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HomeMy WebLinkAboutCC AG PKT 2008-04-21 #B AGENDA STAFF REPORT . DATE: April 21, 2008 TO: Honorable Mayor and City Council David Carmany, City Manager THRU: FROM: June Yotsuya, Assistant City Manager SUBJECT: Approval of Professional Services Agreement for Interim Assistant City Manager SUMMARY OF REQUEST: City Council to approve a professional services agreement with Patrick Importuna to perform the services of Interim Assistant City Manager until such time the City appoints a new Assistant City Manager. BACKGROUND: . After seven years with the City, the current Assistant City Manager has accepted a new position as City Manager for another community. Her last day will be April 25, 2008. The City will be opening a recruitment to fill the vacancy. In the interim, the City desires to retain the services of Patrick Importuna. A retired City Manager, Mr. Importuna has many years of experience in municipal administration and is well suited to serve as the City's Interim Assistant City Manager. Municipal Code Section 3.20.025 (C) "Purchases Exempt from Bidding Requirements" exempts professional serVices from the City's normal bidding requirements. Per the attached agreement, Mr. Importuna will be compensated at a monthly rate of $12,500.00 and will be reimbursed for actual and necessary expenses incurred in the performance of his official duties for the City. He will be working with the City Manager to fulfill ~he duties of the Assistant City Manager that include general administration, risk management, property management, contract administration, recreation and community services, telecommunications, special projects and other municipal related activities. FINANCIAL IMPACT: . The City agrees to pay Mr. Importuna at a monthly rate of $12,500.00 plus actual and necessary expense reimbursements. Expenses will be expended from the City Manager Full-Time Salaries Account 001-011-40001. Agenda Item .6' Page 2 . RECOMMENDATION: Staff recommends that City Council approve Resolution Number authorizing the City Manager to execute the Professional Services Agreement with Patrick Importuna. SUBMITTED BY: ~J NOTED AND APPROVED: une Yotsuya, Assistant City Manager ~o David Carmany, City Manager Attachments: A. Proposed Agreement B. Resolution Approving Agreement . . . . . EMPLOYMENT AGREEMENT FOR INTERIM EMPLOYEE between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 and Patrick P. Importuna 7445 Bermuda Island Street Las Vegas, NV 89123 This EMPLOYMENT AGREEMENT ("Agreement") is made and entered into this 21st day of April 2008, by and between the CITY OF SEAL BEACH, a charter city ("City"), and PATRICK P.IMPORTUNA, an individual ("Employee"). RECITALS WHEREAS, City desires to employ a person to serve on an interim basis in the po~ition of Interim Assistant City Manager; and WHEREAS, Employee has served as a City Manager prior to his retirement, and is fully familiar with proper administration of all affairs of a city. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: AGREEMENT 1.0 DUTIES. Employee shall perform the functions and duties for Assistant City Manager specified in City's Municipal Code and Personnel Rules and Regulations and to perform such other legally permissible and proper duties and functions as City Manager shall, from time to time, direct or assign (collectively "Services"). 1 . . . 2.0 TERM & TERMINATION 2.1 Commencement. Employee shall commence Services on April 28, 2008. 2.2 EmDlovment Status. Employee is an "at-willI! temporary employee serving at the pleasure of the City Manager. 2.3 Limitation on Termination. City shall not terminate the employment of Employee or this Agreement prior to July 25, 2008. 2.4 EXDiration Date. Unless extended by an amendment to this Agreement or earlier terminated pursuant to ~2.5, this Agreement shall expire on October 24, 2008. 2.5 Termination. Except as provided in ~ 2.3, either party may terminate this Agreement at any time, with or without cause, upon 14 days advance written notice to the other party. Either party may accept less notice. 3.0 SALARY & BENEFITS 3.1 Monthlv ComDensation. City shall pay Employee for Services rendered a monthly salary of $12,500.00. Employee's salary shall be subject to withholding and other applicable taxes, and shall be payable to Employee at the same time as other employees of City are paid. Employee shall be exempt from the overtime pay provisions of California and federal law. 3.2 Benefits. With the exception of FICA and Medicare coverage, Employee is not entitled to any City benefits, including, but not limited to, medical benefits, vision benefits, dental benefits, vacation or sick leave accruals, or any other benefits afforded City employees. 3.3 Holidavs. Employee is entitled to the holidays generally available to other exempt employees of City. 4.0 EXPENSES. CITY will reimburse Employee for actual and necessary expenses incurred in the performance of his official duties that are supported by expense receipts in accordance with AB 1234 and any applicable City resolutions, rules, policies or procedures. 5.0 ATTENDANCE AT MEETINGS. City will reimburse Employee for all expenses associated with his participation in meetings for regional and Orange County associations and organizations approved by the City Manager. 6.0 B'ONDING. City shall bear the full cost of any fidelity or other bonds required of the Employee by the City Manager or as required under any law or ordinance. 2 . . . 7.0 AMENDMENT. This Agreement may be amended only with an amendment signed by City Manager and Employee. 8.0 NO REDUCTION IN SALARY. City shall not reduce Employee's salary without Employee's consent. 9.0 MUTUAL INDEMNITY. 9.1. City Indemnitv. City will indemnify, defend, and hold harmless Employee from and against any and all claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm arises out of or is in any way caused by the acts, omissions, negligence or misconduct of City, its officials, officers, agents or other Employees. In connection with Employee's performance of the Services, and while Employee is acting within the course and scope of this Agreement, the parties intend for Employee to be entitled to the immunities and privileges set forth in the Government Tort Claims Act (California Government Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. 9.2. EmDlovee Indemnitv. Employee will indemnify, defend, and hold harmless City, its elected and appointed officials, officers, agents and Employees against any claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm arises out of or is in any way caused by the negligent acts, negligent omissions or misconduct of Employee. 9.3 Survival. The provisions of this Mutual Indemnity clause (Section 9) shall survive the termination or expiration of this agreement. 10.0 INTEGRATION OF AGREEMENT. This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee's employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party. 11.0 GENERAL PROVISIONS. 11.1 If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to 3 . . . particular circumstances, it shall nevertheless remain in full force and effed in all other circumstances. 11.2 This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California, the City Charter and all applicable City Codes, Ordinances and Resolutions. IN WITNESS WHEREOF, the CITY OF SEAL BEACH has caused this Agreement to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, both in duplicate. CITY OF SEAL BEACH EMPLOYEE p~- -:.. David N. Carmany City Manager Dated: Dated: 9' .... /4 -per' ATTEST: APPROVED AS TO FORM: City Clerk City Attomey [END OF SIGNATURES] 4 RESOLUTION NUMBER 5715 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CAl.IFORNIA APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND PATRICK IMPORTUNA The City Council of the City of Seal Beach hereby resolves as follows: Section 1. The City Council hereby approves the Professional Services Agreement between City of Seal Beach and Patrick Importuna for city management related services. Section 2. The Council hereby directs the City Manager to execute the Agreement with Patrick Importuna. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 21st day of Acril . 2008 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members . Mayor ATTEST: City Clerk STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 21 st day of Acrll . 2008. City Clerk .