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HomeMy WebLinkAboutHowell, James; 2014-02-12;Temporary Employment Agreement INTERIM PUBLIC WORKS DIRECTOR - JAMES HOWELL "HIS AGREEMENT is made and entered into as of the /^S^^ day of , 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and James Howell ("Employee"). RECITALS A. City is engaged in the practice of municipal government and maintains its business premises in the City of Carlsbad, California. B. City requires the services of an interim Public Works Director on a limited term, temporary basis. C. Employee has the specialized skills needed to perform the needed work. D. Employee is wilting to be employed, on a temporary basis, by City, and City is willing to employ Employee on the terms and conditions hereinafter set forth. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties. City and Employee agree as follows; 1. AGREEMENT TO EMPLOY AND BE EMPLOYED City hereby temporarily employs Employee as the Interim Public Works Director for the City of Carlsbad, and Employee hereby accepts and agrees to such temporary employment. 2- DESCRIPTION OF EMPLOYEE'S DUTIES Subject to the supervision and pursuant to the orders, advice, and direction of the City Manager or his/her designee of the City of Carlsbad ("City Manager"), Employee shall perform such duties as are customarily performed by one holding such position in other jurisdictions of similar size or situation as City. Employee shall additionally render such other and unrelated services as City Manager may assign from time to time. 3. MANNER OF PERFORMANCE OF EMPLOYEE'S DUTIES Employee shall at all times faithfully, industriously, and to the best of his ability, experience, and talent, perform all duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of City. Such duties shall be rendered in the City of Carlsbad and at such other place or places as the City Manager or his/her designee shall in good faith require or as the interests, needs, business, and opportunities of City shall require or make advisable. Employee represents to City that he has no other outstanding commitments inconsistent with any of the terms of this Agreement or the services to be rendered under it. City Attorney Approved Version 1/30/13 4. DURATION OF EMPLOYMENT Subject to Paragraph 9 below, the term of employment shall be for a period of up to twelve (12) months from the date first above written, based upon a satisfactory review of Employee's performance. City needs, and, if applicable, appropriation of funds by the City Council. However, under no circumstances shall Employee exceed nine hundred sixty (960) hours in any fiscal year (Fiscal Year is July 1 to June 30) for the City of Carlsbad and in the event that Employee provides services for any other CalPERS agency, Employee shall not exceed 960 hours in the aggregate, per fiscal year period, for all CalPERS agencies. 5. HOURS OF EMPLOYMENT Subject to the limitations set forth in Paragraph 4 above. Employee will generally work forty (40) hours per week or as directed by the City Manager or designee. 6. COMPENSATION: REIMBURSEMENT City shall pay Employee and Employee agrees to accept rom City, in full payment for Employee's services hereunder, compensation at the rate of ninety-one dollars ($91.00) per hour, subject to all applicable withholdings and deductions. With regard to retirement withholdings. Employee shall participate in the City's 457 Qualifying Retirement Plan (Apple). In addition to the foregoing. City will reimburse Employee for any and all necessary, customary, and usual expenses incurred by him while traveling for and on behalf of the City pursuant to City's directions. 7. ADDITIONAL BENEFITS Employee shall receive no benefits or additional consideration other than those expressly set forth in this Agreement. 8. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS Employee will not at any time, in any fashion, form, or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any privileged or confidential information concerning any matters affecting or relating to the business of City. It is expressly understood and agreed that this provision shall survive for a period of five (5) years beyond the termination date of this Agreement. 9. TERMINATION Employee acknowledges and agrees that he is an "At-Will" employee of the City of Carlsbad. The City Manager may, in his/her sole discretion, terminate the services of Employee, which termination shall be effective immediately upon delivery to Employee of written notice thereof. Employee may, upon thirty (30) days prior written notice terminate this Agreement with City. 10. INDEMNIFICATION City shall, to the maximum extent permitted by law, indemnify and hold Employee harmless for any acts or decisions made in good faith while performing services for City. To the same extent. City will pay, and subject to any legal limitations, advance all expenses, including reasonable attorney fees and costs, of all claims, settlements, and/or judgments, actually and necessarily incurred by Employee tn connection with the defense of any action, suit or proceeding and in City Attorney Approved Version 1/30/13 connection with any appeal, which had been brought against Employee by reason his service as an officer or agent of City. Employee shall, to the maximum extent permitted by law, indemnify and hold City harmless for any acts or omissions made by Employee outside the scope of services set forth in this Agreement. To the same extent. Employee will pay, and subject to any legal limitations, advance all expenses, including reasonable attorney fees and costs, of all claims, settlements, and/or judgments, actually and necessarily incurred by City in connection with the defense of any action, suit or proceeding and in connection with any appeal, which had been brought against City by reason of Employee's acts or omissions taken outside the scope of this Agreement. 11. BONDING City shall bear the full cost of any insurance and/or bonds, including but not limited to fidelity bonds, which may be required of Employee pursuant to any applicable law or ordinance. 12. EMPLOYEE'S COMMITMENTS BINDING ON CITY ONLY ON WRITTEN CONSENT Employee shall not have the right to make any contracts or other commitments for or on behalf of City without the written consent of the City Manager. 13. ENTIRE AGREEMENT This Agreement embodies the entire agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 14. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 15. NOTICES The names of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Employee under this Agreement are as follows: For Citv: For Emplovee: City Manager, City of Carlsbad James Howell 1200 Carlsbad Village Drive 2333 Carioca Place Carlsbad, CA 92008 Vista, CA 92084 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Employee shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 1/30/13 17. SEVERABILITY If any provision of the Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. Executed by the parties as of the day and year first above written. EMPLOYEE: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California By: Asst.jfa*Ct City Manager ATTEST: ^ it .• t "2^ *-^- - ^ >- :i Assistant City Attorney BARBARA ENGLESON, City Cler City Attorney Approved Version 1/30/13