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Plumlee, Bret/Employment Agreement 07 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreemf,nt") is made and entered into this 20th day of April, 2007, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Bret Plum!ee, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of said Bret Plumlee as the Assistant City Manager as defined by the Job Description herein attached as Exhibit A; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and City. WHEREAS, Employee desires to accept employment as Assistant City Manager of said NOW, TIIEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SectiOlU. Duties. Employer hereby agrees to employ said Bret Plumlee as Assistant City Manager of said City to pem)rm the functions and duties specified in the Job Description herein attached as Exhibit A and as provided by state or federal law and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. Section2. Jerm. A. Assistant City Manager shall commence his services hereunder on May 29, 2007, which shall also be deemed the effective date of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager acting for the City to terminate the services of Employee at any time, with or without cause subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. Assistant City Manager is an "at-will" employee sl~rving at the pleasure of the City Manager and subject to summary dismissal without any right of hearing, including any Skelly hearing. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this Agreement. D. Employee, with prior written approval of the City Manager, may undertake outside professional activities for compensation, including consulting, Iteaching, speaking and writing provided they do not interfere with Employee's normal duties and are done only during vacation or holiday Itime of Employee and are not done with any existing vendors or contractors of the City. Und<:r no circumstances shall such outside activities create a conflict of interest with the duties of the Assistant City Manager and the interests of the City. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Termination and Severance Pav. A. In the event Employee is terminated by the City Manager during such time that Employee is willing and able to perform his duties under titis Agreement, then in that event Employer agrees that the City Manager will furnish notice of the intent to remove Employee at least thirty days before the effective date of termination and agrees 1to pay Employee a lump sum cash paymc:nt equal to six month's salary. Employee may be terminated for willful misconduct; the detemlination of what constitutes willful misconduct shall be within the sole discretion of the City Manager; provided, that it shall relate to the wf,lfar<: of the City. Willful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refhsal to follow the lawful directions of the City Manager. It also includes conduct not directly related to the performance of the official duties of tile office when such conduct has a direct and hannful effect on the welfare of the City. Evidence of such direct and hannful effects includes but is not limited to, conviction of a felony. In the eVf:nt tilat Employee is terminated for willful misconduct, Employer shall have no obligation to pay th<: severance sum designated in the paragraph above. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the- board redu<,tion for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employef' herein, or the Employee resigns following a formal suggestion by the City Manager that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. C. In the event Employee voluntarily resigns his position with Employer before expiration of the above-referenced term of his employment, then Employee shall give Employer thirty (30) days written notice in advance, unless the parties othelwise agree. Section 5. PisabiIitv. [fEmployee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six successive weeks beyond any accrued sick leave or for the legal duration of the Family & Medical Leave Act (whichever is greatest), Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. ~. A. Employer agrees to pay Employee for services rendered pursuant hereto the salary schedule of Range 9S Step E ($162,759 annually) payable in equal installments at the same time as otiler employees of the Employer are paid. Salary may be adjusted in accordance with Section 6. B. hereinafter, or as adjustments are made to the Salary Schedule for all City employees. B. An annual performance and salary evaluation shall be conducted twelve (12) months following the date of the initial hire, and each year thereafter. All performance and salary evaluations shall be conducted in accordance with the City's Personnel Rules. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Automobile. Employee shall provide his own automobile. City shall provide a $300.00/month automobile allowance as well as gas and maintenance reimbursement pursuant to the City approved policy. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provid(~d for the Assistant City Manager pursuant to the PersOlmel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance and retirement benefits as other general employees of the City and 80 hours of annual administrative leave. Employee shall be entitled to reimbursement of actual packing and moving costs of his family household goods, in an amount not to exceed $6,000. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Emplovment. A. The City Manager, in consultation with the Assistant City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the pedormlmce of Employee, provided such terms and conditions are not inconsistent with or in conflict willi the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relati ng to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section If. Sole Rights. The severance rights provided in Section 4 shall constitute the sole and only entitlement of the Assistant City Manager in the event of termination, other than for cause, and the Assistant City Manager expressly waives any and all other rights except as provided herein. Section I:[. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA Post Office Box 1504 La Quinta, California 92247-1504 EMPLOYEE: Bret Plumlee 2286 Faust Avenue Long Beach, CA 90815 Altc:rnatively, notices 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 of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 14. General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. lN WITNESS WHEREOF, the City of La Quinta has caused this Agreement, to be signed and exe(:uted in its behalf by its City Manager, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. .. EMPLOYER: CITY OF LA QUINT A By~()--r.WL<?? ~A.--(/v-.e4C Its: City Manager ATTEST: / / ~~~ City Clerk .' APPROVED AS TO FORM: EMPLOYEE: Iftr If; I i!ul}