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RESOLUTION NO. 98-43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUTHORIZING MAYOR TO SIGN AGREEMENT WITH CANDACE HORSLEY
WHEREAS, Candace Horsley is the appointed City Manager for the City of
Ukiah; and
WHEREAS, the City Council is satisfied that the terms of the Agreement,
attached hereto as Exhibit A, are acceptable to the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to sign the
Employment Agreement attached to this Resolution as Exhibit A, and the City Council
approves and accepts the terms of said Agreement.
PASSED AND ADOPTED this 3rd day of June, 1998, at a regular meeting of the
Ukiah City Council by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone.
NOES' None.
ABSENT: None.
ABSTAIN: None.
Attest'
Sheridan Malone, Ma~¢"
Colleen Henderson, City Clerk
4:Res\CManager.1
EMPLOYMENT AGREEMENT
EXHIBIT a
This Agreement is made and entered in Ukiah, California on June 3, 1998, by
and between the City of Ukiah, a General Law Municipal Corporation, hereinafter
referred to as "City," and Candace Horsley hereinafter referred to as "HORSLEY".
.
SERVICES: City presently employs HORSLEY as City Manager to perform the
duties and responsibilities of City Manager, as established by the Ukiah City
Code and State law, to the satisfaction of the Ukiah City Council (hereafter "The
Council"). Such Services include, but are not limited to, the following:
A.
To perform all functions and duties of City Manager, as set forth in the
Ukiah City Code and State law.
a.
To perform such services on an exclusive full-time service basis for the
City, and to be available as needed to properly perform such services,
including attendance at all regular or special City Council meetings and
other meetings as needed for the conduct of City Business.
C.
To direct and manage the staff of City; to assist and advise the City
Council and to perform other specific duties as assigned from time to time
by the Council.
.
TERMS- The term of this Agreement is four years from June 3, 1998, and may
be terminated by either party as provided in paragraph 6.
.
COMPENSATION: HORSLEY shall receive compensation for all service
rendered and hours worked pursuant to this Agreement. The salary and/or other
benefits may be increased by the City as it determines appropriate, in view of the
annual performance evaluation to be conducted by the City on or before the
anniversary date of this Agreement.
City, in and for consideration of the covenants, conditions, agreements, and
stipulations of HORSLEY set forth herein, hereby agrees to provide, as total
compensation to HORSLEY, the following:
A.
ANNUAL SALARY: During the term of this Agreement, City agrees to pay
HORSLEY an annual salary which is, at a minimum, 15% above E step of
the top Director salary range, as compensation for the rendition of the
services described in paragraph 1, as approved by the City Council.
Page 1 of 4
a.
CAR ALLOWANCE: City shall provide HORSLEY with a monthly car
allowance of $100 in lieu of providing and maintaining a City vehicle for
her exclusive use in the Ukiah area during the term of this Agreement.
Any trips outside of the Ukiah area will be reimbursed at the City mileage
rate.
C.
OTHER' All benefits, compensation and other provisions that are
approved by the City for the Director Unit through the current MOU shall
continue in effect for HORSLEY unless otherwise amended by the City.
.
BONDING: City shall bear the full cost of any fidelity or other bonds required of
HORSLEY under any law or ordinance.
o
STANDARDS OF PERFORMANCE' The City Council may conduct an annual
formal review and evaluation of HORSLEY'S performance. Informal reviews
may be conducted on a semi-annual basis.
.
RESIGNATION, TERMINATION AND SEVERANCE: City Council shall appoint
the City Manager for an indefinite term and may remove her by a majority vote of
its members upon ninety (90) days notice or, in the event by a majority vote of its
members the Council peremptorily discharges her without such notice or without
good cause, she shall be entitled to an immediate cash payment equaling six (6)
months salary and benefits. Severance payment shall be computed from and
shall be payable on the last day of service. The last day of service shall be as
determined by the City Council.
For the purpose of this Agreement, "good cause" shall include, but not
necessarily be limited to, any of the following:
A. A material breach of the terms of this Agreement;
B. Misfeasance or malfeasance in office;
Co
A failure to perform her duties in a professional and responsible manner
consistent with generally accepted standards of the profession;
D.
Conduct unbecoming the position of City Manager or likely to bring
discredit or embarrassment to the City as determined by the Council in its
sole discretion. Provided, however, "good cause" shall not mean a mere
loss of support or confidence by a majority of the Council.
In the event HORSLEY voluntarily resigns her position, HORSLEY agrees to
give the Council at least, sixty (60) days notice, in writing, of her intention to
resign.
Page 2 of 4
.
,
,
10.
11.
12.
HORSLEY agrees to serve at the sole pleasure and discretion of the Council
which may terminate her services pursuant to this paragraph without cause or
explanation as to the reasons therefor. City may terminate this Agreement in
accordance with the Ukiah City Code and no other procedures shall apply to
such termination either expressly or by implication, except for the severance pay
provisions in this paragraph 6.
INDEMNIFICATION' City shall defend, save harmless and indemnify HORSLEY
against any tort, professional liability claim or demand or other legal action, to
the extent permitted by State law.
WAIVER OF MODIFICATION- No waiver, alteration, or modification of any of
the provisions of this Contract shall be binding unless in writing and signed by a
duly authorized representative of both parties to this Contract.
GOVERNING LAW: This Contract shall be governed by the laws of the State of
California.
PREVIOUS AGREEMENT: Any and all existing statements or agreements,
whether oral or written, or renewals thereof, between the parties hereto, covering
the same subject matter, are hereby canceled and superseded by this Contract
and such prior Agreement shall have no further force or effect.
PARAGRAPH HEADINGS: The paragraph headings contained herein are for
convenience and reference only and are not intended to define or limit the scope
of this Contract.
NOTICE' Whenever notice to a party is required by this Contract, it shall be
deemed given when deposited with proper address and postage in the U.S. Mail
or when personally delivered as follows:
CITY OF UKIAH
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
13.
CONTRACTOR:
CANDACE HORSLEY
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
DUPLICATE ORIGINALS: This Contract may be executed in one or more
duplicate originals bearing the original signature of both parties and when so
Page 3 of 4
executed any such duplicate odginal shall be admissible as proof of the
existence and terms of the Contract between the parties.
14.
FORUM SELECTION: HORSLEY and City stipulate and agree that any litigation
relating to the enforcement or interpretation of this Contract, arising out of
HORSLEY'S performance or relating in any way to the work shall be brought in
Mendocino County and that venue will lie in Mendocino County.
IN WITNESS WHEREOF, City of Ukiah and Candace Horsley have executed this
Contract on the day and year first written above.
CITY OF UKIAH
CONTRACTOR
Sheridan Malone, Mayor ,/ Candace Horsley, City Man'~ger
ATTEST:
Colleen Henderson, City Clerk
4:Can:Agmt.98
Page 4 of 4