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RESOLUTION NO. 96-57
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 17th day of April, 1996, at a regular meeting of the Ukiah City
Council by the following roll call vote:
AYES: Councilmembers Uastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Attest:
Cathy
4:Res~CManager
EXHIBIT A
EMPLOYMENT AGREEMENT
This Agreement is made and entered in Ukiah, California on April 17, 1996, 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 hereby agrees to employ HORSLEY as City Manager, effective April 17, 1996,
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 'q'he Council"). Such
Services shall include but not be 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 two years from April 17, 1996, 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 15% above E step of the top Director salary range, as
compensation for the rendition of the services described in paragraph 1, and such salary
thereafter as the Council from time to time, may determine.
S.
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.
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.
.
.
.
.
.
10.
C.
OTHER: All benefits, compensation and other provisions that are approved by the City
for the Director Unit through the 1995/96 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.
STANDARDS OF PERFORMANCE: The City Council shall 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, she shall be entitled to an immediate cash payment equaling three (3)
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.
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.
If the City Council determines to terminate Horsley without cause during the term of this
Agreement or any renewal thereof, she shall have the right to assume her former position as
Assistant City Manager or another equivalent position; provided, such a position exists. At any
time Horsley may request the City Council to approve her transfer to such position and may
assume the position, if approved by the City Council, in its sole discretion.
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.
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
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force or effect.
11.
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.
12.
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:
CITY OF UKIAH
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
CONTRACTOR:
CANDACE HORSLEY
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
13.
DUPLICATE ORIGINALS: This Contract may be executed in one or more duplicate originals
bearing the original signature of both parties and when so executed any such duplicate original
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 Uendocino County and that venue will lie in Uendocino
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
By:
F~ed Schn~er, Mayor
Catl~y'M'cl~ay, ~ity Clerk ,,/
4:Can:Agmt
Candace Horsley, City Manager
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