2013/11/26 City Council Resolution 2013-162RESOLUTION NO. 2013 -162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF ROHNERT PARK AND MARK WALSH FOR INTERIM FINANCE
DIRECTOR SERVICES
WHEREAS, the City Council wishes to enter into an Employment Agreement with
Mark Walsh to perform the duties of Interim Finance Director;
WHEREAS, Mark Walsh possesses the skills and expertise necessary to perform these
services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Council authorizes and approves the Employment Agreement between the City
of Rohnert Park and Mark Walsh for Interim Finance Director Services ( "hlterim Finance
Director Agreement ") attached hereto as Exhibit "A ".
BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized and
directed to execute the Interim Finance Director Agreement for and on behalf of the City of
Rohnert Park.
DULY AND REGULARLY ADOPTED this 26t" day of November, 2013.
ATTEST:
Jb}Am1e Buergler�City " Clerk
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Attachment: Exhibit A -- Agreement
CITY OF ROHNERT PARK
Pam Stafford, Mayor V
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Exhibit A
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND MARK WALSH
THIS AGREEMENT between the CITY OF ROHNERT PARK ( "City ") and Mark
Walsh ( "Employee ") is dated for reference purposes this 2nd day of December, 2013 and is
deemed effective as of that date.
RECITALS
WHEREAS, City desires to retain the services of Employee to serve as the Interim
Finance Director in consideration of and subject to the terms, conditions, and benefits set forth in
this Agreement;
WHEREAS, Employee desires to serve as Interim Finance Director of the City of
Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in
this Agreement;
WHEREAS, Employee has the necessary education, experience, skills and expertise to
serve as the Interim Finance Director;
WHEREAS, the City Manager, as appointing power, and Employee desire to agree in
writing to the terms and conditions of Employee's employment.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. DUTIES.
(a) City agrees to employ Employee as Interim Finance Director of the City of
Rohnert Park to perform the functions and duties specified in the City of Rohnert Park Job
Description for the Finance Director position attached hereto as Exhibit A, and to perform other legally
permissible and proper duties and functions as City Manager may from time to time assign.
(b) Employee shall perform his duties to the best of his ability in accordance
with the highest professional and ethical standards of the profession and shall comply with all
general rules and regulations established by City.
(c) Employee shall not engage in any activity, which is or may become a
conflict of interest, prohibited contract, or which may create an incompatibility of office as
defined under California law. Prior to performing any services under this Agreement and
annually thereafter, Employee must complete disclosure forms required by law.
Page 1 of 6
Exhibit A
2. TERM.
(a) The term of this Agreement shall be from the December 2nd, 2013
through March 3rd, 2014 or until terminated by either party in accordance with the provisions set
forth in Paragraph 3 or by the event of the death or permanent disability of Employee.
3. RESIGNATION AND TERMINATION.
(a) Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employee to resign at any time from his position as City's Interim Finance Director.
Employee may terminate this Agreement by submitting written notice of his resignation to City.
Employee shall give the City thirty (30) days written notice of his intention to resign.
(b) Employee is an "at will" employee who serves at the pleasure of the City
Manager and nothing herein shall be taken to prevent, limit or otherwise interfere with the right
of the City Manager to terminate the services of Employee as Interim Finance Director with or
without cause at any time. There is no express or implied promise made to Employee for any
form of continued employment. Further, nothing in this Agreement is intended to, or does,
confer upon Employee any due process right to a hearing or other administrative process
pertaining to termination, before or after a decision by the City to terminate his employment,
unless Employee is entitled to a name clearing hearing under California or federal law. No terms
of this Agreement may be altered without an express written document signed by the Employee
and City Manager and approved by the City Council.
(c) In the event Employee is terminated, Employee shall be entitled to only
the compensation earned and accrued and such other termination benefits and payments as may
be required by law. Employee shall not be entitled to any severance benefits.
4. COMPENSATION AND BENEFITS.
(a) City agrees to pay Employee for his services rendered pursuant hereto as
Interim Finance Director an hourly rate of $58.00 for hours worked up to forty hours per week
payable in installments at the same time as other employees of the City are paid and subject to all
applicable payroll taxes and withholdings. The position of Interim Finance Director is exempt
under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee
based on hours worked.
(b) Employee shall be entitled to all benefits, rights, and privileges accorded
to the non- public safety Management Unit except as otherwise pruvided in this Agreement. If
there is any conflict between this Agreement and any resolution fixing compensation and
benefits for non - public safety City Department Directors or other unclassified employees, this
Agreement shall control.
Page 2 of 6
Exhibit A
(c) The employee elects to provide proof of medical insurance coverage and
to waive City- provided medical insurance coverage and receive the alternate health benefit
amount of $350.00 monthly in lieu of a medical insurance premium contribution made by the
City.
(d) Employee shall be included in the City's Miscellaneous Plan with the
California Public Employees' Retirement System (" CalPERS "); and enrolled in the appropriate
tier subject to PEPRA, which is anticipated to be at the two percent (2.0 %) at age sixty -two (62),
highest three year average program if he meets the definition of a "new employee" under
PEPRA. Employee shall contribute fifty percent (50 %) of the normal cost rate to CalPERS or
eight percent (8 %) of base pay whichever is greater.
(e) Employee is subject to City Personnel Rules and Regulations as an
Executive Management Employee and is exempt from specific rules and regulations as set forth
in Section 1, subsection (C) of the Personnel Rules, as amended or supplemented from time to
time. Employee is exempt from the City's Grievance Policy and Procedure as set forth in
Resolution No. 79 -22 and incorporated by reference into the Management Unit Outline and City
Personnel Rules and Regulations.
INDEMNIFICATION.
In accordance with the terms, conditions, and limitations of the Government
claims Act (Gov't Code §§ 810 et seq.), City shall defend, save harmless, and indemnify
Employee against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of Employee's duties as Interim Finance Director. Based on its sole discretion, the City will
determine whether to compromise and settle any such claim or suit and the amount of any
settlement or judgment rendered thereon. Said indemnification shall extend beyond termination
of employment, and the otherwise expiration of this Agreement for any acts undertaken or his
capacity as Interim Finance Director, regardless of whether the notice of filing of a lawsuit for
such tort, claim, demand, or other legal action occurs during or following Employee's
employment with City as Interim Finance Director.
6. CONFLICT OF INTEREST PROHIBITION.
Employee 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 the
performance of his duties under this Agreement.
Page 3 of 6
Exhibit A
7. CONFIDENTIAL INFORMATION.
"Confidential Information" is all non- public information pertaining 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 /her employment or otherwise
produced or acquired by or on behalf of City. Confidential Information shall include, without
limitation, proprietary information such as 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 Freedom of Information Act. During his
employment by City, Employee shall disclose Confidential Information only for the benefit of
City and as may be necessary to perform his job responsibilities under this Agreement.
Following termination, Employee shall not disclose any Confidential Information, except with
the express written consent of City. Employee's obligations under this Section shall survive the
termination of his employment and the expiration of this Agreement.
8. OTHER TERMS AND CONDITION OF EMPLOYMENT.
The City Manager may fix any other terms and conditions of employment, as he
or she may determine from time to time, relating to the performance of Employee, provided such
terms and conditions are not inconsistent with provisions of this Agreement or law. Any changes
to the terms and conditions of employment will not be effective without a writing signed by the
City Manager and Employee, and approved by the City Council.
9. GENERAL EXPENSES.
City recognizes and agrees to pay and /or reimburse Employee for reasonable and
necessary travel, subsistence and other business expenses incurred by Employee in the
performance of his duties with prior approval by the City Manager.
10. NOTICES.
Any notices required by this Agreement shall be in writing and either given in
person or by first class mail with postage prepaid and addressed as follows:
TO CITY: City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA94928
TO EMPLOYEE: Mark Walsh
Home Address on File with Human Resources
Page 4 of 6
Exhibit A
11. ATTORNEY'S FEES.
In the event of any mediation, arbitration or litigation to enforce any of the
provisions of this Agreement, each party shall bear its own attorney's fees and costs.
12. ENTIRE AGREEMENT.
This Agreement is the final expression of the complete agreement of the parties
with respect to the matters specified herein and supersedes all prior oral or written
understandings, and it may not be contradicted by evidence of any prior or contemporaneous
statements or agreements. Except as prescribed herein, this Agreement cannot be modified
except by written mutual agreement signed by both parties and approved by the City Council.
To the extent that the practices, policies, or procedures of City, now or in the fixture, apply to
Employee, and are inconsistent with the terms of this Agreement, the provisions of this
Agreement shall control.
13. ASSIGNMENT.
This Agreement is not assignable by either City or Employee.
14. SEVERABILITY.
In the event that any provision of this Agreement is finally held or determined to
be illegal or void by a court having jurisdiction over the parties, the remainder of the Agreement
shall remain in full force and effect t unless the parts found to be void are wholly inseparable
from the remaining portion of the Agreement.
15. PROVISIONS THAT SURVIVE TERMINATION.
Many sections of this Agreement are intended by their terms to survive the
Interim Finance Director's termination of employment with the City, including but not limited to
Section 5. These sections, and the others so intended, shall survive termination of employment
and termination of this Agreement.
16. JURISDICTION AND VENUE.
This Agreement shall be construed in accordance with the laws of the State of
California, and the Parties agree that venue shall be in Sonoma County, California.
17. NO WAIVER OF DEFAULT.
The failure of any party to enforce against another party any provision of this
Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later
time, and shall not serve to vary the terms of this Agreement.
Page 5 of 6
Exhibit A
18. EFFECTIVE DATE.
This Agreement shall be deemed effective on the 2nd day of December 2013
19. ACKNOWLEDGMENT.
Employee acknowledges that he has had the opportunity to consult legal counsel
in regard to this Agreement, that he read and understands this Agreement, that he is fully aware
of its legal effect, and that he has entered into it freely and voluntarily and based on his judgment
and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, the City has caused the Agreement to be signed and
executed on its behalf by its City Manager. It has also been executed by Employee on the date
first above written.
ATTEST:
C
JoAnne Buergler
City Clerk
APPROVED AS TO FORM:
By:
Michelle Marchetta Kenyon
City Attorney
CITY OF ROHNERT PARK
LIM
Darrin Jenkins
Interim City Manager
Per Resolution No. 2013 -_ adopted by
the Rohnert Park City Council on
EMPLOYEE
Page 6 of 6
Mark Walsh