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HomeMy WebLinkAboutVan Der Maaten, Dennis J; 2001-08-13;Temporary Employment Agreement (Interim Fire Chief- Dennis J. Van Der Maaten) This Tempo&y Employment Agreement (“Agreement”) is made and entered into this 13TH day of Aug. 2001, by and between the City of Carlsbad, a t?wniCipal corporation (“City”), and Dennis J. Van Der Maaten (“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 fire chief on a temporary basis. C. Employee has the necessary skills needed to perform interim fire chief services. D. Employee is willing 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. Aqreement To Employ And Be Employed. City hereby temporarily employs Employee as the Interim Fire Chief 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 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 Emplovee’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 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. 4. Duration Of Employment. The term of employment shall be for a period of three (3) months from the date first above written. The City Manager may amend this Agreement to extend it for three (3) additional three (3) month periods based upon a satisfactory review of Employee’s performance, City needs, and, if applicable, appropriation of funds by the City Council. Employee shall not work more than four hundred and ninety (490) hours without the approval of the City Council and in no event shall Employee work more than nine hundred sixty hours (960) hours per calendar year, without or without City Council approval. 5. Hours of Employment. Employee will generally work from between twenty-four (24) to thirty (30) hours per week and the City Manager may, as necessary, authorize Employee to work up to forty (40) hours per week. 6. Compensation: Reimbursement. City shall pay Employee and Employee agrees to accept from City, in full payment for Employee’s services hereunder, compensation at the rate of sixty-one dollars ($61 .OO) per hour, subject to all applicable withholdings and deductions. With regard to retirement withholdings, Employee shall choose between Social Security and the City’s 457 Qualifying Retirement Plan (Lincoln National Life). 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. City shall provide Employee with an automobile and City gas card for use related to Employee’s services pursuant to this Agreement. 7. Additional Benefits. Employee shall receive no benefits or additional consideration other than those expressly set forth in this Agreement. 8. Nondisclosure Of Information Concerninq 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. 9. Termination. The City Manager may, in his 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 court- approved settlements, actually and necessarily incurred by Employee in connection with the defense of any action, suit or proceeding and in 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 court-approved settlements, 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. Bondinq. 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 Bindinq 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 Aqreement. 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 name 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 as follows: Citv: For For Employee: City Manager Dennis J. Van Der Maaten City of Carlsbad 7347 El Fuerte Street 1200 Carlsbad Village Drive Carlsbad, CA 92009 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. Notices shall be deemed given as of the date of personal service, or upon date of deposit with the United States Postal Service. 16. Conflict Of Interest. Employee will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700 published by the Fair Political Practices Commission. 17. Severability. If any provision of this 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: CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: