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CITY OF RICHMOND
PART-TIME, LIMITED DURATION EXTRA HELP/SPECIAL PROJECT
EMPLOYMENT AGREEMENT
This PART-TIME, LIMITED DURATION EXTRA HELP /SPECIAL PROJECT EMPLOYMENT AGREEMENT (“Agreement”) is made by and between the CITY OF RICHMOND (“City”) and DELMY CUELLAR (“Employee”). The City and Employee may be referred 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, as a CalPERS retired annuit ant 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 critically-needed by the City under this Agreement; and
WHEREAS, Employee recently retired from the position of Finance Director for t he City, with a retirement date of less than 180 -days prior to the commencement of employment pursuant to this Agreement; and
WHEREAS, pursuant to Cal. Government Code § 7522.56(f), a retired person shall not be employed as a retir ed annuitant for a period of 180 days following the date of retirement, unless he or she meets one of several exceptions, including that “[t]he employer certifies the nature of the employment and that the appointment is necessary to fil l a critically neede d position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting[;]” and
WHEREAS, concurrent with the approval of this Agree ment, the City Council adopted Resolution No. XX-XX, certify ing the nature of Employee’s employment and that the appointment is necessary to provide critically needed services in t he Finance Department before 180 days have passed since Employee’s retirement; and
WHEREAS, CalPERS requires in order “[t]o secure a 18 0-day wait period exception, the employer must submit the resolution -certification package and a copy of the retiree’s employment agreement or personnel appointment d ocument to CalPERS before the first day of employment[;]” and
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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 City desires to hire Employee as an at-will, part-time employee in order to provide critically needed special project or a limited duration of time; and WHEREAS, the P arties wish to estab lish the terms and conditions of Employee’s services to the City, as described in this Agreement.
NOW, THEREF ORE, 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 Agreement shall commence on May 22, 2023, and shall automatically terminate on May 21, 2024, unless termin ated prior to this date by eit her 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 she is an at -will, limited duration extra-help/special project employee who may be terminated, with or without cause, and with or without notice, at any time by the City Manager. May 22, 2023, 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/special project work critically needed by the City’s Finance Department to maintain basic operations for a limited duration of time. The special project work will consist of the following tasks:
Responding to a state audit.
Implementing new City-wide software that is used for a critical function in the Finance Department (Measure U).
Providing City financial information and analysis to be used in negotiations with two bargaining groups.
Beginning implementation of a class and comp study.
Initiating budget preparation for the upcoming fiscal year.
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 the direction of the City Manager and Deputy City Manager- Internal Services. Subject to the Term as stated in Section 1 of this Agreement, Employee shall work the number of hours each week as directed and authorized by the Deputy City Manager – Internal Services, anticipated to be 15-20 hours per week, provided that Employee shall not work more than forty (40) hours in a single week.
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C. All data, st udies, reports, and other docu ments prepared and/or reviewed by Employee while per forming her duties during the Term of this Agreement shall be furnishe d to and become the property of th e 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 cr eated 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 her 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-Five dollars and ninety cents ($95.90), 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 compens ation range for the position of Project Manager III is $60.24 per hour to $95.90 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
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.
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_______
City Manager’s Office
450 Civic Center Plaza, Ste 300
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Richmond, CA 94804
Employee
Delmy Cuellar
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 un der 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 t he Parties. All pri or oral or written co mmunications, 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 t he 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 either 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 Jurisdictio n. This Agreement shall be governed by and construed in accordance with th e laws of the State of Ca lifornia, 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 Contra Costa County, California. Employee expressly waives any right to remove any such action from Contra Costa County.
G. Effective Date. This Agreement shall not become effective until it has been signed by Employee and approved by the City Manager.
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H. Effect of Agreement on Employee’s CalPERS Retirement Benefits . The City makes n o representation on the impact, if any, th is Agreeme nt shall or may have upon her CalPERS retirement benefits, status, duties , and/or obligations. Employee acknowledges that in entering into this Agreement, she has not relied upon any s uch representations (none of which being in existe nce) in assessing the CalPERS-related impact of her employment. Therefore, Employee releases the City from any and all CalPERS -related claims or liabilities that may arise in connection with her employment pursuant to this Agreement.
I. Employee Certifications. Employee expressly certifies and warrants to the City that she has not received any unemployment insurance payments for retired annuitant work for any public employer within the 12 months prior to her appointment date. Employee certifies that she has reached “Normal Retirement Age ” as defined by CalPERS. Employee certifies that she did not receive a golden handshake or other employer incentive to retire.
J. Compliance With 96 0 Ho urs Per Fis cal Year L imit. Employee further c ertifies and warrants to the City that her anticipated work schedul e of 15-20 hours per week will not cause her to exceed the 960 hours per fi scal year limit pursuant to Go vernment 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 interest which conflicts, or reasonably might be expected to conflict, with the proper di scharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited 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 carefull y reviewed this entire Agreement , that each and every term th ereof 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: ___________________________ __________________________________ Shasa Curl, City Manager
EMPLOYEE,
In signing this Agreement, Employee understands and agre es that she is an at-will, part- time employee and that her rights to employment wit h the City are governed by the terms and conditions of this Agreement rath er than the ord inances, resolutions, and policies of the C ity of
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Richmond which might otherwise apply to classified or other employees of the City. Employee further acknowledges tha t she was given the opportun ity to consult wi th an attorney prior to signing this Agreement.
Dated: ___________________________ Signed: ___________________________ Delmy Cuellar, Employee