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INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK A-2023-219 DATE: INTERIM CITY MANAGER AGREEMENT WITH THOMAS HATCH 0: itR-(°) This Employment Agreement ("Agreement") is made and entered into as of November C �.FIG�Jzraa)PA 21, 2023, by and between the City of Santa Ana ("City") a Charter city and California municipal corporation, and Thomas R. Hatch ("Retiree") an individual, on the terms and conditions contained herein. City and Retiree are sometimes referred to in this Agreement individually as "Party" and collectively as "Parties." RECITALS A. City desires to employ the services of Retiree as its Interim City Manager to carry out the duties and responsibilities of the City Manager position as provided for by the Santa Ana City Charter and Municipal Code, and applicable state law, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. B. Retiree desires to accept employment as Interim City Manager in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. C. Retiree's employment is authorized by Government Code Sections 7522.56 and 21221(h), which permit the City Council to appoint a California Public Employees' Retirement System ("CalPERS") retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provide that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits, so long as it is a single appointment that does not exceed 960 hours in a fiscal year, inclusive of all hours worked for other all CalPERS employers, unless an exception applies. D. The City Council appointed Retiree as Interim City Manager at its November 21, 2023 meeting, as required pursuant to Government Code Section 21221(h). E. Retiree represents that he is a retired annuitant of CalPERS within the meaning of Government Code Sections 7522.56 and 21221(h) ("Statutes") and acknowledges that his compensation is statutorily limited as provided in Government Code Section 21221(h). With the execution of this Agreement, Retiree affirms that he has not received unemployment compensation from any CalPERS Agencies during the 12-month period preceding the effective date of this Agreement. F. The City has determined that it is necessary to hire Retiree, a CalPERS retiree, because the position of Interim City Manager requires special skills, and Retiree, by virtue of his significant experience as city manager has those special skills. OPERATIVE PROVISIONS In consideration of the promises and covenants contained herein, the Parties agree as follows: Interim City Manager Agreement 1