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HomeMy WebLinkAboutA7249 - PETER NELSON KING, EsqEMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereatter referred to as "Agreement") is made and entered into on the 1st day, of March 2019, and ending on the 31^^ day of May 2019 by and between the City of Palm Springs, a California charter city and municipal corporation, (herein "GiTY"), and Peter Nelson Kin^ Esq. (EMPLOYEE), an individual, on the following terms and conditions: AW l/l / RECITALS f A. GITY, by and through the City Council, desires to employ the services of EMPLOYEE as "acting" omntorim" City Attornoy of the CITY for three (3) Months while CITY recruits a new City Attorney to serve the CITY; and B. EMPLOYEE desires to accept employment on this short-term and interim basis in consideration of, and subject to, the terms and conditions set forth in this Agreement. C. It is contemplated by the parties that EMPLOYEE will serve as legal counsel (and as called upon, "acting" or "interim" City Attorney) thereby giving the CITY (and its Council) adequate time to recruit and select a City Attorney and assess its options for legal services. | | OPERATIVE PROVISIONS In consideration of the promises and covenants contained herein, the parties agree as follows: 1. POSITION AND DUTIES 1.1 Position. EMPLOYEE accepts employment with CITY and shall perform all functions, duties and services as set forth in this Agreement. Although the parties contemplate that Employee will serve for three (3) months under this Agreement, Employee shall serve as legal counsel and, as requested by the Council during this time, will serve as the "acting" or "interim" City Attorney pursuant to City Charter section 407. Therefore EMPLOYEE shall provide services at the direction and under the supervision of the City Council and in coordination with the City Manager of the CITY. 1.2 Duties. The duties of EMPLOYEE shall be determined by the State Law, the Palm Springs Municipal Code and its City Council. EMPLOYEE shall devote his best efforts and full-time attention to the performance of these duties. 1.3 Hours of Work. EMPLOYEE shall devote the time necessary to adequately perform his assigned duties. The work schedule shall be the same as the schedule in place for all other CITY personnel In "management, supervisory or professional" positions as referenced In the CITY'S Personnel Rules, which positions are subject to the CITY'S salary and classification schedule for "EXECUTIVE" employees ("Executive Managers"), provided the schedule of such hours provides adequate availability during normal business hours and for the performance of his duties in conducting C\TV business. This employment shall be deemed an exempt position under applicable wage and hour law. EMPLOYEE hereby acknowledges that he shall not be entitled to any compensation for overtime. 1.4 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, EMPLOYEE shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of EMPLOYEE'S duties. 2. TERM 2.1 Term. The term of this Agreement shall commence on March 1®^ 2019, upon being approved by the City Council and executed by EMPLOYEE. This Agreement shall remain in effect for three (3) months, ending May 31®* 2019, or unless earlier terminated by either party pursuant to Section 4, below. 2.2 At-Will Employment Benefits. Rights. EMPLOYEE acknowledges that he is an at-will emp|loyee of CITY. The terms and provisions of CITY'S| personnel rules, policies, procedures, ordinances and resolutions applicable to at-will employees shall also apply to EMPLOYEE (and he shall be entitled to all benefits and rights afforded to other Executive Managers unless otherwise provided by this Agreement). In the case of any conflict between this Agreement and the Personnel Rules, policies, procedures, ordinances and resolution, the terms of this Agreement shall prevail. Nothing in this Agreement is intended to, or does, confer upon EMPLOYEE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 4 (Termination) of this Agreement. 3. COMPENSATION 3.1 Salary. For all services performed by EMPLOYEE under this Agreement, CITY shall pay EMPLOYEE compensation in accordance with the current adopted salary schedule for the City Attorney position, plus all other compensation benefits afforded by CITY to other full time Executive Managers. The salary under this three (3) month Agreement shall be based on an annual salary of Two Hundred Six Thousand Eighty-Eight Dollars ($206,088.00), paid bi-weekly for a total of approximately Fifty-One Thousand and Five Hundred and Twenty-Two Dollars ($,51,522.00), i.e. one-third of the annual salary. All benefits and policies applicable to Executive Managers as contained in CITY'S Personnel Rules and Regulations shall apply. Should the City Council request that EMPLOYEE hold over beyond March 31®* 2019, then EMPLOYEE shall continue to be paid based on the aforementioned annual salary (bi-weekly) and shall remain until a fixed date set by the City Manager or upon 30-days written notice provided by either CITY or EMPLOYEE. 3.2 Automobile Allowance. EMPLOYEE shall be entitled to an automobile allowance as compensation for the use of personal automobile(s} for CITY business as provided for in CITY policies. The monthly allowance shall be Five Hundred Fifty Dollars ($550) per month. In addition, EMPLOYEE shall be entitled to excess mileage reimbursement according to adopted CITY policies for any qualifying trip in the course and scope of employment. 4. TERMINATION 4.1 The City Council may terminate EMPLOYEE'S employment, and this Agreement, with or without cause at any time upon written notice. 4.2 In the event EMPLOYEE is terminated with or without cause during such time that EMPLOYEE is willing and able to perform the Duties under this Agreement, the CITY agrees, upon receipt of a Comprehensive General Release and Settlement Agreement in the standard form signed by EMPLOYEE, to pay EMPLOYEE a lump sum cash payment equal to one (1) month of Salary and benefits. 4.3 EMPLOYEE shall receive a lump sum payout of any unpaid accruals of Annual jLeave and Sick Leave upon termination of employrjrient for any reason pursuant to CITY policies. 4.4 EMPLOYEE shall not be entitled to any increases in salary afforded by CITY to other Executive Managers. 4.5 EMPLOYEE'S employment and this Agreement shall terminate automatically at the expiration of this Agreement. It shall also terminate upon EMPLOYEE'S death. In this event, the CITY shall pay the beneficiary designated by EMPLOYEE in writing, or in the absence of such designation, EMPLOYEE'S estate, his accrued and unpaid compensation, and aii accrued but unused benefits, if any, through the date of EMPLOYEE'S death. 4.6 If EMPLOYEE becomes disabled and requires accommodation to permit him to perform the essential functions of the position, the CITY shall provide reasonable accommodation if possible; that is, unless doing so creates undue hardship for the CITY. 5. PROPRIETARY INFORMATION During his employment with CITY. EMPLOYEE shall only use Proprietary Information for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, EMPLOYEE shall not use or disclose any Proprietary Information for the benefit of himself or any third party, except with the express written consent of CITY. EMPLOYEE'S obligations under this Section shall survive the termination of his employment and the termination of this Agreement. 6. CONFLICT OF INTEREST EMPLOYEE represents and warrants to CITY that he presently has no interest, and represents that he will not acquire any Interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement. 7. GENERAL PROVISIONS 7.1 Vehicle Operation. EMPLOYEE shall operate any vehicle used in connection with the performance of his duties in a safe manner and otherwise in reasonable observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile's driver's license during the period of employment. In addition, EMPLOYEE shall maintain in full force and effect during the Term of this Agreement, valid automobile liability insurance providing coverage for collision, personal injury and medical reimbursement, in accordance with the CITY'S Administrative Policy. 7.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and at the last known address maintained In EMPLOYEE'S personnel file. EMPLOYEE agrees to notify CITY In writing of any change In his address during his employment with CITY. Notice of change of address shall be effective only when accomplished In accordance with this Section. CITY'S Notice Address: City of Palm Springs, c/o City Council 3200 E. Tahqultz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 7.3 Indemnification. Subject to. In accordance with, and to the extent provided by the California Tort Claims Act (Government Code Section 810 et seq.) the City will indemnify, defend, and hold EMPLOYEE harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission associated with EMPLOYEE'S performance of functions, duties and services set forth in this Agreement. 7.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of EMPLOYEE under any law or ordinance. 7.5 Integration. This Agreement Is Intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE'S employment by CITY. 7.6 Amendments. This Agreement may not be amended, altered or modified, except In a written document signed by EMPLOYEE, and signed by the City Manager with the authorization of the City Council. 7.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. 7.8 Assignment. Neither CITY nor EMPLOYEE shall assign any rights or obligations under this Agreement. 7.9 Severabilitv. If a court holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 7.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Riverside County, State of California. IN WITNESS THEREOF, the CITY COUNCIL has caused this Agreement to be signed and executed on Its behalf by its City Manager, and EMPLOYEE has signed and executed this Agreement, as of the date first Indicated above. CITY" Employee CITY OF PALM SPRINGS David H. Ready, Esq, City Manager Approved by City Council Mm