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HomeMy WebLinkAbout11/16/2005 - STAFF REPORTS (18) AGREEMENT RETAINING GARY JEANDRON AS INTERIM CHIEF OF POLICE FOR THE CITY OF PALM SPRINGS (July— December, 2007) THIS AGREEMENT ("Agreement") is entered into by and between the City of Palm Springs ("City") and Gary Jeandron (hereinafter referred to as "Gary Jeandron" or "Interim Chief of Police"), to be effective the 1st day of July 2007, and is made in reference to the following facts. A. The City, by and through the City Council, desires to retain Gary Jeandron as the Interim Chief of Police of the City. B. Gary Jeandron desires to serve as the Interim Chief of Police of the City, pending City's selection of a permanent Chief of Police. THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 Appointment 1.1 The City confirms and ratifies the City Manager's appointment and retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions and duties specified in the City Charter generally associated with the position of Chief of Police, and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions and duties of Chief of Police specified in the City Charter of the City; the services generally associated with the position of Chief of Police; and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 2.0 Term of Agreement The term of this Agreement shall commence on July 1, 2007, and continue in full force and effect unless terminated with or without cause by either party by providing written notice thereof in accordance with paragraph 11.2 hereof, or until December 31, 2007. The parties hereby expressly understand and agree that the Interim Chief of Police's hours will not exceed 960 hours in the year 2007 in accordance with California Government Code section 21221. 3.0 Salary 3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00 per month to perform all of the services provided under this Agreement. The retainer is subject to adjustment at the discretion of the City Council. Page1of4 (k—a"r Z) 3.2 The Interim Chief of Police shall keep and maintain detailed line item entries describing the Interim Chief of Police's work time on a daily basis, which shall be submitted on a monthly basis to the City's Finance Director. 3.3 The Interim Chief of Police shall not be entitled to receive any other benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. 4.0 Hours of Work It is recognized that the number of hours of work required of the Interim Chief of Police may vary from week to week and it is expected that the Interim Chief of Police will work 960 hours over the term of this Agreement. The Interim Chief of Police shall exercise his reasonable discretion in coordination with the City Manager in order to best accomplish the duties of Interim Chief of Police. 0.0 General Expenses The City agrees to reimburse the Interim Chief of Police for non-personal expenses reasonably and necessarily incurred by the Interim Chief of Police in the course and scope of performing his duties consistent with the provisions of all applicable laws. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. If any bond is required by City relating to the employment of the Interim Chief of Police, City shall be responsible for the cost of such bond. 6.0 Indemnification The City shall defend, save harmless and indemnify the Interim Chief of Police 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 the Interim Chief of Police duties. 7.0 Other Terms and Conditions The City Manager, in consultation with the Interim Chief of Police, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Interim Police Chief, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City's Charter, the City's Municipal Code, or any other applicable law. 8.0 Independent Contractor The City regards the Interim Chief of Police's services as unique and specialized. It is agreed that Interim Chief of Police shall act and be an independent contractor and Page 2 of 4 not an employee of the City. 9.0 Non-Liability of Council Members No City Council Member shall be personally liable to the Interim Chief of Police in the event of any default or breach by Council, and or City of Palm Springs, or for any amount, which may become due to the Interim Chief of Police. Interim Chief of Police's billed time shall be an obligation of the City of Palm Springs to the extent permitted by law. '10.0 Compliance with Law Interim Chief of Police shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement. 11.0 General Provisions 11.1 The text herein shall constitute the entire Agreement between the parties. The parties acknowledge that the Interim Chief of Police is neither covered by nor subject to the collective bargaining agreements between the City and its employees. 11.2 Any notices required by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows: IF TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager IF TO INTERIM CHIEF OF POLICE: To address on file with the City's Human Resources Department 11.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect. CITY OF PALM SPRINGS By: David Ready City Manager Page 3 of 4 APPROVED AS TO FORM: By: Douglas Holland, City Attorney Gary Jeandron Page 4 of 4 AGREEMENT RETAINING GARY JEANDRON AS INTERIM CHIEF OF POLICE FOR THE CITY OF PALM SPRINGS (January— June, 2008) THIS AGREEMENT ("Agreement") is entered into by and between the City of Palm Springs ("City") and Gary Jeandron (hereinafter referred to as "Gary Jeandron" or "Interim Chief of Police"), to be effective the 1st day of January 2008, and is made in reference to the following facts. A. The City, by and through the City Council, desires to retain Gary Jeandron as the Interim Chief of Police of the City. B. Gary Jeandron desires to serve as the Interim Chief of Police of the City, pending City's selection of a permanent Chief of Police. THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 Appointment 1.1 The City confirms and ratifies the City Manager's appointment and retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions and duties specified in the City Charter generally associated with the position of Chief of Police, and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions and duties of Chief of Police specified in the City Charter of the City; the services generally associated with the position of Chief of Police; and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 2.0 Term of Agreement The term of this Agreement shall commence on January 1, 2008, and continue in full force and effect unless terminated with or without cause by either party by providing written notice thereof in accordance with paragraph 11.2 hereof, or until June 30, 2008. The parties hereby expressly understand and agree that the Interim Chief of Police's hours will not exceed 960 hours in the year 2008 in accordance with California Government Code section 21221. 3.0 Salary 3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00 per month to perform all of the services provided under this Agreement. The retainer is subject to adjustment at the discretion of the City Council. Page 1 of 4 3.2 The Interim Chief of Police shall keep and maintain detailed line item entries describing the Interim Chief of Police's work time on a daily basis, which shall be submitted on a monthly basis to the City's Finance Director. 3.3 The Interim Chief of Police shall not be entitled to receive any other benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. 4.0 Hours of Work It is recognized that the number of hours of work required of the Interim Chief of Police may vary from week to week and it is expected that the Interim Chief of Police will work 960 hours over the term of this Agreement. The Interim Chief of Police shall exercise his reasonable discretion in coordination with the City Manager in order to best accomplish the duties of Interim Chief of Police. 5.0 General Expenses The City agrees to reimburse the Interim Chief of Police for non-personal expenses reasonably and necessarily incurred by the Interim Chief of Police in the course and scope of performing his duties consistent with the provisions of all applicable laws. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. If any bond is required by City relating to the employment of the Interim Chief of Police, City shall be responsible for the cost of such bond. 6.0 Indemnification The City shall defend, save harmless and indemnify the Interim Chief of Police 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 the Interim Chief of Police duties. 7.0 Other Terms and Conditions The City Manager, in consultation with the Interim Chief of Police, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Interim Police Chief, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City's Charter, the City's Municipal Code, or any other applicable law. &0 Independent Contractor The City regards the Interim Chief of Police's services as unique and specialized. It is agreed that Interim Chief of Police shall act and be an independent contractor and Page 2 of 4 not an employee of the City. 9.0 Non-Liability of Council Members No City Council Member shall be personally liable to the Interim Chief of Police in the event of any default or breach by Council, and or City of Palm Springs, or for any amount, which may become due to the Interim Chief of Police. Interim Chief of Police's billed time shall be an obligation of the City of Palm Springs to the extent permitted by law. '10.0 Compliance with Law Interim Chief of Police shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement. 111.0 General Provisions 11.1 The text herein shall constitute the entire Agreement between the parties. The parties acknowledge that the Interim Chief of Police is neither covered by nor subject to the collective bargaining agreements between the City and its employees. 11.2 Any notices required by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows: IF TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager IF TO INTERIM CHIEF OF POLICE: To address on file with the City's Human Resources Department 11.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect. CITY OF PALM SPRINGS By: David Ready City Manager Page 3 of 4 APPROVED AS TO FORM: By: Douglas Holland, City Attorney Gary Jeandron Page 4 of 4 COMPARISON OF POLICE CHIEFS' SALARIES: PALM SPRINGS, CATHEDRAL CITY AND INDIO PALM SPRINGS POLICE CATHEDRAL CITY INDIO POLICE CHIEF CHIEF JEANDRON POLICE CHIEF HENRY* RAMOS* BASE SALARY $151 000.00 $135 408.78 $150 775.00 HOLIDAY IN LIEU $7 550.00 N/A N/A CITY-MATCHED DEFERRED N/A $1,200.00 $7,538.75 COMP ** 5% - 15 YEAR LONGEVITY N/A $6,770.44 N/A 5% - 20 YEAR LONGEVITY N/A $6,770.44 N/A 5% - WELLNESS N/A _ $6,770.44 N/A TOTAL SALARY $158,550,00 $156,920.10 $158,313.75 SALARIES WITH NEXT MERIT INCREASE (W/INCENTIVES) $158,550.00 $160,813.00 $174,145.00 * NOT AT TOP STEP OF SALARY SCHEDULE **CATHEDRAL CITY MATCHES UP TO $100 PER MONTH; INDIO MATCHES UP TO 5% OF SALARY N/A = DOES NOT RECEIVE THIS COMPENSATION ADDITIONAL NOTES: INDIO POLICE CHIEF RAMOS CAN RECEIVE 10% MERIT INCREASE FROM HIS CITY MANAGER THROUGH THE EVALUATION PROCESS BASE TO TOP STEP SALARY PER AGENCY: CONTRACT $105,715 - $138,794 $148,000 - $168,000 f ( P _Ali ., AGREEMENT RETAINING GARY JEANDRON AS INTERIM CHIEF OF POLICE FOR THE CITY OF PALM SPRINGS (July— December, 2007) THIS AGREEMENT ("Agreement") is entered into by and between the City of Palm Springs ("City') and Gary Jeandron (hereinafter referred to as "Gary Jeandron" or "Interim Chief of Police"), to be effective the 1st day of July 2007, and is made in reference to the following facts. A. The City, by and through the City Council, desires to retain Gary Jeandron as the Interim Chief of Police of the City. B. Gary Jeandron desires to serve as the Interim Chief of Police of the City, pending City's selection of a permanent Chief of Police. THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 Appointment 1.1 The City confirms and ratifies the City Manager's appointment and retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions and duties specified in the City Charter generally associated with the position of Chief of Police, and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions and duties of Chief of Police specified in the City Charter of the City; the services generally associated with the position of Chief of Police; and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 2.0 Term of Agreement The term of this Agreement shall commence on July 1, 2007, and continue in full force and effect unless terminated with or without cause by either party by providing written notice thereof in accordance with paragraph 11.2 hereof, or until December 31, 2007. The parties hereby expressly understand and agree that the Interim Chief of Police's hours will not exceed 960 hours in the year 2007 in accordance with California Government Code section 21221. 3.0 Salary 3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00 per month to perform all of the services provided under this Agreement. The retainer is subject to adjustment at the discretion of the City Council. j zZ .� � � 1d Page 1 of 4 ;.�m 3.2 The Interim Chief of Police shall keep and maintain detailed line item entries describing the Interim Chief of Police's work time on a daily basis, which shall be submitted on a monthly basis to the City's Finance Director. 3.3 The Interim Chief of Police shall not be entitled to receive any other benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. 4.0 Hours of Work It is recognized that the number of hours of work required of the Interim Chief of Police may vary from week to week and it is expected that the Interim Chief of Police will work 960 hours over the term of this Agreement. The Interim Chief of Police shall exercise his reasonable discretion in coordination with the City Manager in order to best accomplish the duties of Interim Chief of Police. 5.0 General Expenses The City agrees to reimburse the Interim Chief of Police for non-personal expenses reasonably and necessarily incurred by the Interim Chief of Police in the course and scope of performing his duties consistent with the provisions of all applicable laws. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. If any bond is required by City relating to the employment of the Interim Chief of Police, City shall be responsible for the cost of such bond. 6.0 Indemnification The City shall defend, save harmless and indemnify the Interim Chief of Police 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 the Interim Chief of Police duties. 7.0 Other Terms and Conditions The City Manager, in consultation with the Interim Chief of Police, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Interim Police Chief, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City's Charter, the City's Municipal Code, or any other applicable law. 8.0 Independent Contractor The City regards the Interim Chief of Police's services as unique and specialized. It is agreed that Interim Chief of Police shall act and be an independent contractor and Page 2 of 4 not an employee of the City. 9.0 Non-Liability of Council Members No City Council Member shall be personally liable to the Interim Chief of Police in the event of any default or breach by Council, and or City of Palm Springs, or for any amount, which may become due to the Interim Chief of Police. Interim Chief of Police's billed time shall be an obligation of the City of Palm Springs to the extent permitted by law. 10.0 Compliance with Law Interim Chief of Police shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement. '13.0 General Provisions 13.1 The text herein shall constitute the entire Agreement between the parties. The parties acknowledge that the Interim Chief of Police is neither covered by nor subject to the collective bargaining agreements between the City and its employees. 13.2 Any notices required by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows: IF TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager IF TO INTERIM CHIEF OF POLICE: To address on file with the City's Human Resources Department 13.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect. CITY OF PALM SPRINGS By: David Ready City Manager Page 3 of 4 APPROVED AS TO FORM: By: Douglas Holland, City Attorney Gary Jeandron Page 4 of 4 P p LM SA c U N F + c * AogPI E `91V c4`'FORN`P CITY COUNCIL STAFF REPORT DATE: NOVEMBER 16, 2005 CONSENT CALENDAR SUBJECT: PROPOSED EMPLOYMENT AGREEMENTS WITH POLICE CHIEF GARYJEANDRON FROM: David H. Ready, City Manager SUMMARY The City Council will consider authorizing the City Manager to execute three (3) employment agreements with Police Chief Gary Jeandron. RECOMMENDATION: Adopt Minute Order No. , Authorizing the City Manager to execute three employment contracts with Gary Jeandron to retain him as Police Chief until June 30, 2008 for a net savings to the General Fund of approximately $56,465 over the life of the contracts. STAFF ANALYSIS: The Chief of Police currently has 32 years of service with the Palm Springs Police Department which makes him eligible to retire under the CALPERS retirement system. However, based upon his performance, the City Manager has requested that he remain in his current position, and Chief Jeandron has indicated a willingness to do so. To effectuate this continued employment relationship, the City Manager is recommending that Council authorize the City Manager to execute a series of three contracts that will maintain Chief Jeandron until his new severance date with the city on June 30, 2008. To achieve this time table requires the Chief to forgo his retirement until June 30, 2007. After that time, in accordance with CALPERS rules governing retirees, two contracts will then cover his employment with the city from July 1, 2007 through June 30, 2008 as a contractual employee. In consideration for Chief Jeandron to remain with the department until June 30, 2008, it is proposed that his current salary be increased to reflect a median adjustment to Item No. 2. M . City Council Staff Report November 16, 2005-- Page 2 Police Chief Employment Agreements $151,000, an increase of $9,220. Additionally, he will receive "holiday in-lieu pay" of $7,550, which is a Police Management Bargaining Unit benefit that he gave up when he became Chief. This situation has created an inequity and compression issue in relation to the Captains and Lieutenants. While there will be a cost increase to the General Fund until he officially retires on June 30, 2007, thereafter until July 1, 2008 the city will accrue a net savings. a FISCAL IMPACT: IFinance Director Review: The fiscal impact of these contracts including benefits Oill cost the city an additional $28,889 in 2005/6 (from salary savings) and $28,889 ( 200617. Thereafter, when the Chief retires on June 30, 2007, he will no longer receive benefits until his separation as a contract employee on June 30, 2008, saving $114,154. The net savings for the entire period after the increases is $56,465. David H. Ready, City Matte .er'` Attachments: Proposed Agreements MINUTE ORDER NO. AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) EMPLOYMENT CONTRACTS WITH GARY JEANDRON TO RETAIN HIM AS POLICE CHIEF UNTIL JUNE 30, 2008 FOR A NET SAVINGS TO THE GENERAL FUND OF $56,465 OVER THE LIFE OF THE CONTRACTS. A , A , and A I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order, Authorizing the City Manager to execute three employment contracts with Gary Jeandron to retain him as Police Chief until June 30, 2008 for a net savings to the General Fund of $56,465 over the life of the contracts was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 16th day of November, 2005. James Thompson, City Clerk CONTRACT OF EMPLOYMENT OF CHIEF OF POLICE CITY OF PALM SPRINGS THIS CONTRACT is made and entered into, to become effective on November 2005, by and between the City of Palm Springs, hereinafter called "City," and Gary Jeandron, an individual, hereinafter called "Chief of Police" or "Employee," both of whom understand as follows: RECITALS A. City desires to contract for services of Gary Jeandron as Chief of Police of the City of Palm Springs; and B. It is the desire of the City to secure the services of Chief of Police and to provide certain benefits, establish conditions of employment and set working conditions for Chief of Police; and C. Gary Jeandron desires to perform as Chief of Police of City. AGREEMENT NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: Section 1: Duties. 1.1 The City hereby employs Gary Jeandron as Chief of Police of City to perform Chief of Police functions and duties as specified in the City of Palm Springs Job Classification, City Charter, Municipal Code, and Government Code of the State of California, a Department Head of the City reporting to the City Manager, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. 1.2 Unless otherwise directed by the City Manager, the services of Chief of Police shall be performed at the offices of City Police Department; provided, however, that City may require Chief of Police to travel temporarily to other locations to perform services for or on behalf of City. 1.3 Chief of Police will, to the best of his ability and experience, loyally and conscientiously perform all of the duties and obligations required of Chief of Police, either expressly or implicitly by the terms of this Contract. 2©7755 Contract of Employment—Chief of Police— City of Palm Springs Page 1 of 5 r Section 2: Compensation. 2.1 City agrees to pay Chief of Police an annual base salary of $151 ,000, payable in installments, and as may be adjusted from time to time, as that of all other executive management employees of City, retroactive to July 1, 2005. 2.2 City agrees to pay the Chief of Police with four hours per pay period for in lieu of holidays, retroactive to July 1, 2005. Section 3: Term of Employment. 3.1 Chief of Police shall continue in service as Chief of Police until June 30, 2007 at which time he will retire from City service. Upon retirement, the City and the Chief of Police through a separate agreement or agreements shall become effective through which the Chief of Police will provide services to the City as "Interim Chief of Police." 3.2 Chief of Police may terminate this Contract at any time without advance notice, for any reason, no reason, with or without cause, and in his sole discretion. The City Manager may terminate this Contract in accordance with the provisions of California Government Code section 3304(c). Nothing in this Contract shall be construed to create a property interest in the position of Chief of Police and each party hereby acknowledges that no such property interest otherwise exists. 3.3 Notwithstanding Section 3.2, City may terminate Chief of Police, without payment of severance pay, upon the occurrence of the following: A. Conviction of a felony or misdemeanor involving moral turpitude; or B. A determination by a court of competent jurisdiction, or the State of California Fair Political Practices Commission, that Chief of Police knowingly and unlawfully participated in a government decision in which he had a conflict of interest, as defined in California Government Code Sections 871000 et seq., or California Government Code Sections 1090 et seq.; or C. Voluntary termination of Contract by Chief of Police; or D. Material breach of contract by Chief of Police. Section 4: Benefits. 4.1 City agrees to provide and to pay the premiums for vision, dental, and comprehensive medical insurance for Chief of Police and his dependents in an amount equal to that which is provided to other City police management employees. 4.2 City agrees to put into force and to make required premium payments for long-term disability coverage for Chief of Police on the same terms available to all other City executive management employees. 207755 Contract of Employment— Chief of Police—City of Palm Springs Page 2 of 5 1 4.3 Except as otherwise expressly provided in this Agreement, the Chief of Police shall receive the same benefits as all other City executive management employees. 4.4 The Chief of Police shall be provided with the use of a city automobile. City shall provide Chief of Police with a cell phone for use in City business. 4.5 Chief of Police will continue to participate in the California Public Employees Retirement System ("CaIPERS"), in accordance with CalPERS contract with City, and to make all the appropriate contributions on Chief of Police's behalf, for both the City and employee's required share, consistent with existing practice for police management employees. Section 5: Performance Evaluation. 5.1 At least once annually, the City Manager and Chief of Police shall mutually define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainment of City policy objectives. Further, the City Manager and the Chief of Police shall establish a relative priority among those various goals and objectives to be reduced to writing with a mutual expectation of Chief of Police's achievement of those goals and objectives within a mutually agreed upon timeframe. The evaluations shall be conducted and completed generally about October 1 of each year, or as soon thereafter as practicable. 5.2 This annual review and evaluation shall be conducted in accordance with criteria established by the City Manager. Such criteria may be added to or deleted as the City Manager may from time to time determine is appropriate. 5.3 In his sole discretion, the City Manager shall be entitled to review the performance of Chief of Police on a more frequent basis, and without a written evaluation. Section 6: Police Powers. Chief of Police shall maintain all police powers as authorized under applicable California law during the term of this Contract. Section 7: Indemnification. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810 et seq., the City hereby agrees to defend, indemnify, and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Chief of Police is named as a party as a result of activities within the course and scope of his employment as Chief of Police. City reserves, however, the right to refuse to defend, indemnify, and pay damages for acts or omissions which were fraudulent, committed with actual malice, or otherwise outside the course and scope of his employment. Chief of Police agrees to cooperate in any and all litigation matters currently pending or which may be filed in the future against the City or Chief of Police, and Chief of Police shall cooperate with City's efforts in defending such litigation. City shall comply with the provisions of Government Code section 825, et seg. in determining whether any award of punitive damages awarded against Chief of Police shall be paid. 207755 Contract of Employment—Chief of Police—City of Palm Springs Page 3 of 5 } Section 8: Construction and Amendment. This Contract shall be governed by the laws of the State of California. This Contract may not be modified, altered or amended except in writing and signed by the City and the Chief of Police. Section 9: Recitals. The Recitals above are hereby incorporated into this section as though fully set forth herein and each party acknowledges and agrees that such Party is bound, for purposes of this Contract, by the same. Section 10: Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or sent by electronic transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: IF TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager IF TO CHIEF OF POLICE: To address on file with the City's Human Resources Department Either Party may, by written notice to the other, designate a different address, which shall be substituted for that specified above. Section 11: Miscellaneous. 11 .1 Outside Employment. Chief of Police shall devote his entire productive time, ability, and attention to the business of the City during the term of this Agreement. Outside employment is prohibited unless authorized by the City Manager. Nothing in this Agreement shall be construed as prohibiting the Chief of Police from serving as an elected member of the Palm Springs Unified School District Board nor shall his service thereon be deemed incompatible with his service as the Police Chief. 11.2 Authority to Enter Into Contracts. It is expressly agreed that Chief of Police shall have no right or authority at any time to make any contract or binding promise of any nature on behalf of the City, whether oral or written, without the express written consent, as appropriate, of the City Manageror the City Council. 11.3 Integration. This Contract supersedes any and all other Contracts and understandings, either oral or in writing, between City and Chief of Police with respect to the employment of Chief of Police by City. Each party to this Contract expressly 207755 Contract of Employment—Chief of Police —City of Palm Springs Page 4 of 5 acknowledges that no representations, inducements, promises or Contracts, 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 Contract, statement, representation or promise not contained in this Contract shall be of any force or effect. 11.4 Citv's Personnel Rules. The terms and conditions of Chief of Police's employment, including employment benefits of Chief of Police not specifically provided for in this Contract of Employment, shall also be governed by City's Personnel Rules, as amended from time to time, to the extent not inconsistent with the provisions of this Contract. In the event of any such inconsistency or conflict, the provisions of this Contract shall govern. CITY OF PALM SPRINGS By: David Ready City Manager APPROVED AS TO FORM: By: Douglas Holland, City Attorney Gary Jeandron 207755 Contract of Employment—Chief of Police—City of Palm Springs Page 5 of 5 r AGREEMENT RETAINING GARY JEANDRON AS INTERIM CHIEF OF POLICE FOR THE CITY OF PALM SPRINGS (July— December, 2007) THIS AGREEMENT ("Agreement") is entered into by and between the City of Palm Springs ("City") and Gary Jeandron (hereinafter referred to as "Gary Jeandron" or "Interim Chief of Police"), to be effective the 1 st day of July 2007, and is made in reference to the following facts. A. The City, by and through the City Council, desires to retain Gary Jeandron as the Interim Chief of Police of the City. B. Gary Jeandron desires to serve as the Interim Chief of Police of the City, pending City's selection of a permanent Chief of Police. THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 Appointment 1.1 The City confirms and ratifies the City Manager's appointment and retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions and duties specified in the City Charter generally associated with the position of Chief of Police, and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions and duties of Chief of Police specified in the City Charter of the City; the services generally associated with the position of Chief of Police; and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 2.0 Term of Agreement The term of this Agreement shall commence on January 1, 2008, and continue in full force and effect unless terminated with or without cause by either party by providing written notice thereof in accordance with paragraph 11.2 hereof, or until June 30, 2008. The parties hereby expressly understand and agree that the Interim Chief of Police's hours will not exceed 960 hours in the year 2007 in accordance with California Government Code section 21221. 3.0 Salary 3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00 per month to perform all of the services provided under this Agreement. The retainer is subject to adjustment at the discretion of the City Council. Page 1 of 4 3.2 The Interim Chief of Police shall keep and maintain detailed line item entries describing the Interim Chief of Police's work time on a daily basis, which shall be submitted on a monthly basis to the City's Finance Director. 3.3 The Interim Chief of Police shall not be entitled to receive any other benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. 4.0 Hours of Work It is recognized that the number of hours of work required of the Interim Chief of Police may vary from week to week and it is expected that the Interim Chief of Police will work 960 hours over the term of this Agreement. The Interim Chief of Police shall exercise his reasonable discretion in coordination with the City Manager in order to best accomplish the duties of Interim Chief of Police. 5.0 General Expenses The City agrees to reimburse the Interim Chief of Police for non-personal expenses reasonably and necessarily incurred by the Interim Chief of Police in the course and scope of performing his duties consistent with the provisions of all applicable laws. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. If any bond is required by City relating to the employment of the Interim Chief of Police, City shall be responsible for the cost of such bond. 6.0 Indemnification The City shall defend, save harmless and indemnify the Interim Chief of Police 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 the Interim Chief of Police duties. 7.0 Other Terms and Conditions The City Manager, in consultation with the Interim Chief of Police, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Interim Police Chief, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City's Charter, the City's Municipal Code, or any other applicable law. 8.0 Independent Contractor The City regards the Interim Chief of Police's services as unique and specialized. It is agreed that Interim Chief of Police shall act and be an independent contractor and Page 2 of 4 not an employee of the City. 9.0 Non-Liability of Council Members No City Council Member shall be personally liable to the Interim Chief of Police in the event of any default or breach by Council, and or City of Palm Springs, or for any amount, which may become due to the Interim Chief of Police. Interim Chief of Police's billed time shall be an obligation of the City of Palm Springs to the extent permitted by law. 10.0 Compliance with Law Interim Chief of Police shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement. 13.0 General Provisions 13.1 The text herein shall constitute the entire Agreement between the parties. The parties acknowledge that the Interim Chief of Police is neither covered by nor subject to the collective bargaining agreements between the City and its employees. 13.2 Any notices required by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows: IF TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager IF TO INTERIM CHIEF OF POLICE: To address on file with the City's Human Resources Department 13.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect. CITY OF PALM SPRINGS By: David Ready City Manager Page 3 of 4 APPROVED AS TO FORM: BY: Douglas Holland, City Attorney Gary Jeandron Page 4 of 4 r AGREEMENT RETAINING GARY JEANDRON AS INTERIM CHIEF OF POLICE FOR THE CITY OF PALM SPRINGS (January— June, 2008) THIS AGREEMENT ("Agreement") is entered into by and between the City of Palm Springs ("City") and Gary Jeandron (hereinafter referred to as "Gary Jeandron" or "Interim Chief of Police"), to be effective the 1st day of January 2008, and is made in reference to the following facts. A. The City, by and through the City Council, desires to retain Gary Jeandron as the Interim Chief of Police of the City. B. Gary Jeandron desires to serve as the Interim Chief of Police of the City, pending City's selection of a permanent Chief of Police. THEREFORE, IT IS AGREED AS FOLLOWS: 1.0 Appointment 1.1 The City confirms and ratifies the City Manager's appointment and retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions and duties specified in the City Charter generally associated with the position of Chief of Police, and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions and duties of Chief of Police specified in the City Charter of the City; the services generally associated with the position of Chief of Police; and other legally permissible and proper duties and functions as the City Manager may, from time to time, assign. 2.0 Term of Agreement The term of this Agreement shall commence on January 1, 2008, and continue in full force and effect unless terminated with or without cause by either party by providing written notice thereof in accordance with paragraph 11.2 hereof, or until June 30, 2008. The parties hereby expressly understand and agree that the Interim Chief of Police's hours will not exceed 960 hours in the year 2008 in accordance with California (Government Code section 21221. 3.0 Salary 3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00 per month to perform all of the services provided under this Agreement. The retainer is subject to adjustment at the discretion of the City Council. Page 1 of 4 3.2 The Interim Chief of Police shall keep and maintain detailed line item entries describing the Interim Chief of Police's work time on a daily basis, which shall be .submitted on a monthly basis to the City's Finance Director. 3.3 The Interim Chief of Police shall not be entitled to receive any other benefits of employment provided to City's regular employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. 4.0 Hours of Work It is recognized that the number of hours of work required of the Interim Chief of Police may vary from week to week and it is expected that the Interim Chief of Police will work 960 hours over the term of this Agreement. The Interim Chief of Police shall exercise his reasonable discretion in coordination with the City Manager in order to best accomplish the duties of Interim Chief of Police. 5.0 General Expenses The City agrees to reimburse the Interim Chief of Police for non-personal expenses reasonably and necessarily incurred by the Interim Chief of Police in the course and scope of performing his duties consistent with the provisions of all applicable laws. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. If any bond is required by City relating to the employment of the Interim Chief of Police, City shall be responsible for the cost of such bond. 6.0 Indemnification The City shall defend, save harmless and indemnify the Interim Chief of Police 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 the Interim Chief of Police duties. 7.0 Other Terms and Conditions The City Manager, in consultation with the Interim Chief of Police, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Interim Police Chief, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City's Charter, the City's Municipal Code, or any other applicable law. 8.0 Independent Contractor The City regards the Interim Chief of Police's services as unique and specialized. It is agreed that Interim Chief of Police shall act and be an independent contractor and Page 2 of 4 not an employee of the City. 9.0 Non-Liability of Council Members No City Council Member shall be personally liable to the Interim Chief of Police in the event of any default or breach by Council, and or City of Palm Springs, or for any amount, which may become due to the Interim Chief of Police. Interim Chief of Police's billed time shall be an obligation of the City of Palm Springs to the extent permitted by law. 10.0 Compliance with Law Interim Chief of Police shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government in the performance of the duties, which are the subject of this Agreement. '13.0 General Provisions 13.1 The text herein shall constitute the entire Agreement between the parties. The parties acknowledge that the Interim Chief of Police is neither covered by nor subject to the collective bargaining agreements between the City and its employees. 13.2 Any notices required by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows: IF TO CITY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager IF TO INTERIM CHIEF OF POLICE: To address on file with the City's Human Resources Department 13.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect. CITY OF PALM SPRINGS By: David Ready City Manager Page 3 of 4 APPROVED AS TO FORM: By: Douglas Holland, City Attorney Gary Jeandron Page 4 of 4