Contracts & Agreements_207-2022 - Laserfiche WebLink

Home Browse Search

input record .data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of Employee's duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction. 1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to and comply with the International City/County Management Association (`ICMA") Code of Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City Council agree that the City Council will not require that Employee violate the ICMA Code of Ethics as part of his employment with the City. 2. Compensation and Reimbursement 2.1 Current Base Salary. Employee shall receive Two Hundred Eighty Thousand Dollars ($280,000) as his annual base salary (`Salary") for the City Manager position. Employee's Salary shall be paid on a pro -rated basis bi-weekly at the same time as other employees of the City are paid, and shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers' compensation, and other payroll -related liability costs. 2.2 Salary Adjustment. Following the annual performance evaluation set forth in Section 5.2 hereof, the City Council may increase Employee's base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 are not automatic and instead shall be at the sole discretion of the City Council. 2.3 Incentive Bonus. Annually, beginning in August 2023, Employee may be eligible for a lump -sum incentive bonus, at the sole discretion of the City Council, for performance substantially above expectations. The City Council will establish criteria as the basis for any bonus that may be awarded and such criteria will be delivered in writing to Employee before December 31 of each year. Employee and City agree that the City Council is not obligated to grant an incentive bonus and that no assurances have been given to Employee that any incentive bonus will be granted during the terra of this Agreement. 2.4 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary travel, subsistence, and other City related business expenses incurred by Employee in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the City's adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable. 3 L:\ce\Agmcmrms\Employmont Agreements\City Meoager\Chnlc M. Duggan Sr\v.3.final.City Manager Employment Agreement September 2022.docx.jn