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HomeMy WebLinkAbout2018-196gl 9, 10 11 12 13 14 15 16 17 18j 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-196 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JEFFREY A. BLOOM FOR THE POSITION OF INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT (U) WHEREAS, the City has a need to appoint on an interim basis a Ca1PERS Retiree to I the vacant Director of Community Development (U) Position requiring specialized skills (Government Code Sections 7522.56 & 21221); and WHEREAS, Jeffrey A. Bloom retired from the City of Rancho Cucamonga in the position of Deputy City Manager Economic/Community Development, effective December 29, 2017; and WHEREAS, the City has a critical need for a temporary employee to oversee and continue to manage the City's projects relating to community development; and WHEREAS, Jeffrey A. Bloom has the specialized skill and knowledge necessary to maintain the continuity of the projects and operations underway such that his appointment is necessary to fill this critically needed assignment; and WHEREAS, the City Council of the City of San Bernardino, the City of San Bernardino and Jeffrey A. Bloom certify that Jeffrey A. Bloom has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the City Council of the City of San Bernardino wishes to appoint Jeffrey I A. Bloom as an interim appointment retired annuitant to perform the duties of the vacant I position of the Director of Community Development (U) for the City of San Bernardino during recruitment for a permanent appointment under Government Code section 21221(h), effective July 9, 2018; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is still pending; and WHEREAS, this Government Code section 21221(h) appointment shall only be made once; and WHEREAS, the entire employment agreement, contract or appointment document between Jeffrey A. Bloom and the City of San Bernardino has been reviewed by this body and attached herein as Exhibit A; and WHEREAS, no matters, issues, terms or conditions related to this employment or appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and 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; and WHEREAS, the maximum base salary for the position of Director of Community Development (U) is $14,655.00 per month and the hourly equivalent is $84.55, and the minimum base salary for this position is $12,057.00 per month and the hourly equivalent is $69.56; and WHEREAS, the hourly rate paid to Jeffrey A. Bloom will be $84.55; and WHEREAS, Jeffrey A. Bloom has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and III 1 2 3 4 5 6 7. 8. 9'. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of the City of San Bernardino hereby certifies the nature of the appointment of Jeffrey A. Bloom as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed interim appointment as Director of Community Development (U) for the City of San Bernardino by July 9, 2018, to oversee and continue community development projects within the City. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JEFFREY A. BLOOM FOR THE POSITION OF INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT (U) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 5th day of July 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ_ BARRIOS X VALDIVIA X SHORETT� NICKEL )C x RICHARD MULVIHILL X 65 ABSTAIN ABSENT George Hanna, CW, City Clerk The foregoing Resolution is hereby approved this 5a' day of July 2018. 12 R. Carey Day' , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney BY EXHIBIT A DIRECTOR OF COMMUNITY DEVELOPMENT EMPLOYMENT AGREEMENT Between the City of San Bernardino and Jeffrey A. Bloom THIS AGREEMENT is made and entered into this July 9, 2018, by and between the CITY OF SAN BERNARDINO, a Charter City ("City"), and Jeffrey A. Bloom, an individual ("Bloom"). WHEREAS, the City has a critical need for a temporary employee to oversee and continue to manage the City's projects relating to the Community Development Department and Bloom has the specialized skill and knowledge necessary to maintain the continuity of the projects and operations underway such that his appointment is necessary to fill this critically needed assignment; and WHEREAS, under general direction of the City Manager, job functions shall include: plans, organizes, directs and integrates the wise variety of operations and programs in the Community Development Department; manage four (4) major divisions of City government: Planning, Building, Permits and Customer Service, and Code Enforcement; advises the City Manager, City Council and the Mayor on current and advance planning matters, enforcement; and performs related duties as assigned. WHEREAS, the parties desire to enter into this Agreement to outline the terms and conditions of employment, and the duties and responsibilities of the parties. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. APPOINTMENT. Bloom is hereby appointed, and does hereby accept such appointment, to the position of Interim Director of Community Development (U) of the City of San Bernardino effective July 9, 2018. 2. TERM. The term of this Agreement shall commence July 9, 2018, and shall continue until June 30, 2019 or upon appointment of a permanent employee to the vacant position. As a CalPERS retired annuitant, Bloom may not work more than 960 hours for all CalPERS employers combined in the fiscal year and is responsible for monitoring compliance with this work limit. 3. TERMINATION. Under the terms of this appointment, Bloom serves as an "at- will" temporary employee and may be terminated at any time, with or without cause, EXHIBIT A pursuant to the provisions of this Agreement. Nothing in this Agreement, the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any vested right in such appointment or in employment with the City. a. The City may terminate this Agreement without cause, or Bloom may voluntary resign his position, by providing the other party written notice of termination or resignation at least thirty (30) days prior to the effective date of such termination or resignation, unless the parties mutually agree to waive or alter the time required for such notice. 4. SALARY. Bloom shall be compensated not to exceed the maximum, nor be less than the minimum, monthly base salary paid to other employees performing comparable duties. The hourly rate set at $84.55. This salary shall be payable bi- monthly at the same time as other City employees. 5. FRINGE BENEFITS. Bloom is not eligible to receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. Any correspondence, letters, documents, or discussions leading up to this Agreement which deal with the terms contained herein are superseded by this Agreement. By accepting this employment and signing below, you attest that: (1) you retired (or will retire) with CalPERS more than 180 days prior to your employment with the City; and (2) you have not received unemployment insurance benefits in the last 12 months arising out of any other post-retirement employment with a CaIPERS agency. By accepting this employment, you acknowledge that the law strictly limits the employment of a CaIPERS retired annuitant by a CaIPERS employer. Such employment is governed by Government Code sections 7522.56, 21221 and 21224, among other laws and regulations. A violation of these laws may result in your retroactive reinstatement to active membership from the first date of unlawful employment, a repayment to CalPERS of your retirement allowances received during the unlawful employment, retroactive member contributions, and administrative fees. Before entering into employment with the City, you are advised to consult with your own legal counsel and/or CaIPERS to ensure your employment will be in compliance with Oj EXHIBIT A the law. The City does not make any guarantees, warranties or promises concerning the lawfulness of your employment. By signing below, you waive, release and hold harmless the City, its City Council, employees, officers, elected officials, agents, attorneys or representatives ("Releasees") against any claim, complaint, cause of action, lawsuit, grievance, or damages arising out of any adverse consequences, fines, restitution, or damages assessed against you by CaIPERS, a court of competent jurisdiction, or other regulatory or administrative agency because of your post-retirement employment with the City. You acknowledge that the City has not induced you to believe that your employment is legally compliant with the law. In order to understand the circumstances, restrictions and consequences of non- compliance with the laws governing retired annuitant positions, you may review the CalPERS publication entitled "A Guide to CalPERS Employment After Retirement' available on the CalPERS website: http://www.calpers.ca.gov. You may also review the Public Employees' Retirement Law (Government Code section 20000 et seq.), the Public Employees' Pension Reform Act of 2013 (Government Code section 7522, et seq.) and other applicable law. If you require further clarification, you may contact CalPERS and other applicable sources. The City reserves the right to modify or terminate this agreement to comply with necessary changes to the applicable law or CalPERS requirements for employing retired annuitants. This agreement will become effective and you will serve as the interim Director of Community Development (U) upon appointment and resolution by the City Council. This Agreement represents the entire understanding between you and the City as to your employment as a retired annuitant with the City. This Agreement supersedes any and all other agreements and understandings, either oral or in writing, between the City and you regarding your employment as a retired annuitant. Each party to this Agreement expressly acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or any person acting on behalf of any party, which are not embodied herein, and that no other agreement, 3 EXHIBIT A statement, representation or promise not contained in this Agreement shall be of any force or effect. 7. SEVERABILITY. If any part of this Agreement is in conflict or inconsistent with the applicable provisions of federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Agreement shall not be affected thereby. 8. AMENDMENT. This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. Pri '+f... And M. Miller City Manager 7-1)-7-149 Date 7Z 211 Date 4