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2000 - Retired Annuitant Employment Agreement for Interim City Engineer - Albert LeungRESOLUTION NO. 2024-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE SECOND AMENDMENT TO THE INTERIM CITY ENGINEER'S RETIRED ANNUITANT EMPLOYMENT AGREEMENT TO TEMPORARILY APPOINT ALBERT LEUNG AS ACTING PUBLIC WORKS DIRECTOR FROM THE PERIOD OF AUGUST 12th, 2024 THROUGH OCTOBER 27th, 2024 WHEREAS, the City and Albert Leung entered into a Retired Annuitant Employment Agreement on November 14, 2023, and now wish to amend the Employment Agreement to retroactively appoint Albert Leung as Acting Public Works Director from the period of August 12th, 2024 through October 27th, 2024; WHEREAS, the City Council is authorized to approve amendments to the Retired Annuitant Employment Agreement; WHEREAS, Section 6.11 of the Employment Agreement requires any amendment be in writing and signed by the parties; WHEREAS, the employment shall be limited to 960 hours per fiscal year; WHEREAS, Albert Leung is a retired annuitant as further detailed in the Amended Retired Annuitant Employment Agreement attached hereto as Exhibit A; WHEREAS, the Rosemead City Council hereby amends Albert Leung's appointment as an interim retired annuitant back to the position of Interim City Engineer for the City of Rosemead, effective October 28th, 2024 through June 30, 2025, as detailed in the Amended Retired Annuitant Employment Agreement attached hereto as Exhibit A; WHEREAS, the current status of this recruitment is that the job opening for the permanent City Engineer position and Public Works Director has been publicly posted, applications are being accepted and candidates are being reviewed; WHEREAS, the entire Amended Retired Annuitant Employment Agreement between Albert Leung and the City of Rosemead has been reviewed by this body and is attached hereto as Exhibit A; WHEREAS, no matters, issues, terms, or conditions related to this employment and extended appointment have been or will be placed on a consent calendar; WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; WHEREAS, the maximum base salary for the position of Public Works Director as listed on a publicly available pay schedule is $18,601 per month and the hourly equivalent is $107.3160, and the minimum base salary for this position is $14,309 per month, and the hourly equivalent is $82.5508; WHEREAS, the hourly rate paid to Albert Leung will be $ 97.5577 per hour during his temporary appointment of Acting Public Works Director from the period of August 12`h, 2024 through October 27, 2024; and WHEREAS, the maximum base salary for the position of City Engineer as listed on a publicly available pay schedule is $13,318 per month and the hourly equivalent is $76.8346, and the minimum base salary for this position is $10,206 per month, and the hourly equivalent is $58.8808; WHEREAS, the hourly rate paid to Albert Leung will be $ 76.8346 per hour when he returns to his Interim City Engineer appointment on October 28h, 2024 through June 30, 2025. The hourly rate will be adjusted to be consistent with the top -step rate should there be an adjustment during his service; and WHEREAS, Albert Leung has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other forms of compensation in addition to this hourly pay rate as so provided in Government Code § 21221(h) and related Ca1PERS regulations and policy statements. NOW, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. The extended appointment of Albert Leung as described herein is necessary to fill the critically needed position of City Engineer and Public Works Director, because the City has been unable to fill the permanent positions for various reasons. 2. The Second Amendment to the Retired Annuitant Employment Agreement for the Position of Acting Public Works Director attached hereto in Exhibit A is hereby approved. 3. The Second Amendment to the Retired Annuitant Employment Agreement for the Position of Interim City Engineer attached hereto in Exhibit A is hereby approved. 4. The City Clerk shall certify the adoption of this resolution, and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED, this 12'' day of November, 2024. APPROVED AS TO FORM: R chel chman, City Attorney even Ly, Mayor ATTEST Ericka Hernandez, Cityfiylvrle '� = STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-59, was duly adopted by the City Council of the City of Rosemead, California, at a special meeting thereof held on the 12`h day of November, 2024, by the following vote, to wit: AYh8:" - ARMENTA, CLARK, DANG, LY NOES: NONE ABSENT: -tow ABSTAIN: NONE Ericka Hernandez, City Clerk- _ EXHIBIT A SECOND AMENDMENT AGREEMENT SECOND AMENDMENT TO RETIRED ANNUITANT EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ENGINEER BETWEEN THE CITY OF ROSEMEAD AND ALBERT LEUNG AMENDMENT NO.2 This Second Amendment (the "First Amendment") is made and entered into effective November 12, 2024, by and between the City of Rosemead, California, a municipal corporation (the "CITY") and Albert Leung ("LEUNG"), an individual. The CITY and LEUNG may be referred to individually as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into a Retired Annuitant Employment Agreement (the "Agreement") on November 14, 2023; B. Since May 2023, the CITY has had opened recruitments for the permanent position of City Engineer. Currently, the position remains vacant. It is the City's opinion that the vacancy is due to difficulty in recruiting the right candidate to serve as the City Engineer; C. The CITY continues to need help in the Public Works Department to train and mentor the staff, run operations and work on developing projects, and to provide the required legal and administrative functions while the CITY recruits to permanently fill the vacation position of City Engineer; D. LEUNG brings over 30 years of professional experience in planning, design, and construction of Capital Improvement Program management. This extensive background includes 29 years as the Deputy Director of Facilities at Los Angeles Unified School District, where he oversaw infrastructure programs totaling 1.2 billion in construction costs. LEUNG is qualified and has the requisite specialized skills, training, and experience to continue to serve as Interim City Engineer for the CITY; E. CITY desires to continue to employ the specialized services of LEUNG as Interim City Engineer for CITY in consideration of and subject to the terms, conditions, and benefits set forth in the Agreement, as amended, and State Law; F. LEUNG desires to continue his Retired Annuitant employment as Interim City Engineer in consideration of and subject to the terms, conditions, and benefits set forth in the Agreement, as amended, and State Law; and G. The Parties now desire to amend the Agreement to reflect the extension of LEUNG's term of Retired Annuitant employment as Interim City Engineer at the top of the City Engineer's monthly salary range as approved by the City Council. In addition, the hourly rate shall be adjusted to be consistent with the top -step hourly rate should the rate is adjusted during his service. OPERATIVE PROVISIONS 1. AMENDMENTS a. Recital H of the Agreement is hereby amended to read as follows LEUNG represents that he is a retired annuitant of the California Public Employees' Retirement System ("CaIPERS") within the meaning of Government Code § 21221(h) as of the effective date of this AGREEMENT. LEUNG represents that he retired from the CaIPERS system at least 180 days prior to the effective date of this agreement. LEUNG acknowledges that he is restricted to working no more than a combined 960 hours for CITY, a state agency, or other CaIPERS contracting agencies (collectively "CaIPERS Agencies") during any fiscal year. LEUNG represents that he has not received any unemployment compensation from any Ca1PERS Agencies during the 12 -month period preceding the effective date of this AGREEMENT, that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that he has attained normal retirement age within the meaning of Government Code § 21220.5. b. Section 1.2 of the Agreement is hereby amended to read as follows: Term. This AGREEMENT commences and is effective on June 27, 2024, ("COMMENCEMENT DATE") after being approved by the CITY Council and executed by LEUNG and CITY'S City Manager. Subject to the provisions set forth in Section 3 [Termination], LEUNG shall be employed in the position of Interim CITY ENGINEER for a term commencing on the COMMENCEMENT DATE. Additionally, LEUNG shall be temporarily appointed as Acting Public Works Director for the period of August 12, 2024, through October 27, 2024. This AGREEMENT shall expire as of the first of the following to occur: (i) 6:00 p.m. on June 30, 2025, (ii) upon LEUNG working the maximum number of hours allowed by Ca1PERS in a fiscal year; or (iii) upon the termination of the AGREEMENT by either LEUNG or CITY as provided in Section 3 [Termination] of this AGREEMENT. C. Section 2.1 of the Agreement is hereby amended to read as follows: Rate of Pay. For all services performed by LEUNG as the Interim CITY ENGINEER under this AGREEMENT, CITY shall pay LEUNG compensation at the maximum salary range, which is currently Seventy -Six dollars and Eighty -Three cents ($ 76.8346) per hour. The hourly rate shall be adjusted to be consistent with the top -step hourly rate should there be an adjustment during his service under the terms of this Agreement. Such compensation shall be payable according to the scheduled paydays for CITY personnel. For all services performed by LEUNG as the ACTING PUBLIC WORKS DIRECTOR under this AGREEMENT, CITY shall pay LEUNG compensation at the rate of Ninety -Seven dollars and Fifty -Five cents ($ 97.5577) per hour. d. Section 2.2 of the Agreement is hereby amended to read as follows: Compliance with CaIPERS Requirements. It is the intent of the parties to compensate LEUNG 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 City Engineer as listed on a publicly available pay schedule is a minimum of $13,318 per month and the hourly equivalent is $76.8346, and the minimum base salary for this position is $10,206 per month, and the hourly equivalent is $58.8808. The hourly rate shall be adjusted to be consistent with the Mid Management's cost -of -living adjustment for FY 2024-25. The maximum base salary for the position of Public Works Director as listed on a publicly available pay schedule is $18,601 per month and the hourly equivalent is $107.3160, and the minimum base salary for this position is $14,309 per month, and the hourly equivalent is $82.5508. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 4. EFFECTIVE DATE This Second Amendment shall become retroactively effective on the date the City Council has formally approved it. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date indicated above. CITY OF ROSEMEAD A Municipal Corporation M ME - Steven Ly Mayor APPRAS TO RM: By Rachel H. Richman City Attorney ALBERT LEUNG An Individual war . Albert Leung Interim City Engineer ATTEST: ` isicica Hernandez _ pity Clerk ALBERT LEUNG An Individual war . Albert Leung Interim City Engineer FIRST AMENDMENT TO RETIRED ANNUITANT EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ENGINEER BETWEEN THE CITY OF ROSEMEAD AND ALBERT LEUNG AMENDMENT NO. 1 This First Amendment (the "First Amendment") is made and entered into effective June 27, 2024, by and between the City of Rosemead, California, a municipal corporation (the "CITY") and Albert Leung ("LEUNG"), an individual. The CITY and LEUNG may be referred to individually as a "Party" and collectivelv as "Parties." RECITALS A. The Parties entered into a Retired Annuitant Employment Agreement (the "Agreement") on November 14, 2023; B. Since May 2023, the CITY has had opened recruitments for the permanent position of City Engineer. Currently, the position remains vacant. It is the City's opinion that the vacancy is due to difficulty in recruiting the right candidate to serve as the City Engineer; C. The CITY continues to need help in the Public Works Department to train and mentor the staff, run operations and work on developing projects, and to provide the required legal and administrative functions while the CITY recruits to permanently fill the vacation position of City Engineer; D. LEUNG brings over 30 years of professional experience in planning, design, and construction of Capital Improvement Program management. This extensive background includes 29 years as the Deputy Director of Facilities at Los Angeles Unified School District, where he oversaw infrastructure programs totaling 1.2 billion in construction costs. LEUNG is qualified and has the requisite specialized skills, training, and experience to continue to serve as Interim City Engineer for the CITY; E. CITY desires to continue to employ the specialized services of LEUNG as Interim City Engineer for CITY in consideration of and subject to the terms, conditions, and benefits set forth in the Agreement, as amended, and State Law; F. LEUNG desires to continue his Retired Annuitant employment as Interim City Engineer in consideration of and subject to the terms, conditions, and benefits set forth in the Agreement, as amended, and State Law; and G. The Parties now desire to amend the Agreement to reflect the extension of LEUNG's term of Retired Annuitant employment as Interim City Engineer at the top of the City Engineer's monthly salary range as approved by the City Council. In addition, the hourly rate shall be adjusted to be consistent with the top -step hourly rate should the rate is adjusted during his service. OPERATIVE PROVISIONS 1. AMENDMENTS a. Recital H of the Agreement is hereby amended to read as follows LEUNG represents that he is a retired annuitant of the California Public Employees' Retirement System ("CalPERS") within the meaning of Government Code § 21221(h) as of the effective date of this AGREEMENT. LEUNG represents that he retired from the CalPERS system at least 180 days prior to the effective date of this agreement. LEUNG acknowledges that he is restricted to working no more than a combined 960 hours for CITY, a state agency, or other CalPERS contracting agencies (collectively "CalPERS Agencies") during any fiscal year. LEUNG represents that he has not received any unemployment compensation from any CalPERS Agencies during the 12 -month period preceding the effective date of this AGREEMENT, that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that he has attained normal retirement age within the meaning of Government Code § 21220.5. b. Section 1.2 of the Agreement is hereby amended to read as follows: Term. This AGREEMENT commences and is effective on June 27, 2024, ("COMMENCEMENT DATE") after being approved by the CITY Council and executed by LEUNG and CITY'S City Manager. Subject to the provisions set forth in Section 3 [Termination], LEUNG shall be employed in the position of Interim CITY ENGINEER 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 June 30, 2025, (ii) upon LEUNG working the maximum number of hours allowed by CalPERS in a fiscal year; or (iii) upon the termination of the AGREEMENT by either LEUNG or CITY as provided in Section 3 [Termination] of this AGREEMENT. C. Section 2.1 of the Agreement is hereby amended to read as follows: Rate of Pay. For all services performed by LEUNG as the Interim CITY ENGINEER under this AGREEMENT, CITY shall pay LEUNG compensation at the maximum salary range, which is currently Seventy -Six dollars and Eighty -Three cents ($ 76.8346) per hour. The hourly rate shall be adjusted to be consistent with the top -step hourly rate should there be an adjustment during his service under the terms of this Agreement. Such compensation shall be payable according to the scheduled paydays for CITY personnel. d. Section 2.2 of the Agreement is hereby amended to read as follows: Compliance with CalPERS Requirements. It is the intent of the parties to compensate LEUNG only to the extent permitted under Government Code § 21221(h) and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS. The monthly base salary for the position of City Engineer as listed on a publicly available pay schedule is a minimum of $13,318 per month and the hourly equivalent is $76.8346, and the minimum base salary for this position is $10,206 per month, and the hourly equivalent is $58.8808. The hourly 2. 3. 4. 5. 6. rate shall be adjusted to be consistent with the Mid Management's cost -of -living adjustment for FY 2024-25. REMAINDER UNCHANGED Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. INTEGRATION This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. EFFECTIVE DATE This First Amendment shall not become effective until the date the City Council has formally approved it. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date indicated above. CITY OF ROSEMEAD A Municipal Corporation By: )� e � Steven L Mayor ALBERT LEUNG An Individual Albert Leung Interim City Engineer APPROVED AS TO FORM: By:��� Rachel H. Richman City Attorney A'iTLEST- Bneka ernandez City Clerk RESOLUTION NO. 2024-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE FIRST AMENDMENT TO THE INTERIM CITY ENGINEER'S RETIRED ANNUITANT EMPLOYMENT AGREEMENT WHEREAS, the City and Albert Leung entered into a Retired Annuitant Employment Agreement on November 14, 2023, and now wish to amend the Employment Agreement to extend Albert Leung's term of employment and to adjust the hourly rate to be consistent with top -step hourly rate should there be an adjustment during his service; WHEREAS, the City Council is authorized to approve amendments to the Retired Annuitant Employment Agreement; WHEREAS, Section 6.11 of the Employment Agreement requires any amendment be in writing and signed by the parties; WHEREAS, the employment shall be limited to 960 hours per fiscal year; WHEREAS, Albert Leung is a retired annuitant as further detailed in the Amended Retired Annuitant Employment Agreement attached hereto as Exhibit A; WHEREAS, the Rosemead City Council hereby extends Albert Leung's appointment as an interim retired annuitant to the position of Interim City Engineer for the City of Rosemead, effective July 1, 2024, as detailed in the Amended Retired Annuitant Employment Agreement attached hereto as Exhibit A; WHEREAS, the current status of this recruitment is that the job opening for the permanent position has been publicly posted, applications are being accepted and candidates are being reviewed; WHEREAS, the entire Amended Retired Annuitant Employment Agreement between ;AibertLeung and the City of Rosemead has been reviewed by this body and is attached hereto as Exhibit A; WHEREAS, no matters, issues, terms, or conditions related to this employment and �*pded appointment have been or will be placed on a consent calendar; 'WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; WHEREAS, the maximum base salary for the position of City Engineer as listed on a publicly available pay schedule is $13,318 per month and the hourly equivalent is $76.8346, and the minimum base salary for this position is $10,206 per month, and the hourly equivalent is $58.8808; WHEREAS, the hourly rate paid to Albert Leung will be $ 76.8346 per hour. The hourly rate will be adjusted to be consistent with the top -step rate should there be an adjustment during his service; and WHEREAS, Albert Leung has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other forms of compensation in addition to this hourly pay rate as so provided in Government Code § 21221(h) and related Ca1PERS regulations and policy statements. NOW, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: The extended appointment of Albert Leung as described herein is necessary to fill the critically needed position of Interim City Engineer for the City of Rosemead effective July 1, 2024, because the City has been unable to fill this permanent position for various reasons. 2. The First Amendment to the Retired Annuitant Employment Agreement for the Position of Interim City Engineer attached hereto in Exhibit A is hereby approved. 3. The City Clerk shall certify the adoption of this resolution, and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED, this 27a' day of June, 2024. APPROVED AS TO FORM: Rachel Richman, City Attorney Steven Ly, Mayor ATTEST: Ericka Hernanez, City-d&k STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-34, was duly adopted by the City Council of the City of Rosemead, California, at a special meeting thereof held on the 27h day of June, 2024, by the following vote, to wit: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE ABSTAIN: NONE Ericka Hernandez, City Clerk- _ . = EXHIBIT A FIRST AMENDMENT AGREEMENT RETIRED ANNUITANT EMPLOYMENT AGREEMENT FOR THE POSITION OF INTERIM CITY ENGINEER 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 Albert Leung ("Leung"), an individual, on the following terms and conditions: RECITALS A. CITY lost their City Engineer; B. Beginning on May, 2023 the CITY commenced a recruitment for the permanent position of City Engineer; C. The vacancies of engineering staff, including the City Engineer and Director of Public Works in the past few months has placed significant strains on the City especially in the Public Works Department, resulting in service gaps, a lack of consultant oversight, and delays in the execution of the Capital Improvement Projects; D. The CITY requires assistance within the Public Works Department to provide supervision for engineering staff, oversee consultants, and manage Capital Improvement Projects while the City recruits to permanently fill the permanent position of City Engineer; E. LEUNG has over 30 years of professional experience, with 21 years in public sector executive management overseeing Capital Improvement Programs. LEUNG retired in 2017 and is uniquely qualified and has the requisite specialized skills, training and experience to serve as Interim City Engineer for the CITY; F. CITY desires to employ the specialized services of LEUNG as Interim City Engineer for CITY in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT and State Law; G. LEUNG desires to accept Retired Annuitant employment as Interim City Engineer in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT and State Law; H. LEUNG represents that he is a retired annuitant of the California Public Employees' Retirement System ("CalPERS") within the meaning of Government Code § 21221(h) as of the effective date of this AGREEMENT. LEUNG represents that he retired from the Ca1PERS system at least 180 days prior to the effective date of this agreement. LEUNG acknowledges that he 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 2023-2024 fiscal year except as may be exempted under the Governor's State of Executive Order N-25-20 which exempts Retired Annuitants from the 960 hour combined maximum with 1 proper notifications, and that his compensation is statutorily limited as provided in Government Code § 21221(h). LEUNG represents that he has not received any unemployment compensation from any Ca1PERS Agencies during the 12 -month period preceding the effective date of this AGREEMENT, that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), and that he has attained normal retirement age within the meaning of Government Code § 21220.5; I. This AGREEMENT was approved by CITY'S City Council as a regular agenda item at a Council meeting held on November 14, 2023. OPERATIVE PROVISIONS THEREFORE, in consideration of the above recitals and promises and conditions contained herein, CITY and LEUNG mutually agree as follows: 1. Position and Duties. 1.1 Position. LEUNG accepts retired annuitant employment with CITY as Interim City Engineer and shall perform all functions, duties and services of set position set forth in City Code and by direction of the Director of Public Works. LEUNG shall provide service at the direction and under the supervision of the Director of Public Works. It is the intent of the parties that LEUNG, as the City Engineer, shall keep the Director of Public Works fully apprised. Toward that end, LEUNG shall report directly to the Director of Public Works and will periodically, or as may be otherwise specifically requested by the Director, provide status reports to the Director on his activities and those of the CITY. 1.2 Term. This AGREEMENT commences and is effective on November 14, 2023 ("COMMENCEMENT DATE") after being approved by the City Council and executed by LEUNG and CITY'S Director of Public Works. Subject to the provisions set forth in Section 3 [Termination], LEUNG shall be employed in the position of City Engineer 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 June 30, 2024 (ii) upon LEUNG working the maximum number of hours allowed by Ca1PERS in a fiscal year; or (iii) upon termination of the AGREEMENT by either LEUNG or CITY as provided in Section 3 [Termination] of this AGREEMENT. 1.3 At -Will. LEUNG acknowledges that he is an at -will employee of CITY who shall serve at the pleasure of the City at all times during the period of his service hereunder and that his 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 LEUNG 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 his 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 LEUNG as provided in Section 3 [Termination]. Nothing in the AGREEMENT shall prevent, limit or otherwise interfere with the right of LEUNG 2 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 LEUNG to the extent such PERSONNEL POLICIES conflict with this Agreement. 1.4 Duties. LEUNG agrees to provide the follow services: Under the administrative direction of the Director of Public Works LEUNG will provide INTERIM CITY ENGINEER services to the City's Public Works Department and the City on an as -needed basis. LEUNG will also perform all other legally permissible and proper duties and functions consistent with the City of Rosemead Public Works Department, including those set forth in the Rosemead Municipal Code, the Personnel Rules and Regulations, and as the Director of Public Works shall assign from time to time. 1.5 Hours of Work. LEUNG shall devote the time necessary to adequately perform his duties as INTERIM CITY ENGINEER. The parties anticipate that LEUNG will work up to 40 hours per week during regular City Hall business hours or as mutually agreed by LEUNG and the Director of Public Works. However, in no event shall LEUNG be required or permitted to work in excess of 960 hours during any fiscal year except as may be exempted under the Governor's State of Executive Order N-25-20 which exempts Retired Annuitants from the 960 hour combined maximum with proper notifications. 1.6 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, LEUNG shall not accept, except current non-government clients, any other work without the express prior written consent of the Director of Public Works, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except for Professional Activity or Educational Activities), 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 LEUNG'S duties as CITY ENGINEER. 1.7 Reimbursement. CITY shall reimburse LEUNG for reasonable and necessary business expenses incurred by LEUNG in the performance of his duties. All reimbursements require prior approval by the Director of Public Works or are reimbursable under City policies and shall be subject to and in accordance with California and federal law. 2. Compensation. 2.1 Rate of Pay. For all services performed by LEUNG as the Interim CITY ENGINEER under this AGREEMENT, CITY shall pay LEUNG compensation at the maximum rate of the salary range which is currently $74.5962) per hour. Such compensation shall be payable according to the scheduled paydays for CITY personnel. 2.2 Compliance with CalPERS Requirements. It is the intent of the parties to compensate LEUNG only to the extent permitted under Government Code § 21221(h) and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS. The monthly base salary for the position 3 of Interim City Engineer as listed on a publicly available pay schedule is a minimum of $9,909 and a maximum of $12,930. The Rate of Pay is calculated by taking a monthly base salary of $12,930 and dividing it by 173.333 to equal an hourly rate of $74.5962. 2.3 Recordation and Reporting of Hours Worked. LEUNG 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 CalPERS. Additionally, LEUNG shall keep CITY continually informed of any hours worked by LEUNG for other Ca1PERS Agencies during the term of this Agreement. 2.4 Benefits. Pursuant to Government Code § 21221(h) and related Ca1PERS regulations and policy statements, LEUNG 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, except for Worker's Compensation Insurance coverage, social security, Medicare, or similar benefits required by state or federal law, 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 LEUNG for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing LEUNG with written notice five (5) working days before said termination date, by the CITY'S Director of Public Works. CITY'S only obligation in the event of such termination will be payment to LEUNG 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. LEUNG may terminate his employment for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing the Director of Public Works with seven (7) days advance written notice. CITY shall have the option, in its complete discretion, to make LEUNG'S termination effective at any time prior to the end of such period, provided CITY pays LEUNG all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day of LEUNG'S notice. LEUNG shall not be entitled to any other 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 LEUNG or CITY to give advance written notice in order for the AGREEMENT to expire as set forth in Section 1.2 [Term]. 3.4 Termination Obligations. LEUNG agrees that all property, all equipment, and other City Property, City Proprietary Information (as described Section 4) City records, and contracts shall be returned promptly to CITY upon termination of LEUNG'S employment. LEUNG'S obligations under this subsection shall survive the termination of his employment and/or the expiration of this AGREEMENT. 4. Proprietary Information. 4 "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 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 his employment by CITY, LEUNG shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this AGREEMENT. Following termination, LEUNG shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. LEUNG's obligations under this Section shall survive the termination of his employment and the expiration of this AGREEMENT. A disclosure of Proprietary Information or Confidential Information by LEUNG 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. LEUNG represents and warrants to CITY that, to the best of his knowledge, he presently has no interest, and represents that he 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 his 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 four (4) 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 LEUNG' S personnel file. LEUNG agrees to notify CITY in writing of any change in his address during his 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 LEUNG'S Notice Address: 5 [Address on file with Human Resources] 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 LEUNG against and for all losses sustained by LEUNG arising out of an act or omission occurring within the scope of his employment under this AGREEMENT. 6.4 Bonding. CITY shall bear the full cost of any fidelity or other bond required of the City Engineer under any law or ordinance. 6.5 Merger, Integration and Modification. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of LEUNG'S Retired Annuitant 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 LEUNG, 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 LEUNG 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. 6.6 Waiver. Either parry's failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right. Waiver by any party hereto of any tern, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition, or covenant hereof. 6.7 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. 6.8 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. 6.9 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. 6.10 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. 6.11 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 limitation, this AGREEMENT shall not be construed in favor of the party receiving a benefit nor against the 2 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. 6.12 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. 6.13 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. 7 IN WITNESS WHEREOF, CITY and LEUNG has signed and executed this AGREEMENT. DATED: �� S DATED: 1 1� 1023 ATTEST: ErickaTlemandez.-City Clerk CITY: Ben Kim Manager LEUNG: Albert Leung APPROVED AS TO FORM: achel Richman, City Attorney