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
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entity not connected with the performance of services under this Agreement, except as required
by law.
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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.
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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
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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
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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.
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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
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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
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