01148.0004/762008.1 Page 1 of 5
CITY OF RICHMOND
PART-TIME, LIMITED DURATION EXTRA HELP
EMPLOYMENT AGREEMENT
This PART-TIME, LIMITED DURATION EXTRA HELP EMPLOYMENT AGREEMENT (“Agreement”) is made by and between the CITY OF RICHMOND (“City”) and LOUIE TIRONA (“Employee”). The City and Employee may be r eferred to individually as a “Party” or collectively as “the Parties.”
RECITALS
WHEREAS, Government Co de Sections 21224(a) and 7522.56(c) permit retired annuitants under the California Public Employees’ Retirement S ystem (“CalPERS ”) to be employed without reinstatement from retirement upon appointment by a public agency because the retired person has specialized skill needed in performing work of limited duration; and WHEREAS, the City desires to hire Employee as an at-will, part-time employee in order to provide extra help budgeting and accounting services for a limited duration of time; and WHEREAS, as a CalPERS retired annuitant under Government Code Sections 21224(a) and 7522.56(c), Employee possesses extensive professional experience in municipal finance and budgeting and therefore has specialized skills to perform services needed by the City under this Agreement; and
WHEREAS, pursuant to City of Richmond Municipal Code §2.0 4.020(2), the City Manager has the authority to appoint Employee as a part-time employee of the City; and WHEREAS, Employee acknowledges that employment pursuant to this Agreement is at- will and of a limited duration for a definite period of time, as described below; and WHEREAS, the P arties wish to establish t he terms and conditions of Employee’s services to the City, as described in this Agreement.
NOW, THEREFO RE, in consideratio n o f the mutual covenants contained herein, City and Employee hereby agree as follows:
AGREEMENT
Section 1: TERM
The term of this A greement shall commence on November 1 , 2022, and shall automatically terminate on November 1, 2023, unless terminated prior to this date by either Party (“Term”). Accordingly, the Term will in no event exceed the 960 -hour per fiscal year limit under Government Code Section 2122 4(a). Employee acknowledges he is an at -will, limited duration extra-help employee who may be terminated, with or without cause, a nd with or
01148.0004/762008.1 Page 2 of 5
without notice, at any time by the City Manager. November 1, 2022, shall be Employee’s “Hire Date” for purposes of this Agreement.
Section 2: DUTIES, RESPONSIBILITIES, AND WORK HOURS
A. Employee shall be appointed to perform extra help and special project budgeting and accounting work for a limited duration of time . Extra help work, which is in e xcess of what regular staff can do, will consist of the following tasks:
• Preparation of staff reports, and any City Council agenda packet as directed by the Police Chief’s office.
• Participation at recruitment strategy meetings.
• Training and transitioning existing and new management employees.
B. Employee acknowledges that City Hall is open Monday through Friday from 8:30 a.m. to 5:00 p.m., including a standard one hour lunch period . Employee shall work under t he direction of the City Manager and Police Chief. Subject to the Term as stated in Section 1 of this Agreement, Employee shall work the number of hours eac h week as directed and authorized by the Police Chief, provided that Employee shall not work more than forty (40) hours in a single week.
C. All data, st udies, reports, and other docu ments prepared and/or reviewed by Employee while per forming his duties during the Term of this Agreement shall be furnishe d to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specificati ons, p lans, procedures, drawings, descriptions, computer progr am data, input recor d data, written information, and other materials e ither created by or provided to Employee in connection with the performance of this Agreem ent shall be h eld confidential by Employee to the extent permitted by applicable law. Such mate rials, without the p rior written consent of the City Manager or designee, shall not be used by Employee for any purpose other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.
Section 3: COMPENSATION AND BENEFITS
A. The City agrees to compensate Employee at the hourly rate of Ninety-One dollars and th irty-three cents ($91.33), which is within hourly compensation range for the Project Manager III, the position which includes duties most comparable to those specific tasks that will be performed by Employee under this Agreement. The current hourly compensation range for the position of Project Manager III is $57.38 per hour to $91.33 per hour.
B. Employee shall not be eligible for any o ther benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.
Section 4: RESIGNATION/TERMINATION
01148.0004/762008.1 Page 3 of 5
A. Employee may resign at any ti me; provided, however, Employee shall reasonably provide the City manager with at least two (2) weeks advance written notice.
B. Employee is an at -will employee and serves at the will and pleasu re of the City Manager and may be terminated at any time, with or without cause, and with or without notice.
Notwithstanding the requirements of the Police Officers Bill of Rights, Government Code sections 3300 et seq., because Employee is being hired as a retired annuitant and his appointment is subject to the requirements of the Californ ia Public Employees Retirement Law ("PERL") and Public Employees' Pension Reform Act ("PEPRA"), Employee must be hired at -will in order to comply with these requirements.
C. After Notice o f Resigna tion or Termination, Employee shall cooperate with the City, as requested by the City, to effect a transition of Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.
D. Employee shall not be e ntitled to severance pay and Employee expressly waives any and all rights with respect to severance pay.
Section 5: NOTICES
Notices required to be ser ved pursuant to this Agreement shall be served in person or by first-class U.S. mail addressed as follows:
City
Shasa Curl, City Manager
City of Richmond_______
Employee
Louie Tirona
Address on file with the City
Section 6: GENERAL TERMS AND CONDITIONS
The general terms and conditions of this Agreement are described as follows:
A. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or om ission 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 outsi de the course and sco pe of Employee’s employment, or any other intenti onal or malicious conduct or gross negligence of Employee.
B. Entire Agreement . The text of this Agreement shall constitute th e entire and exclusive agreement between the Parties. All pri or oral or written co mmunications,
01148.0004/762008.1 Page 4 of 5
understandings, or agreements betwe en the Parties not set forth her ein shall be superseded in total by this Agreement. No amendment or modification to this Ag reement may be made except by a written agreement signed by the Employee and the City Manager.
C. Assignment. This Agreement is not assignable by either the City or Employee.
D. Severability. In the event any provi sion 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 part s found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.
E. Effect of Waiver . The f ailure of eithe r Party to insi st on strict complian ce with any of the terms, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that ter m, covenant, or condition, nor shall any waiver or relinq uishment 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 be governed by and construed in accordance with th e laws of the State of California, which are in fu ll force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Ventura County, California. Employee expressly waives any right to remove any such action from Ventura County.
G. 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 CalPERS Retirement Benefits . The City makes no representation on the impact, if any, th is Agreeme nt shall or may have upon his CalPERS retirement benefits, status, duties , and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any s uch representati ons (none of which being in existe nce) in assessing the CalPERS-related impact of his employment. Therefore, Employee releases the City from any and all CalPERS -related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.
I. No Unemp loyment Insu rance Benefits Receiv ed B y E mployee. Employee expressly certifies and warrants to the City that he has not received any unemployment insurance payments for retired annuitant work for any public employer wi thin the 12 months prior to his appointment date.
J. Compliance With 96 0 Ho urs Per Fis cal Year L imit. Employee further certifies and warrants to the City that his anticipated work schedule of 25 hours per week will not cause him to exceed the 960 hou rs pe r fi scal year limit pursuant t o Gover nment Code Section 21224(a), including work for any other CalPERS employer during the current fiscal year.
K. Conflicts Prohibited. During the term of this A greement, Employee shall not engage in any business or tr ansaction or maintain a financial i nterest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply wi th all requirements of law, including but not limited
01148.0004/762008.1 Page 5 of 5
to, Sections 1090, 1125, and 87100 et seq. of the Government Code, and all other simil ar statutory and administrative rules.
L. Independent Legal Advice. The City and Employee represent and warrant to each other that each ha d the opportunity to receive legal advice from independent and separate legal counsel with respect to th e legal effect o f 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 be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Richmond has caused this Agr eement to be signed and executed on its behalf by its City Manager, and executed by the Employee.
CITY OF RICHMOND,
Dated: ___________________________ __________________________________ _______________
City Manager
EMPLOYEE,
In signing this Agreement, Employee understands and agre es that he is an at-will, part- time employee and that his rights to employment wit h the City are governed by the terms and conditions of this Agreement rath er than the ordinances, resolutions, and policies of the C ity of Richmond which might otherwise apply to classified or other employees of the City. Employee further acknowledges tha t he was given the opportunity to consult with an attorney prior to signing this Agreement.
Dated: ___________________________ Signed: ____________________________ _______________
Employee