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1FORN%91 City Council Staff Report
DATE: April 5, 2017 NEW BUSINESS
SUBJECT: APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT
FROM: David H. Ready, City Manager
BY: Department of Human Resources
SUMMARY
Approval of an employment agreement with Edward Z. Kotkin, as City Attorney of the City
of Palm Springs.
RECOMMENDATION:
1. Approve Employment Agreement with Edward Z. Kotkin for position of City
Attorney; and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
In 2016, City Council made the decision to change City Attorney services from a
contractual outside firm, to an "in-house" position. Over the past several months, the City
Council, through a professional municipal recruitment firm, has conducted a search for
qualified attorney candidates. A City Council Subcommittee was formed (Mayor
Moon/Councilmember Kors) to assist with the initial recruitment process. Subsequently,
the full City Council conducted interviews with six qualified candidates, and second
interviews with two finalists.
The City Council instructed the Subcommittee to commence negotiations for an
employment contract to be presented to the full Council with Edward Z. Kotkin, an attorney
in private practice with an extensive background as a municipal practitioner(see attached
resume).
Mr. Kotkin has nearly twenty-five (25) years of legal career experience representing the
needs and interests of California communities, including more than eight(8)years serving
17EM NO. s'�'
City Council Staff Report
April 5, 2017 -- Page 2
City Attorney Employment Agreement
as the city attorney for the City of Indio, and general counsel for Indio's redevelopment
agency and water authority. He also served for several years as legal counsel for the
Eastern Riverside County Interoperable Communications Authority (ERICA), a joint
powers agency that includes the City of Palm Springs as a member agency. For eleven
(11) years, Mr. Kotkin worked in the Riverside County District Attorney's Office
prosecuting fraud cases, including public integrity matters, throughout the county. He
worked closely with the county's Grand Jury on many occasions, including providing
training, and pursuing various investigations and indictments. Mr. Kotkin earned local and
statewide recognition as a "white collar" prosecutor, and maintains positive relationships
within his old office. Mr. Kotkin is an "AV® Preeminent" rated attorney. This is the top
rating of legal ability and general ethical standards possible through Martindale-Hubbell,
a legal directory in business since 1868. This rating is based upon anonymous opinions
of members of the Bar and the Judiciary.' Mr. Kotkin also enjoys a Martindale-Hubbell
"Client Review Rating" of 5.0/5.0.
A background in law enforcement has always informed Mr. Kotkin's legal work. Between
2004 and 2012, Mr. Kotkin served the State Bar of California, on a pro bono basis, as a
"Special Master." In that capacity, he accompanied peace officers serving search
warrants and gathering evidence under the control of attorneys, physicians,
psychotherapists and clergy. During Mr. Kotkin's prior service as a city attorney, he
provided state-mandated "AB 1234" ethics training in accordance with Attorney General
and Fair Political Practices Commission (°FPPC") standards. He administered this
training to officials in the cities of Tustin, San Juan Capistrano, San Clemente, Rancho
Santa Margarita, Laguna Niguel, Laguna Beach, Indio and Hawaiian Gardens. Mr. Kotkin
also served as member of California League of Cities, City Attorneys Division, FPPC
Committee.
For the last six (6) years he has owned and operated his own law firm, representing a
variety of interests in government and commerce. Mr. Kotkin's current "general counsel"
clients include the oversight boards in the cities of Chula Vista, Corona, Montclair,
National City, and Pico Rivera. He has also provided special counsel services to the City
of Azusa, and to public officials in Los Angeles and Riverside Counties who have required
independent legal counsel.
Mr. Kotkin's background and expertise across many disciplines will be integral to his
success as the City Attorney of the City of Palm Springs.
For the past twelve (12) years, Douglas Holland has been the appointed City Attorney,
through the law firm of Woodruff, Spradlin & Smart. The City Council and Staff would like
to recognize with appreciation, his dedicated service to the City of Palm Springs.
1 AV® PreeminentTM and BV® Distinguished TM are certification marks of Reed Elsevier Properties Inc.,
used in accordance with the Martindale-Hubbell certification procedures, standards and policies, see
www.martindale.com/ratings for more details.
02
City Council Staff Report
April 5, 2017--Page 3
City Attorney Employment Agreement
Moreover, Mr. Holland has agreed to assist the new Attorney and City Council during the
transition period to ensure continuity of legal issues.
FISCAL IMPACT:
As part of reorganizing the City Attorney function to an "in-house" model, it is anticipated
that setting up the new Office of the City Attorney will require additional staff, including an
Assistant City Attorney and Paralegal positions. Once the new City Attorney is seated, he
will assess the requirements of the new office and make appropriate recommendations
to the City Council and Staff. Specific costs associated with creation of the new legal
department are not yet known, however, it is anticipated that costs will not exceed the
current annual legal services budget of $1.1 million — and potentially realize a cost
savings.
The negotiated annual starting salary is Two Hundred Six Thousand Eight-Eight Dollars
($206,088) plus benefits. Additionally, this employment agreement calls for a one-time
$20,000 payment to cover all transition and relocation costs.
Perry Madi on, Director David H. Ready, Esq., D.
Departm t of Human Resources City Manager
Attachments:
1. Employment Agreement
2. Edward Z. Kotkin Resume
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ATTACHMENT 1
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereafter referred to as "Agreement") is
made and entered into this day of 2017, by and between the City of
Palm Springs, a California charter city and municipal corporation, (herein "City"), and
Edward Z. Kotkin, an individual, on the following terms and conditions:
RECITALS
A. CITY, by and through the City Council, desires to employ the services of
EMPLOYEE as City Attorney of the CITY; and
B. EMPLOYEE desires to accept employment as City Attorney in
consideration of and subject to the terms and conditions set forth in this Agreement.
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 as its City Attorney
and shall perform all functions, duties and services as set forth in this Agreement.
EMPLOYEE shall provide services at the direction and under the supervision of the City
Council of CITY.
1.2 Duties. The duties of EMPLOYEE shall be determined by the State Law,
Municipal Code and City Council, generally in conformance with the job description
attached hereto and incorporated herein as though set forth in full as Attachment A to this
Agreement. 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 CITY business. The position of City Attorney 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 Professional Activity. The City Council desires EMPLOYEE to be
reasonably active in national, statewide, regional and professional organizations that will
contribute to his professional development and standing and that will contribute to the
advancement of the CITY's interests and standing. Toward that end, EMPLOYEE may,
upon advance notice to the City Manager, undertake such activities as are directly related
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to his professional development and that advance the interests and standing of the CITY,
provided that such activities do not in any way interfere with or adversely affect his
employment as City Attorney or the performance of his duties as provided herein. CITY
specifically agrees to pay EMPLOYEE's annual membership dues to the State Bar of
California, including the "Public Law Section," and to the Riverside County Bar
Association. CITY further specifically agrees to pay reasonable and necessary costs and
expenses arising from and related to EMPLOYEE's compliance with State Bar
requirements for mandatory continuing legal education. CITY agrees to reimburse
EMPLOYEE'S reasonable and necessary travel, business and subsistence expenses for
his Professional Activity hereunder.
1.5 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 activity (except as permitted under
Section 1.4 [Professional Activity]), regardless of whether for pecuniary advantage, that
is or may be competitive with the CITY, that might cause a conflict-of-interest with the
CITY, or that otherwise might interfere with the business or operation of the CITY or the
satisfactory performance of EMPLOYEE'S duties.
1.6 Performance Evaluation. Council will hold EMPLOYEE'S initial evaluation
session within the first six (6) months of employment. This initial evaluation, and the first
evaluation undertaken immediately after any election wherein two (2) or more new
members of the City Council are elected, shall incorporate the establishment of common
goals and objectives by City Council and EMPLOYEE, with respect to EMPLOYEE's
performance of duties hereunder, and otherwise. After the initial evaluation session, City
Council shall annually review the performance of the EMPLOYEE subject to a process,
form, criteria, and format for the evaluation, which shall be mutually agreed upon by the
City Council and EMPLOYEE. Nothing in this section prevents the City Council from
holding more frequent evaluations of the EMPLOYEE if desired.
2. TERM
2.1 Term. The term of this Agreement shall commence on May 8, 2017, upon
being executed by EMPLOYEE and approved by the City Council. This Agreement shall
remain in effect until such time as this Agreement is terminated pursuant to Section 4,
below.
2.2 At-Will Employment, Benefits, Rights. EMPLOYEE acknowledges that
he is an at-will employee of CITY who shall serve at the pleasure of the City Council at
all times during the period of his service under this Agreement. 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, except to the extent provided by this
Agreement, and, 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. Nothing in this
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Agreement shall limit any rights afforded EMPLOYEE related to constitutional protections
under either federal or state law in continued employment or termination in accordance
with the terms of this Agreement. Nothing contained in this Agreement shall in any way
prevent, limit or otherwise interfere with the right of CITY to terminate the services of
EMPLOYEE as provide in Section 4 (Termination). Nothing in this Agreement shall
prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from
this position with the CITY, subject only to the provisions set forth in Section 4
(Termination) of this Agreement. This at-will Employment Agreement shall be expressly
subject to the rights and obligations of CITY and EMPLOYEE, as set forth in this
Agreement.
3. COMPENSATION
3.1 Salary. For all services performed by EMPLOYEE as the City Attorney
under this Agreement, CITY shall pay EMPLOYEE compensation in accordance with the
adopted salary schedule for the position, plus all other compensation benefits afforded by
CITY to other full time Executive Managers. EMPLOYEE shall be entitled to all cost of
living and other salary and benefit adjustments implemented by the CITY as applicable
to other full time Executive Managers. The starting annual salary shall be Two Hundred
Six Thousand Eighty-Eight Dollars ($206,088.00), paid bi-weekly according to the payroll
schedule in place for CITY employees. All compensation, benefits and leave policies
applicable to Executive Managers as contained in CITY'S Personnel Rules and
Regulations shall apply.
3.2 Annual Leave. All compensation and leave policies applicable to Executive
Managers as contained in the CITY'S Personnel Rules and Regulations shall apply.
EMPLOYEE shall annually accrue one hundred ninety-two (192) hours of Annual Leave.
Annual Leave shall be subject to CITY'S Personnel Rules and Regulations as they apply
to other Executive Managers.
3.3 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.
3.4 Transition and Relocation Costs and Expenses. As a one-time incentive
to EMPLOYEE to accept employment hereunder, CITY shall disburse a lump-sum
payment to EMPLOYEE in the amount of Twenty Thousand Dollars ($20,000.00), paid to
Employee within three (3) business days of execution of this Agreement; however, in the
event EMPLOYEE for any reason terminates this Agreement or ceases to perform his
duties under this Agreement within two years of the commencement date of his
employment, EMPLOYEE shall reimburse the City for the full amount of this incentive
within thirty (30) days of such termination or cessation of work.
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.
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"For cause" is defined as any of the following: (i) an act in bad faith or acting in
detriment of the CITY; (ii) refusal or failure to act, upon reasonable notice, in accordance
with any specific lawful direction or order of the City Council, provided only that said
direction or order shall pertain directly to EMPLOYEE's duties under this Agreement; (iii)
unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days
and is not the result of any excused illness, approved leave or medical condition; (iv)
commission of an act involving moral turpitude or other acts which harm the reputation of
or interests of the CITY; (v) habitual neglect of responsibilities, or incompetence; (vi) a
conviction of a felony (or entry of a plea of guilty or noto contendere with respect to any
such crime); (vii) use of or working while under the influence of alcoholic beverages or
other non-prescribed controlled substances, or abuselmisuse of lawfully prescribed
controlled substances during working hours; (viii) engaging in an actual conflict of
interest; (ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes
or extortion; (xi) material breach of this Agreement by EMPLOYEE. If this Agreement is
terminated by the City Council "for cause", EMPLOYEE'S employment shall be deemed
immediately terminated and EMPLOYEE shall surrender all CITY keys, computer
passwords, and other CITY property entrusted to EMPLOYEE for the purpose of the
discharge of his duties. Upon termination for cause, EMPLOYEE shall have no
administrative recourse under this Agreement or any administrative procedure for
purposes of challenging the termination action.
4.2 In the event EMPLOYEE is terminated "without cause' or asked to resign
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 sign by EMPLOYEE, to pay EMPLOYEE a
lump sum cash payment equal to twelve (12) months of Salary and benefits (Section 3)
as severance pay.
4.3 EMPLOYEE shall receive a lump sum payout of any unpaid accruals of
Annual Leave and Sick Leave upon termination of employment for any reason pursuant
to CITY policies.
4.4 EMPLOYEE shall not be entitled to any increases in Salary or benefits
afforded by CITY to other Executive Managers following the date of termination.
4.5 This Agreement may be terminated by EMPLOYEE at any time upon 45
days' written notice to the City Council. If such written notice is given, the CITY has the
option to ask EMPLOYEE to leave his position sooner than the expiration of 45 days, but,
if it does so, the CITY will continue to honor its obligations under this Agreement until
expiration of the 45-day period.
4.6 EMPLOYEE'S employment and this Agreement shall terminate
automatically 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 all accrued but unused
benefits, if any, through the date of EMPLOYEE'S death.
4.7 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 and unless doing so creates undue hardship for the CITY.
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4.8 The City Council may not terminate this Agreement without cause within
forty-five (45) days of any newly elected City Council member being sworn into office.
5. PROPRIETARY INFORMATION
"Proprietary Information" is all information and any idea pertaining to any economic
development engaged in or contemplated by the CITY (or any CITY affiliate), including
marketing plans and development projects. Proprietary Information shall include, without
limitation, trade secrets (as further defined in Uniform Trade Secrets Act, Civil Code
§3426 et seq.), ideas, inventions, processes, formulae, data, know-how, software and
other computer programs, copyrightable material, marketing plans, strategies, sales,
financial reports, and forecasts. 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. RESIDENCY
The Parties understand and acknowledge that Section 10 of Article 11 of the
California State Constitution prohibits the CITY from requiring its employees to be
residents of the City; nevertheless, EMPLOYEE understands and acknowledges that the
Council expects EMPLOYEE, as a full time charter officer, to be an involved and active
participant in the Palm Springs community and that such involvement and participation
can best be fostered and achieved if EMPLOYEE is a resident of the City. Thus, to the
maximum extent permitted under law, EMPLOYEE waives any rights or remedies he may
have under the aforementioned provision of state law and agrees to reside within the
boundaries of the City during the term of this Agreement. The City Council agrees to
reasonably consider any request of EMPLOYEE for relief from the requirements of this
Section for good cause as may be presented by EMPLOYEE and only if the City Council
finds that the overall goals and expectations as generally provided herein will be
sustained. EMPLOYEE shall establish residency pursuant to the provisions of this Section
within six (6) months of the date of this Agreement.
8. GENERAL PROVISIONS
8.1 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
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Agreement, valid automobile liability insurance providing coverage for collision, personal
injury and medical reimbursement, in accordance with the CITY'S Administrative Policy.
8.2 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. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263
8.3 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.
8.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds
required of EMPLOYEE under any law or ordinance.
8.5 Integration. This Agreement is intended to be the final, complete, and
exclusive statement of the terms of EMPLOYEE'S employment by CITY. This Agreement
supersedes all other prior and contemporaneous agreements and statements, whether
written or oral, express or implied, pertaining in any manner to the employment of
EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous
statements or agreements. To the extent that the practices, policies, or procedures of
CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of
this Agreement, the provisions of this Agreement shall control.
8.6 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.
8.7 Waiver. Failure to exercise any right under this Agreement shall not
constitute a waiver of such right.
8.8 Assignment. Neither CITY nor EMPLOYEE shall assign any rights or
obligations under this Agreement.
8.9 Severability. 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.
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8.10 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.
8.11 Interpretation. This Agreement shall be construed as a whole, according
to its fair meaning, and not in favor of or against any party. By way of example and not in
limitation, this Agreement shall not be construed in favor of the party receiving a benefit
or against the party responsible for any particular language in this Agreement. Captions
are used for reference purposes only and should be ignored in the interpretation of the
Agreement.
8.12 Acknowledgment. EMPLOYEE acknowledges that he has had the
opportunity to consult legal counsel in regard to this Agreement, that he has read and
understands this Agreement, that he is fully aware of its legal effect, and that he has
entered into it freely and voluntarily and based on his own judgment and not on any
representations or promises other than those contained in this Agreement.
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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.
Date Employee
"CITY" CITY OF PALM SPRINGS
ATTEST:
By: By:
Kathleen D. Hart, MIMIC David H. Ready, Esq., Ph.D.,
Interim City Clerk City Manager
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ATTACHMENT 2
13
EDWARD Z . KOTKIN
A lawyer with almost twenty-five(23)years of experience at the intersection between the private and
public sectors, seizing opportunities to apply unique, multi-disciplinary skills to the advantage of clients.
Employment
The Law Offices of Edward Z.Kotkin,A Professional Law Corporation, Tustin; California
(May 2011 to Present)
Represent government agencies, officials, private parties with public matters,e.g., real estate
developers, permit applicants, businesses,etc.
Litigation and transactional practice, non-government work for businesses and parties to real
estate transactions
• General/independent Counsel to five (5) public entities, oversight boards of the successor
agencies to the redevelopment agencies of the cities of Chula Vista, Corona, Montclair,
National City and Pico Rivera
• Special/Personal Counsel to current and retired public officials
Special Counsel to AutoZone, Inc.,a publicly traded international company with over three
thousand two hundred (3,200)auto parts and accessories stores in the United States, re
municipal projects
• Serve as General Counsel to Spicer Consulting Group, a company providing(i)municipal special tax
consulting services related to community facilities districts, public safety taxes, parcel
taxes,etc„ (il) parcel audit services for special districts, and (M)delinquency management
services in relation to tax bills
AV® Rated Attorney—top rating of legal ability and general ethical standards possible,
based upon anonymous opinions of members of the Bar and the Judiciary;
AV®Preeminent'"and BV®Distinguished'"are certification marks of Reed Elsevier
Properties Inc., used in accordance with the Martindale-Hubbell certification procedures,
standards and policies,see www.martindole.com/ratings for more details
• Martindale-Hubbell "Client Review Rating"—5.0/5.0
"Superb," 10.0/10.0 Avvo® Rating- unbiased assessment calculated using a mathematical model;
Avvo®treats all lawyers equally and rates them by identical standards, no rating can be
purchased in this system developed with input from hundreds of attorneys and
thousands of consumers for use by non-experts
OC Register Metro, listed in annual Top Attorneys Issue, publication date July 29, 2013,selected to
be re-listed in 2015 edition.
Selected for listing in Los Angeles Times''Southern California's Top Rated Lawyers," presented by
Legal Leaders, publication date November 24, 2013, selected to be re-listed in 2015
edition
Served as Special Counsel to Urban Futures, Inc., a full service municipal consulting firm serving
cities, counties,school districts, special districts, private higher education and non-profits
since 1972; consulting practice includes strategic planning,financial analysis, management
consulting, utility rate and feasibility studies and special study services
THE LAW OFFICES OF EDWARD Z. KOTKIN, A PROFESSIONAL LAW CORPORATION
250 EL CAMINO REAL, SUITE 1 02 '*' TUSTIN, CA 927a0-3s55
TELEPHONE: (657) 21 B-9752 e FACSIMILE: (7141 384.4550 -0 EMAIL: EZK@KOTKINLAW.COM
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• Served as General Counsel to Evantix GRC, LLC, a software and services company in the
governance, risk management and compliance business since 2007, providing high-
visibility customers/clients an outstanding vendor risk reporting, monitoring and
management portal
• Served as Special Counsel to City of Azusa, California and City Council Member re high profile
purported public integrity issue
• Served Lundin Development Co., commercial/retail real estate developers headquartered in
Huntington Beach, developed and managed over one million square feet of retail
properties throughout Southern California and Arizona since 1975,as special counsel
• Served Southern California Institute of Technology, an accredited career school and college
founded by a team of educators in 1987 to pioneer effective,application focused
educational methods in the engineering, business and trade disciplines,as special counsel
• Served VP Builders, LLC and Family Development Group, Inc., real estate developers, residential
and commercial properties, nearly one thousand (1,000) production homes constructed
since 2003,as special counsel
• Served Polymer Logistics, Inc., a leading provider of"One-Touch/Retail Ready Packaging working
with retailers worldwide to simplify supply chain management through logistics services,
i.e., packaging for retail and retail ready display products-from the factory to the retail
floor, as special counsel
• Served Spirit Youth Sports, Inc., d.b.a.Spirit League,an Orange County non-profit organization
that allows children with special needs to play team sports in a positive,self-esteem
building environment, as General Counsel and Board Member(Pro Bono)
Woodruff,Spradlin&Smart,APC, Costa Mesa, California (December 2005 to May 2011)
Managed all legal affairs of growing city during fastest period of population and infrastructure
growth in its history(see Municipal Low Experience below)
Served as City Attorney of the City of Indio,California, population 76,036 per 2010 census
Worked as General Counsel to Redevelopment Agency for the City of Indio and Indio Water
Authority
Created and acted as legal counsel for Eastern Riverside County Interoperable Communications
Authority(joint powers agency for public safety communication)
• Provided limited deputy city attorney and/or prosecutor services to Cities of Garden Grove,
Hawaiian Gardens, Palm Springs,San Juan Capistrano,and Tustin
• Completed disposition of corporate assets of solid waste hauling company
Advocated for supermarket in proposed condemnation in the City of Lake Elsinore
• Represented a retired city manager re deposition testimony
Assisted City of La Verne as special counsel re land use matter
Kotkin &Associates,A Professional Law Corporation,Aliso Viejo, California
(November 2002 to November 2005),predecessorfirm Bermudez& Kotkin, LLP
• Transitioned from career as a statewide leader in criminal prosecution to the principal civil
advocate for an historically underserved community
• Established and ran successful law firm staffed by up to five (5) attorneys
EDWAR❑ Z. K13TKIN //ll
TELEPHONE: (657) 218-9752 + EMAIL: EZK`KOTKINLAW.COM
FADE 2 OF 5 L
L
• Commenced provision of legal services to Indio described above vis a vis employment at
Woodruff,Spradlin&Smart
• Led and coordinated extended multi-firm transactional and litigation representation for franchise
solid waste hauler re conflict of interest matter and assignment of franchise agreement in City
of South Gate
Served as counsel for real estate investment company re multiple transactions and litigation re
ownership and operation of apartment buildings
• Represented a retired city manager re controversial retirement issues
Riverside County District Attorney's Office, Riverside, California (August 1991 to November 2002)
• Led in creation, implementation and operation of multiple prosecution units within the Office's
"Special Prosecutions Section," including financial elder abuse, real estate fraud, major fraud,
public integrity, automobile insurance fraud, and workers'compensation insurance fraud
• Prosecuted high-profile fraud cases from filing through trial, practice areas:(i)banking,
(ff)commercial, (ill)consumer and government guaranteed loans, (iv)conservatorship and
probate matters, (v)corporate embezzlement, (vi)counterfeiting,(vif)fiduciary elder abuse,
(vifi)identity theft, (ix)insurance,(x)mortgage lending, (xi) police, (xff)political and public
integrity,(xiii)pyramid schemes, (xiv)real estate,(xv)securities
• Litigated consumer protection, environmental enforcement& occupational safety cases
• Coordinated investigations by local,state and national law enforcement agencies
Created and administered educational programs for real estate and insurance industry
professionals regarding fraud detection,investigation, and prevention
• Trained and supervised new prosecutors
• Served as member of multi-disciplinary Riverside County regional"C.A.R.E."teams mandated by
SIB 2199 to fight elder abuse
• Wrote and reviewed prospective legislation
• Awards: Outstanding Achievement Award 2000(Riverside County District Attorney's Office);
Runner-Up Prosecutor of the Year, Int'I Assoc.of Financial Crimes Investigators, 2001
• Founded and served as Co-Chair of Real Estate Fraud Committee of California District Attorneys
Association
Municipal Law Experience
City Attorney and City Prosecutor, City of Indio, California,General Counsel, Redevelopment Agency of
the City of Indio& Indio Water Authority(November 2002 to May 2011)
Drafted ordinances, resolutions, reports to public officials, policies
• Negotiated and drafted agreements, documents and reports for development projects, real estate
transactions, public works (infrastructure) projects, professional services, water service
• Managed all litigation for City, Redevelopment Agency and Water Authority
• Served as lead counsel for Eastern Riverside County Interoperable Communications Authority per
Joint Exercise of Powers Act,five (5) member cities
• Oversaw projects and litigation assigned to outside legal counsel
• Participated in all public meetings(City Council, Redevelopment Agency,Water Authority)
Worked on coordinated multi-disciplinary management team
EDWARD Z. KOTKIN
TELEPHONE: (657I 218.9752 •- EMAIL: EZK@KDTKINLAW.COM
PAGE 3 OF 5
16
• Advised the city council,officials, manager and staff for all purposes re: condemnation, conflict of
interest, contracts, constitutional law, environmental (including California Environmental
Quality Act and National Environmental Policy Act), election issues, ethics,franchise
agreements, labor, land use, municipal code enforcement (including revision and
enforcement/prosecution as City Prosecutor), Native American issues, police litigation,
premises liability, public finance, public meetings law, public records act, real estate
transactions, redevelopment law,solid waste, tax, fee and exaction issues,water law,zoning
• Served as member of California League of Cities, City Attorneys Division,Committee re Fair
Political Practices Commission
Representative Municipal Transactions
(1)Negotiated and Drafted Disposition and Development Agreement, Redevelopment Agency of the City
of Indio and Desert Community College District,January2011; (H) Negotiated and Drafted Annual special
event agreements and permits for Coachella and Stagecoach music festivals, multiple years, most recent
approval December2010;(iii)Negotiated and Drafted Solid Waste Hauling and Recycling Franchise
Agreement with Burrtec Waste and Recycling Services, LLC,June 2010;(iv)Drafted New Parks Ordinance
and Regulations,December2009;(v)Adjusted Utility User Tax via City initiated ballot initiative,three
percent (3%)increase, November2010; (vi) Drafted Indio Ticket Distribution Policy,Apri11009;
(vii)Created Eastern Riverside County Interoperable Communications Authority per Joint Exercise of
Powers Act,five(5) member cities,July2008;(viii)Drafted Registration and Maintenance of Abandoned
Properties Ordinance, March 2008; (fx)Negotiated and Drafted Regency Realty Group "Indio Towne
Center Development Agreement," Home Depot,Winco, Petco,etc.,January 2007; (x)Assisted in
Establishment of Indio Performing Arts Center,June 2006.
Representative Municipal Litigation
(1) Represented the City of Azusa and one of its city council members in purported public integrity case,
request for leave to file quo warranto lawsuit,September 2011 (li)Reduced unjustified pass-through
payments to local school district by fifty percent(50%) via settlement of litigation,January 1008,
(iii)Allowed continued construction,and eventual completion and opening of Super Target store via
settlement of environmental challenge,August 2007; (fv)Acquired land for Indio Soccer Park via
condemnation settlement, November2004.
Professional Affiliations
State Bar of California, Member Number 155588,admitted December 16, 1991
• United States District Court,Central District of California, admitted September 9, 2005
• Orange County Bar Association, Member, Member 2005 to Present
• Orange County Bar Association, Lawyer Referral& Information Service, Panelist, 2011 to Present
State Bar of California,Special Master, 2004 to 2012 (accompanied peace officers serving search
warrants re evidence under the control of attorneys, physicians, psychotherapists and clergy)
EDWARD Z. KDTKIN
TELEPHONE: (657) 21 B•9752 v EMAIL: EZK@KCTKINLAW.COM
PAGE 4 OF 5
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Education
Georgetown University Law Center, Washington, D.C. (1988-1991)
• Juris Doctor, May 1991
• Participant,Georgetown Criminal Justice Clinic, Maryland Division, 1990-1991
Recipient,Greenfield Trial Practice Award, 1991
Haverford College, Noverford, Pennsylvania(1984-1988)
• Bachelor of Arts, Philosophy, May 1988
• Participant, "One-Year Program," Hebrew University of Jerusalem, Israel, 1986-1987
Presentations
A81234 Ethics Training instructor(qualified per Attorney General and Fair Political Practices
Commission standards), lectured to officials of Cities of Tustin,San Juan Capistrano, San Clemente,
Rancho Santa Margarita, Laguna Niguel, Laguna Beach, Indio and Hawaiian Gardens
• Presentations to the International Code Council, Orange Empire Chapter(Public Records Act), the
National Association of Appraisal Regulatory Officials(Appraisals in Mortgage Fraud),the
Appraisal Institute(Mortgage Fraud),the California Association of Mortgage Brokers (Mortgage
Fraud), the California Trustees Association(Mortgage Fraud), First American Title Company
(Electronic Recordation),and the California Electronic Document Forum (Electronic Recordation)
• Presentation to Public Agency Risk Managers Association,Southern California Chapter, December
1, 2011, "Public Records, Paper Trails, and Penalties—Catching Up with the Law on Computer
Resources"
• Presentation to the Workers' Compensation Forum,215 Annual All Day Seminar,San Bernardino,
California, May 8, 2012, "Electronic Confidentiality—Computers are Forever(Public Records& E-
Discovery)"
• Presentation to the National Bureau of Business Licensing Officials,Annual Conference, Anaheim,
California,July 12, 2012, "Adjusting to New Paradigms-Checking In & Keeping Money Local"
• Presentation to California Municipal Revenue &Tax Association, Annual Conference,Costa Mesa,
California, October 10, 2013
Languages
• Proficient in Spanish and Hebrew
EDWARD Z. KOTKIN
TELEPHONE: (657) 2119-9752 0 EMAIL: EZK@KOTKINLAW.COM
PAGE S OF 5
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Judy Deertrack
1333 South Belardo Road, Apt 510
Palm Springs, CA 92264
Wednesday, April 5, 2017
To the City Council
Palm Springs, California
RE: 5.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT: RECOMMENDATION: 1) Approve Employment
Agreement with Edward Z. Kotkin for position of City Attorney. A 2) Authorize the City Manager to execute all necessary
documents.
To the City Council:
I would like to point out what I believe is a potentially serious conflict of interest. I noted from reading well into the resume of Mr.
Kotkin, that he is a previous employee of Woodruff, Spradlin (2005-2011), city attorney Doug Holland's firm. Mr. Kotkin worked
for the City of Palm Springs under the direction of Mr. Holland sometime between 2005-2011, according to his resume, and to
further complicate matters, Kotkin's employment was during the early years of the Palm Springs corruption scandal.
This "complication" is beyond distressing, because the primary qualification for any attorney is impartiality, considering we had a
nation of attorneys to choose from, not someone who may themselves be implicated in a manner we do not yet understand.
Why does the city continue to entangle itself in conflicts? This caution is due-diligence. Out of all the possible candidates, the
odds of choosing someone that had worked with Mr. Holland's firm are remote, unless the intent was to somehow profit from that
particular association in the first place.
It is critical that the city protect the public interest in remediation between the time of indictment and conviction, and must take
intermediate steps not to sacrifice any claims it may have now or in the future. I would direct Palm Springs to the City of Bell
indictments, and note that the city ultimately filed a malpractice claim against Best, Best & Krieger (BB&K), the city attorney
during the corruption scandal, and recovered $2.5 million in Settlement.
Palm Springs now has two attorneys — and Mr. Gary Schons, our new GC 1090 specialist, worked for the firm that settled a
malpractice claim for GC 1090 in the Bell case. The second attorney, our new Mr. Kotkin, works for the firm that was "at the
helm" during the Palm Springs scandal. Could we do better?
I am not saying that either of these attorneys have engaged in misconduct—my concern is not about personal misconduct, it is
about conflict of interest and due diligence! Issues of conflict of interest seem to plague this city, and the city is not doing much,
so far, to remediate its reputation, particularly in light of its early decision to work with Mr. Wessman's firm to finish the
Downtown Project—as though there were no other options in that regard!
I did find out that Mr. Kotkin (during the time he was with Woodruff Spradlin) was fired by the City of Indio. Is this the best the
city can do in the face of extraordinary pressures on the City? The staff report mentioned all employment but his years with the
City and Mr. Holland's firm. Knowing that the vast majority of public doesn't know Mr. Holland is with Woodruff Spradlin, this is
less than transparent!
I believe the City Council is going to proceed regardless of this conflict. I put this on the record to document the city's failure to
preserve legal options. I would like to hear on the record tonight whether Mr. Kotkin worked on the Downtown Plan during his
tenure with Palm Springs—or its financing through either Measure J or the Bond Issuance, or any other funding mechanisms!
Judy Deertrack
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereafter referred to as "Agreement") is
made and entered into this _ day of 2017, by and between the City of
Palm Springs, a California charter city and municipal corporation, (herein "City"), and
Edward Z. Kotkin, an individual, on the following terms and conditions:
RECITALS
A. CITY, by and through the City Council, desires to employ the services of
EMPLOYEE as City Attorney of the CITY; and
B. EMPLOYEE desires to accept employment as City Attorney in
consideration of and subject to the terms and conditions set forth in this Agreement.
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 as its City Attorney
and shall perform all functions, duties and services as set forth in this Agreement.
EMPLOYEE shall provide services at the direction and under the supervision of the City
Council of CITY.
1.2 Duties. The duties of EMPLOYEE shall be determined by the State Law,
Municipal Code and City Council, generally in conformance with the job description
attached hereto and incorporated herein as though set forth in full as Attachment A to
this Agreement. 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 CITY business. The position of City Attorney 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 Professional Activity. The City Council desires EMPLOYEE to be
reasonably active in national, statewide, regional and professional organizations that will
contribute to his professional development and standing and that will contribute to the
advancement of the CITY's interests and standing. Toward that end, EMPLOYEE may,
upon advance notice to the City Manager, undertake such activities as are directly
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related to his professional development and that advance the interests and standing of
the CITY, provided that such activities do not in any way interfere with or adversely
affect his employment as City Attorney or the performance of his duties as provided
herein. CITY specifically agrees to pay EMPLOYEE's annual membership dues to the
State Bar of California, including the "Public Law Section," and to the Riverside County
Bar Association. CITY further specifically agrees to pay reasonable and necessary
costs and expenses arising from and related to EMPLOYEE's compliance with State
Bar requirements for mandatory continuing legal education. CITY agrees to reimburse
EMPLOYEE'S reasonable and necessary travel, business and subsistence expenses
for his Professional Activity hereunder.
1.5 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 activity (except as
permitted under Section 1.4 [Professional Activity]), regardless of whether for pecuniary
advantage, that is or may be competitive with the CITY, that might cause a conflict-of-
interest with the CITY, or that otherwise might interfere with the business or operation of
the CITY or the satisfactory performance of EMPLOYEE'S duties.
1.6 Performance Evaluation. Council will hold EMPLOYEE'S initial
evaluation session within the first six (6) months of employment. This initial evaluation,
and the first evaluation undertaken immediately after any election wherein two (2) or
more new members of the City Council are elected, shall incorporate the establishment
of common goals and objectives by City Council and EMPLOYEE, with respect to
EMPLOYEE's performance of duties hereunder, and otherwise. After the initial
evaluation session, City Council shall annually review the performance of the
EMPLOYEE subject to a process, form, criteria, and format for the evaluation, which
shall be mutually agreed upon by the City Council and EMPLOYEE. Nothing in this
section prevents the City Council from holding more frequent evaluations of the
EMPLOYEE if desired.
2. TERM
2.1 Term. The term of this Agreement shall commence on May 8, 2017, upon
being executed by EMPLOYEE and approved by the City Council. This Agreement shall
remain in effect until such time as this Agreement is terminated pursuant to Section 4,
below.
2.2 At-Will Employment, Benefits, Riohts. EMPLOYEE acknowledges that
he is an at-will employee of CITY who shall serve at the pleasure of the City Council at
all times during the period of his service under this Agreement. 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, except to the extent
provided by this Agreement, and, 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
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his employment, except as is expressly provided in Section 4 (Termination) of this
Agreement. Nothing in this Agreement shall limit any rights afforded EMPLOYEE
related to constitutional protections under either federal or state law in continued
employment or termination in accordance with the terms of this Agreement. Nothing
contained in this Agreement shall in any way prevent, limit or otherwise interfere with
the right of CITY to terminate the services of EMPLOYEE as provide in Section 4
(Termination). Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of EMPLOYEE to resign at any time from this position with the CITY, subject
only to the provisions set forth in Section 4 (Termination) of this Agreement. This at-will
Employment Agreement shall be expressly subject to the rights and obligations of CITY
and EMPLOYEE, as set forth in this Agreement.
3. COMPENSATION
3.1 Salary. For all services performed by EMPLOYEE as the City Attorney
under this Agreement, CITY shall pay EMPLOYEE compensation in accordance with
the adopted salary schedule for the position, plus all other compensation benefits
afforded by CITY to other full time Executive Managers. EMPLOYEE shall be entitled to
all cost of living and other salary and benefit adjustments implemented by the CITY as
applicable to other full time Executive Managers. The starting annual salary shall be
Two Hundred Six Thousand Eighty-Eight Dollars ($206,088.00), paid bi-weekly
according to the payroll schedule in place for CITY employees. All compensation,
benefits and leave policies applicable to Executive Managers as contained in CITY'S
Personnel Rules and Regulations shall apply.
3.2 Annual Leave. All compensation and leave policies applicable to
Executive Managers as contained in the CITY'S Personnel Rules and Regulations shall
apply. EMPLOYEE shall annually accrue one hundred ninety-two (192) hours of Annual
Leave. Annual Leave shall be subject to CITY'S Personnel Rules and Regulations as
they apply to other Executive Managers.
3.3 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.
3.4 Transition and Relocation Costs and Expenses. As a one-time
incentive to EMPLOYEE to accept employment hereunder, CITY shall disburse a lump-
sum payment to EMPLOYEE in the amount of Twenty Thousand Dollars ($20,000.00),
paid to Employee within three (3) business days of execution of this Agreement;
however, in the event that EMPLOYEE terminates this Agreement pursuant to Section
4.5 hereof within one year of the execution of this Agreement, EMPLOYEE shall repay
such payment to the extent the City Council may require within ninety (90) days of such
termination.
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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.
"For cause" is defined as any of the following: (i) an act in bad faith or acting in
detriment of the CITY; (ii) refusal or failure to act, upon reasonable notice, in
accordance with any specific lawful direction or order of the City Council, provided only
that said direction or order shall pertain directly to EMPLOYEE's duties under this
Agreement; (iii) unfitness or unavailability for service that exceeds thirty (30)
consecutive calendar days and is not the result of any excused illness, approved leave
or medical condition; (iv) commission of an act involving moral turpitude or other acts
which harm the reputation of or interests of the CITY; (v) habitual neglect of
responsibilities, or incompetence; (vi) a conviction of a felony (or entry of a plea of guilty
or nolo contenders with respect to any such crime); (vii) use of or working while under
the influence of alcoholic beverages or other non-prescribed controlled substances, or
abuse/misuse of lawfully prescribed controlled substances during working hours;
(viii) engaging in an actual conflict of interest; (ix) commission of acts of theft,
embezzlement, or fraud; (x) acceptance of bribes or extortion; (xi) material breach of
this Agreement by EMPLOYEE. If this Agreement is terminated by the City Council "for
cause", EMPLOYEE'S employment shall be deemed immediately terminated and
EMPLOYEE shall surrender all CITY keys, computer passwords, and other CITY
property entrusted to EMPLOYEE for the purpose of the discharge of his duties. Upon
termination for cause, EMPLOYEE shall have no administrative recourse under this
Agreement or any administrative procedure for purposes of challenging the termination
action.
4.2 In the event EMPLOYEE is terminated "without cause" or asked to resign
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 sign by EMPLOYEE, to pay EMPLOYEE a
lump sum cash payment equal to twelve (12) months of Salary and benefits (Section 3)
as severance pay.
4.3 EMPLOYEE shall receive a lump sum payout of any unpaid accruals of
Annual Leave and Sick Leave upon termination of employment for any reason pursuant
to CITY policies.
4.4 EMPLOYEE shall not be entitled to any increases in Salary or benefits
afforded by CITY to other Executive Managers following the date of termination.
4.5 This Agreement may be terminated by EMPLOYEE at any time upon 45
days' written notice to the City Council. If such written notice is given, the CITY has the
option to ask EMPLOYEE to leave his position sooner than the expiration of 45 days,
but, if it does so, the CITY will continue to honor its obligations under this Agreement
until expiration of the 45-day period.
4.6 EMPLOYEE'S employment and this Agreement shall terminate
automatically 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,
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EMPLOYEE'S estate, his accrued and unpaid compensation, and all accrued but
unused benefits, if any, through the date of EMPLOYEE'S death.
4.7 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 and unless doing so creates undue hardship for the CITY.
4.8 The City Council may not terminate this Agreement without cause within
forty-five (45) days of any newly elected City Council member being sworn into office.
5. PROPRIETARY INFORMATION
"Proprietary Information" is all information and any idea pertaining to any
economic development engaged in or contemplated by the CITY (or any CITY affiliate),
including marketing plans and development projects. Proprietary Information shall
include, without limitation, trade secrets (as further defined in Uniform Trade Secrets
Act, Civil Code §3426 et seq.), ideas, inventions, processes, formulae, data, know-how,
software and other computer programs, copyrightable material, marketing plans,
strategies, sales, financial reports, and forecasts. 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. RESIDENCY
The Parties understand and acknowledge that Section 10 of Article 11 of the
California State Constitution prohibits the CITY from requiring its employees to be
residents of the City; nevertheless, EMPLOYEE understands and acknowledges that
the Council expects EMPLOYEE, as a full time charter officer, to be an involved and
active participant in the Palm Springs community and that such involvement and
participation can best be fostered and achieved if EMPLOYEE is a resident of the City.
Thus, to the maximum extent permitted under law, EMPLOYEE waives any rights or
remedies he may have under the aforementioned provision of state law and agrees to
reside within the boundaries of the City during the term of this Agreement. The City
Council agrees to reasonably consider any request of EMPLOYEE for relief from the
requirements of this Section for good cause as may be presented by EMPLOYEE and
only if the City Council finds that the overall goals and expectations as generally
provided herein will be sustained. EMPLOYEE shall establish residency pursuant to the
provisions of this Section within six (6) months of the date of this Agreement.
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8. GENERAL PROVISIONS
8.1 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.
8.2 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, Go City Council
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263
8.3 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.
8.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds
required of EMPLOYEE under any law or ordinance.
8.5 Integration. This Agreement is intended to be the final, complete, and
exclusive statement of the terms of EMPLOYEE'S employment by CITY. This
Agreement supersedes all other prior and contemporaneous agreements and
statements, whether written or oral, express or implied, pertaining in any manner to the
employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or
contemporaneous statements or agreements. To the extent that the practices, policies,
or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent
with the terms of this Agreement, the provisions of this Agreement shall control.
8.6 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.
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8.7 Waiver. Failure to exercise any right under this Agreement shall not
constitute a waiver of such right.
8.8 Assignment. Neither CITY nor EMPLOYEE shall assign any rights or
obligations under this Agreement.
8.9 Severability. 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.
8.10 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.
8.11 Interpretation. This Agreement shall be construed as a whole, according
to its fair meaning, and not in favor of or against any party. By way of example and not
in limitation, this Agreement shall not be construed in favor of the party receiving a
benefit or against the party responsible for any particular language in this Agreement.
Captions are used for reference purposes only and should be ignored in the
interpretation of the Agreement.
8.12 Acknowledament. EMPLOYEE acknowledges that he has had the
opportunity to consult legal counsel in regard to this Agreement, that he has read and
understands this Agreement, that he is fully aware of its legal effect, and that he has
entered into it freely and voluntarily and based on his own judgment and not on any
representations or promises other than those contained in this Agreement.
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.
Date Employee
"CITY" CITY OF PALM SPRINGS
ATTEST:
By: By:
Kathleen D. Hart, MMC David H. Ready, Esq., Ph.D..
Interim City Clerk City Manager
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