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2024-25 Contreras-Borgetti, Harold - Maintenance WorkerMEMORANDUM 40idgrai i::lE.lEl)H.NE.1 DATE: June 27, 2024 TO: Jon McMillen, City Manager FROM: Lisa Chaudhry, HR Technician RE: Temporary Employment Agreement with Harold Contreras Borgetti for M&O Worker effective 07/01/2024. Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: Approved by City Council on City Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Pursuant to Personnel Policy Section 3.2, the City Manager may approve temporary position without prior Council approval. Procurement Mets [one must apply) Bid RFP RFQ 3 written informal bids Sole Source Select Source Cooperative Procurement Requesting department shall check and attach the items below as appropriate: 201-7003-50251 Agreement payment will be charged to Account No.: Agreement term: Start Date 07/01/2024 End Date 06/30/2025 Amount of Agreement, Amendment, Change Order, etc.: $ N/A REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! nInsurance certificates as required by the Agreement for Risk Manager approval Approved by: N/A Date: Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. N/A Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) TEMPORARY EMPLOYMENT AGREEMENT WITH HAROLD CONTRERAS BORGETTI This TEMPORARY EMPLOYMENT AGREEMENT ("Agreement") is made and entered into this 1st day of July 2024, ("Effective Date"), by and between the City of La Quinta, a public body ("City"), and Harold Contreras Borgetti, an individual ("Employee"), both of whom understand as follows: City and Employee agree as follows: Section 1. Duties. City hereby agrees to employ said Employee as Maintenance & Operations Worker on a temporary status. Employee agrees to perform the duties under this Agreement as described in Exhibit A attached hereto. Section 2. Term. A. Temporary employment shall commence on July 1, 2024, which shall also be deemed the effective date of this Agreement and will terminate on June 30, 2025. B. Employee is "AT WILL" serving at the pleasure of the City Manager and subject to summary dismissal without any right of pre- or post -termination hearing, or any other form of due process, including any Skelly hearing. C. Both Employee and the City may terminate Employee's employment at any time, for any reason, with or without cause, upon written notice to the other. Employee is not entitled to receive any severance compensation, other than the wages due to the Employee through the last day of Employee's employment. Section 3. Salary. A. City agrees to pay Employee at a rate of $24.30 per hour for the performance of the duties described in Exhibit A for the term of the agreement. B. City agrees to pay Employee overtime for time worked more than forty (40) hours in a work week. All overtime worked by the Employee must be approved in advance by the Employee's supervisor. C. Compensation shall be paid by the City bi-weekly and will be subject to City withholdings. Section 4. Hours of Work. A. The Employee's work schedule will vary according to the needs of the City. The City agrees to provide two weeks' notice for any work schedule changes. B. City does not guarantee a minimum of work hours per day, workweek or workdays within a workweek. Page 1 of 4 Section 5. Benefits. Employee is not eligible to participate in the City's Employee Benefit Plan except as otherwise required by law, including but not limited to the Affordable Care Act. Section 6. Other Terms and Conditions of Employment. A. This agreement shall be governed by the laws of the State of California. B. The City will comply with all CaIPERS laws, regulations, and legislations. C. The Employee agrees and acknowledges that they will comply with the City's Personnel Policies and Procedures (excluding Section 2.3, 7.3, 7.5 and Sections 3, 4, 6, 8, 10, 11, 13, and 14), as well as any other rules, policies, and procedures relating to the Employee's job duties and/or responsibilities. D. The Employee agrees to not disclose any confidential information regarding the City, or any persons employed by the City to anyone outside the City during and after the term of the Employee's employment with the City. E. Immediately upon termination of this Agreement, the Employee agrees to return all equipment or documents relating to City business to the Human Resources Division. Section 7. General Provisions. A. This Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. This Agreement may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be treated as originals. Page 2 of 4 IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be dated, signed and executed in its behalf by its City Manager, and duly attested by its City Clerk, and the Employee has dated, signed and executed this Agreement, both in duplicate, to become effective as of the Effective Date. CITY OF LA QUINTA, a California municipal corporation and charter city: JON M LEN, CITY MANAGER ATTEST: MONIKA RADEVA CITY APPROVED AS TO FORM: WILLIAM H. IHRKE, CITY ATTORNEY EMPLOYEE: HAR LD CON RERAS BORGETTI Date: Date: Bate: -7 f 2/u)24 7/02/pLoay 2©Z4 -f Date: 06 /z.6 Page 3 of 4 Exhibit A Duties and Responsibilities • Installs street barricades, traffic cones, and signage for lane closures; control traffic around work sites and special events to ensure safe conditions for the public and City workers. • Inputs/scans data into computerized systems; records information on logs and records. • Maintains, repairs, and operates equipment, vehicles, and tools; keeps tools and equipment in clean and safe working condition. • Monitors facilities, property, and equipment for needed maintenance and repairs; responds to requests/complaints from the public; provides customer service. • Operates and maintains vehicles and a variety of light equipment; performs the safe operation of all equipment on work sites. • Performs a wide variety of basic, general labor maintenance work such as carpentry, painting, graffiti removal, tiling, masonry, plumbing, mechanical and electrical; performs custodial and cleaning work. • Performs construction, maintenance, and repair activities within assigned areas of City infrastructure to ensure safe and efficient access for the public. • Performs parks, street, sidewalk, curb, gutter, and right-of-way maintenance; mixes, pours, lays, and finishes concrete; paves and repairs potholes. • Performs training of new employees in work duties and procedures as assigned. • Performs weed and pest abatement at City properties and along rights-of-way. • Responds to public questions, complaints, and inquiries and elevates to appropriate level as necessary. • Transports materials and equipment to and from work sites; drives equipment on roads and/or utilizes trailers for transport. • Installing, repairing, removing, and replacing street signs. • Painting street signs, buildings, walls, curbs, and pavement. • Performing a variety of duties in the maintenance of drainage structures to ensure efficient drainage, including monitoring, repairing, and replacing stormwater infrastructure, patrolling tide areas, and opening and closing tide valves along assigned routes. • Removing hazardous materials from streets and bike lanes. • Trimming trees to ensure street signs are visible. • Performs related duties as assigned. 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