The URL can be used to link to this page

Home My WebLink AboutC-2666//00-20 e- 2 &6� TEMPORARY EMPLOYMENT AGREEMENT This Temporary Employment Agreement ( "Agreement ") between the City of Arcadia ( "City ") and Donald E. Penman ( "Manager ") is made this 4th day of October, 2011. City and Manager may individually be referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS WHEREAS, Government Code Section 21221(h) provides that a public agency contracting with the California Public Managers Retirement System (CalPERS) may appoint a retired employee under CalPERS to a position deemed to be of limited duration and requiring specialized skills, subject to certain limitations and restrictions on the pay rate and the hours of employment for such appointee; WHEREAS, Manager has notified City that November 3, 2011 will be his last day of employment with City under Manager's existing employment with City, which employment will automatically expire as of the same date, and that Manager's CalPERS retirement shall become effective on November 4, 2011; WHEREAS, on November 4, 2011, Manager will be deemed a retired employee under CalPERS and no longer a regular employee of City; and WHEREAS, City has determined, in accordance with Government Code Section 21221(h), that Manager possess specialized skills that are needed by City for a limited duration. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: 1. Temporary Employment. City agrees to hire Manager on a temporary basis commencing on November 4, 2011, and Manager agrees and does accept temporary employment upon the terms and conditions set forth herein. 2. Duties City hereby employs Manager, and Manager hereby accepts employment, as City Manager of the City. Manager shall perform the functions and duties specified for the City Manager of the City in the Arcadia City Charter Section 601 and other ordinances, resolutions and policies of the City and to perform such other legally permissible and proper duties and functions as the City Council of the City (the "Council ") may from time to time assign, consistent with the Arcadia City Charter and other applicable law. 3. Conflict Of Interest Prohibition It is understood and agreed that because of the duties of Manager within and on behalf of the City of Arcadia and its citizenry, Manager shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Arcadia, except for stock ownership in any company whose capital stock is p ublicly held and regularly traded, without prior approval of the City Council. For and during the term of this Agreement, Manager further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate or property improvements within the corporate limits of the City of Arcadia without the prior consent of the City Council. 4. Compensation; Benefits. Manager's compensation shall be at the base hourly rate paid to Manager on November 3, 2011, which is $105.3077, payable at the same time and in the same manner as other employees of City are paid. Manager shall not be provided any benefits except for those required by statute and the following: (a) Manager shall be provided an automobile by City for Manager's exclusive and unrestricted use. City shall be responsible for paying for liability, property damage and comprehensive liability insurance (subject to the condition, however, that the City Attorney first and continuously thereafter determines that is both lawful and feasible for the City to do so) and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Manager shall be named as an "additional - insured" on any such comprehensive liability insurance policy, and such policy shall cover both professional and personal use of the automobile. (b) City shall provide Manager with a smart phone and related service of the type provided to other executive level managers of City. Use of said smart phone shall be subject to the same policies and procedures applicable to other executive level managers. 5. Work Schedule. Manager shall work a schedule commensurate with the duties and responsibilities of the City Manager position as set forth in City Charter Section 601, subject to the limitations required under Government Code Section 21221(h). 6. Termination of Agreement. The Parties hereby expressly agree that the employment relationship created by this Agreement is "at will" and either City or Manager may terminate the relationship for any reason, with or without cause, upon seven (7) days prior written notice. In addition 2 and notwithstanding any othe ordinance, resolution or policy Manager shall not be entitled any termination action undert. sets forth the only terms anc employment. Notwithstandinc Agreement shall not exceed 1 21221(h). 7. Modification. provision of this Agreement or any Charter provision, of City, Manager hereby acknowledges and agrees that :o any hearing or due process rights in connection with ken against Manager by City, and that this Agreement conditions applicable to the termination of Manager's the foregoing, Manager's employment under this ie limitation required under Government Code Section Any modification of this Agreement will be effective only if it is in writing and signed by both Parties. 8. Entire Agreement, This Agreement supersedes any and all other agreements, either oral or in writing, between City and Manager. This Agreement contains all of the covenants and agreements between the Parties with respect to Manager's employment by City in any manner whatsoever. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either Party. 9. Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Los Angeles County, California. 10. Notices. (a) Any notice to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery or mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the following respective addresses: City of Arcadia Attn: Mayor 240 W. Huntington Drive Arcadia, CA 91007 Donald E. Penman City Manager 240 W. Huntington Drive Arcadia, CA 91007 3 (b) Notices delivered personally shall be deemed communicated as of the date of actual receipt. Mailed notices shall be deemed communicated as of the date of mailing, plus two (2) U.S. mail business days. 11. Assistance of Counsel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain it. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth hereinabove. CITY: 06yo-r-6f the City of Arcadia ATTEST: I � i r _ APPROVED AS TO FORM: ;�C� r! /�� Stephen P. Deitsch City Attorney C! MANAGER: ab2- .� 9.� Donald E. Penman