Item 4.2 ADDITIONAL MATERIAL posted 4/14/14 G,,�.� of PoW�r A.
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CITYOFPOWAY OF ►
MEMORANDUM
�017'1' IN THE c'CiJa�4
ADDITIONAL MATERIAL
(Agenda Related Writings/Documents provided to City Council or Staff after
distribution of the Agenda Packet for the April 15, 2014 Council Meeting)
TO: Honorable Mayor and Members of the City Council
FROM: Morgan L. Foley, City Attorney `(1,
SUBJECT: Approval of Employment A reement for the City Manager
Summary:
The City Manager Employment Agreement originally included in the publication and
distribution of the April 15, 2014 agenda has been modified. The revised Employment
Agreement is attached to this report.
The Poway City Council sits as the Poway Planning Commission, the Poway Housing
Authority, the Public Financing Authority, and the Successor Agency to the Poway
• Redevelopment Agency.
Recommended Action:
It is recommended that the City Council authorize the Mayor to execute the attached
City Manager Employment Agreement between the City of Poway and Daniel Singer.
Fiscal Impact:
None.
Environmental Review:
Environmental review is not required according to CEQA guidelines.
Public Notification:
A copy of this report has been provided to Mr. Daniel Singer and to Ms. Teri Brack-
Brann of Teri Black & Associates LLC
Attachment:
A. City Manager Employment Agreement
1 of 15 April 15, 2014, Item #4.2
CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of Poway, a Municipal
Corporation, and Daniel Singer
1. Parties and Date
This Agreement is dated April _, 2014, and is effective as of May 31, 2014, by and
between the City of Poway, California, a municipal corporation (the "City"), and Daniel
Singer, an individual (the "City Manager").
A. The City requires the services of a City Manager.
B. The City Manager has the necessary education, experience, skills and expertise
to serve as the City's City Manager;
C. The City Council of the City (the "City Council") desires to employ the City
Manager to serve as the City Manager of City;
D. The Parties desire to execute this Agreement pursuant to the authority of and
subject to the provisions of Government Code Section 53260 et seq.; and
E. In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree as
provided in this Agreement.
2. Employment
The City hereby employs the City Manager as its City Manager, and the City Manager
hereby accepts such employment.
3. Commitments and Understandings
A. The City Manager's Commitments
(1) Duties &Authority
(a) The City Manager shall be the Chief Executive Officer of the City
and be responsible to the City Council for the proper
administration of all affairs of the City.
(b) The City Manager shall perform all of the duties of the City
Manager as set forth in Section 2.08.070 of the Poway Municipal
Code (the "Municipal Code"), the California Government Code,
and City policies and procedures approved by the City Council, as
may be provided from time to time.
(c) The City Council has designated and may also designate the City
Manager as the chief executive of other City-related legal entities.
Such other legal entities include the Poway Housing Authority; the
City in its capacity of successor agency to the former
Attachment A
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2 of 15 April 15, 2014, Item #4.2
Redevelopment Agency of the City of Poway; the City's financing
authority; and its joint powers authorities.
(d) To accomplish this, the City Manager shall have the power and be
required to:
(i) Attend all meetings of the City Council, unless excused by
the Mayor, and take part in the discussion of all matters
before the City Council.
(ii) Review all agenda documents before preparing the
agenda for any regular or special meetings of the City
Council.
(iii) Direct the work of all appointive City officers and
departments that are the concern and responsibility of the
City Council, except those that are directly appointed by or
report directly to the City Council. The City Manager may
undertake any study or investigation that is necessary or
desirable, or as directed by the City Council. The City
Manager shall endeavor to implement changes that the
City Manager believes will result in greater efficiency,
economy, or improved public service in the administration
of City affairs.
(iv) Recommend to the City Council adoption of such
measures as the City Manager may deem necessary or
expedient for the health, safety, or welfare of the
community or for the improvement of administrative
services.
(v) Consolidate or combine offices, positions, departments, or
units under the City Manager's jurisdiction. The City
Manager may be the head of one or more City
departments.
(vi) Conduct research in administrative practices in order to
bring about greater efficiency and economy in City
government, and develop and recommend to the City
Council long-range plans to improve City operations and
prepare for future City growth and development.
(vii) Provide management training and develop leadership
qualities among department heads and staff as necessary
to build a City management team that can plan for and
meet future challenges.
(viii) Exercise control of City government in emergencies as
authorized by the Municipal Code and California law.
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3 of 15 April 15, 2014, Item #4.2
(2) Hours of Work
(a) The City Manager is an exempt employee without set hours of
work, but is expected to be available at all times and to engage in
those hours of work that are necessary to fulfill the obligations of
the City Manager's position.
(b) The City Manager shall spend sufficient hours on site to perform
the City Manager's duties; however, the City Manager has
discretion over the City Manager's work schedule and work
location.
(3) Disability or inability to perform
In the event the City Manager becomes mentally or physically incapable
of performing the City Manager's functions and duties with reasonable
accommodation and it reasonably appears such incapacity will last for
more than six months, the City Council may terminate the City Manager.
If the City Council does elect to terminate the City Manager due to
incapacity, the City Manager shall receive all severance benefits provided
in Section 6(C) below.
B. City Commitments
(1) The City shall provide the City Manager with the compensation,
incentives and benefits, specified elsewhere in this Agreement.
(2) The City shall provide the City Manager with office space, staff,
equipment, supplies, automobile allowance, and all other facilities and
services adequate for the performance of the City Manager's duties.
(3) The City shall pay for or provide the City Manager reimbursement for all
actual business expenses. The City shall provide the City Manager a
credit card to charge appropriate and lawful business expenses.
(4) The City agrees to pay the professional dues and subscriptions on behalf
of the City Manager for participation in national, regional, state, or local
associations and organizations, as necessary and desirable for the good
of the City, and for the City Manager's continued professional
participation and advancement.
(5) The City agrees to pay the travel and subsistence expenses of the City
Manager for purposes such as official functions, meetings, occasions,
short courses, institutes and seminars that are necessary for the good of
the City or for the professional development of the City Manager.
(6) The City shall provide a monthly technology allowance of $150 which
reimburses City Manager's technology expenses such as computer,
laptop computer, high-speed internet access, cellular phone, pager or
similar devices.
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4 of 15 April 15, 2014, Item #4.2
(7) The City shall provide City Manager with a temporary housing allowance
for temporary housing located within the City, in the amount of$2,500 per
month, for an initial period of up to three (3) months. If the City Manager
does not secure permanent housing within the initial three (3) months,
City Council may approve an extension of the temporary housing
allowance for up to three (3) additional months. All applicable IRS
regulations will apply to this temporary benefit.
(8) The City shall pay up to $7,500 toward the actual costs incurred for
packing and moving from Ojai, California, to San Diego County, or such
amount in excess of $7,500 as may be approved by the City Council as
reflected in receipts for the actual services to pack and move the City
Manager's household furniture and goods to San Diego County.
C. City Council Commitments
(1) The City Council sets policy for the governance and administration of the
City, and it implements its policies through the City Manager.
(2) Except for the purpose of inquiry, the City Council and its members shall
deal with all subordinate City employees, officers, contractors, and
consultants solely through the City Manager or the City Manager's
designee, and neither the City Council nor any member thereof shall give
orders to any subordinate of the City Manager, either publicly or privately.
(3) The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under
the supervision and control of the City Manager.
(4) The City Council agrees that any criticism of a City staff member shall be
done privately through the City Manager.
(5) Neither the City Council nor any of its members shall interfere with the
execution of the powers and duties of the City Manager. The City
Manager shall take orders and instructions from the City Council only
when it is sitting as a body in a lawfully held meeting.
D. Mutual Commitments
(1) Performance Evaluation
(a) The City Council recognizes that for the City Manager to respond
to its needs and to grow in the performance of the City Manager's
job, the City Manager needs to know how the City Council
members evaluate the City Manager's performance. To assure
that the City Manager gets this feedback, the City Council shall
evaluate the City Manager's performance not later than the 90`h
day after the effective date of this Agreement, and quarterly
thereafter for the first year of his employment. Thereafter the City
Council shall conduct an evaluation of the City Manager's
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5 of 15 April 15, 2014, Item #4.2
performance at least once each year, and/or when it deems
necessary to discuss any concerns or direction in performance.
(b) The City Council. and City Manager shall jointly define goals and
performance objectives which they deem necessary for the proper
operation of the City in the attainment of the City Council's policy
objectives, and shall establish the relative priority among the
various goals and objectives.
(2) ICMA Code of Ethics
(a) The Parties acknowledge that the City Manager is committed to
the ideals of the International City Management Association
("ICMA"). The Parties mutually desire that the City Manager be
subject to and comply with the ICMA Code of Ethics (Attachment
A).
(b) The City Manager commits to comply with the ICMA Code of
Ethics.
(c) The City and the City Council agree that neither the City Council
nor any of its members will give the City Manager any order,
direction, or request that would require the City Manager to violate
the ICMA Code of Ethics.
4. COMPENSATION
The City agrees to provide the following compensation to the City Manager during the
term of the agreement:
A. Compensation & Required Employer Costs
(1) Base Salary
(a) (1) The annual base salary for the position of City Manager
shall be $219,950. This salary will be increased at the same time
and amount as that of other Poway management employees.
Unless the City of Poway's compensation philosophy is amended
by a majority of the City Council the salary of the City Manager
shall be no less than the bottom of the top third (number six) of
City Managers in San Diego County, effective July 1 of each year.
(2) If the City Manager receives a favorable review following
the first quarterly performance evaluation, as described in Section
3(D)(1)(a) of this Agreement, the City Council agrees to increase
the annual salary by 2.75% effective the 91st day of his
employment. This initial salary increase is in lieu of any salary
increase given to the Management/Confidential Group 1 on or
about the first pay period in July, 2014. Following this first salary
increase the City Manager's base salary shall thereafter be
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6 of 15 April 15, 2014, Item #4.2
adjusted at the same time, and in the same percentages, to match
that which is provided to the Management/Confidential Group 1.
(b) The City Manager shall be paid at the same intervals and in the
same manner as regular City employees; in the event that there
are more than twenty-six pay periods in a calendar year the
periodic payments shall be adjusted accordingly so that the salary
shall not exceed any amount approved by the City Council.
(c) The City shall not at any time during the term of this Agreement
reduce the base salary, compensation or other financial benefits
of the City Manager, unless as part of a general City management
salary reduction, and then in no greater percentage than the
average reduction of all City department heads.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if applicable),
including Medicare.
(b) Unemployment Compensation.
(c) Public Employees Retirement System (PERS).
The City contracts with the California Public Employees'
Retirement System for retirement benefits. The City will pay the
City's share, and the City Manager shall pay the employee's share
(e.g., 7%), for participation in PERS.
(d) The cost of any fidelity or other bonds required by law for the City
Manager.
(e) The cost to defend and indemnify the City Manager a_s provided in
Section 7(F) below.
(f) Workers Compensation.
B. Basic Benefits
(1) Holidays
The City Manager is entitled to those paid holidays in accordance with the
provisions of the Salary and Benefit Plan for the
Management/Confidential Group 1.
(2) Leave Allowance
(a) The City Manager shall receive the same vacation and sick leave
accrual and benefits as provided to the Group 1 Management
class of City employees. The City Manager shall be paid for any
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7 of 15 April 15, 2014, Item #4.2
unused accrued vacation upon either voluntary or involuntary
termination of employment.
(b) The City Manager shall be provided with 80 hours of vacation
leave credit effective upon the execution of this Agreement. The
City Manager shall also continue accruing vacation at a rate of
7.662 hours per bi-weekly pay period beginning with the next full
pay period, and for each subsequent pay period thereafter,
following the effective date of this Agreement.
(c) The City Manager shall be entitled to executive leave per year in
accordance with the provisions of the Salary and Benefit Plan for
the Management/Confidential Group 1.
(3) Automobile
The City Manager shall be provided a monthly automobile allowance of
$633.33 in exchange for making a vehicle available for the City
Manager's own use and for City-related business and/or functions during,
before and after normal work hours. The City Manager is not precluded
from using City vehicles for City business during, before, and after the
normal workday on occasion, when appropriate.
(4) Benefits that Accrue to Other Employees
The City Manager shall be entitled to all benefits, rights, and privileges
accorded to non-public safety City Department Directors except as
otherwise provided in this Agreement. If there is any conflict between this
Agreement and any resolution fixing compensation and benefits for non-
public safety City Executive Management employees or other non-
classified employees, this Agreement shall control.
5. SECURITY
A. Pensions
(1) Public Employees Retirement System (PERS)
For the purposes of PERS reporting, the City shall incorporate into the
reported base pay as compensation earnable, but only to the extent, if
any, that PERS will consider it to be compensation earnable, the Section
4.A(1) base pay.
(2) Pre-Retirement Optional Settlement 2 Death Benefit
This benefit will be provided by the City.
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8 of 15 April 15, 2014, Item #4.2
(3) Deferred Compensation
(a) Section 457 Plan
The City will make, in equal proportionate amounts each pay
period, an annual contribution that is calculated at 90% of the
maximum contribution allowed by the Internal Revenue Code and
its related regulations (excluding any age-related and "catch-up"
provisions that are now or may in the future become applicable)
into a qualified Section 457 Plan from one of the City approved
plans as selected by the City Manager. Amounts contributed
under this section shall be to the benefit of the City Manager in
accordance with the Deferred Compensation Plan participation
agreement. As of the date of this Agreement the maximum
contribution is $17,500; therefore the initial annual contribution will
be $15,750.
(b) Section 401(a) Plan
The City will make, in equal proportionate amounts each pay
period, an annual contribution of $6,000 into an Internal Revenue
Code Section 401(a) account.
(c) Internal Revenue Code Compliance
All provisions of this Section 5(A) are subject to the provisions and
limitations of the Internal Revenue Code and its related
regulations as amended from time to time. No requirement of any
provision of this Section 5(A) shall be effective if it would violate
any provision of the Internal Revenue Code or its related
regulations.
B. Insurance
(1) Disability Insurance
Long Term Insurance is provided.
6. SEPARATION
A. Resignation/Retirement
The City Manager may resign at any time and agrees to give the City at least 45
days' advance written notice of the effective date of the City Manager's
resignation, unless the Parties otherwise agree in writing. If the City Manager
retires from full time public service with the City, the City Manager may provide
six months' advance notice. The City Manager's actual retirement date will be
mutually established.
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9 of 15 April 15, 2014, Item #4.2
B. Termination & Removal
(1) Manager is an at-will employee serving at the pleasure of the City Council
as provided in Government Code Section 36506.
(2) The City Council may remove the City Manager at any time, either with or
without cause, by a majority vote of its members. Notice of termination
shall be provided to the City Manager in writing. The City Council may
also elect not to renew this Agreement. Notice of nonrenewal shall also
be provided to the City Manager in writing. The City Council understands
that termination or nonrenewal of employment without cause could result
in an adverse financial impact not completely mitigated by any severance
compensation as provided in this Agreement. Therefore, the City Council
agrees that if termination or nonrenewal is made without cause it shall
provide not less than nine (9) months' notice of termination to the City
Manager. If the City Council elects not to renew this Agreement the City
Council agrees that it shall convene a meeting to evaluate the City
Manager's performance at its next regularly scheduled meeting or a
special meeting, but in no event later than fifteen (15) days after notice of
nonrenewal is delivered to the City Manager. If the City Manager resigns
after receiving notice of termination, or notice of nonrenewal, the
resignation shall be considered "involuntary" as described in Section 6(D)
of this Agreement. Termination as used in this section shall also include
a request that the City Manager resign, a reduction in salary or other
financial benefits of the City Manager (excluding a general City
Management salary reduction), a material reduction in the powers and
authority of the City Manager, or the elimination of the City Manager's
position. Any such notice of termination or act constituting termination
shall be given at or effectuated at a duly noticed regular meeting of the
City Council.
(3) As provided in Municipal Code Section 2.08.090, the City Manager shall
not be terminated during the 90-day period following any City election for
membership on the City Council.
C. Severance Pay
(1) In the event the City Manager is terminated by the City Council during
such time that the City Manager is willing and able to perform the City
Manager's duties under this Agreement, then in that event the City agrees
to pay the City Manager a lump sum cash payment equal to the lesser of
(a) the actual number of months' salary remaining and benefits on the
current term of employment, and (b) twelve (12) months' base salary and
benefits then in effect as provided in Section 4(A) above. It is the
intention of the parties that this paragraph complies with the requirements
of Government Code Section 53260 et seq. In the event of any conflict
between this provision and those code sections, the terms of those code
sections shall govern the contractual relationship between the employer
and employee.
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10 of 15 April 15, 2014, Item #4.2
(2) In addition, the City shall extend to the City Manager the right to continue
health insurance as may be required by and pursuant to the terms and
conditions of the Consolidated Omnibus Budget Reconciliation Act of
1986 (COBRA).
(3) In the event the City refuses, following written notice of non-compliance,
to comply with any provision in this Employment Agreement benefiting the
City Manager, or the City Manager resigns following a suggestion,
whether formal or informal, by a majority of the City Council that the City
• Manager, resign, then, in that event, the City Manager may, at the City
Manager's option, be deemed to be "terminated" as of the date of such
refusal to comply or suggestion to resign and this severance pay
provision shall be actuated.
(4) All payments required under this Section 6 are subject to and shall be
interpreted to comply with the limitations set forth in Government Code
Section 53260.
D. Involuntary Resignation
(1) In the event that the City Council formally or a majority of the City Council
informally asks the City Manager to resign, then the City Manager shall
be entitled to resign and still receive the severance benefits provided in
Section 6.0 above.
(2) The City Manager has relied upon the provisions of the Municipal Code
upon entering into this Agreement, as it pertains to the City Manager's
role, powers, duties, authority, responsibilities, compensation, and
benefits. In the event the City Council adds, deletes or amends the
Municipal Code without the consent of the City Manager, and such
addition, deletion or amendment is inconsistent with the terms of this
Agreement and the City Manager's role, powers, duties, authority,
responsibilities, compensation and benefits as currently provided, then
the City Manager shall have the right, at the City Manager's sole option,
to give the City Council notice that such amendment(s) constitute a
request by the City Council for the City Manager's involuntary resignation.
(3) Upon receipt of such notice the City Council shall have thirty days in
which to do one of the following: (a) rescind the amendment(s); (b)
renegotiate this Agreement to the City Manager's satisfaction; (c) confirm
that The City Manager is being asked to involuntarily resign; or (d) take no
action. In the event that either (c) or (d) occurs, or the City is unable to
accomplish (b), then the City Manager is entitled to resign and still receive
the severance benefits provided in Section 6(C) above.
E. Separation for Cause
(1) Notwithstanding the provisions of Section 6(C), the City Manager may be
terminated for cause. As used in this section, "cause" shall mean only
one or more the following:
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11 of 15 April 15, 2014, Item #4.2
(a) Conviction of, or no contest plea to, a felony;
(b) Conviction of, or no contest plea to, any illegal act involving moral
turpitude or personal gain;
(c) Continued abuse of non-prescription drugs or alcohol that
materially affects the performance of the Manager's duties;
(d) Any act constituting a knowing and intentional violation of the
City's conflict of interest code; or
(e) Repeated and protracted unexcused absences from the City
Manager's office and duties;
(2) In the event the City terminates the City Manager for cause, then the City
may terminate this Agreement immediately, and the City Manager shall
be entitled to only the compensation accrued up to the date of
termination, payments required by Section 6(F) below, and such other
termination benefits and payments as may be required by law. The City
Manager shall not be entitled to any severance benefits provided by
Section 6(C).
(3) If the City Manager is terminated for cause, and "cause" meets the
definition of "abuse of office or position," as defined in Government Code
section 53243.4, the provisions of Government Code sections 53243
through 53243.4 shall apply and prevail over any contrary terms and
conditions of this Agreement.
F. Payment for Unused Leave Balance
(1) On separation from City employment, the City Manager shall be paid for
all unused accrued leave allowances provided in Section 4(B)(2) above in
accordance with the current salary and benefits plan for
Management/Confidential Group 1 employees. Accumulated leave
balances shall be paid at the City Manager's monthly base salary rate at
the effective date of separation.
(2) In the event the City Manager dies while employed by the City under this
Agreement, the City Manager's beneficiaries or those entitled to the City
Manager's estate, shall be entitled to the City Manager's earned salary,
and any in-lieu payments for accrued benefits, including compensation for
the value of all accrued leave balances.
G. Joint Statements of Separation In the event of resignation or retirement of
the City Manager, termination by the City (with or without cause), or other
separation of employment as described in the Section 6, the City and the City
Manager agree that neither any member of the City Council, or the City's
management staff, nor the City Manager, shall make any written, oral or
electronic statement to any member of the public, the press, or any City
employee concerning the City Manager's termination or separation, except in the
form of a joint press release or statement, the contents of which is mutually
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agreeable to both the City and the City Manager. The joint press release or
statement shall not contain any text or information that is disparaging to either
Party. Either Party may verbally repeat the substance of this Section 6(G), and
the joint press release or statement, in response to any inquiry.
7. MISCELLANEOUS PROVISIONS
A. Term
The initial term of this Agreement shall be for a period of thirty-six (36) months
beginning May 31, 2014 and continuing until 12:00 p.m. May 31, 2017 (the "initial
Termination Date").
B. Subsequent Terms
Unless the City gives the City Manager written notice of non-renewal at least nine
(9) calendar months prior to the initial Termination Date or the termination date of
any Renewal Term (as hereinafter defined) this Agreement may be renewed by
the parties for one or more additional terms of up to three (3) years each, each
renewal term to be reflected by a written amendment signed by the parties. If the
parties cannot mutually agree to the term of any renewal this Agreement shall
continue in effect for automatic renewals of one (1) year each (whether renewed
by amendment or renewed by operation of this Section each, a "Renewal Term").
C. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to survive the City
Manager's termination of employment with the City, including but limited to
Sections 6 and 7(E). These sections, and the others so intended, shall survive
termination of employment and termination of this Agreement.
D. Amendments
This Agreement may be amended at any time by mutual agreement of the City
and the City Manager. Any amendments are to be negotiated, put in writing, and
adopted by the City Council.
E. Conflict of Interest
(1) The City Manager shall not engage in any business or transaction or have
a financial or other personal interest or association, direct or indirect,
which is in conflict with the proper discharge of official duties or would
tend to impair independence of judgment or action in the performance of
official duties.
(2) The City Manager shall also be subject to the conflict of interest
provisions of the California Government Code and any conflict of interest
code applicable to the City Manager's City employment.
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13 of 15 April 15, 2014, Item #4.2
(3) The City Manager is responsible for submitting to the City Clerk the
appropriate Conflict of Interest Statements at the time of appointment,
annually thereafter, and at the time of separation from the position.
F. Indemnification
(1) To the full extent of the law, the City shall defend and indemnify the City
Manager, in his capacity as City Manager, and as the chief executive of
other City-related legal entities as provided in Section 3(A)(1)(c) above,
against and for all losses sustained by the City Manager in direct
consequences of the discharge of the City Manager's duties on the City's
behalf for the period of the City Manager's employment, save and except
those losses sustained as a result of the willful act or omission of the City
Manager, including any "abuse of office or position," as described in
Section 6(E)(4) of this Agreement.
(2) The City shall defend, save harmless and indemnify the City Manager
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 in the performance of the City Manager's duties as
City Manager. The City may compromise and settle any such claim or
suit and pay the amount of any settlement or judgment rendered thereon.
(3) Whenever the City Manager shall be sued for damages arising out of the
performance of the City Manager's duties, the City shall provide defense
counsel for the City Manager in such suit and indemnify the City Manager
from any judgment rendered against the City Manager; provided that such
indemnity shall not extend to any judgment for damages arising out of any
willful wrongdoing. This indemnification shall extend beyond termination
of employment and the otherwise expiration of this Agreement to provide
protection for any such acts undertaken or committed in the City
Manager's capacity as City Manager, regardless of whether the notice of
filing of a lawsuit occurs during or following employment with the City.
This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies that the City Manager
may have under the law.
(4) The City and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the City Manager, while
acting within the scope of the City Manager's duties, from all claims,
losses and liabilities arising out of or incident to activities or operations
performed by or on behalf of the City or any party affiliated with or
otherwise claiming under or through it, regardless of any prior,
concurrent, or subsequent active or passive negligence by the City
Manager.
G. Severability
If any clause, sentence, part, section, or portion of this Agreement is found by a
court of competent jurisdiction to be illegal or unenforceable, such clause,
sentence, part, section, or portion so found shall be regarded as though it were
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14 of 15 April 15, 2014, Item #4.2
I
not part of this Agreement and the remaining parts of this Agreement shall be
fully binding and enforceable by the Parties hereto.
H. Laws Affecting Title
In addition to those laws affecting a City Manager, the City Manager shall have
the same powers, rights and responsibilities as a Chief Executive Officer, City
Administrative Officer, Administrator, and City Administrator as those terms are
used in local, state or federal laws.
I. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of
California, and the Parties agree that venue shall be in San Diego County,
California.
J. Entire Agreement
f
This Contract represents the entire agreement of the Parties, and no
representations have been made or relied upon except as set forth herein. This
Contract may be amended or modified only by a written, fully executed
agreement of the Parties.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and
year first above written.
CITY OF POWAY CITY MANAGER
By: By:
Don Higginson, Mayor Daniel Singer
ATTEST:
By:
Sheila Cobian, City Clerk
APPROVED AS TO FORM:
By:
Morgan L. Foley, City Attorney
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