CITY OF
HUNTINGTON PARK
City Council
Regular Meeting
Agenda
Tuesday, November 15, 2022
6:00 p.m.
City Hall Council Chambers
6550 Miles Avenue, Huntington Park, CA 90255
Eduardo “Eddie” Martinez
Mayor
Marilyn Sanabria Karina Macias
Vice Mayor Council Member
Graciela Ortiz Arturo Flores
Council Member Council Member
All agenda items and reports are available for review in the City Clerk’s Office and www.hpca.gov. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk located at 6550 Miles Avenue, Huntington Park, California 90255 during regular business hours, 7:00 a.m. to 5:30 p.m., Monday – Thursday, and at the City Hall Council Chambers during the meeting.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 6550 Miles Avenue, Huntington Park, California or by telephone at (323) 584-6230.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
PLEASE SILENCE ALL CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.
CITY COUNCIL MEETING AGENDA
November 15, 2022 Page 2 of 7
PLEASE NOTE--The numerical order of items on this agenda is for convenience of reference.
Items may be taken out of order upon request of the Mayor or Members of the City Council.
Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. • The conduct of City Council meetings is governed by the portion of the California Government Code commonly known as the "Brown Act" and by the Huntington Park City Council Meeting Rules of Procedure.
• The City Council meeting is for conducting the City's business, and members of the audience must obey the rules of decorum set forth by law. This means that each speaker will be permitted to speak for three minutes to address items that are listed on the City Council agenda or topics which are within the jurisdictional authority of the City.
• No profanity, personal attacks, booing, cheering, applauding or other conduct disruptive to the meeting will be permitted. Any person not adhering to the Rules of Procedure or conduct authorized by the Brown Act may be asked to leave the Council Chambers.
• All comments directed to the City Council or to any member of the City Council must be directed to the Mayor (or Chairperson if Mayor is absent).
We ask that you please respect the business nature of this meeting and the order required for the proceedings conducted in the Council Chambers.
PUBLIC COMMENT
Hybrid virtual/in-person meetings are held pursuant to AB361 because state and local officials are recommending measures to promote social distancing. If you would like to comment on any listed Agenda Items or Non-Agenda Items, please email the City Clerk’s office at [email protected] or [email protected] or by telephone, by calling (323) 584- 6297, up to one (1) hour, prior to the start of the meeting. Public Comments will then be read during public comment and made part of the record. Below is the virtual link and toll free phone number to participate in the meeting.
JOIN VIRTUALLY AT:
https://zoom.us/j/97897123169?pwd=NkhsNEFacUZCMmJyVFRkOFBsQXZMdz09 OR PARTICIPATE BY PHONE AT:
• Toll Free: 669-900-9128,
• Meeting ID: 978 9712 3169, then #
• Password: 632516
ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press *9 to be placed in the queue to speak and *6 to unmute your line.
Comments from the public are limited to 3 minutes per speaker.
CITY COUNCIL MEETING AGENDA
November 15, 2022 Page 3 of 7
In the interest of Public Health and Safety in order to minimize the spread of the COVID 19 virus, you are strongly encouraged to observe the City Council meetings on the City of Huntington Park's website at www.hpca.gov or virtually via the Zoom link provided above.
The City of Huntington Park thanks you in advance for your cooperation.
For both open and closed session, each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items.
All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
Additions/Deletions to Agenda
Items of business may be added to the agenda upon a motion adopted by a minimum twothirds vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon the request of staff or Council.
Important Notice
The City of Huntington Park shows replays of City Council Meetings on Local Access Channel 3 and over the Internet at www.hpca.gov. NOTE: Your attendance at thispublic meeting may result in the recording and broadcast of your image and/or voice.
CALL TO ORDER
ROLL CALL
Mayor Eduardo “Eddie” Martinez
Vice Mayor Marilyn Sanabria
Council Member Arturo Flores
Council Member Karina Macias
Council Member Graciela Ortiz
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. PROCLAMATION PROCLAIMING NOVEMBER DIABETES AWARENESS MONTH
2. PROCLAMATION PROCLAIMING NOVEMBER SUBSTANCE ABUSE
AWARENESS MONTH
CITY COUNCIL MEETING AGENDA
November 15, 2022 Page 4 of 7
3. PROCLAMATION CELEBRATING MARINE CORPS BIRTHDAY
PUBLIC COMMENT
Hybrid virtual/in-person meetings are held pursuant to AB361 because state and local officials are recommending measures to promote social distancing, any emailed public comment will be read into the record at this time.
Pursuant to Government Code Section 54954.3(a) Members of the public will have an opportunity to address the City Council on items listed on this agenda. For items on this agenda each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another.
STAFF RESPONSE
RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Construction Industry Force Account Council v. City of Huntington Park Los Angeles Superior Court Case No. 20STCPO3947
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Catalina Peraza Workers Comp Settlement
CLOSED SESSION ANNOUNCEMENT
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action.
OFFICE OF THE CITY CLERK
1. CITY COUNCIL MEETING MINUTES
RECOMMENDED THAT CITY COUNCIL:
Approve Minute(s) of the following City Council Meeting(s):
1-1.Regular City Council Meeting held November 1, 2022
2. CONSIDERATION AND APPROVAL OF A RESOLUTION AUTHORIZING THE
CITY TO CONTINUE ITS TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361
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November 15, 2022 Page 5 of 7
RECOMMENDED THAT CITY COUNCIL:
1. Adopt Resolution authorizing the City of Huntington Park to Conduct Teleconferenced Open Meetings in Accordance with Assembly Bill 361.
FINANCE
3. CHECK REGISTERS
RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrant(s) dated November 15, 2022;
COMMUNITY DEVELOPMENT
4. CONSIDERATION AND APPROVAL OF PUBLICLY VISIBLE ART AT PROPERTY LOCATED AT 1900 EAST 64TH STREET.
RECOMMENDED THAT CITY COUNCIL:
1. Approve the Publicly Visible Art for the existing business located at 1900 East 64th Street.
5. CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO HUB CITIES CAREER CENTER FOR BUSINESS ASSISTANCE
PROGRAM SERVICES
RECOMMENDED THAT CITY COUNCIL:
1. Award a One (1) year professional service agreement (PSA) to the sole responsive proposer, Hub Cities Career Center for a not-to-exceed amount of $80,000;
2. Authorize the City Manager to execute the PSA.
POLICE DEPARTMENT
6. TRANSPARENT REVIEW OF UNJUST TRANSFERS AND HOLDS (TRUTH) ACT
COMMUNITY FORUM
RECOMMENDED THAT CITY COUNCIL:
1. Pursuant to Government Code section 7283.1, present this item as a Community Form to inform members of the public of access to individual(s) granted to Immigration and Customs Enforcement agency by the Huntington Park Police Department during 2021; and
2. Receive and file this information provided by the Huntington Park Police Department regarding Immigration and Customs Enforcement agency access to individuals in 2021.
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November 15, 2022 Page 6 of 7
END OF CONSENT CALENDAR
REGULAR AGENDA
COMMUNITY DEVELOPMENT
7. CONSIDERATION AND APPROVAL OF THE 2022 GENERAL PLAN ANNUAL
PROGRESS REPORT
RECOMMENDED THAT CITY COUNCIL:
1. Approve the 2022 General Plan Annual Progress Report.
8. CONSIDERATION AND APPROVAL TO AWARD LETTER AGREEMENT TO
PROVIDE AMERICAN RESCUE PLAN ACT (ARPA) REPORTING SERVICES RECOMMENDED THAT CITY COUNCIL:
1. Award a letter agreement as it relates to ARPA Reporting Services for reporting years of 2022 and 2023, to Michael Baker International (MBI) in the amount of $18,500;
2. Authorize the City Manager to execute the agreement.
PUBLIC WORKS
9. CONSIDERATION AND APPROVAL TO ADOPT VIA RESOLUTION THE
TRAFFIC ENGINEERING SPEED STUDY UPDATE FOR THE EASTBOUND AND
WESTBOUND SEGMENT OF RANDOLPH STREET BETWEEN ALAMEDA
STREET AND SANTA FE AVENUE
RECOMMENDED THAT CITY COUNCIL:
1. Approve Resolution (Attachment 1) adopting the Traffic Engineering Speed Study update (Exhibit A) for the eastbound and westbound segments of Randolph Street between Alameda Street to Santa Fe Avenue; and
2. Adopt the As-built striping plan (Attachment 2) for the eastbound and westbound segments of Randolph Street between Alameda Street to Santa Fe Avenue.
10. APPROVE ACCEPTANCE OF WORK PERFORMED FOR CIP 2020-01 SB1 STREET ENHANCEMENT PROJECT FY 2020-01
RECOMMENDED THAT CITY COUNCIL:
1. Approve acceptance of work performed by Palp, Inc. dba Excel Paving Co. for the construction of CIP 2020-01 SB1 Street Enhancement Project;
2. Authorize staff to execute the Notice of Completion (NOC) and direct the City Clerk to file the NOC with the Los Angeles County Recorder’s Office; and
CITY COUNCIL MEETING AGENDA
November 15, 2022 Page 7 of 7
3. Release the 5% retention in the amount of $78,645.51 to Palp, Inc. dba Excel Paving Co. 35 days of the effective date of the recordation of the NOC, if no Stop Notices are filed within the 35-day period.
CITY ATTORNEY
11. CONSIDERATION AND APPROVAL OF SECOND AMENDMENT TO CITY MANAGER AGREEMENT; AND
CONSIDERATION AND APPROVAL OF SECOND AMENDMENT TO CHIEF OF POLICE AGREEMENT; AND
CONSIDERATION AND APPROVAL OF FIRST AMENDMENT TO DIRECTOR OF PARKS AND RECREATION AGREEMENT; AND
CONSIDERATION AND APPROVAL OF COMMUNITY DEVELOPMENT
DIRECTOR AGREEMENT.
RECOMMENDED THAT CITY COUNCIL:
1. Approve the Amendments to the Employment Agreements of the City Manager, Chief of Police and Director of Parks and Recreation and approve the Employment Agreement for the Community Development Director; and
2. Authorize Mayor to execute the various amendments and agreements.
12. CONSIDERATION AND APPROVAL OF SECOND AMENDMENT TO THE
ACCOUNTING/FINANCE SERVICES PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HUNTINGTON PARK AND KAJIWARA
COMMUNICATIONS
RECOMMENDED THAT CITY COUNCIL:
1. Approve the Second Amendment to the Accounting/Finance Services Professional Services Agreement between the City of Huntington Park and Kajiwara Communications; and
2. Authorize the City Manager to execute the second amendment to the agreement.
END OF REGULAR AGENDA
CITY COUNCIL MEETING AGENDA
November 15, 2022 Page 8 of 7
PUBLIC HEARINGS
PUBLIC WORKS
13. PUBLIC HEARING TO ADOPT AN ORDINANCE AMENDING ARTICLE 4 “MANDATORY WATER CONSERVATION” IN CHAPTER 5 “WATER SYSTEM” AT TITLE 6 “SANITATION AND HEALTH” OF THE HUNTINGTON PARK
MUNICIPAL CODE
RECOMMENDED THAT CITY COUNCIL:
1. Open the public hearing and hear objections or protests, if any, to the adoption of an ordinance amending the City’s Municipal Code, Article 4 “Mandatory Water Conservation” in Chapter 5 “Water System” at Title 6 “Sanitation and Health”; and
2. Close the public hearing; and
3. Adopt Ordinance an declaring the adoption amending the City’s Municipal Code, Article 4 “Mandatory Water Conservation” in Chapter 5 “Water System” at Title 6 “Sanitation and Health.”
14. REVOCATION OF MEDICAL MARIJUANA BUSINESS LICENSE (MMBP) 16- 04 FOR BUSINESS LOCATED AT 5925 SOUTH ALAMEDA STREET #B RECOMMENDED THAT CITY COUNCIL:
1. Conduct a Public Hearing and receive public testimony; and
2. Revoke Medical Marijuana Business License No. 16-04 for business located at 5925 South Alameda Street, Suite B with the findings therein.
15. CONSIDERATION AND ADOPTION OF THE CITY OF HUNTINGTON ORDINANCE 2022-02 AND RESOLUTION No. 2022-38 AMMENDING
ORDINANCE 2016-952 AND ESTABLISHING A RESOLUTION FOR FEES ASSOCIATED WITH RECREATIONAL MARIJUANA LICENSES.
RECOMMENDED THAT CITY COUNCIL:
1. Conduct a Public Hearing and receive public testimony; and
2. Approve Ordinance 2022-02 amending Ordinance 2016-952 and;
3. Approve Resolution No. 2022-38 establishing fees associated with operations of recreational marijuana licenses.
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16. CONSIDERATION AND ADOPTION OF THE CITY OF HUNTINGTON PARK,
ENVIRONMENTAL JUSTICE ELEMENT
RECOMMENDED THAT CITY COUNCIL:
1. Conduct a Public Hearing and receive public testimony; and
2. Adopt Resolution No.2022–39 adding the Environmental Justice Element to the City of Huntington Park General Plan
3. Find that the Environmental Justice Element exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) – Common sense Exemption.
END OF PUBLIC HEARINGS
DEPARTMENTAL REPORTS (Information only)
WRITTEN COMMUNICATIONS
COUNCIL COMMUNICATIONS
Council Member Graciela Ortiz
Council Member Karina Macias
Council Member Arturo Flores
Vice Mayor Marilyn Sanabria
Mayor Eduardo “Eddie” Martinez
ADJOURNMENT
The City of Huntington Park City Council will adjourn to a Regular Meeting on Tuesday, December 6, 2022 at 6:00 P.M.
I, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall and made available at www.hpca.gov not less than 72 hours prior to the meeting. Dated this 11th day of November 2022.
Eduardo Sarmiento, City Clerk
Original attachments posted on 11/11/2022 have been revised. The revised attachments were added to the agenda 11/15/22 at 10:00 am by Eduardo Sarmiento, City Clerk per the direction of City Manager Ricardo Reyes. 1 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
RICARDO REYES AND THE CITY OF HUNTINGTON PARK
This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
RICARDO REYES AND THE CITY OF HUNTINGTON PARK ("Second Amendment") is entered into on the ___th day of November, 2022, by and between the CITY OF HUNTINGTON PARK, a Municipal Corporation, hereinafter referred to as "City" and RICARDO REYES, hereinafter referred to as "Employee", amending certain terms of employment as provided in the EMPLOYMENT AGREEMENT FOR CITY MANAGER - CITY OF HUNTINGTON PARK ("Agreement") effective July 4, 2018, as amended by the FIRST AMENDMENT (“First Amendment), effective retroactive July 4, 2018.
I. RECITALS
A. Effective July 4, 2018, City and Employee entered into an Employment Agreement whereby Employee was appointed to the position of City Manager. The Agreement was amended by the First Amendment, effective retroactive July 4, 2018.
B. Effective November 15, 2022, City and Employee agree to the terms of this Second Amendment to the Agreement which modifies Employee’s salary and other essential terms of employment.
C. All terms and conditions of employment contained in the Agreement and First Amendment not specifically amended by this Second Amendment shall remain in full force andeffect.
NOW, THEREFORE, City and Employee agree as follows:
II. AMENDMENT TOAGREEMENT
The following Sections to the Agreement are amended to read as follows:
(a) Section 1. of the Agreement (Position, Duties and Term) is amended as follows:
1.7 Term. REYES' term of employment as City Manager shall commence on 2 July 3, 2018 and continue to July 2, 2032 (referred hereinafter as the "Term") and the City Council reserves the sole discretion under this Agreement to extend the Term for an additional period of time as determined by the City Council. [All other language from Section 1 from Agreement remains unchanged.] (b) Section 2. Of the Agreement (Compensation and Benefits) is amended as follows:
2. Compensation and Benefits.
Effective for the duration the time periods covered by this agreement, City agrees to compensate REYES at an annual salary of $210,000.00. REYES will not be entitled to any additional compensation including overtime compensation. However, REYES shall receive all benefits afforded to Department Heads in current City service; including without limitation vacation time, sick leave or other leave time, and any post-employment benefits to which the REYES shall be eligible. Furthermore, REYES shall receive annual increases in benefits and salary to the same rate/amount as received by other Department Heads. (Or as stated in the Non-Represented Employees Compensation and Benefit Plan).
e. Commencing on the first year of the Term of this Agreement (i.e. February 1, 2023) and every other year of the remaining Term thereafter, Employee shall receive a cost of living adjustment, based on an increase (if any) in the “Cost of Living” as defined in California Government Code § 3511.1, as it currently exists or may be modified in the future. The cost of living adjustment will be calculated by comparing the November index number published for the current year to the corresponding index number for November one year earlier. The “California” or “Los Angeles/Riverside/Orange County” index will be used, whichever produces the lowest cost of living adjustment for that year’s calculation. Notwithstanding the foregoing, if the Cost of Living increase is less than 2.5%, Employee’s Base Salary shall be increased at a minimum of 2.5%.
Employee’s Base Salary will be increased by this amount prospectively without the need to amend this Agreement but will be subject to a performance evaluation by the City Council approving the Cost of Living increase and salary adjustment. f. Employee shall be provided a monthly auto allowance of five hundred dollars ($500.00) in exchange for making a vehicle available for his own use and for City-related business and/or functions during, before and after normal work hours. This automobile allowance includes reimbursement for an appropriate allocation of vehicle insurance and all other expenses of vehicle ownership, maintenance, and operation. Employee shall comply with all city policies related to the use of his own vehicle, which includes providing the City with proof of current automobile insurance with liability limits in the amount set by the Risk Manager.
[All other language from Section 2 from Agreement remains unchanged.] 4 (b) Section 4.1. Of the Agreement (Termination) is amended as follows:
The “severance payment” shall be an amount equal to twelve (12) months base salary, less any and all applicable or legally required deductions. [All other language from Section 4.1 from Agreement remains unchanged.] III. ALL OTHER TERMS AS SET FORTH IN THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
This Second Amendment integrates all terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous understandings between the parties. Except as specifically set forth herein, all other terms of the Employment Agreement and First Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Employment Agreement or First Amendment, the terms of this Second Amendment shall control.
IN WITNESS WHEREOF, the City of Huntington Park (CITY) has caused this Second Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Ricardo Reyes (EMPLOYEE) has signed and executed this SECOND AMENDMENT TO AGREEMENT FOR EMPLOYMENT FOR CITY MANAGER - THE CITY OF HUNTINGTON PARK, in triplicate, the day and year first written above.
RICARDO REYES CITYOFHUNTINGTON PARK:
____________________ _______________________ Ricardo Reyes Eduardo “Eddie” Martinez, Mayor City Manager
ATTEST: APPROVED AS TO FORM:
_________________ ___________________ Eduardo Sarmiento, City Clerk Arnold M. Alvarez-Glasman, City Attorney 1 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN CHIEF OF
POLICE, COSME LOZANO, AND THE CITY OF HUNTINGTON PARK
This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
COSME LOZANO AND THE CITY OF HUNTINGTON PARK ("Second Amendment") is entered into on the ___th day of November, 2022, by and between the CITY OF HUNTINGTON PARK, a Municipal Corporation, hereinafter referred to as "City" and COSME LOZANO, hereinafter referred to as "Employee", amending certain terms of employment as provided in the EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE - CITY OF HUNTINGTON PARK ("Agreement") effective July 20, 2015, as amended by the FIRST AMENDMENT (“First Amendment), effective June 18, 2019.
I. RECITALS
A. Effective July 20, 2015, City and Employee entered into an Employment Agreement whereby Employee was appointed to the position of Chief of Police. The Agreement was amended by the First Amendment, effective June 18, 2019.
B. Effective November 15, 2022, City and Employee agree to the terms of this Second Amendment to the Agreement which modifies Employee’s salary and other essential terms of employment.
C. All terms and conditions of employment contained in the Agreement and First Amendment not specifically amended by this Second Amendment shall remain in full force andeffect.
NOW, THEREFORE, City and Employee agree as follows:
II. AMENDMENT TOAGREEMENT
The following Sections to the Agreement are amended to read as follows:
(a) Section 1. of the Agreement (Position, Duties and Term) is amended as follows:
1.2 EFFECTIVE DATE OF AGREEMENT/TERM. The effective date of this Agreement shall be July 20, 2015 (hereinafter the “Effective Date”). This Agreement shall 2 have a term of ten (10) years commencing from November 15, 2022 (hereinafter referred to by the capitalized word “Term”). Upon the expiration of the Term, this Agreement shall continue on a month-to-month basis, subject to all of the terms and conditions set forth in this Agreement, until such time as CITY either executes a new agreement with EMPLOYEE or CITY terminates EMPLOYEE employment with CITY. [All other language from Section 1 from Agreement remains unchanged.] (b) Section 2. Of the Agreement (Compensation) is amended as follows:
2.1 BASE SALARY. Commencing November 15, 2022, EMPLOYEE shall receive a base annual salary of $190,000.00 per year (hereinafter, the “Base Salary”). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for the year 2015, may be enhanced from time to time by the City Council as provided under Section 2.2 (Performance Review) of this Agreement, below. The Base Salary shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other employees of CITY. EMPLOYEES’s salary shall be subject to customary withholding for taxes and other required deductions.
Commencing on the first year of the Term of this Agreement (i.e. November 1, 2023) and every other year of the remaining Term thereafter, Employee shall receive a cost of living adjustment, based on an increase (if any) in the “Cost of Living” as defined in California Government Code § 3511.1, as it currently exists or may be modified in the future. The cost of living adjustment will be calculated by comparing the November index number published for the current year to the corresponding index number for November one year earlier. The “California” or “Los Angeles/Riverside/Orange County” index will be used, whichever produces the lowest cost of living adjustment for that year’s calculation.
Notwithstanding the foregoing, if the Cost of Living increase is less than 2.5%, Employee’s Base Salary shall be increased at a minimum of 2.5%. Employee’s Base Salary will be increased by this amount prospectively without the need to amend this Agreement but will be subject to a performance evaluation by the City Council approving the Cost of Living increase and salary adjustment.
[All other language from Section 2 from Agreement remains unchanged.] III. ALL OTHER TERMS AS SET FORTH IN THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
This Second Amendment integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous understandings between the parties. Except as specifically set forth herein, all other terms of the Employment Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Employment Agreement, the terms of this Second Amendment shall control.
IN WITNESS WHEREOF, the City of Huntington Park (CITY) has caused this 3 Second Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Cosme Lozano (EMPLOYEE) has signed and executed this SECOND AMENDMENT TO AGREEMENT FOR EMPLOYMENT FOR CHIEF OF POLICE - THE CITY OF HUNTINGTON PARK, in triplicate, the day and year first written above.
CITYOFHUNTINGTON PARK: COSME LOZANO
____________________ _____________________________
Ricardo Reyes Chief of Police
City Manager
ATTEST: APPROVED AS TO FORM:
_________________ ___________________ Eduardo Sarmiento, City Clerk Arnold M. Alvarez-Glasman, City Attorney 1 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN DIRECTOR OF
PARKS AND RECREATION, CYNTHIA NORZAGARAY, AND THE CITY OF
HUNTINGTON PARK
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
CYNTHIA NORZAGARAY AND THE CITY OF HUNTINGTON PARK ("First Amendment") is entered into on the ___th day of November, 2022, by and between the CITY OF HUNTINGTON PARK, a Municipal Corporation, hereinafter referred to as "City" and CYNTHIA NORZAGARAY, hereinafter referred to as "Employee", amending certain terms of employment as provided in the EMPLOYMENT AGREEMENT FOR
DIRECTOR OF PARKS AND RECREATION - CITY OF HUNTINGTON PARK ("Agreement") effective September 11, 2017.
I. RECITALS
A. Effective September 11, 2017, City and Employee entered into an Employment Agreement whereby Employee was appointed to the position of Director of Parks and Recreation.
B. Effective November 15, 2022, City and Employee agree to the terms of this First Amendment to the Agreement which modifies Employee’s salary and other essential terms of employment.
C. All terms and conditions of employment contained in the Agreement not specifically amended by this First Amendment shall remain in full force and effect.
NOW, THEREFORE, City and Employee agree as follows:
II. AMENDMENT TOAGREEMENT
The following Sections to the Agreement are amended to read as follows:
(a) Section 1. of the Agreement (Position, Duties and Term) is amended as follows:
1.7 Term. DIRECTOR’s term of employment as Director of Parks and Recreation shall commence on September 11, 2017 and continue to September 10, 2032 (referred 2 hereinafter as the “Term”) and the City Council reserves the sole discretion under this Agreement to extend the Term for an additional period of time as determined by the City Council.
[All other language from Section 1 from Agreement remains unchanged.] (b) Section 2. Of the Agreement (Compensation) is amended as follows:
2. Compensation and Benefits.
Effective for the duration the time periods covered by this agreement, City agrees to compensate DIRECTOR at an annual salary of $155,000.00. DIRECTOR will not be entitled to any additional compensation including overtime compensation.
However, DIRECTOR shall receive all benefits afforded to Department Heads in current City service; including without limitation vacation time, sick leave or other leave time, and any post-employment benefits to which the DIRECTOR shall be eligible. Furthermore, DIRECTOR shall receive annual increases in benefits and salary to the same rate/amount as received by other Department Heads. (Or as stated in the Non-Represented Employees Compensation and Benefit Plan).
Commencing on the first year of the Term of this Agreement (i.e. September 1, 2023) and every other year of the remaining Term thereafter, Employee shall receive a cost of living adjustment, based on an increase (if any) in the “Cost of Living” as defined in California Government Code § 3511.1, as it currently exists or may be modified in the future. The cost of living adjustment will be calculated by comparing the November index number published for the current year to the corresponding index number for November one year earlier. The “California” or “Los Angeles/Riverside/Orange County” index will be used, whichever produces the lowest cost of living adjustment for that year’s calculation.
Notwithstanding the foregoing, if the Cost of Living increase is less than 2.5%, Employee’s Base Salary shall be increased at a minimum of 2.5%. Employee’s Base Salary will be increased by this amount prospectively without the need to amend this Agreement but will be subject to a performance evaluation by the City Council approving the Cost of Living increase and salary adjustment.
[All other language from Section 2 from Agreement remains unchanged.] III. ALL OTHER TERMS AS SET FORTH IN THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
This First Amendment integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous understandings between the parties. Except as specifically set forth herein, all other terms of the Employment Agreement shall remain in full force and effect. In the event of a conflict between the terms of this First Amendment and the Employment Agreement, the terms of this First Amendment shall control.
3 IN WITNESS WHEREOF, the City of Huntington Park (CITY) has caused this First Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Cynthia Norzagaray (EMPLOYEE) has signed and executed this
FIRST AMENDMENT TO AGREEMENT FOR EMPLOYMENT FOR DIRECTOR OF PARKS AND RECREATION - THE CITY OF HUNTINGTON PARK, in triplicate, the day and year first written above.
CITYOFHUNTINGTON PARK: CYNTHIA NORZAGARAY
____________________ _____________________________
Ricardo Reyes Director of Parks and Recreation
City Manager
ATTEST: APPROVED AS TO FORM:
_________________ ___________________ Eduardo Sarmiento, City Clerk Arnold M. Alvarez-Glasman, City Attorney 1 2022
EMPLOYMENT AGREEMENT
(Engagement: Community Development Director)
(Parties: City of Huntington Park and Steve Forster)
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into this day of ________, 2022, by and between the CITY OF HUNTINGTON PARK ("CITY"), a California municipal corporation, and Steve Forster ("DIRECTOR" and sometimes referred to herein as “Employee”), an individual. For the purposes of this Agreement CITY and DIRECTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or DIRECTOR interchangeably. This Agreement sets forth all terms and conditions of employment concerning the employment of Steve Forster to the position of the Community Development Director for the City of Huntington Park, California.
RECITALS
WHEREAS, CITY desires to employ the services of Employee as Community Development Director and subject to the terms, conditions, and benefits set forth in this Agreement; and
WHEREAS, the City Council of the City of Huntington Park (the “Council”) and DIRECTOR believe that an agreement negotiated between the City Council, on behalf of the City, and DIRECTOR can be mutually beneficial to the City, DIRECTOR, and the community they serve; and
WHEREAS, the Council and DIRECTOR believe an agreement will enhance the excellence and continuity of the management of the City’s Community Development Department for the benefit of its residents; and
WHEREAS, the City now desires to employ the services of DIRECTOR pursuant to the terms, conditions and provisions of this Agreement; and WHEREAS, DIRECTOR has agreed to accept employment with the City, subject to the terms, conditions and provisions of this Agreement; and WHEREAS, in accordance with the City of Huntington Park Municipal Code, both parties now desire to set forth the terms, conditions, and provisions of the employment relationship between City and DIRECTOR.
2 NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and DIRECTOR agree as follows:
OPERATIVE PROVISIONS
1. Position, Duties and Term.
1.1 Position. DIRECTOR accepts employment with CITY as its DIRECTOR and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement.
1.2 Period of Employment/Commencement Date. DIRECTOR's employment with CITY shall be "at-will" pursuant to the provisions of Government Code section 36506. DIRECTOR's employment shall be subject to the provisions of this Agreement and provisions applicable to the office of the DIRECTOR contained in the CITY's Municipal Code and THE City’s personnel rules, policies, regulations and procedures, as it may be amended from time to time. The Date for DIRECTOR’s commencement to serve as DIRECTOR shall be November 15, 2022.
1.3 At-Will. DIRECTOR acknowledges that he or she is an at-will employee of CITY who shall serve at the pleasure of the City Council at all times during the period of his or her service hereunder. To the extent they conflict with his or her at-will status, the terms of the CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions including, without limitation, CITY’s Personnel Policies, as they may be amended or supplemented from time to time, shall apply to DIRECTOR, and nothing in this Agreement is intended to, or does, confer upon DIRECTOR any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate his employment, except as is expressly provided in Section 4 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of DIRECTOR as provided in Section 4 [Termination].
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of DIRECTOR to resign at any time from this position with CITY, subject only to the provisions set forth in Section 4 [Termination] of this Agreement.
1.4 Duties. DIRECTOR shall serve as the Community Development Director and shall be vested with the powers, duties and responsibilities as set forth in the job description attached to this Agreement and as defined by the City Manager and/or the City Council, the terms of which are incorporated herein by reference, as may be amended from time to time. DIRECTOR shall provide service at the direction and under the supervision of the City Manager and City Council. It is the intent of the Parties that the DIRECTOR shall keep the City Manager and City Council fully apprised of all significant ongoing operations of CITY. To that end, DIRECTOR shall report directly to the City Manager and will periodically, or as may be otherwise specifically requested by the City Council, provide oral or written status reports to the 3 City Council on his or her activities and those of CITY.
DIRECTOR's duties shall include, but are not limited to:
a. Attending all meetings of the City Council, including regular and special meetings, unless excused by the City Manager. The DIRECTOR shall receive notice of all regular and special meetings of the City Council, and accept requests for occasional meetings with City Council member(s);
b. Prepare agenda documents and staff reports for any regular or special meetings of the City Council pertaining to his or her Department;
c. Directing the work of all office of the Community Development employees and endeavor to implement changes that the DIRECTOR believes will result in greater efficiency, economy, or improved public service in the provision of CITY services;
d. Recommending to the City Council from time to time the adoption of such measures as the Community Development Director may deem necessary or expedient for the health, safety, or welfare of the community or the improvement of administrative services; e. Conducting research in administrative practices for the Community Development Department in order to bring about greater efficiency and economy in CITY government and develop and recommend to the City Council long range plans to improve CITY operations and prepare for future CITY growth and development;
f. Providing management training and developing leadership qualities among staff as necessary to foster a team that can plan for and meet future challenges and changes;
g. Providing support of CITY government in emergencies as authorized by the CITY's Municipal Code and California law; and h. Participating in and involvement with local, regional, and statewide professional organizations beneficial to the CITY.
It is the intent of the City Council that the Community Development Director will function as the DIRECTOR of the CITY's Community Development Department.
DIRECTOR shall provide such other services as are customary and appropriate to the position of DIRECTOR, together with such additional services assigned from time to time by the City Council or City Manager as may be consistent with California law and the CITY's Municipal Code and policies. DIRECTOR shall devote his or her best efforts and attention to the performance of these duties. Notwithstanding DIRECTOR's duties 4 as Community Development Director, nothing in this Agreement shall be construed to prohibit direct communications between the City Council and employees of the CITY in a manner consistent with the CITY's personnel rules, administrative policies and City Council policies.
1.5 Hours of Work. DIRECTOR shall devote the time necessary to adequately perform his or her duties as DIRECTOR during the term of employment. DIRECTOR shall make himself or h erself available by telephone at all times to the City Manager and City Counc il . The position of Community Development Director shall be deemed an exempt position under state and federal wage and hour laws.
DIRECTOR shall not be entitled to any compensation for overtime.
1.6 Other Activity. In accordance with Government Code section 1126, during the period of his employment, DIRECTOR shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not for pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of DIRECTOR's duties as DIRECTOR.
1.7 Term. DIRECTOR's term of employment as Community Development Director shall commence on November 15, 2022 and continue to November 14, 2032 (referred hereinafter as the "Term") and the City Council reserves the sole discretion under this Agreement to extend the Term for an additional period of time as determined by the City Council.
2. Compensation and Benefits.
Effective for the duration the time periods covered by this agreement, City agrees to compensate DIRECTOR at an annual salary of $166,000.00. DIRECTOR will not be entitled to any additional compensation including overtime compensation. However, DIRECTOR shall receive all benefits afforded to Department Heads in current City service; including without limitation vacation time, sick leave or other leave time, and any postemployment benefits to which the DIRECTOR shall be eligible. Furthermore, DIRECTOR shall receive annual increases in benefits and salary to the same rate/amount as received by other Department Heads. (Or as stated in the Non-Represented Employees Compensation and Benefit Plan).
Commencing on the second year of the Term of this Agreement (i.e. November 1, 2024) and every other year of the remaining Term thereafter, Employee shall receive a cost of living adjustment, based on an increase (if any) in the “Cost of Living” as defined in California Government Code § 3511.1, as it currently exists or may be modified in the future. The cost of living adjustment will be calculated by comparing the November index number published for the current year to the corresponding index number for November one year earlier. The “California” or “Los Angeles/Riverside/Orange County” index will 5 be used, whichever produces the lowest cost of living adjustment for that year’s calculation. Notwithstanding the foregoing, if the Cost of Living increase is less than
2.5%, Employee’s Base Salary shall be increased at a minimum of 2.5%. Employee’s Base Salary will be increased by this amount prospectively without the need to amend this Agreement but will be subject to a performance evaluation by the City Council approving the Cost of Living increase and salary adjustment.
In addition to the above-stated salary, DIRECTOR shall receive the following benefits:
a. The City shall provide a cellular telephone for official use only during DIRECTOR’s tenure under this Agreement.
b. The City shall provide DIRECTOR with his or her choice of medical, dental, vision, long term disability and life insurance plans as provided to all other City employees. The CITY will pay its share and the EMPLOYEE’s/DIRECTOR’s entire contribution rate (7%) to the retirement fund during his or her employment.
c. DIRECTOR shall be entitled to receive forty (40) hours per year of administrative leave. If this Agreement is extended to an additional year(s), any remaining administrative leave shall not carry forward to the following year(s).
d. DIRECTOR shall be entitled to eight (8) hours of sick leave for every month of employment. In the last pay period of each fiscal year, onehalf (50%) of the employee’s unused accrued sick leave from that fiscal year (48 hours maximum), shall be cashed out by the City at the employee’s regular rate of pay in effect on June 30th.
e. Provided DIRECTOR retires with at least five (5) years of full-time service with the CITY, the CITY shall pay one-hundred percent (100%) of the maximum level of the CITY’s contribution based on the Basic Kaiser Permanente – L.A. Area Region monthly health premium (i.e. Employee Only, Employee Plus One Dependent, Employee Plus Two or More Dependents) for those eligible retired Non-Represented employees under the California Public Employee’s Medical and Hospital Care Act or other health insurance and all other form of health insurance for these retired employees and their dependents.
3. Taxes.
Employee DIRECTOR shall be responsible for his or her federal, state, local or other taxes resulting from any compensation or benefits provided to him or her by the City under this Agreement. The City may withhold all federal, state, local or other taxes as may be required pursuant to law or governmental regulation or ruling from any compensation or benefits provided under this Agreement. The City shall not be liable (except in cases of 6 City’s errors or omissions) for any state or federal tax consequences to Employee, to any designated beneficiary hereunder, and/or to the heirs, administrators, executors, successors, and assigns of Employee. Employee shall assume sole liability for any state or federal tax consequences of this Agreement or any related agreement and agrees to indemnify and hold the City harmless from such tax consequences.
4. Termination.
4.1 Termination by City for Convenience.
(a) Except as otherwise provided under Subsection (b) of this Section below, CITY may terminate DIRECTOR at any time for convenience and without cause, by providing DIRECTOR thirty (30) days prior written notice thereof together with the applicable “severance payment” provided for below. In lieu of providing thirty (30) days prior written notice of termination, CITY may place DIRECTOR on paid administrative leave status during the thirty (30) day notice period or any portion thereof. CITY may dismiss DIRECTOR notwithstanding anything to the contrary contained in or arising from any Employment Policies or past CITY practices relating to the employment, discipline, or termination of its employees. The “severance payment shall be an amount equal to three (3) months base salary, less any and all applicable or legally required deductions. DIRECTOR agrees to sign a confidentiality agreement upon termination of this agreement regardless of being terminated with cause or without cause, as permitted by law. DIRECTOR shall also receive all applicable accrued vacation and/or sick leave as provided herein together with any extension of benefits required and permitted under California law.
The foregoing notwithstanding, in no event shall the “severance payment” include the payment of any sums prohibited pursuant to Government Code Section 53260 and any such sums shall be deducted from the “severance payment.”
(b) Within ninety (90) calendar days of a swearing-in after a CITY election, CITY may not act to terminate DIRECTOR for convenience as authorized under Subsection (a) of this Section, above. The foregoing notwithstanding, nothing in this Subsection (b), shall preclude CITY from terminating DIRECTOR employment for cause at any time as provided elsewhere under Section 4 of this Agreement.
4.2 Termination by Employee. DIRECTOR may terminate his or her employment for any reason, and at any time, with or without cause, by providing CITY with no less than thirty (30) days prior written notice. In such event, CITY shall have the option, in its complete discretion, to make DIRECTOR’s termination effective upon any date preceding the 30-day notice period, provided CITY pays DIRECTOR all compensation due and owing him or her through the last day actually worked, plus an amount equal to the Base Salary DIRECTOR would have earned through the balance of the thirty (30) day 7 notice period. DIRECTOR shall not receive a “severance payment” in the event he or she terminates employment with CITY pursuant to this Section 4.
4.3 Termination for Cause by City. CITY may immediately terminate DIRECTOR’s employment with CITY and this Agreement at any time by providing DIRECTOR’s written notice of his termination for cause. No “severance payment” shall be paid in the event DIRECTOR’s employment is terminated for cause, except that CITY shall pay DIRECTOR for his accrued and unused vacation and sick leave, as provided for in this Agreement and as permitted by law. For purposes of this Agreement, cause for termination shall include, but not be limited to, the following: (i) theft or attempted theft; (ii) material dishonesty; (iii) willful or persistent material breach of duties; (iv) engaging in unlawful discrimination or harassment of employees or any third party while on CITY premises or on CITY time; (v) conviction of either a felony, a criminal offense involving moral turpitude, or a felony or misdemeanor under the Political Reform Act or Government Code section 1090; and/or (vi) unauthorized absences. DIRECTOR expressly waives any right to any pre-termination or post-termination disciplinary, review or appeal proceedings set forth under CITY’s Employment Policies. DIRECTOR also expressly waives any right to any pre-termination or post-termination disciplinary, review or appeal proceedings set forth under the laws of the State of California or federal law, except to the extent that the contractual waiver contemplated herein is prohibited by applicable law.
4.4 Termination Obligation. DIRECTOR shall have the option to purchase and keep all mobile electronic devices and/or laptop issued to him or her by CITY for fair market value and DIRECTOR agrees that all other CITY property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him or her incident to his or her employment are the property of CITY and shall be returned promptly to CITY upon termination of DIRECTOR’s employment. DIRECTOR’s obligations under this subsection shall survive the termination of his or her employment and the expiration or early termination of this Agreement.
4.5 Benefits Upon Termination. All benefits to which DIRECTOR is entitled under this Agreement shall cease upon DIRECTOR’s termination in accordance with this Section 4 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to DIRECTOR, or unless otherwise required by law.
4.6 Cessation of Work Due to Non-Permanent Illness or Injury. In addition to any right of termination set forth under Sections 4.1, above, CITY reserves the right to terminate DIRECTOR's employment along with this Agreement if DIRECTOR ceases to work as a result of illness or injury: (i) which does not arise out of the course of employment; (ii) which does not limit a major life activity within the meaning of California's Fair Employment and Housing Act; and (iii) where the cessation of work continues beyond a period of twenty (20) consecutive days beyond a period of thirty (30) consecutive days of incapacity due to the illness or injury. 8 4.7 Disability. In addition to any right of termination set forth under Section
4.1, above, CITY reserves the right to terminate DIRECTOR's employment along with this Agreement after DIRECTOR suffers any physical or mental disability that does not arise out of the course of employment and that prevents the performance of DIRECTOR's essential job duties, unless reasonable accommodation can be made to allow DIRECTOR to continue working. The foregoing notwithstanding, CITY may terminate DIRECTOR if the disability poses a direct threat to CITY, DIRECTOR or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat.
4.8 Illness, Injury or Disability Arising Out of the Course of Employment. In the event DIRECTOR suffers a physical or mental disability arising out of the course of employment, CITY's ability to terminate DIRECTOR solely and exclusively on the basis of the illness, injury or disability shall be subject to applicable workers' compensation laws for the State of California, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and the California Fair Employment and Housing Act. Further, DIRECTOR's exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally required under the workers' compensation laws of the State of California.
4.9 Medical Examination. DIRECTOR agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by the CITY, in the event a decision must be made under Sections 4.6 through 4.8. CITY and DIRECTOR shall receive a copy of all medical reports related to the examination.
4.10 Death of Employee. This Agreement along with DIRECTOR's employment shall terminate automatically upon DIRECTOR's death.
5. Annual Evaluation.
At a time agreed upon by the City Manager and DIRECTOR, the City Manager will annually review and evaluate the performance of Steve Forster as DIRECTOR and may use an experienced professional outside facilitator mutually agreed upon by the City Council and DIRECTOR to do so. The purpose of the review shall be to provide DIRECTOR with feedback on his or her performance, including the performance of the duties set forth in Section 1.4 above, progress in meeting, achieving, or exceeding City Council defined goals, objectives, priorities, activities, and programs, and to identify areas requiring improvement and how such improvement may be accomplished. In conducting the performance evaluation and considering adjustments to DIRECTOR's compensation, the City Council may consider, among other things, DIRECTOR's:
a. overall performance as DIRECTOR, including leadership and management skills;
b. professional ethics;
c. progress in meeting, achieving, or exceeding City Council defined 9 goals, objectives, priorities, activities, and programs; d. involvement in local, regional, and statewide organizations beneficial to the CITY;
e. the financial feasibility or desirability of authorizing any proposed adjustment to compensation in light of current and/or projected economic conditions, including whether the CITY is operating with a balanced budget;
f. prevailing job market conditions and compensation trends; and g. such other factors as the City Manager may find relevant.
The City Council shall at all times retain discretion to agree to or deny any proposed increase to DIRECTOR's compensation terms, notwithstanding the findings or determinations of any performance review. Failure of CITY to provide a performance evaluation shall not limit CITY's ability to terminate this Agreement pursuant to Section 4 [Termination].
6. Business Expenses.
The CITY shall reimburse DIRECTOR for all reasonable CITY related business expenses incurred by him or her in accordance with submittal, processing, and payment policies of the CITY.
7. Professional Membership and Training Expenses.
Upon obtaining prior consent from the City Council, CITY shall reimburse DIRECTOR for reasonable expenses associated with DIRECTOR's membership, training, and travel to participate in local, regional, and statewide organizations beneficial to the CITY.
8. Business Related Equipment
(a) CITY CELL PHONE AND IPAD. CITY shall provide DIRECTOR with a CITY-owned cellular phone, laptop or Apple iPad and requisite service plan for both, at no cost to DIRECTOR, in so far as such CITY-provided equipment is necessary for the performance of CITY related business and is, in fact, used exclusively for CITY business.
DIRECTOR shall have the option to purchase at a fair market value and keep or return the cellular phone and the laptop or iPad to the CITY upon the expiration or termination of this Agreement or upon request by the City Council. If items are returned to CITY, CITY shall have the right to inspect all equipment usage bills and demand compensation for any charges incurred in violation of this Agreement.
(b) PERSONAL CELLULAR PHONE. DIRECTOR acknowledges that, as of the Effective Date, he or she possesses a personal cellular phone and plan for his personal 10 use and shall maintain such personal cellular phone and plan for the duration of this Agreement to ensure that usage of the CITY-provided cellular phone is strictly for CITYrelated business. (c) CELLULAR PHONE AND IPAD USE. DIRECTOR shall at all times follow applicable state or federal laws or regulations regarding the use of the CITY provided laptop or iPad and cellular telephone and will be subject to the CITY's usage policies for such equipment.
(d) PRIVACY. All the documents and information contained in, or transmitted from the CITY-provided cellular phone and laptop or iPad, including but not limited to text messages, voicemail messages, electronic mail messages and electronically stored documents, are the property of the CITY and may be accessed by the CITY at any time without notice to DIRECTOR. DIRECTOR understands and acknowledges that he or she has no right to privacy when using the CITY-provided cellular phone or iPad.
9. Proprietary Information.
“Proprietary Information” means all information and any idea pertaining in any manner to the business of CITY and its respective officials, officers, employees, clients, consultants, or business associates, which was produced by any employee or agent of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts and customer lists. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During DIRECTOR’S employment by CITY, DIRECTOR shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform DIRECTOR’S job responsibilities under this Agreement. Following termination, DIRECTOR shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. DIRECTOR obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
10. Conflict of Interest.
DIRECTOR shall not, during the term of this Agreement, individually, as a partner, joint venture, officer, or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the CITY. DIRECTOR shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the City’s Municipal Code, and any other conflict of interest regulations applicable to DIRECTOR employment with the City. For and during the Term of this Agreement and any extension term, DIRECTOR further agrees that except for a personal residence or residential property acquired or held for future use as 11 his or her personal residence, DIRECTOR will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the City Manager.
GENERAL PROVISIONS
11. Notices.
All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified, or registered, and addressed to CITY at the address below, and or at the last known address maintained in DIRECTOR personnel file. DIRECTOR agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
CITY’s Notice Address:
City of Huntington Park
6550 Miles Avenue
Huntington Park, California 90255
Attn: Mayor and City Clerk
DIRECTOR Address: [Deliver to last updated address in personnel file]
12. Indemnification.
Subject to, in accordance with, and to the extent provided by the California Tort Claims Act (Government Code Section 810 et seq.) CITY will indemnify, defend, and hold DIRECTOR harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any negligent act or omission occurring during the Term of this Agreement or any extension term. The City shall have the discretion to compromise or settle any such claim, demand or action and pay the amount of any settlement or judgment rendered thereon. Notwithstanding the foregoing, the City shall have no duty to indemnify, defend, or hold DIRECTOR harmless from any criminal proceeding, or with regard to any civil, criminal or administrative proceeding initiated by him.
13. Bonding.
CITY shall bear the full cost of any fidelity or other bonds required of the Chief of Police under any laws or ordinance.
14. Entire Agreement.
This Agreement is intended to be the final, complete, and exclusive statement of 12 the terms of DIRECTOR employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of DIRECTOR, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to DIRECTOR and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2 above, DIRECTOR shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non-represented CITY employees.
15. Amendments.
This Agreement may not be amended except in a written document signed by DIRECTOR, approved by CITY and signed by City Attorney.
16. Waiver.
Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
17. Assignment.
DIRECTOR shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to DIRECTOR, assign its rights and obligations hereunder.
18. Severability.
If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
19. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Parties agree that venue shall be in Los Angeles County, California.
20. Interpretation.
This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.
This Agreement may be altered, amended or modified only by an instrument in writing; executed by the parties to this Agreement and by no other means. Each party waives 13 their future right to claim, contest, or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
21. Acknowledgment.
DIRECTOR acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and DIRECTOR has signed and executed this Agreement, as of the date first indicated above.
CITY OF HUNTINGTON PARK
By:
Ricardo Reyes
City Manager
APPROVED AS TO FORM:
By:
Arnold M. Alvarez-Glasman
City Attorney
STEVE FORSTER
By:
ATTEST:
By:
Eduardo Sarmiento
City Clerk