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HomeMy WebLinkAbout05141 - PLANNING DIRECTOR CONTRACT OF EMPLOYMENT CRAIG A EWING Craig A. Ewing Contract of Employment Planning Director AGREEMENT #5141 MO 7725, 7-20-05 CONTRACT OF EMPLOYMENT OF PLANNING DIRECTOR CITY OF PALM SPRINGS THIS CONTRACT is made and entered into, to become effective on July 20, 2005, by and between the City of Palm Springs, a municipal corporation, hereinafter called "City" and Craig A. Ewing, an individual, hereinafter called "Planning Director," both of whom understand as follows: A. City desires to contract for services of Craig A. Ewing as Planning Director of the City of Palm Springs; and B. it is the desire of the City to continue to receive the services of Planning Director and to provide certain benefits, establish conditions of employment, and set working conditions for Planning Director; and C. Craig A. Ewing desires to continue to perform as Planning Director of 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 Craig A. Ewing as Planning Director of City to perform Planning Director 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 Planning Director shall be performed at City Hall, provided, however, that City may require Planning Director to travel temporarily to other locations to perform services for or on behalf of City. 1.3 Planning Director will, to the best of his ability and experience, loyally and conscientiously perform all of the duties and obligations required of Planning Director, elither expressly or implicitly by the terms of this Contract. Section 2: Compensation and General Provision for Benefits 2.1 City agrees to pay Planning Director an annual base salary of $126,180 payable in installments at the same time that the other executive management employees of City are paid. 2.2 Planning Director 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. 92559.3 ORIGINAL Contract of Employment— Planning Director— City of Palm Springs Page 1 of 4 Section 3: Term of Employment. 3.1 Planning Director shall commence service as Planning Director on or before September 1, 2005 and shall continue to perform such services until this ,Agreement is terminated as provided in this Section. 3.2 Either the City or Planning 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. 3.3 In the event the City Manager terminates this Contract as provided in Section 3.2, Planning Director shall have no right to an appeal or grievance procedure, as the Parties acknowledge and agree that he 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 Planning Director .severance pay in an amount equal to four (4) months of his then current salary. 3.4 Notwithstanding Section 3.3, City Manager may terminate Planning 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 Planning 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 C. Voluntary termination of Contract by Planning Director; or D. Gross misconduct, malfeasance, or gross negligence in the performance of his duties under this contract. Section 4: Other Benefits. 4.1 Automobile. The Planning Director shall be provided with an automobile allowance at Four Hundred and Fifty Dollars ($450.00) per month. 4.2 Relocation Expenses. City further recognizes that certain expenses related to Planning 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 reimburse Planning Director for up to $1,000.00 to cover the reasonable costs of the Planning Director's travel, hotel expense, and meals, in making no more than two trips from his current residence in Northern California to Palm Springs as part of his efforts to timely affect his relocation and secure temporary and/or permanent housing. In addition, the City will pay Planning Director's moving costs in an amount not to exceed $5,000.00. Section 5: Performance Evaluation. 192559.3 Contract of Employment— Planning Director— City of Palm Springs Page 2 of 4 5.1 At least once annually, the City Manager, the Assistant City Manager, and Planning 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, Assistant City Manager, and the Planning Director shall establish a relative priority among those various goals and objectives to be reduced to writing with a mutual expectation of Planning Director'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 Planning 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 Planning Director. 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: IF TO CITY: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA Attention: City Manager IF TO PLANNING DIRECTOR: 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. 192559.3 Contract of Employment— Planning Director— City of Palm Springs Page 3 of 4 Section 9: Miscellaneous. 9.1 Outside Employment. Planning 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 Planning Director shall be entitled to continue teaching provided that the scheduling of such teaching activities does not interfere with the employee's other duties as Planning Director. 9.2 Authority to Enter Into Contracts. It is expressly agreed that Planning 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 Planning Director with respect to the employment of Planning Director 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 Planning Director's employment, including employment benefits of Planning 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. — CITY OF PALM SPRINGS David Ready City Manager ATTEST: APPROVED BY CITY COUNCIL o - 4 w'I1F'9 p `l�fi ' .�,. Clt1 'E��i;;'"lt,;,, / James Thompson, City Clerk rPPROV 0 FORM: By: l y r Dou as Holland, City ttorney C:0. IA. EW-tf lG 192559.3 Contract of Employment— Planning Director— City of Palm Springs Page 4 of 4