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HomeMy WebLinkAboutAGMT - Curtis, Barry (Interim Community Development Director)EMPLOYMENT AGREEMENT Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Barry Curtis -1- This Agreement is made to be effective as of July 9, 2021, by and between the City of Seal Beach, a California charter city ("City"), and Barry Curtis, an individual ("Employee"). RECITALS A. Effective July 9, 2021, City has appointed Employee as a retired annuitant to the position of Interim Community Development Director. B. Employee represents that he is qualified to perform the duties of Interim Community Development Director. C. City and Employee wish to enter into an Employment Agreement ("Agreement"). NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows: 1. TERM. The effective date of this Agreement is July 9, 2021. This Agreement shall be effective through the earliest of the following dates: June 30, 2022 or the date upon which Employee has worked 960 hours between September 1, 2021 and June 30, 2022. 2. DUTIES AND AUTHORITY. Employee shall exercise the powers and perform the duties of the position of Interim Community Development Director as set forth by City. Employee shall exercise such other powers and perform such other duties as the City Manager may assign. Employee shall serve at the pleasure of the City Manager and shall be an exempt, "at -will" employee not subject to any collective bargaining agreement or civil service system. 3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his full energies, interests, abilities and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests. Employee has disclosed existing commitments for outside professional work to Employer. Other than time spent on the professional commitment previously disclosed to Employer, Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with, or which materially interferes, with his duties and responsibilities to City. 4. COMPENSATION AND REIMBURSEMENT FOR EXPENSES. A. Hourly Rate. City shall pay Employee at an hourly rate of $90.46, less any legally required deductions. Employee shall not work, and shall not be paid for, more than 960 hours between September 1, 2021 and June 30, 2022. Employee's compensation shall be subject to withholding and other applicable taxes, and shall be payable to Employee at the same time as employees of City are paid. Employee shall be exempt from the overtime pay provisions of California and federal law. -2- B. Expenses. City shall reimburse Employee for actual, reasonable, 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, subject to the approval of the City Manager. 5. INDEMNIFICATION. Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, City will defend and pay any costs and judgments assessed against Employee arising out of an act or omission by Employee occurring in the course and scope of Employee's performance of his duties under this Agreement. 6. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The City Manager may from time to time fix other terms and conditions of employment, as well as job duties, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement or other applicable law. 7. TERMINATION. A. Termination by City. Employee is employed at the pleasure of the City Manager, and is thus at -will. The City Manager may terminate this Agreement and the employment relationship at any time without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the employment of Employee. City shall pay Employee for all services through the effective date of termination. B. Employee -Initiated Termination. Employee may terminate this Agreement by providing City 30 days advance written notice. The City Manager may, in his or her sole discretion, waive all or part of this advance notice period. 8. INTEGRATION OF AGREEMENT. This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee's employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party. 9. METHOD OF AMENDMENT. Amendments to this Agreement are effective only upon City and Employee written approval. 10. NOTICES. All notices pertaining to this Agreement shall be sent to: Egli Employee: Barry Curtis 211 8th Street Seal Beach, California 90740 (or at such other address as Employee may designate later in writing) CITY: City Manager City of Seal Beach 211 8th Street Seal Beach, California 90740 Such notice shall be deemed made when personally delivered, transmitted by facsimile, or when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 11. GENERAL PROVISIONS. A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. B. This Agreement shall be interpreted and construed pursuant to and in accordance with the City Charter, applicable laws of the State of California and all applicable City Codes, Ordinances and Resolutions. Executed by the parties as of the date below at Seal Beach, California. City of Seal Beach By: Jil . Ingram, City Manage Date: 01/1111202-) E,mo ye r 2q 20� Barry Curti , Interim Community Development Director CH APPROVED AS TO FORM Steele, City Attorney -5-