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HomeMy WebLinkAbout12/20/2006 - STAFF REPORTS - 2.H. CONTRACT OF EMPLOYMENT OF DIRECTOR OF PARKS AND RECREATION CITY OF PALM SPRINGS THIS CONTRACT is made and entered into, to become effective on January 22, 2006, by and between the City of Palm Springs, a municipal corporation, hereinafter called "City" and Sharon G. Heider, an individual, hereinafter called "Director of Parks and Recreation," both of whom understand as follows: A. City desires to contract for services of Sharon G. Heider as Director of Parks and Recreation of the City of Palm Springs; and B. it is the desire of the City to continue to receive the services of the Director of parks and Recreation and to provide certain benefits, establish conditions of employment, and set working conditions for the Director of Parks and Recreation; and C. Sharon B-.G. Heider desires to perform the duties of the Director of parks and Recreation for the—city. NOW, THEREFORE, in consideration of mutual covenants contained in this Agreement, the parties agree as follows: Section 1: Duties. 1.1 City hereby employs Sharon G. Heider as Director of Parks and Recreation of City to perform Director of Parks and Recreation functions and duties as specified in the City of Palm Springs Job Classification, City Charter, Palm Springs Municipal Code, and Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. 1.2 Unless otherwise directed by the City Manager, the services of Director of Parks and Recreation shall be performed at City Hall, provided, however, that City may require Director of Parks and Recreation to travel temporarily to other locations to perform services for or on behalf of City. 1.3 Director of Parks and Recreation will, to the best of her ability and experience, loyally and conscientiously perform all of the duties and obligations required of Director of Parks and Recreation, either expressly or implicitly by the terms of this Contract. Section 2: Compensation and General Provision for Benefits 2.1 City agrees to pay Director of Parks and Recreation an annual base salary of $117,168.00 payable in installments at the same time that the other executive management employees of City are paid. 192559.3(Revl�ed) Contract of Employment— Director of Parks and Recreation — City of Palm Springs Page 1 of 5 A y pO6 .'' 2.2 Director of Parks and Recreation shall be entitled to the same benefits as other executive management employees, including annual adjustments to salary, on the same terms and conditions applicable to all other executive management employees. Section 3: Term of Employment. 3.1 Director of Parks and Recreation shall commence service as Director of Parks and Recreation on or before January 22, 2006 and shall continue to perform such services until this Agreement is terminated as provided in this Section. 3.2 Either the City Manager or Director of Parks and Recreation may terminate this Contract at any time without advance notice, for any reason, no reason, with or without cause, and in their sole discretion. 3.3 In the event the City Manager terminates this Contract as provided in Section 3.2, Director of Parks and Recreation shall have no right to an appeal or grievance procedure, as the Parties acknowledge and agree that she serves at the p0easure of the City Manager. In consideration therefore, and except as provided in Section 3.4 below, upon termination pursuant to this Section 3.3, City shall pay Director of Parks and Recreation severance pay in an amount equal to four (4) months of her then current salary. 3.4 Notwithstanding Section 3.3, City Manager may terminate Director of Parks and Recreation, without payment of severance pay, upon the occurrence of the following: A. Conviction of a felony or misdemeanor involving moral turpitude; or B. A determination by a court of competent jurisdiction, or the State of California Fair Political Practices Commission, that Director of Parks and Recreation knowingly and unlawfully participated in a government decision in which she had a conflict of interest, as defined in California Government Code Sections 871000 et seq., or California Government Code Sections 1090 et seq.; or C. Voluntary termination of Contract by Director of Parks and Recreation; or D. Gross misconduct, malfeasance, or gross negligence in the performance of her duties under this contract. Section 4: Other Benefits. 4.1 Automobile. The Director of Parks and Recreation shall be provided with either an automobile allowance of no more than Four Hundred and Fifty Dollars ($450.00) per month or, at the discretion of the City Manager, the use of a City-owned vehicle for business purposes only (Non Take Home). 4.2 Relocation Expenses. City further recognizes that certain expenses related to Director of Parks and Recreation's relocation are appropriate and desirable in order to secure her timely relocation and ability to assume her responsibilities at the earliest feasible date. he-City-w44e+mb�rrse Direeta�o€Pars R reatinta#e up to 102558 3(Revised) Contract of Employment— Director of Parks and Recreation —City of Palm Springs Page 2 of 5 91,000 to e . the reaSenable costs of the nl...e1,.. ..f P-ar " and Reer.atien's +...,,..I ne �e , 4 . -Ire lr --I'; y +h +., +.; � f..,., h Fi�111 he, eur-rent-resid�e I�etel-exl,,..,T.,,.., ng-no-mor r_ in lr.hh,-. (`..Ilf.....1.. F.. vlm--,Sp aFt of her ..FItIr���tn—+"...ely -�#eG-` I-e. v--cirrn.. -r r.-+1..eatien and seeure-tempeFaFy and''OF ^ t^ -heusi^9 The City will pay Director of Parks and Recreation's moving costs in an amount not to exceed $2,500,00. Section 5: Performance Evaluation, 5.1 At least once annually, the City Manager, the Assistant City Manager, and Director of Parks and Recreation shall mutually define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainment of City policy objectives. Further, the City Manager, Assistant City Manager, and the Director of Parks and Recreation shall establish a relative priority among those various goals and objectives to be reduced to writing with a mutual expectation of Director of Parks and Recreation's achievement of those goals and objectives within a mutually agreed upon timeframe. The evaluations shall be conducted and completed generally at such time as the City Manager and/or the Assistant City Manager determines. 5.2 This annual review and evaluation shall be conducted in accordance with criteria established by the City Manager. Such criteria may be added to or deleted as the City Manager may from time to time determine is appropriate. 5.3 In their sole respective discretion, the City Manager and/or Assistant City Manager shall be entitled to review the performance of Director of Parks and Recreation on a more frequent basis, and without a written evaluation. Section 6: Construction and Amendment. This Contract shall be governed by the laws of the State of California. This Contract may not be modified, altered, or amended except in writing and signed by the City and the Director of Parks and Recreation. Section 7: Recitals. The Recitals A, B, and C above are hereby incorporated into this section as though fully set forth herein and each party acknowledges and agrees that such Party is bound, for purposes of this Contract, by the same. Section 8: Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested or sent by electronic transmission, and shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered" Notices or other communications shall be addressed as follows: 192559.3(Revised) Contract of Employment- Director of Parks and Recreation --City of Palm Springs Page 3 of 5 IF TO CITY: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA Attention: City Manager IF TO DIRECTOR OF PARKS AND RECREATION: To address on file with the City's Director of Human Resources Either Party may, by written notice to the other, designate a different address, which shall be substituted for that specified above. Section 9: Miscellaneous. 9.1 Outside Employment. Director of Parks and Recreation shall devote her entire productive time, ability and attention to the business of the City during the term of this Agreement. Notwithstanding the foregoing, the Director of Parks and Recreation shall be entitled to continue teaching provided that the scheduling of such teaching activities does not interfere with the employee's other duties as Director of Parks and Recreation. 9.2 Authority_to Enter Into Contracts. It is expressly agreed that Director of Parks and Recreation shall have no right or authority at any time to make any contract or binding promise of any nature on behalf of the City, whether oral or written, without the express written consent of, as appropriate, the City Manager or the City Council. 9.3 Integration. This Contract supersedes any and all other Contracts and understandings, either oral or in writing, between City and Director of Parks and Recreation with respect to the employment of Director of Parks and Recreation by City. Each party to this Contract expressly acknowledges that no representation, inducement, promise, or contract, orally or otherwise, have been made by any party, or any person acting on behalf of any party, which is not embodied herein, and that no other Contract, statement, representation, or promise not contained in this Contract shall be of any force or effect. 9.4 City's Policies and Procedures. The terms and conditions of Director of Parks and Recreation's employment, including employment benefits of Director of Parks and Recreation not specifically provided for in this Contract of Employment, shall also be governed by City's Personnel Policies and Procedures, as amended from time to time, to the extent not inconsistent with the provisions of this Contract. In the event of any such inconsistency or conflict, the provisions of this Contract shall govern. [SIGNATURE BLOCK ON NEXT PAGE] 192559.3(Revised) Contract of Employment— Director of Parks and Recreation --City of Palm Springs Page 4 of 5 CITY OF PALM SPRINGS By: David Ready City Manager ATTEST: By: SHARON G. HEIDER James Thompson, City Clerk BY: APPROVED AS TO FORM: By: Douglas Holland, City Attorney 192559.3(Revised) Contract of Employment— Director of Parks and Recreation — City of Palm Springs Page 5 of 5 { �pALM Spy fy � c V N f c c9tivaec�'P^ CITY COUNCIL STAFF REPORT DATE: December 20, 2006 Consent Calendar SUBJECT: APPROVE EMPLOYMENT AGREEMENT FOR DIRECTOR OF PARKS AND RECREATION FROM: David H. Ready, City Manager BY: Assistant City Manager—Administrative Services SUMMARY This action would approve an employment agreement with Sharon Heider to serve as the Director of Parks and Recreation. RECOMMENDATION: 1, Approve Minute Order No. , approving an Employment Agreement with Sharon Heider as Director of Parks and Recreation. 2. Authorize the City Manager to execute all necessary documents to effectuate the said agreement. STAFF ANALYSIS: Currently most department heads are covered by the City's Personnel Rules and have been hired as "At-Will" employees without employment agreements. The two Assistant City Managers and the Director of Planning Services are the only exceptions to this practice. Recently the City completed an extensive recruitment to replace the former Director of Parks and Recreation who retired in November. An evaluation panel consisting of the City Manager, Assistant City Manager — Administrative Services, two Parks and Recreation Commissioners (Aylaian and Elsner) and the General Manager of the Coachella Valley Recreation and Parks Department interviewed five (5) applicants and unanimously recommended that Sharon Heider be offered the position. Ms. Heider has twenty years of experience in recreation, park planning, facility operations, project management and landscape architecture. She is currently employed by the City of Irvine as an Open Space Administrator. Ms. Heider is a licensed Landscape Architect and holds a Bachelors Degree in Landscape Architecture and Item 2 . H . City Council Staff Report December 20, 2006-- Page 2 Director of Parks and Recreation Environmental Planning from Utah Slate University. She is completing a Masters Degree in Public Administration with an emphasis in public finance at California State University Fullerton. As a condition of employment, Ms. Heider has requested an employment agreement. The proposed agreement is comparable to the employment agreements that have been previously entered into by the City. The agreement provides all the normal compensation and benefits that are afforded to department heads. In addition, the agreement provides for four (4) months severance if Ms. Heider is terminated without cause. The agreement also provides for either an automobile allowance or use of a City-owned vehicle (Non-Take Home) and relocation expenses of up to $2,500. These provisions are consistent with the previously approved employment agreements. FISCAL IMPACT: Finance Director Review: The Director of Parks and Recreation is a budgeted position within the current year budget. Although the automobile allowance and relocation reimbursement were not contemplated as part of this position, there is sufficient salary savings in the Parks and Recreation budget to cover this expense. z o L. Butzla Is ant City Manager David H. Ready, Cit m is er Attachments: 1. Minute Order 2. Employment Agreement MINUTE ORDER NO. APPROVING AN EMPLOYMENT AGREEMENT WITH SHARON HEIDER AS DIRECTOR OF PARKS AND RECREATION. --------------- I HEREBY CERTIFY that this Minute Order, approving an Employment Agreement with Sharon Heider as Director of Parks and Recreation. was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 20th day of December, 20D6. JAMES THOMPSON City Clerk CONTRACT OF EMPLOYMENT OF DIRECTOR OF PARKS AND RECREATION CITY OF PALM SPRINGS THIS CONTRACT is made and entered into, to become effective on January 22, 2006, by and between the City of Palm Springs, a municipal corporation, hereinafter called "City" and Sharon G. Heider, an individual, hereinafter called "Director of Parks and Recreation," both of whom understand as follows: A. City desires to contract for services of Sharon G. Heider as Director of Parks and Recreation of the City of Palm Springs; and B. it is the desire of the City to continue to receive the services of the Director of parks and Recreation and to provide certain benefits, establish conditions of employment, and set working conditions for the Director of Parks and Recreation; and C. Sharon B. Heider desires to perform the duties of the Director of parks and Recreation for the City. NOW, THEREFORE, in consideration of mutual covenants contained in this Agreement, the parties agree as follows: Section 1: Duties. 1.1 City hereby employs Sharon G. Heider as Director of Parks and Recreation of City to perform Director of Parks and Recreation functions and duties as specified in the City of Palm Springs Job Classification, City Charter, Palm Springs Municipal Code, and Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. 1.2 Unless otherwise directed by the City Manager, the services of Director of Parks and Recreation shall be performed at City Hall, provided, however, that City may require Director of Parks and Recreation to travel temporarily to other locations to perform services for or on behalf of City. 1.3 Director of Parks and Recreation will, to the best of her ability and experience, loyally and conscientiously perform all of the duties and obligations required of Director of Parks and Recreation, either expressly or implicitly by the terms of this Contract. Section 2: Compensation and General Provision for Benefits 2.1 City agrees to pay Director of Parks and Recreation an annual base salary of $117,168.00 payable in installments at the same time that the other executive management employees of City are paid. 192559.3 Contract of Employment— Director of Parks and Recreation City of Palm Springs Page 1 of 5 22 Director of Parks and Recreation shall be entitled to the same benefits as other executive management employees, including annual adjustments to salary, on the same terms and conditions applicable to all other executive management employees. Section 3: Term of Employment. 3.1 Director of Parks and Recreation shall commence service as Director of Parks and Recreation on or before January 22, 2006 and shall continue to perform such services until this Agreement is terminated as provided in this Section. 3.2 Either the City Manager or Director of Parks and Recreation may terminate this Contract at any time without advance notice, for any reason, no reason, with or without cause, and in their sole discretion. 3.3 In the event the City Manager terminates this Contract as provided in Section 3.2, Director of Parks and Recreation shall have no right to an appeal or grievance procedure, as the Parties acknowledge and agree that she serves at the pleasure of the City Manager. In consideration therefore, and except as provided in Section 3.4 below, upon termination pursuant to this Section 3.3, City shall pay Director of Parks and Recreation severance pay in an amount equal to four (4) months of her then current salary, 3.4 Notwithstanding Section 3.3, City Manager may terminate Director of Parks and Recreation, without payment of severance pay, upon the occurrence of the following: A. Conviction of a felony or misdemeanor involving moral turpitude; or B. A determination by a court of competent jurisdiction, or the State of California Fair Political Practices Commission, that Director of Parks and Recreation knowingly and unlawfully participated in a government decision in which she had a conflict of interest, as defined in California Government Code Sections 871000 et seq., or California Government Code Sections 1090 et seq.; or C. Voluntary termination of Contract by Director of Parks and Recreation; or D. Gross misconduct, malfeasance, or gross negligence in the performance of her duties under this contract. Section 4: Other Benefits- 4-1 Automobile. The Director of Parks and Recreation shall be provided with either an automobile allowance of no more than Four Hundred and Fifty Dollars ($450.00) per month o, at the discretion of the City Manager, the use of a City-owned vehicle for business purposes only (Non Take Home). 4.2 Relocation Expenses. City further recognizes that certain expenses related to Director of Parks and Recreation's relocation are appropriate and desirable in order to secure her timely relocation and ability to assume her responsibilities at the earliest feasible date. The City will reimburse Director of Parks and Recreation for up to 1925593 Contract of Employment— Director of Parks and Recreation — City of Palm Springs Page 2 of 5 $1,000.00 to cover the reasonable costs of the Director of Parks and Recreation's travel, hotel expense, and meals, in making no more than two trips from her current residence in Northern California to Palm Springs as part of her efforts to timely affect her relocation and secure temporary and/or permanent housing. In addition, the City will pay Director of Parks and Recreation's moving costs in an amount not to exceed $2,500.00. Section 5: Performance Evaluation. 5.1 At least once annually, the City Manager, the Assistant City Manager, and Director of Parks and Recreation shall mutually define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainment of City policy objectives. Further, the City Manager, Assistant City Manager, and the Director of Parks and Recreation shall establish a relative priority among those various goals and objectives to be reduced to writing with a mutual expectation of Director of Parks and Recreation's achievement of those goals and objectives within a mutually agreed upon timeframe. The evaluations shall be conducted and completed generally at such time as the City Manager and/or the Assistant City Manager determines. 5.2 This annual review and evaluation shall be conducted in accordance with criteria established by the City Manager. Such criteria may be added to or deleted as the City Manager may from time to time determine is appropriate. 5.3 In their sole respective discretion, the City Manager and/or Assistant City Manager shall be entitled to review the performance of Director of Parks and Recreation on a more frequent basis, and without a written evaluation. Section 6: Construction and Amendment. This Contract shall be governed by the laws of the State of California. This Contract may not be modified, altered, or amended except in writing and signed by the City and the Director of Parks and Recreation, Section 7: Recitals. The Recitals A, t3, and C above are hereby incorporated into this section as though fully set forth herein and each party acknowledges and agrees that such Party is bound, for purposes of this Contract, by the same. Section 8: Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested or sent by electronic transmission, and shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: 192559.3 Contract of Employment— Director of Parks and Recreation —City of Palm Springs Page 3 of 5 IF TO CITY: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA Attention: City Manager IF TO DIRECTOR OF PARKS AND RECREATION: To address on file with the City's Director of Human Resources Either Party may, by written notice to the other, designate a different address, which shall be substituted for that specified above. Section 9: Miscellaneous. 9.1 Outside Employment. Director of Parks and Recreation shall devote her entire productive time, ability and attention to the business of the City during the term of this Agreement. Notwithstanding the foregoing, the Director of Parks and Recreation shall be entitled to continue teaching provided that the scheduling of such teaching activities does not interfere with the employee's other duties as Director of Parks and Recreation. 9.2 Authority to Enter Into Contracts. It is expressly agreed that Director of Parks and Recreation shall have no right or authority at any time to make any contract or binding promise of any nature on behalf of the City, whether oral or written, without the express written consent of, as appropriate, the City Manager or the City Council. 9.3 Integration. This Contract supersedes any and all other Contracts and understandings, either oral or in writing, between City and Director of Parks and Recreation with respect to the employment of Director of Parks and Recreation by City. Each party to this Contract expressly acknowledges that no representation, inducement, promise, or contract, orally or otherwise, have been made by any party, or any person acting on behalf of any party, which is not embodied herein, and that no other Contract, statement, representation, or promise not contained in this Contract shall be of any force or effect. 9.4 City's Policies and Procedures. The terms and conditions of Director of Parks and Recreation's employment, including employment benefits of Director of Parks and Recreation not specifically provided for in this Contract of Employment, shall also be governed by City's Personnel Policies and Procedures, as amended from time to time, to the extent not inconsistent with the provisions of this Contract. In the event of any such inconsistency or conflict, the provisions of this Contract shall govern. [SIGNATURE BLOCK ON NEXT PAGE] 192559.3 Contract of Employment— Director of Parks and Recreation —City of Palm Springs Page 4 of 5 CITY OF PALM SPRINGS By: David Ready City Manager ATTEST: B',y: SHARON G. HEIDER James Thompson, City Clerk APPROVED AS TO FORM: By: Douglas Holland, City Attorney 192559.3 Contract of Employment— Director of Parks and Recreation —City of Palm Springs Page 5 of 5