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HomeMy WebLinkAbout2008 CON Kim Krause - Employment AgreementEMPLOYMENT AGREEMENT This Agreement made and entered into this 3rd day of March, 2008, by and between the City of National City, (hereinafter "Employer"), and Kim Krause, (hereinafter "Employee"), experienced in local government finance, both of whom agree as follows: Section 1 Term This Agreement shall remain in full force and effect for a period of four (4) months from March 4, 2008, through June 30, 2008, unless sooner terminated by the Employer or Employee as provided in Section 8, 9, or 10 of this Agreement. Contract extensions will be discussed and amended as necessary. Section 2 Duties and Authority Employer agrees to employ Employee as a Special Assistant to the Finance Director on an at -will basis, to perform functions and duties specified herein and to perform other legally permissible and proper duties and functions, commencing on March 3, 2008. Section 3 Compensation Employer agrees to pay Employee at the rate of $70.00 per hour, including all appropriate retirement contributions, payable in installments at the same time the other executive employees of the Employer are paid. Section 4 Resignation In the event that the Employee voluntarily resigns her position with the Employer, the Employee shall provide a minimum of 10 business days written notice unless the parties agree otherwise. Section 5 Hours of Work Work may be accomplished away from the normal work site and during other than normal office hours and billed on the timesheet accordingly, due to the health of a family member. However, this position is expected to attend required meetings and be present at the work site whenever necessary. Work assignments and meeting schedules will be coordinated through the Finance Director with due regard to the City's needs and your personal schedule. Employee is expected to work approximately 40 hours per week, on the same schedule as other National City employees. Section 6 Sole Employment The employment provided by this Agreement shall be the Employee's sole employment, unless additional employment is approved in writing by the Finance Director or City Manager. Section 7 Indemnification In accordance with federal, State or local law, the Employer shall defend, hold harmless and indemnify the Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring during the course and scope of the performance of the Employee's duties as a Special Assistant to the Finance Director, or resulting from the exercise of judgment or discretion in connection with the course and scope of performance of program duties or responsibilities, unless the act or omission involved willful or wanton misconduct. Legal representation provided by the Employer for the Employee shall extend until a final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify the Employee against any and all losses, damages, judgments, interests, settlements, fines, court costs and other reasonable costs or expenses for legal proceedings, including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of the Employee in the course and scope of her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in the Section, to be available. The Employee recognizes the Employer shall have the right to compromise and settle any claim or suit. Further, the Employer agrees to pay all reasonable litigation expenses of the Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond the Employee's service to the Employer as long as litigation is pending. Further, the Employer agrees to pay the Employee reasonable consulting fees and travel expenses when the Employee serves as a witness, advisor or consultant to the Employer regarding pending litigation. Section 8 Other Terms and Conditions of Employment A. The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or by practice. B. Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other appointed employees of the Employer as provided in the Municipal Code or by practice. C. National City is responsible to provide the workspace, equipment and appropriate access to data to complete the scope of work. National City is also responsible for providing administrative assistance as requested to meet deadlines. Section 9 Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Finance Director, City of National City, 1243 National City Boulevard, National City, CA 91950-4301. (2) EMPLOYEE: Kim Krause, 825 America Way, Del Mar, CA 92014. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 10 General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or Page 2 Employment Agreement City of National City — Kim Krause representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on March 3, 2008. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. F. Construction. The parties acknowledge and agree that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (4) each party and such party's counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of the Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto execute this Agreement on the date and year first above written. CITY OF NATIONAL CITY KIM KRAUSE (EMPLOYER) (EMPLOYEE) By: ( d t.. L . <^ G. By: (52 • 6,44.4.4°" Cris Zapata, Ci anager Kim Krause APPROVED AS TO FORM: giaLZ George H. Eiser, III City Attorney Page 3 Employment Agreement City of National City — Kim Krause City of National City Office of the City Clerk 1243 National City Blvd. National City, CA 91950-4397 619-336-4228 619-336-4229 fax KIM KRAUSE Employment Agreement Norma Urias (Finance Department) has provided the contractor a fully executed original contract.