POINT ARENA CITY
COUNCIL AGENDA
ITEM SUMMARY
CONSIDER INTERIM CITY MANAGER CONTRACT
Approve Interim City Manager contract with term of November 12, 2024 – June 30, 2025.
Peggy Ducey became the Point Arena Interim City Manager in February 2024. At that time, Ducey was to remain for six (6) months only, but the City’s financial situation is still unstable. Ducey and the Council have agreed to continue to employ Ducey through the remainder of the FY 2024-25, with a termination date of June 30, 2025.
Since becoming an employee of the City of Point Arena 9 months ago, Ducey’s hourly rate has been $50.00/hour, and she receives no benefits. Given that her tenure will stretch to 15 months, Ducey has requested a few of the benefits that other City employees receive. She is not requesting an increase in her hourly rate. The additional benefits are:
• Quarterly HSA contribution of $550.
• Accrued vacation at 4 hours of vacation per pay period. • Administrative Leave of 40 hours effective November 12, 2024. • Accrue holidays at the same rate as other employees of the City • City will match retirement contributions equal to City Manager’s salary contributions up to a limit of three percent (3%) of base wages for the term of the contract.
Cost for Interim City Manager is less than budgeted for permanent City Manager.
1. Interim City Manager Contract
Peggy Ducey, Interim City Manager
AGENDA ITEM: VIII.C
MEETING DATE: 11/12/2024
TITLE
RECOMMENDED ACTION
ANALYSIS
FISCAL IMPACT
ATTACHMENTS
CITY MANAGER SIGNATURE
1 AGREEMENT BETWEEN THE
CITY OF POINT ARENA AND PEGGY DUCEY FOR APPOINTMENT AS
INTERIM CITY MANAGER
This agreement is dated for identification this 12th day of November 2024, and is made by and between the City of Point Arena, California (“City”), a general law city, and Ms. Peggy Ducey (“Ducey” or “Interim City Manager”) of El Dorado Hills, California A. Whereas, the City desires to retain Ms. Peggy Ducey as an employee to provide Interim City Manager Services;
B. Whereas, Ms. Peggy Ducey is a qualified professional with the experience, skills and expertise to provide the certain professional services that the City seeks;
NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, the City does hereby engage Ms. Peggy Ducey as an at-will temporary employee, and agrees to perform the services set forth herein in accordance with the following terms and conditions:
1. Description of Services. The Interim City Manager shall provide all customary functions and duties specified for the city manager position and is vested with all powers, duties and responsibilities, described under the laws of the State of California, the Municipal Code of the City, and the Ordinances and Resolutions of the City and will perform such other duties as the City Council may from time to time assign.
2. Schedule and Term. The term of employment is November 1, 2024, through June 30, 2025. The City and Ducey hereby agree to periodically negotiate a schedule and term for this employment based on the parties’ evaluation of the City’s need for the services of the Interim City Manager.
3. Compensation. The hourly rate for services shall be $50.00 per hour for up to 40 hours per week. The City will be responsible for the Interim City Manager’s overnight accommodation, including all utilities. City will reimburse travel to and from the City to the Interim City Manager’s home in El Dorado Hills, California at the standard IRS Mileage rate.
4. Benefits.
a. City Manager shall accrue Vacation Leave at a rate of 4.5 hours per pay period. Upon termination of employment, City Manager shall receive compensation for all earned vacation on record based on the pay level of City Manager at the time of separation from employment. 2 b. Interim City Manager shall receive 32 hours of Administrative Leave accrued as of November 12, 2024. If the leave is not used by September 30 of each subsequent year, the unused balance will not carry forward.
Administrative Leave must be taken as time off and is not compensable upon termination.
c. Interim City Manager shall utilize and accrue, and have credited and removed from his personal account, holidays (including personal holiday), and sick leave at the same rate and on the same basis as other employees of the City.
d. City shall contribute $550 per quarter to a Health Savings Plan (HSA) e. City provides a Savings Incentive Match Plan for the Employees (SIMPLE) IRA and will match contributions equal to City Manager’s salary reduction contributions up to a limit of three percent (3%) of base wages for the year.
5. Termination. The parties agree and understand that the position of City Manager is an at-will position. Either party may terminate this Agreement at any time, for any and no reason by providing thirty (30) days advance written notice.
6. Indemnification [Hold Harmless]. As a City employee the City shall defend and hold harmless the Interim City Manager from any liability or responsibility arising because of the work done by the Interim City Manager, the City or its agents, employees or representatives as it would any other City employee.
7. Reliance Upon Professional Skill. It is mutually agreed by the parties that City is relying upon the Interim City Manager’s professional skills and the Interim City Manager represents to the City that his work shall conform to generally recognized professional standards in the industry. Ducey is responsible for maintaining all professional licenses and certifications.
8. Amendment. This Agreement may be amended by written instrument signed by both parties.
9. Inconsistent Terms. If the attachments or exhibits to this Agreement, if any, are inconsistent with this Agreement, this Agreement shall control.
10.Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. If the attachments or exhibits to this Agreement, if any, are inconsistent with this Agreement, this Agreement shall control.
11.Notices. Any notice required to be given to the Interim City Manager shall be deemed to be duly and properly given if mailed to, postage prepaid, and addressed to:
3 Ms. Peggy Ducey
349 Kipps Lane A
El Dorado Hills, California 95762
or personally delivered to Ducey at such address or at such other addresses as he occupies within the City.
a. Any notice required to be given to the City shall be deemed to be duly and properly given if mailed to the City, postage prepaid, addressed to:
The City of Point Arena
PO Box 67
Point Arena, California
or personally delivered to the City at such address.
IN WITNESS WHEREOF, this Agreement is executed by City and by Peggy Ducey.
Peggy Ducey:
By:
City of Point Arena
By: _____________________________________
Mayor Barbara Burkey
Approved as to Form and Content:
Baron Bettenhausen, City Attorney
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