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Home My WebLink AboutAGMT - Importuna, Patrick (Interim Asst. City Manager) . - EMPLOYMENT AGREEMENT FOR INTERIM EMPLOYEE between iAA wort t - City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 and Patrick P. Importuna 7445 Bermuda Island Street Las Vegas, NV 89123 This EMPLOYMENT AGREEMENT ( "Agreement ") is made and entered into this 21st day of April 2008, by and between the CITY OF SEAL BEACH, a charter city ( "City "), and PATRICK P. IMPORTUNA, an individual ( "Employee "). RECITALS WHEREAS, City desires to employ a person to serve on an interim basis in the position of Interim Assistant City Manager; and WHEREAS, Employee has served as a City Manager prior to his retirement, and is fully familiar with proper administration of all affairs of a city. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: AGREEMENT 1.0 DUTIES. Employee shall perform the functions and duties for Assistant City Manager specified in City's Municipal Code and Personnel Rules and Regulations and to perform such other legally permissible and proper duties and functions as City Manager shall, from time to time, direct or assign (collectively "Services "). 1 i • 2.0 TERM & TERMINATION 2.1 Commencement. Employee shall commence Services on April 28, 2008. 2.2 Employment Status. Employee is an "at- will" temporary employee serving at the pleasure of the City Manager. 2.3 Limitation on Termination. City shall not terminate the employment of Employee or this Agreement prior to July 25, 2008. 2.4 Expiration Date. Unless extended by an amendment to this Agreement or earlier terminated pursuant to §2.5, this Agreement shall expire on October 24, 2008. 2.5 Termination. Except as provided in § 2.3, either party may terminate this Agreement at any time, with or without cause, upon 14 days advance written notice to the other party. Either party may accept Tess notice. 3.0 SALARY & BENEFITS 3.1 Monthly Compensation. City shall pay Employee for Services rendered a monthly salary of $12,500.00. Employee's salary shall be subject to withholding and other applicable taxes, and shall be payable to Employee at the same time as other employees of City are paid. Employee shall be exempt from the overtime pay provisions of California and federal law. 3.2 Benefits. With the exception of FICA and Medicare coverage, Employee is not entitled to any City benefits, including, but not limited to, medical benefits, vision benefits, dental benefits, vacation or sick leave accruals, or any other benefits afforded City employees. 3.3 Holidays. Employee is entitled to the holidays generally available to other exempt employees of City. 4.0 EXPENSES. CITY will 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 resolutions, rules, policies or procedures. 5.0 ATTENDANCE AT MEETINGS. City will reimburse Employee for all expenses associated with his participation in meetings for regional and Orange County associations and organizations approved by the City Manager. 6.0 BONDING. City shall bear the full cost of any fidelity or other bonds required of the Employee by the City Manager or as required under any law or ordinance. 2 1 7.0 AMENDMENT. This Agreement may be amended only with an amendment signed by City Manager and Employee. 8.0 NO REDUCTION IN SALARY. City shall not reduce Employee's salary without Employee's consent. 9.0 MUTUAL INDEMNITY. 9.1. City Indemnity. City will 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 arises out of or is in any way caused by the acts, omissions, negligence or misconduct of City, its officials, officers, agents or other Employees. 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 Govemment Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. 9.2. Employee Indemnity. Employee will indemnify, defend, and hold harmless City, its elected and appointed officials, officers, agents and Employees 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 arises out of or is in any way caused by the negligent acts, negligent omissions or misconduct of Employee. 9.3 Survival. The provisions of this Mutual Indemnity clause (Section 9) shall survive the termination or expiration of this agreement. 10.0 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 are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party. 11.0 GENERAL PROVISIONS. 11.1 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 3 • particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 11.2 This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California, the City Charter and all applicable City Codes, Ordinances and Resolutions. 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 in duplicate. CITY OF SEAL BEACH EMPLOYEE C am ' David N. Carman City Manager Patrick P. Imo una • Y Y 9 P 1-Z2-0`6' Dated: � D ated: y —A ATTEST: APPROVED AS TO FORM: Ai dii- -- it Clerk Attorney [END OF SIGNATURES] 4