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HomeMy WebLinkAbout104-98 01110° • •00 RESOLUTION NO. 104-98 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AN AGREEMENT WITH THE LOS ALTOS HILLS COUNTY FIRE DISTRICT REGARDING SERVICES PROVIDED BY JEANNE EVILSIZER WHEREAS, the Town currently employs Jeanne Evilsizer on a part-time basis as the Building Secretary, providing a benefits package as referenced in the Town's Personnel Policy Manual; and WHEREAS, the District currently contracts with Jeanne Evilsizer on a part- time basis as the Secretary/Clerk of the District and wishes to provide a similar benefits package as available from the Town; and WHEREAS, the Town and District have determined that the most cost- effective way of providing the desired benefits package to Jeanne Evilsizer is to contract with the Town for services provided from her employ; NOW THEREFORE, the City Council of the Town of Los Altos Hills does approve the Agreement between the Town and the Los Altos Hills County Fire District attached hereto. REGULARLY passed and adopted this 4th day of November, 1998. / Mayor ATTEST: City Clerk • �► N AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND THE LOS ALTOS HILLS COUNTY FIRE DISTRICT REGARDING SERVICES PROVIDED BY JEANNE EVILSIZER This Agreement is made this 4th day of November, 1998, by and between the TOWN OF LOS ALTOS HILLS, ("Town" ) and the LOS ALTOS HILLS COUNTY FIRE DISTRICT, ("District" ) , regarding the services provided to each entity by Jeanne Evilsizer ( "Evilsizer") . RECITALS The following recitals are a substantive part of this Agreement : A. The Town currently employs Evilsizer on a part-time basis as the Building Secretary. The Town also provides certain health and welfare benefits to Evilsizer. B. The District currently contracts for the services of Evilsizer on a part-time basis as the Secretary/Clerk of the District . The District wishes to provide certain health and welfare benefits to Evilsizer. C. The Town and District have determined that the logical, most cost-effective way of providing health and welfare benefits to Evilsizer is for the District to contract with the Town for Evilsizer' s services, and to pay a pro-rata share of costs associated with Evilsizer' s employment by the Town. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS : 1 . Term of Agreement . This Agreement shall cover services rendered from October 1, 1998, until this Agreement is terminated as set forth in Section 5 below. 2 . Employment Status . Evilsizer shall become a full-time employee of the Town. The District hereby contracts with the Town for Evilsizer' s services in accordance with this Agreement . Evilsizer shall not be considered an employee of the District for 1 3\lah\agm\evil.agm i .! any purpose. While performing services for the District, Evilsizer shall be considered an employee of the Town. 3 . Services to be Provided. a. Scope of Services . Evilsizer shall work for the - District sixteen (16) hours per week. The Town and District shall each retain the right to assign work to Evilsizer, and to control her work product . Evilsizer shall work for the Town twenty-four (24) hours per week. b. Work Schedule/Site. The Town and District shall each establish the precise working hours and site of work for Evilsizer. The Town shall schedule Evilsizer' s hours on Wednesdays, Thursdays and Fridays; the District shall schedule Evilsizer' s hours on Mondays and Tuesdays. The precise amount and schedule of such working hours are left to the discretion of each entity. The site of work is left to the discretion of each entity. 4 . Salary, Benefits and Miscellaneous Expenses . a. Salary. The Town shall pay Evilsizer' s current full- time salary as shown on Exhibit A attached hereto. The Town shall be responsible for withholding and payment of all employment taxes . The District agrees to pay the Town two-fifths of said salary amount in accordance with Paragraph 4 (e) below. The Town reserves the discretion to establish Evilsizer' s salary. The Town and the District may, but are not obligated to, discuss the establishment of such salary. b. Overtime. Should overtime be incurred by Evilsizer, each entity shall pay for such overtime as it has required. For purposes of determining overtime, if the District requires Evilsizer to work over sixteen (16) hours in one week, and this results in overtime liability, the overtime costs shall be billed to the District . If the Town requires Evilsizer to work over twenty-four (24) hours in one week, and this results in overtime liability, the overtime costs shall be billed to the Town. c . Benefits . The Town shall provide Evilsizer with the current health and welfare benefits as shown on Exhibit A attached hereto. The District agrees to pay the Town two-fifths of said 2 3\lah\agm\evil.agm 411 14 benefit costs in accordance with Paragraph 4 (e) below. The Town reserves the right to establish benefits for Evilsizer. d. Miscellaneous Expenses . The costs of preparation of this Agreement and any addenda thereto shall be paid by the District . The District shall pay the Town an administrative processing fee of seventy-five dollars ($75 . 00) -per month during the term of this Agreement . e. Payment . The Town shall bill the District for the District' s share of Evilsizer' s salary and benefits, and any miscellaneous costs, within thirty (30) days following the end of the month in which Evilsizer accrues or is paid such salary and benefits, or such costs are incurred. The District shall pay the Town within forty-five (45) days from receipt of such invoice. f. Records of Expense. The Town shall keep accurate records of salary, health and welfare benefits paid to Evilsizer or to any third entity on Evilsizer' s behalf, and any other associated expenses . These records will be made available to the District upon request . _ 5 . Termination. Town and District shall each have the right to terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party. Upon termination of this Agreement, all rights of the parties hereto shall terminate, except as to payment for Evilsizer' s services performed prior to such termination and subject tothe provisions of this Agreement . 6 . Hold Harmless; Liability. The Town agrees to indemnify, defend, and hold harmless the District and its officers, agents, and employees from any and all ' claims, liabilities, costs or expenses, or damages of any nature, including attorneys' fees, including but not limited to injury or death of any person, or _ damage to property, or interference with use of property, arising out of, or in connection with, the performance of the services under this Agreement by Evilsizer. 7 . Insurance Requirements . - a. Liability. The Town shall cover Evilsizer under its insurance policies . All insurance required by this Agreement shall be carried only by responsible insurance companies licensed to do 3 3\lah\agm\evil.agm • • business in the United States, which shall name as additional insureds for purposes of Evilsizer' s duties for the District, the . District' s elected officials, employees, agents and representatives . All policies shall contain language to the effect that : (1) The insurer waives the right of subrogation against the District and its elected officials, officers, employees, agents, and representatives; (2) insurance shall be primary noncontributing as to the District and any other insurance carried by the District shall be excess over such insurance; and (3) insurance shall not be canceled nor shall the limits of the insurance be decreased except after thirty (30) days' notice by the insurer to the District by certified mail . The Town shall furnish the District with copies of all such endorsements promptly upon request . b. Workers' Compensation Insurance. The Town shall maintain workers' compensation insurance in the amount required by law for Evilsizer. c. Insurance Amounts . The Town shall maintain comprehensive, broad form, general public liability, and automobile insurance against claims and liabilities for personal injury, death, or property damage, providing protection of at least $1, 000 , 000 for property damage, bodily injury, or death for any one accident or occurrence, and at least $2, 000, 000 aggregate. 8 . Non-Liability of Officials and Employees of the Town. No official or employee of Town or District shall be personally liable for any default or liability under this Agreement . 9 . Non-Discrimination. The Town and District mutually covenant there shall be no discrimination based upon race, color, creed, religion, gender, sexual orientation, marital status, age, disability, national origin, or ancestry, in any activity pursuant to this Agreement . 11 . Compliance with Law. Town and District shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government . 12 . Ownership of Work Product and Confidential Nature. All documents or other information developed or received by Evilsizer shall be the property of whichever entity developed or received the documents or other information. 4 3\lah\agm\evil.agm • 13 . Notices . Notices shall be in writing and delivered personally, or by U. S . mail, postage prepaid, via fist class mail, to the addresses listed below. TOWN: City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94028 DISTRICT: Board President Los Altos Hills County Fire District P.O. Box 1766 Los Altos, CA 94023 Notice shall be deemed communicated on the earlier of actual receipt or date of delivery as shown on the deliverer' s receipt or forty-eight (48) hours after deposit in the U.S . mail . 14 . Limitation Upon Subcontracting and Assignment . Neither this Agreement nor any portion shall be assigned without prior written consent by Town and District . 15 . Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by subsequent mutual written agreement executed by Town and District . 16 . California Law. This Agreement shall be construed in accordance with the laws of the State of California. 17 . Interpretation. This Agreement shall be interpreted as though prepared by both parties . 18 . Severability. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. 5 3\lah\agm\evil.agm 410 4 . • 19 . Attorneys' Fees . In any legal action or proceeding brought for enforcement of this Agreement, the successful party shall be entitled to recover reasonable attorneys' fees and other costs incurred in addition to any other relief to which the successful party may be entitled. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year shown below. DATED: November 4, 1998 TOWN OF LOS ALTOS HILLS ATTEST: - By: City Clerk Mayor APPROVED AS TO FORM: Specia ' own Counsel DATED: gc/o/e/-(0157 LOS ALTOS HILLS COUNTY FIRE DISTRICT ATTEST: • • By: ,"/ iistrict Clerk Of Board Pfesident APPROVED AS. TO FORM: Special Distr ct ounsel 6 3\lah\agm\evil.agm • • I. Exhibit A Town of Los Altos Hills Salary and Benefits Calculation (Monthly Estimate) Jeanne Evilsizer 11/1/98 Salary 3,554.00 (includes vacation*of 20 days/yr., 12 listed holidays,and 8 hours sick leave/month.) Benefits: Retirement- Employer share (9.897 %) 351.74 Employee share (7.0 %) 248.78 Health Insurance* 336.44 Dental 66.67 Life,AD&D 15.05 Long Term Disability 41.58 4,614.26 To the extent that vacation time accrued exceeds the vacation time taken, there is a cost to the employer. The Town books this accumulated cost each year, and the Fire District will retain 40% of this cost. Sick leave hours are accrued, but there is no cost to the employer for sick leave accrued but not used. There will be no cost to the Fire District for vacation or sick hours paid if they exceed the hours accrued after 11/1/98. Such hours will be charged to the vacation hours accrued to the Town prior to the agreement. *Due to an increase in coverage and premiums,this expense will increase to$457.94 as of 1/1/99. • • Exhibit A (Cont.) Town of Los Altos Hills Application of Employee Benefits, Full Time Employee Jeanne Evilsizer Please refer to the attached discussion of employee benefits, as adopted by the City Council on June 17, 1998: p. 4 - Since Jeanne has been an employee of the Town for 22 years, she will accrue 20 days of vacation annually. p. 5 - This type of agreement does not lend itself to Comp time as a vehicle for compensating hours of overtime. Overtime must be paid to Jeanne in the pay period that she works it, so that it can be charged to the proper agency. p. 6 -Although not previously entitled to overtime pay (because of her part-time status of less than 40 hours per week), Jeanne will be paid for any hours over 40 hours per week at a rate of 1 %2 times her regular rate of pay. p. 8 - Jeanne's current health plan premium is $336.44 per month. In the past,the Town has paid 60% of the premium; full coverage will now be provided. The premium cost will increase to $457.94 on 1/1/99. p. 10 -Based on Jeanne's current salary of$3,554 per month, she will be provided $43,000 of Life and AD&D insurance coverage, at(current)monthly premiums of$.00031 and $.00004 per dollar of coverage, respectively. p. 11 - The Town's Long Term Disability Insurance coverage comes at a monthly premium of $.0117 times the monthly salary. p. 14 - The Town pays the employer's share of PERS retirement contributions at the current rate of 9.897% of employee earnings. This rate changes each year. Ca1PERS calculates the rate for each agency based on actuarial determinations as affected by the agency's employment/retirement history,benefits allowed in the agency's contract, market returns on PERS investments, etc. I can provide to you the rates paid by the Town for the last 15 years or so. Jeanne will continue to be covered under the Town's Workers' Compensation program with ABAG at no additional cost to the Fire District. Deferred Compensation and the Credit Union availability are at the employee's option; there is no cost to the employer for either of these. She will have full availability of the Employee Assistance Program, at no expense to the District, once the program is established.