HomeMy WebLinkAboutReso 2024-052
CITY OF CHULA VISTA
AGREEMENT FOR TEMPORARY LIMITED-TERM EMPLOYMENT
(CalPERS Retiree)
THIS AGREEMENT is between the CITY OF CHULA VISTA (hereinafter referred to as
Lisa Rudloff
WHEREAS,
employmentissubjecttothelimitationsandrequirementssetforthinthisAgreementand
in the applicable law;and
WHEREAS, CITY has a need for an employee to perform duties of a Directorof Parks
and Recreationand to provide needed specialized skills related to necessary public
services, on a temporary part-time basis for a limited duration;and
WHEREAS, CITY has a need to appoint an employee to an interim position under the
provisions of Government Code sections 7522.56 and 21221(h); and
WHEREAS, Employee has specialized skills and is qualified to perform theservices
required by this Agreement;
NOW, THEREFORE, the parties do mutually agree as follows:
1.Scope of Services: Pursuant to this contract, Employee shall temporarily perform
for CITY certain duties of the Director of Parks and Recreationposition. Employee
shallperform said duties under the direct supervision of City Manager Maria
Kachadoorian or designee.
2.Compensation: Employee shall be compensated asfollows:
A.Hourly Rate of Pay: Employee shall be paid at the rate of $102.09per hour
range for the Director of Parks and Recreationposition. Payments will be made
on regularly scheduled CITY payroll dates. Employee will be responsible for
employees of CITY. Employee will receive no other payments, other than the
foregoing hourlyrate.
B.HoursperWeek:Thisemploymentisforpart-timeworkand,generally,
will not exceed 40 hours per week. CITY will assign Employee hours towork.
C.PaymentforWorkDoneinExcessof40HoursPerWeek:Thepositionisbeing
paidhourlyandthereforeisnotexemptfromFLSAovertimepayrequirements.
TheEmployeeshallbepaidatoneandone-halftimestheregularrateofpay
for any time worked in excess of 40 hours per week. Overtime work must be
pre-approved by the Director of Human Resources.
D.Work less than 960 hours per fiscal year: Employee is permitted to work a
combined maximum of 960 hours per fiscal year for all agencies that contract
with CalPERS. Employee has represented that he has not performed any work
for another CalPERS agency and will not do so during his employment with
CITY, and therefore Employee will be permitted to work up to 960 hours this
fiscal year. CITY retains the right to reduce, change, or amend the number of
annual hours are approaching 960, then CITY retains the right to summarily
suspend Employee's duties under this Agreement and to reassign any
scheduled hours or to terminate this Agreement, as needed, to ensure that
Employee does not exceed the maximum hours allowedby thisAgreement.
3.EmploymentStatus:
A.Benefits: Employee understands and agrees that Employee is not, and will not
be, eligible to receive any benefits from CITY, including any CITY group plan
forhospital,surgical,ormedicalinsurance,anyCITYretirementprogram, or
any paid holidays, vacation, sick leave, or other leave, with or without pay, or
any other job benefits available to an employee in the regular service of CITY,
exceptforCompensationInsurancecoverage,orasotherwise
required bylaw.
B.No Property Right in Employment: Employee understands and agrees that the
terms of this employment are governed only by this Agreement and that no
right of regular employment for any specific term is created by this Agreement.
Employee further understands that Employee acquires no property interest in
as defined by the laws of the State of California (meaning that the employment
can be terminated at any time for any reason or for no reason), and that
Employee is not entitled to any pre-or post-deprivation administrative hearing
or other due process upon termination or any disciplinaryaction.
C.Employment of a Retiree: Employee understands that CalPERS retired
annuitants may be employed by a CalPERS public agency employer, by
temporary appointment for a limited duration to a position not to exceed 960
hoursinanyfiscalyearforallsuchemployers;either(1)duringanemergency
to prevent stoppage of public business or (2) because the retired employee
has skills needed in performing the work of limited duration. In the event
Employee is providing service to any other CalPERS public agency employer
during the term of this Agreement, Employee must notify CITY of such
employmentanddiscloseonaperiodicbasis,notlessfrequentlythanmonthly,
the number of hours Employee is performing for that other public agency to
ensure that the maximum number of hours is not exceeded. Retired annuitants
also cannot have received unemployment insurance paymentsin the prior 12-
month period arising from work performed as a retiree for any public employer.
Additionally, for retired annuitants with a retirement effective date on or after
January 1, 2013, the appointment must occur at least 180 days following the
date of retirement unless the employer certifies that the appointment is
necessary to fill a critically needed position before 180 days have expired and the
governing body approves the appointment in a public meeting.
4.Representations of Employee: Employee represents that Employee is properly
trained and certified to perform the duties required under this Agreement.
Employee also represents he has not received unemployment insurance payments
intheprior12-monthperiodarisingfromworkperformedasaretireefor any public
employer.
5.Term of Agreement: This Agreement shall commence on April 5, 2024and shall
automatically terminate by no later than on January 4, 2025or upon completion
of the Director of Parks and Recreationrecruitment, whicheverissooner.
Employment is temporary, at-will and may be terminated with or without cause
and with or without notice at any time by Employee orCITY.
6.Non-Assignment of Agreement: This Agreement is intended to secure the
individualservicesofEmployeeandisnotassignableortransferablebyEmployee
to any thirdparty.
7.Governing Law/Venue: This Agreement shall be interpreted according to the laws
of the State of California. Venue for any action or proceeding regarding this
contract shall be in San Diego County.
8.Enforceability: If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in
no way be affected, impaired or invalidatedthereby.
9.Conflict of Interest: Employee agrees that during the term of this Agreement,
Employee will not maintain any financial interest or engage in any other contract
employment,occupation,work,endeavororassociation,whethercompensatedfor
the duties described in this Agreement. Any work performed for CITY outside the
terms of this Agreement must be approved in advance in writing by the City
Manager. Employee agrees to disclose whether Employee is performing workfor
any other CalPERS public agency employer as required by section 3.C. of this
Agreement.
10.Entire Agreement and Modification: This Agreement constitutes the entire
understanding of the parties hereto. This Agreement supersedes any previous
contracts, agreements, negotiations or understandings, whether written or oral,
between the parties. Employee shall be entitled to no other compensation or
benefitsthanthosespecifiedherein,andEmployeeacknowledgesthatno
representation, inducements or promises not contained in this Agreement have
been made to Employee to induce Employee to enter into this Agreement.
Nochanges,amendments,oralterationsheretoshallbeeffectiveunlessinwriting
andsignedbybothparties.Employeeunderstandsthatnooralmodificationofthis
Agreement made by any officer, agent, or employee of CITY is effective. Employee
specifically acknowledges that in entering into and executing this Agreement,
Employee relies solely upon the provisions contained herein and no others.
Acknowledgment:
I,Lisa Rudloff, agree to this Temporary Limited-Term Employment Agreement (CalPERS
Retiree), and hereby warrant that I understand and agree with all of the terms and
conditions of employment as set forth in this Agreement. Further, I hereby certify to the
City of Chula Vista that I have not received unemployment insurance payments within the
past 12 months arising from work performed as a retiree for any public employer.
BYEMPLOYEE:
Lisa RudloffDate
BY CITY:
Maria KachadoorianDate
City Manager
APPROVED AS TO FORM:
Jill D.S. MalandDate
Acting CityAttorney