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HomeMy WebLinkAbout2016-012 Michael Hubert- Interim Fire Chief CITY OF ATASCADERO EMPLOYMENT AGREEMENT THIS AGREEMENT, (hereinafter referred to as the "Agreement") is made and entered into this 20th day of June 2016, by and between the City of Atascadero, County of San Luis Obispo, State of California, a municipal corporation (hereinafter referred to as the "City") and Michael Hubert (hereinafter referred to as "Hubert"). SECTION 1 EMPLOYMENT A. The City agrees to and shall employ Hubert as Interim Fire Chief of the City of Atascadero. Hubert agrees to perform the functions and duties of the position of Interim Fire Chief of the City of Atascadero as described by state law, the Municipal Code of the City of Atascadero, the job description of the position of Interim Fire Chief as developed by the City Manger of the City, and all other duties and functions as the City Manager of the City shall from time to time assign. B. This interim position is created solely for a CaIPERS retired annuitant to fill the vacant position of Fire Chief during the recruitment to permanently fill the vacancy, and complies with the provisions of the Post-Retirement Public Employment under CaIPERS and PEPRA Legislation, Government Code § 7522.56 and Government Code § 21221(h). C. Hubert, by virtue of having previously been employed as Fire Chief for Five Cities Fire Authority, and Fire Chief for the Cities of Arroyo Grande and Grover Beach and having 35 years of experience as a firefighter, is uniquely qualified and has the requisite specialized skills, training and experience to serve as Interim Fire Chief for the City. D. Hubert agrees to perform all such functions and duties to the best of his abilities and in a competent and efficient manner. Hubert agrees to focus his full professional time, ability and attention to City business during the term of this Agreement and agrees not to engage in any other business pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior written consent of the City Manager. E. Hubert 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. Hubert acknowledges that he is restricted to working no more than a combined 960 hours for the City, a state agency, or other CaIPERS contracting agencies (collectively "CaIPERS Agencies") during any fiscal year, and that his compensation is statutorily limited as provided in Government Code § 21221(h). Hubert represents that he has not received any unemployment compensation City of Atascadero Employment Agreement Michael Hubert Page 2 of 4 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 SECTION 2 TERM A. Hubert shall serve at the will and pleasure of the City Manager. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Hubert at any time and for any reason, or for no reason. B. This Agreement shall become effective on June 20, 2016, and unless otherwise terminated, shall remain in effect until December 16, 2016 and will not exceed 960 hours in any fiscal year. C. Nothing in the Section shall or is intended to prevent, limit or otherwise interfere with the right of the City or Hubert to terminate the employment of Hubert prior to the expiration of this Agreement or any extension thereof. SECTION 3 TERMINATION A. The City Manager and Hubert may agree mutually in writing to terminate Hubert's employment. B. The City may terminate Hubert's employment at any time with or without cause by providing two weeks' notice. Upon termination, Hubert shall only be entitled to the salary then due and owing him through the last day actually worked. Hubert shall not be entitled to any severance under the Agreement. C. Hubert may terminate his employment at any time for any reason by providing two weeks' written notice to the City Manager. In the event that Hubert provides such written notice, he shall be entitled to receive at the termination of this employment only unpaid base wages as may be due and payable under applicable City rule, regulation or policy, and/or under applicable local, state or federal law. Hubert shall not be entitled to any severance pay or other compensation at the termination of his employment. During the period subsequent to Hubert's submission of his notice terminating his employment, he shall continue to perform his duties as Interim Fire Chief pursuant to this Agreement unless removed from those duties and/or terminated by the City Manager pursuant to the terms of this Agreement. City of Atascadero Employment Agreement Michael Hubert Page 3 of 4 D. As required by Government Code § 56260, if the Agreement is terminated, the maximum cash settlement that Hubert may receive shall be an amount equal to the monthly salary of Hubert multiplied by the number of months left on the unexpired term of this Agreement. As stated above, Hubert shall not be entitled to any cash settlement, severance pay or other compensation upon termination of this Agreement. SECTION 4 SALARY AND COMPENSATION A. Effective upon the commencement of this Agreement, the City shall pay to Hubert a base salary of $12,321.44 per month. Pursuant to Government Code § 7522.56, the pay rate is not less than the minimum nor exceeds the maximum monthly base salary paid to other employees performing comparable duties. This salary shall be paid on a pro rated basis in regular installments pursuant to the City's normal payroll procedures. B. The City shall deduct or withhold from Hubert's salary any and all sums as Hubert may from time to time direct, or as required by law, including but not limited to, sums for the payment of federal, state and/or local income taxes and Medicare tax withholding. C. Hubert shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the monthly pay rate. D. Hubert will comply with all applicable CalPERS rules and regulations governing employment after retirement, including the recordation and reporting of all hours worked for the City to CalPERS as may be required. The City shall assist in any such reporting obligation to CaIPERS. Additionally, Hubert shall keep City continually informed of any hours worked by Hubert for other Ca1PERS agencies during the term of this Agreement. E. The City Manager shall fix any other terms and conditions of employment relating to Hubert's performance as the City Manager may from time to time determine, provided that such other terms and conditions of employment are not contrary to or inconsistent with the terms set forth in this Agreement, the City's rules, regulations and ordinances, local, state and/or federal law. SECTION 5 GENERAL PROVISIONS A. This Agreement constitutes the sole understanding and agreement of the City and Hubert with respect to the matters set forth herein and supersedes any and all prior negotiations, statements, instructions, representations or agreement, whether written or oral. City of Atascadero Employment Agreement Michael Hubert Page 4 of 4 B. The parties agree and acknowledge that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or by anyone acting on behalf of any party, which are not contained herein and that any agreement, statement or promise not contained in this Agreement shall not be valid or binding on either party. C. Any amendment to this Agreement shall be valid only if in writing approved and signed by both parties, unless otherwise specified in this Agreement. D. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. E. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs in addition to any other relief to which that party may be entitled. F. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year first written above. City: Hubert: 44--- Rachelle Rickard Michael Hu bert City Manager