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HomeMy WebLinkAbout05621 - GEOFFREY KIEHL DIRECTOR OF FINANCE AND TREASURER CONTRACT OF EMPLOYMENT CONTRACT OF EMPLOYMENT OF DIRECTOR OF FINANCE AND TREASURER CITY OF PALM SPRINGS THIS CONTRACT is made and entered info, to become effective on March 15, 2008, by and between the City of Palm Springs, a California charter city ("City") and Geoffrey Kiehl an individual, both of whom understand as follows: RECITALS A. City desires to contract for services of Geoffrey Kiehl as the Director of Finance and Treasurer of the City of Palm Springs ("Director"). B. It is the desire of the City to secure the services of Director and to provide certain benefits, establish conditions of employment, and set working conditions for Director- C. Geoffrey Kiehl desires to perform the duties of the Director of Finance and Treasurer of the City of Palm Springs. NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: Section 1: Duties. 1.1 City hereby employs Geoffrey Kiehl as Director of Finance and Treasurer of the City to perform the functions and duties of the position as specified in the City of Palm Springs Job Classification, City Charter, Palm Springs Municipal Code, and Government Code of the State of California, as applicable, and to perform such other legally permissible and proper duties and functions as the City Manager shall assign. 1.2 Unless otherwise directed by the City Manager, the services of Director shall be performed at the offices of Director of Finance and Treasurer; provided, however, that the City Manager may require Director to travel temporarily to other locations to perform services for or on behalf of City. 1.3 Geoffrey Kiehl will, to the best of his ability and experience, loyally and conscientiously perform all of the duties and obligations required of Director, either expressly or implicitly according to the terms of this Contract. Contract of Employment— Director of Finance — City of Palm Springs Page 1 of 5 Gr,,,`G r, AN'-D/',:1'r�i Section 2: Compensation. 2.1 City agrees to pay the Director an annual base salary within Salary Range EX3-79, as may be amended from time to time, which is commensurate his educational background and experience. The Director's initial salary shall be $146,340.00, payable in installments at the same time that the other management employees of City are paid. 22 The Director shall be entitled to the same annual adjustments to salary, on the same terms and conditions applicable to all other executive management employees. 2.3 The Director shall be entitled to the same benefits as other executive management employees, on the same terms and conditions applicable to all other executive management employees, consistent with the provisions of Section 3 of Council Resolution 21284, as may be amended from time to time. Section 3: Term of Employment. 3.1 Director shall commence service as Director on or before April 14, 2008, (the "Commencement Date") and shall continue to serve until this Contract is terminated as provided in this Section. 3.2 Either the City or Director may terminate this Contract at any time without advance notice, for any reason, no reason, with or without cause, and in their sole discretion. Director shall have no right to an appeal or grievance procedure, as the Parties acknowledge the applicability of Section 500 of the Palm Springs City Charter that Director serves at the pleasure of the City Manager. To the maximum extent permitted by law, the Director waives any rights he may have under the provisions of California Government Code section 3304(c). Nothing in this Contract shall be construed to create in Geoffrey Kiehl a property right/interest in the position of Director and each party hereby acknowledges that no such property right/interest exists. In consideration therefore, and except as provided in Section 3.3 below, upon termination, City shall pay Director severance pay in an amount equal to three months of his then current salary. 3.3 Notwithstanding Section 3.2, City Manager may terminate Director, 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 knowingly and unlawfully participated in a government decision in which he had a conflict of interest, as defined in California Government Code Sections 871000 et seq., or California Government Code Sections 1090 et seq.; or Contract of Employment— Director of Finance— City of Palm Springs Page 2 of 5 C. Gross misconduct, malfeasance, or gross negligence in the performance of his duties under this contract. D. Voluntary termination of Contract by Director. Section 4: Other Benefits. 4.1 Automobile. The Director shall be provided with an automobile allowance at Four Hundred and Fifty Dollars ($450,00) per month. 4.2 Relocation Expenses. City recognizes that certain expenses related to the Director's relocation are appropriate and desirable in order to secure his timely relocation and ability to assume his responsibilities at the earliest feasible date. The City will pay $3,000.00 to the Director to cover a portion of his temporary housing costs, and related expenses towards his timely relocation of his family consistent with the requirements of Section 5. In addition, the City will pay the Director's moving costs in an amount equal to the lowest of three estimates Director shall secure and submit to the City Manager for review. In the event the Director voluntarily terminates this posisition on or before April 14, 2009, Director shall reimburse the City for the full amount of his moving expenses paid to him pursuant to this Section 4.2, Section 5: Performance Evaluation. 5.1 At least once annually, the City Manager and Director 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 and the Director shall establish a relative priority among those various goals and objectives to be reduced to writing with a mutual expectation of Director's achievement of those goals and objectives within a mutually agreed upon timeframe. The evaluations shall be conducted and completed generally about November 1of each year. 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 his sole discretion, the City Manager shall be entitled to review the performance of Director 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. Section 7: Recitals. The Recitals 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. Contract of Employment— Director of Finance— City of Palm Springs Page 3 of 5 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: IF TO CITY: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA Attention: City Manager IF TO DIRECTOR: To address on file with the City's Human Resources Director 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 shall devote his entire productive time, ability and attention to the business of the City during the term of this Agreement. Notwithstanding the foregoing, the Director may engage in outside activities approved by the City Manager and that do not interfere with the employee's duties as Director. 9.2 Authority to Enter Into Contracts. It is expressly agreed that Director 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 with respect to the employment of Director by City. Each party to this Contract expressly acknowledges that no representations, inducements, promises or Contracts, orally or otherwise, have been made by any party, or any person acting on behalf of any party, which are not embodied herein, and that no other Contract, statement, representation, or promise not contained in this Contract shall be of any force or effect. Contract of Employment— Director of Finance— City of Palm Springs Page 4 of 5 9.4 Cit 's Policies and Procedures. The terms and conditions of Director's employment, including employment benefits of Director 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. GEOFFREY KIEHL CITY OF PALM SPRINGS 62 David Ready City Manager ATTEST: APPROVED BY CITY COUNCIL ay Thompson, City Clerk DIM APPROtIFORM: By: Dougl,As C. Holland, City Attorney Contract of Employment— Director of Finance— City of Palm Springs Page 5 of 5