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2000 - Retired Annuitant Employment Agreement - Colleen Ishibashi RETIRED ANNUITANT EMPLOYMENT AGREEMENT FOR THE TEMPORARY POSITION OF FINANCE MENTOR CITY OF ROSEMEAD This Retired Annuitant Employment Agreement ("AGREEMENT") is made and entered into by and between the CITY OF ROSEMEAD, a Municipal Corporation of the State of California ("CITY"), and Colleen Ishibashi ("Ishibashi"), an individual, on the following terms and conditions: RECITALS A. CITY recently hired the Finance Manager that is supervised and trained by the Finance Director; B. The CITY Finance Director also recently resigned; C. The CITY needs extra help in the Finance Department to train and mentor the Finance Manager while the City recruits to permanently fill the vacant position of Finance Director; D. ISHIBASHI retired from the City of Rosemead in June 2019. ISHIBASHI retired in the position of Finance Supervisor in the Finance Department and worked for the City for 21 years and is uniquely qualified and has the requisite specialized skills, training and experience to serve as TEMPORARY FINANCE MENTOR for CITY; E. CITY desires to employ the specialized services of ISHIBASHI as TEMPORARY FINANCE MENTOR for CITY in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT; F. ISHIBASHI desires to accept temporary employment as TEMPORARY FINANCE MENTOR in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT; G. ISHIBASHI represents that she is a retired annuitant of the California Public Employees' Retirement System ("Ca1PERS") within the meaning of Government Code § 21224 as of the effective date of this AGREEMENT. ISHIBASHI represents that she retired from the Ca1PERS system at least 180 days prior to the effective date of this agreement. ISHIBASHI acknowledges that she is restricted to working no more than a combined 960 hours for CITY, a state agency, or other Ca1PERS contracting agencies (collectively "Ca1PERS Agencies") during CITY's 2019-2020 fiscal year, or for any additional or subsequent fiscal year, and that her compensation is statutorily limited as provided in Government Code § 21221(h). ISHIBASHI represents that she has not received any unemployment compensation from any Ca1PERS Agencies during the 12-month period preceding the effective date of this AGREEMENT, that she has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that she has attained normal retirement age within the meaning of Government Code § 21220.5; OPERATIVE PROVISIONS 1 THEREFORE, in consideration of the above recitals and promises and conditions contained herein, CITY and ISHIBASHI mutually agree as follows: 1. Position and Duties. 1.1 Position. ISHIBASHI accepts temporary employment with CITY as TEMPORARY FINANCE MENTOR and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this AGREEMENT. ISHIBASHI shall provide service at the direction and under the supervision of the City Manager. It is the intent of the parties that ISHIBASHI, as the TEMPORARY FINANCE MENTOR, shall keep the City Manager fully apprised. Toward that end, ISHIBASHI shall report directly to the City Manager and will periodically, or as may be otherwise specifically requested by the City Manager, provide status reports to the City Manager on her activities and those of CITY. ISHIBASHI may be evaluated by the City Manager. 1.2 Term. This AGREEMENT commences and is effective on January 6, 2020 ("COMMENCEMENT DATE") and after being executed both'by ISHIBASHI and CITY's City Manager. Subject to the provisions set forth in Section 3 [Termination], ISHIBASHI shall be employed in the position of TEMPORARY FINANCE MENTOR for a term commencing on the COMMENCEMENT DATE. This AGREEMENT shall expire as of the first of the following to occur: (i) 6:00 p.m. on July 6th, 2020, (ii) upon ISHIBASHI working her 960th hour for CITY in any fiscal year, including hours worked for other Ca1PERS Agencies during such fiscal year; or (iii) upon termination of the AGREEMENT by either ISHIBASHI or CITY as provided in Section 3 [Termination] of this AGREEMENT. 1.3 At-Will. ISHIBASHI acknowledges that she is an at-will employee of CITY who shall serve at the pleasure of the City at all times during the period of her service hereunder and that her employment may be terminated at any time for any or no reason with or without cause as provided in Section 3 [Termination] of this AGREEMENT and/or by operation of California or federal law. Nothing in this AGREEMENT is intended to, or does, confer upon ISHIBASHI any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by CITY to terminate her employment, except as is expressly provided in Section 3 [Termination] of this AGREEMENT and/or by operation of California or federal law. Nothing contained in this AGREEMENT shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of ISHIBASHI as provided in Section 3 [Termination]. Nothing in the AGREEMENT shall prevent, limit or otherwise interfere with the right of ISHIBASHI to resign at any time from the position with CITY, subject only to the provisions set forth in Section 3 [Termination] of this AGREEMENT. The terms of the CITY's personnel rules, policies, procedures, ordinances, resolutions, or Municipal Code (collectively "PERSONNEL POLICIES") shall not apply to ISHIBASHI to the extent such PERSONNEL POLICIES conflict with this AGREEMENT. 1.4 Duties. ISHIBASHI agrees to provide the follow services: Under the administrative direction of the City Manager ISHIBASHI will provide Finance Mentoring services to the City's Finance Manager on an as-needed basis. ISHIBASHI will also perform all other legally permissible and proper duties and functions consistent with the City of Rosemead 2 Finance Department, including those set forth in the Rosemead Municipal Code, the Personnel Rules and Regulations, and as the City Manager shall from time to time assign. 1.5 Hours of Work. ISHIBASHI shall devote the time necessary to adequately perform her duties as TEMPORARY FINANCE MENTOR. The parties anticipate that ISHIBASHI will work up to 20-25 hours per week during regular City Hall business hours. However, in no event shall ISHIBASHI be required or permitted to work in excess of 960 hours per fiscal year for CITY as an TEMPORARY FINANCE MENTOR, including hours worked for -- other Ca1PERS Agencies during such fiscal years. 1.6 Other Activity. In accordance with Government Code Section 1126, during the period of her employment, ISHIBASHI shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]), whether or not for pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of ISHIBASHI's duties as TEMPORARY FINANCE MENTOR. 1.7 Reimbursement. CITY shall reimburse ISHIBASHI for reasonable and necessary travel, subsistence and other business expenses incurred by ISHIBASHI in the performance of her duties. All reimbursements shall be subject to and in accordance with California and federal law and CITY's policies regarding reimbursement. 2. Compensation. 2.1 Rate of Pay. For all services performed by ISHIBASHI as the TEMPORARY FINANCE MENTOR under this AGREEMENT, CITY shall pay ISHIBASHI compensation at the rate of($51.26) per hour. Such compensation shall be payable according to the scheduled paydays for CITY personnel. 2.1.1 Compliance with Ca1PERS Requirements. It is the intent of the parties to compensate ISHIBASHI only to the extent permitted under Government Code § 21221(h) and corresponding Ca1PERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by Ca1PERS. The monthly base salary for the position of Finance Manager which has comparable duties to the Temporary Finance Mentor, as listed on a publicly available pay schedule is a minimum of$8,033 and a maximum of$9,737. The Rate of Pay is calculated by taking a monthly base salary of$8,885 and multiplying it by 12 and dividing it by 2080 to equal an hourly rate of$51.26 2.1.2 Recordation and Reporting of Hours Worked. ISHIBASHI will comply with all applicable Ca1PERS rules and regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to Ca1PERS as may be required. CITY shall assist in any such reporting obligation to Ca1PERS. Additionally, ISHIBASHI shall keep CITY continually informed of any hours worked by ISHIBASHI for other Ca1PERS Agencies during the term of this Agreement. 3 2.2 Benefits. Pursuant to Government Code § 21224 and related Ca1PERS regulations and policy statements, ISHIBASHI shall not receive from CITY any benefits CITY commonly provides to its employees including, without limitation, medical, dental, vision, long term disability, life insurance, deferred compensation, or any paid personal time off such as vacation, sick leave, administrative leave, paid holidays or similar leave benefits. 3. Termination. 3.1 By City. CITY may terminate ISHIBASHI for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing ISHIBASHI with written notice thereof by the CITY's City Manager. CITY's only obligation in the event of such termination will be payment to ISHIBASHI of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. 3.2 By Employee. ISHIBASHI may terminate her employment for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing City Council with thirty (30) days advance written notice. CITY shall have the option, in its complete discretion, to make ISHIBASHI's termination effective at any time prior to the end of such period, provided CITY pays ISHIBASHI all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing her through the last day actually worked. ISHIBASHI shall not be entitled to any severance under the AGREEMENT. It is understood and agreed that any notice of termination should be given as soon as practicable and in the best interest of the CITY. 3.3 No Notice for Expiration. Nothing in Section 3 [Termination] shall be construed to require either ISHIBASHI or CITY to give advance written notice in order for the AGREEMENT to expire as set forth in Section 1.2 [Term]. 3.4 Effect of Conviction on Termination. If ISHIBASHI is convicted of a crime involving an abuse of her office or position, as defined in Government Code section 53243.4, the following restrictions will apply: (i) any paid leave given to ISHIBASHI pending an investigation shall be fully reimbursed to CITY, (ii) any funds expended by CITY for the legal criminal defense of ISHIBASHI shall be fully reimbursed to CITY, (iii) any cash settlement paid to ISHIBASHI shall be fully reimbursed. Upon conviction of a covered felony under Government Code sections 7522.72 or 7522.74, ISHIBASHI may forfeit the benefits in accordance with those sections. 3.5 Benefits Upon Termination. All benefits to which ISHIBASHI is entitled under this AGREEMENT shall cease upon the termination of ISHIBASHI's employment, unless expressly continued either under this AGREEMENT, under any specific written policy or benefit plan applicable to ISHIBASHI, or unless otherwise required by law. 3.6 Termination Obligations. ISHIBASHI agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to her employment belongs to CITY and shall be returned promptly to CITY upon termination of ISHIBASHI's employment. ISHIBASHI's obligations under this subsection shall survive the termination of her employment and the expiration of this AGREEMENT. 4 4. Proprietary Information. "Proprietary Information" is all non-public information pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, confidential financial data and formulae, attorney client-privileged information, confidential licensing information, software and other computer programs, copyrightable material, and other information exempt from production under the California Public Records Act and or the Federal Freedom of Information Act. All Proprietary Information not generally known outside of CITY's organization, and all Proprietary Information so known only through improper means, shall be deemed"Confidential Information."During her employment by CITY, ISHIBASHI shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform her job responsibilities under this AGREEMENT. Following termination, ISHIBASHI shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. ISHIBASHI's obligations under this Section shall survive the termination of her employment and the expiration of this AGREEMENT. A disclosure of Proprietary Information or Confidential Information by ISHIBASHI in response to an order by a court of competent jurisdiction or in response to a subpoena by a Grand Jury or any state, federal or local law enforcement agency shall not be deemed a breach of this AGREEMENT. 5. Conflict Of Interest. ISHIBASHI represents and warrants to CITY that, to the best of her knowledge, she presently has no interest, and represents that she will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of her services under this AGREEMENT. 6. General Provisions. 6.1 Recitals. The recitals, inclusive of all facts and representation, are incorporated into this AGREEMENT as if set forth in the Operative Provisions. 6.2 Notices. All notices, requests, demands and other communications under this AGREEMENT shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and/or to the last known address maintained in ISHIBASHI's personnel file. ISHIBASHI agrees to notify CITY in writing of any change in her address during her employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. CITY's Notice Address: City of Rosemead City Hall,Attn: City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 5 ISHIBASHI's Notice Address: [Deliver to last updated address in personnel file] 6.3 Indemnification. In accordance with and to the extent provided by California's Tort Claims Act (Government Code Section 825 et seq.) and Government Code Section 995- 996.6, CITY shall defend and indemnify ISHIBASHI against and for all losses sustained by ISHIBASHI arising out of an act or omission occurring within the scope of her employment under this AGREEMENT. 6.4 Merger, Integration and Modification. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of ISHIBASHI's employment by CITY under this AGREEMENT. This AGREEMENT supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of ISHIBASHI, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to ISHIBASHI and are inconsistent with the terms of this AGREEMENT, the provisions of this AGREEMENT shall control. This AGREEMENT may be modified only in a writing approved by the City Manager and signed by all the parties. 6.5 Waiver. Either party's failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition, or covenant hereof. 6.6 Assignment. Neither this AGREEMENT, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 6.7 Severability. In the event any portion of this AGREEMENT is declared void, such portion shall be severed from this AGREEMENT and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this AGREEMENT or the obligations of the parties, in which case this AGREEMENT shall be immediately terminated. 6.8 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 6.9 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and any action in connection with or arising out of this AGREEMENT or any dispute between the parties shall be commenced and maintained in the Superior Court of the State of California for the County of Los Angeles or the United States District Court for the Central District of California. 6.10 Interpretation. This AGREEMENT shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in 6 limitation, this AGREEMENT shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this AGREEMENT. Captions are used for reference purposes only and should be ignored in the interpretation of the AGREEMENT. This AGREEMENT may be altered, amended or modified only by an instrument in writing, executed by the parties to this AGREEMENT and by no other means. Each party waives their future right to claim, contest or assert that this AGREEMENT was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 6.11 Binding Effect. The rights and obligations of this AGREEMENT shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This AGREEMENT may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 6.12 Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this AGREEMENT and the intent of the parties to this AGREEMENT. 6.13 Acknowledgment. ISHIBASHI acknowledges that she has had the opportunity to consult legal counsel in regard to this AGREEMENT, that she has read and understands this AGREEMENT, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this AGREEMENT. 7 IN WITNESS WHEREOF, CITY and ISHIBASHI has signed and executed this AGREEMENT. DATED: I ICI \202(_ CITY: 66.9A 1 VOU-dCft Gloria Molleda, City Manager DATED: /-A3-i,')c ISHIBASHI: COLLEEN ISHIBASHI ATTEST: APPROVED AS TO FORM: 41(/(1 agiitglj E a Hernandez, City Clerk Rachel Richman, City Attorney 8