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HomeMy WebLinkAboutAGMT - Kilmer, Keith L. (Interim Police Chief) • i EMPLOYMENT AGREEMENT Between R.s :,.. O j po FgC;. '10)A6t,.,11,:40 City of Seal Beach 211 - 8th Street • Seal Beach, CA 90740 and Keith L. Kilmer 911 Seal Beach Blvd. Seal Beach, CA 90740 • This employment agreement ("Agreement") is made and entered into on June 2252012, by and between the City of Seal Beach, a charter city and municipal corporation ("City"), and Keith L. Kilmer. 1 Error!Unknown document property name. RECITALS WHEREAS, it is the desire of the City to hire Keith L. Kilmer ("Employee") to serve on an interim basis to perform the duties of Interim Chief of Police; and WHEREAS, Employee represents that he is qualified to perform the duties of Interim Chief of Police. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: AGREEMENT 1.0 Duties 1.1 The City hereby engages the services of Employee to perform the functions and duties of Interim Chief of Police ("Services"). Employee is "at-will" and serves at the pleasure of the City's City Manager. 1.2 Employee shall devote his full energies, interests, abilities and productive time to the performance of the Services. The parties acknowledge that the hours will fluctuate depending on the City's need. 1.3 Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes, with his duties and responsibilities to City. 2.0 Term and Termination 2.1 Term and Effective Date. Employee shall commence his services hereunder as of June 25, 2012 (the effective date of this Agreement). Unless extended, this Agreement shall expire on the earliest of the following dates: December 24, 2012 or the date upon which Employee has worked 960 hours. 2.2 Termination. Either City or Employee may terminate this Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Employee shall be compensated for those services that have been adequately rendered to City prior to the effective date of termination, and Employee shall be entitled to no further compensation. 2.3 Extension of Term. City's City Manager and Employee may extend the term of this Agreement to the day before the effective date of the City's employment of a Chief of Police. 2 Error!Unknown document property name. 3.0 Compensation 3.1 Salary. City shall pay Employee a salary of $4000.00 for each week worked. City shall pay Employee at the same time employees of the City are paid on a bi-weekly basis. Employee shall be an exempt employee under the Fair Labor Standards Act and shall not be entitled to any . overtime compensation in any form. Because of Employee's unique situation and ineligibility for any form of paid leaves or paid holidays, Employee may, with City Manager prior approval, take leave without pay for those working hours that he is not available to perform his services. Employee will report any leave without pay hours on his timesheet. 3.2 Expenses. City shall reimburse Employee for actual and necessary expenses incurred in the performance of his official duties that are supported by expense receipts in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures. 3.3 Benefits. 3.3.1 City Vehicle. Employee's duties require him to be available to respond to the demands of City business after regular work hours and on weekends. City shall provide Employee with an automobile to be used for City business and personal use within the City and within a 50-mile radius of the City or Employee's residence. 3.3.2 Uniform and Equipment. City shall provide Employee with two fully equipped police uniforms and all related equipment necessary for him to provide the Services. 3.3.3 Mobile Phone Allowance. City shall provide Employee with a mobile phone allowance of $75.00 per month for the performance of his official duties. 4.0 Insurance Employee shall procure and maintain in effect a policy of automobile insurance on his private vehicle. Such insurance shall not be subject to cancellation, modification or lapse without City first receiving 10 days advance written notice 5.0 Indemnity and Immunities 5.1 City agrees to indemnify, defend, and hold harmless Employee from and against any and all claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm or damage arises out of or is in any way caused by the acts, omissions, negligence or misconduct of City, its officials, officers, agents or contractors. 3 Error!Unknown document property name. 5.2 Employee agrees to indemnify and hold harmless City, its elected and appointed officials, officers, agents and contractors against any claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm or damage arises out of or is in any way caused by the gross negligence or gross misconduct of Employee. • 5.3 In connection with Employee's performance of the Services, and while Employee is acting within the course and scope of this Agreement, the parties intend for Employee to be entitled to the immunities and privileges set forth in the Government Tort Claims Act (California Government Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. 5.4 The provisions of this Mutual Indemnity Clause shall survive the termination or expiration of this Agreement. 6.0 Confidentiality Employee covenants that all data, documents, discussion, or other information developed or received by Employee or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Employee without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Employee's covenant under this Section shall survive the termination of this Agreement. 7.0 Assignment Employee shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 8.0 General Provisions 8.1 Compliance with Laws. Employee shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 8.2 Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Employee constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Employee, and the making of any such payment by City shall in no way impair or 4 Error!Unknown document property name. • • prejudice any right.or remedy available to City•with regard to.such.breach:. .• . . ,. .or default. . 8.3 -Attorney's Fees. In the event that either:part r. y to this Agreement shall'' . . • . . commence any •legal-action o •proceeding to..enforce or interpret the• • •provisions of .this- .Agreement„..the. preyailing.-..party, in such •action or. • • • • . 'proceeding shall•be entitled -.to: recover..its •costs ••of:suit,: including all •• .. . . _ attorney's fees.incurred in connection with-such action or proceeding:. The: " • . venue-for any litigation shall.be.Orange County,-California. •: 8.4 • The headings'herein.are descriptive•only and.for•convenience in reference . • to this Agreement. Should there' be any conflict between such.caption, - • and the•section where.he. heading-appears,.•the section, and not 'such• - - : • • heading, shall.control and govern:in the construction of this Agreement. . - . • 8.5 This Agreement shall-be governed and 'construed in accordance,with the: •.• • ••. laws of the State of California. . . :. • . • -8.6. . This.Agreement reprets sen the :entire agreement.between the parties and - : . - -supersedes other agreements,either.oral or in writing;between the parties . • • with respect:to the.-subject.matter of this:•Agreement..:.-Each :party..to.this • - : - Agreement acknowledges:that no representations,Inducements,"promises . or agreements,--orally or 'otherwise,'have been made'•by'either.:,party, or. . . . : .:anyone acting.on behalf of:either party, which-.are:not.embodied.herein,. • - - : . and that no other agreement, statement of promises: not contained,in this ••• • • Agreement shall be valid or.binding:upon either party.: - ' • • ' . • IN WITNESS.. WHEREOF, • the •CITY:::OF•-•SEAL BEACH ::has caused .this : • . Agreement.to•be.signed.'and executed on its behalf:by-.its City.:Manager, and.duly.. attested by its officers thereunto:duly .authorized,' and •Employee •has-.signed. and . executed this Agreement, both induplicate. : :. . • .. ' • • • - .- • - • • • •• CITY OF SEAL BEACH • • : :EMPLOYEE. • • -. : •da! • rp.. • - : - .. . • ,- - •.-.-. .-. . .Jill R. Ing ram, C' i , :nager----.. : - . : -Keith.L.:Kilmer. • . . • Dated: • la g J a-- • •• • • • . Dated: _ 6- Z 7 —/z-- • •• ATTEST: •' • . • . : : - APPROVED AS TO F RM: . • - : . ' • III - E, or!Unknown docu ent property name. :- .• • • • -