2014/01/28 City Council Resolution 2014-007RESOLUTION NO. 2014-007
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 VICTORIA PERRAULT FOR HUMAN
RESOURCES DIRECTOR SERVICES
WHEREAS, the City Council wishes to enter into an Employment Agreement with
Victoria Perrault to perform the duties of Human Resources Director in consideration of and
subject to the terms, conditions, and benefits set forth in the Employment Agreement;
WHEREAS, the City Manager, as the appointing authority, has determined that Victoria
Perrault possesses the skills and expertise necessary to perform these services;
WHEREAS, Victoria Perrault desires to serve as Human Resources Director of the City
of Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in
the Employment Agreement;
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 Victoria Perrault for Human Resources Director services attached hereto as
Exhibit "A."
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 28th day of January, 20
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(City Clerk
CITY OF ROHNERT PARK
Mayor
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Attachments: Employment Agreement
Attachment
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND VICTORIA PERRAULT
THIS AGREEMENT between the CITY OF ROHNERT PARK ( "City ") and Victoria
Perrault (`Employee ") is dated for reference purposes this 29t" day of January, 2014, and is
deemed effective as of that date.
RVCITALS
WHEREAS, City desires to retain the services of Employee to serve as the Human
Resources Director in consideration of and subject to the terms, conditions, and benefits set
forth iii this Agreement;
WHEREAS, Employee desires to serve as Human Resources 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 Human Resources 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 Human Resources Director of the City of
Rohnert Park to perform the functions and duties specified in the City of Rohnert Park Job
Description for the Human Resources 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 her duties to the best of her 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.
2. TERM.
The term of this Agreement shall be from the 29"' day of January, 2014 through the 28t" day of
January, 2017, 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.
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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 her position as City's Human Resources Director.
Employee may terminate this Agreement by submitting written notice of her resignation to
City. Employee shall give the City thirty (30) days written notice of her 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 Human Resources 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 her 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) Employee may be terminated for cause at any time by providing Employee
written notice of her termination for cause. Termination for cause means termination based
upon a breach of any of the terms of this Agreement, malfeasance of any nature occurring
during the course and scope of the Employee's duties as Human Resources Director; or a
conviction, plea bargain, or personal adverse State or federal determination against Employee
individually involving any felony, intentional tort, crime of moral turpitude, violation of statute
or law constituting forfeiture of office, misconduct in office for personal gain, misuse of public
funds for personal benefit, conflict of interest resulting in conviction, or any other incompatible
activity or conflict of interest listed in Section 7 of City Personnel Rules and Regulations.
(d) Severance Benefits
(1) In the event Employee is terminated from employment without cause while
still willing and able to perform her duties under this Agreement during
Employee's initial 12 months of employment, Employee shall not be entitled
to any severance benefits. In the event Employee is terminated from
employment without cause while still willing and able to perform her duties
under this Agreement during the 13th through 24th months of Employee's
employment, then City agrees to pay Employee a lump sum cash payment
equal to one (1) month of her base monthly compensation. In the event
Employee is terminated from employment without cause while still willing
and able to perform her duties under this Agreement during the 25th through
36th months of Employee's employment, then City agrees to pay Employee a
lump sum cash payment equal to two (2) months of her base monthly
compensation. In addition, City shall extend to Employee the right to
continue health insurance as may be required by and pursuant to the terms
and conditions of the Consolidated Omnibus Budget Act of 1986 (COBRA).
(2) In the event Employee is terminated for cause, Employee shall be entitled to
only the compensation earned and accrued and such other termination
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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 her services rendered pursuant hereto as Human
Resources Director a gross monthly salary of ten thousand four hundred twenty -seven dollars
($10,427.00) 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 Human Resources
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 provided 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.
(c) Employee shall be included in the City's Miscellaneous Plan with the California
Public Employees' Retirement System (" CalPERS "); and enrolled in the two percent (2.0 %) at
age sixty -two (62), highest three year average program if she meets the definition of a "new
employee" under PEPRA. Employee shall contribute the total "employee contribution"
required by law; if she meets the definition of a "new employee" under PEPRA, it is anticipated
that this contribution will be fifty percent (50 %) of the normal cost rate as actuarially
determined by CalPERS.
(d) 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.
(e) If available and budgeted, City will provide up to three thousand dollars
($3,000) per fiscal year for Employee's professional development expenses. Use of these
dollars shall be subject to the prior approval of the City Manager.
5. 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 Human Resources 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 in her
capacity as Human Resources Director, regardless of whether the notice of filing of a lawsuit
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for such tort, claim, demand, or other legal action occurs during or following Employee's
employment with City as Human Resources Director.
6. CONFLICT OF INTEREST PROHIBITION.
Employee 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 the
performance of her duties under this Agreement.
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 her employment by City, Employee shall disclose Confidential Information only for the
benefit of City and as may be necessary to perform her 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 her 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 her 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
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130 Avram Avenue
Rohnert Park, CA94928
TO EMPLOYEE: Victoria Perrault
Home Address on File with Human Resources
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 future, 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 unless the parts found to be void are wholly
inseparable from the remaining portion of the Agreement.
15. PROVISIONS THAT SURVIVE TERMINATION.
Some sections of this Agreement are intended by their terms to survive the
Human Resources Director's termination of employment with the City, including but not
limited to Sections 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.
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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.
18. EFFECTIVE DATE.
This Agreement shall be deemed effective on the 29"' day of January, 2014.
19. ACKNOWLEDGMENT.
Employee acknowledges that she has had the opportunity to consult legal counsel in
regard to this Agreement, that she 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
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.
LOW
JoAnne Buergler
City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon
City Attorney
CITY OF ROHNERT PARK
By:
Darrin Jenkins
City Manager
Per Resolution No. 2014 -007 adopted by
the Rohnert Park City Council on January
28, 2014.
EMPLOYEE
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Victoria Perrault