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HomeMy WebLinkAboutC23020 D.K. Munson - Interim Director of Human ResourcesREQUEST: CITY OF PALM DESERT COMMUNITY SERVICES/ASSISTANT CITY MANAGER STAFF REPORT By Minute Motion, ratify the authorization of the City Manager and Mayor and approve Contract No. c23020 with Duane Kenneth Munson in the amount of $10,000 per month DATE: August 26, 2004 CONTENTS: Agreement For Professional Services - Human Resources Director SUBMITTED BY: Sheila R. Gilligan, Assistant City Manager for Community Services Recommendation: By Minute Motion ratify the authorization of the City Manager and Mayor and approve Contract No. C23020 with Duane Kenneth Munson in the amount of $10,000 per month. Discussion: As you know, our Human Resources Director resigned effective June 21, 2004. Because the Human Resources Department had the Personnel Ordinance moving through the Meet and Confer process and other pending issues requiring attention, the City Manager agreed that it was in the best interest of the City to bring in an interim director. This will also give the City time to complete a thorough recruitment process to fill the position. Three candidates were interviewed; each was retired from Cal PERS, and Mr. Munson's expertise and background made him a highly desirable candidate for this interim position. Subsequently, an offer was made that he accepted. He is now on board, and his assistance in this area has already proven valuable. Because the City Council did not meet, the Mayor was asked to sign the contract. The monthly amount is based on the former Human Resources Director's salary including benefits. Since Mr. Munson receives no benefits, a like amount was included in his salary. He is eligible to work 960 hours per calendar year under the City's contract with PERS. 1 Contract No. C23020 Contract with Duane Kenneth Munson August 26, 2004 Staff recommends approval. Submitted By: SHEILA R. GILLIGAN Assistant City Manag Approval: CARLOS L. OGA City Manager Community Services Finance Director Page Two 2 Contract No. C23020 CITY OF PALM DESERT Agreement For Professional Services Human Resources Director This agreement is made and entered into this �6th day of July , 2004, by and between the City of Palm Desert, a public corporation, hereinafter called "City" and Duane Kenneth Munson, hereinafter called "Munson", both of whom understand the following: I. RECITALS Whereas, City desires to retain the professional services of Munson on a part- time basis to serve as Human Resources Director and establish the terms and conditions of his employment, and Whereas, Munson has extensive experience in the area of human resources, having served in that capacity over a period of 20 years. Whereas, Munson agrees to perform professional services as Human Resources Director under the terms and conditions of this Agreement as set forth hereinafter. Now, therefore, City and Munson mutually agree as follows: II. AGREEMENT A. Retention of Munson I. City agrees to retain Munson as Human Resources Director to perform the duties of the position to the best of his ability and in an efficient and competent manner. Munson shall determine the method, details and means of performing such services without City control or direction. 2. City shall provide to Munson the use of an office, clerical support, computer, materials and supplies in the performance of his duties for the City of Palm Desert. B. Term Contract No. C23020 The term of this Agreement shall commence on July 26, 2004, and continue until January 26, 2005, unless terminated by either party pursuant to Section D. This Agreement may be extended for up to two additional three-month periods of time by mutual consent of both parties hereto. C. Compensation City shall pay to Munson for his services rendered pursuant hereto Ten Thousand Dollars ($10,000.00) per month. Munson shall be reimbursed all sums necessarily incurred or paid in performance of his duties. Munson shall not be entitled to any benefits or compensation other than specifically set forth herein. D. Termination Munson may be terminated by the City at any time with a thirty (30) day notice for any reason, with or without cause, during the term of this Agreement. Munson may terminate this Agreement upon the giving of a thirty (30) day notice to City. In the event of such termination, Munson shall receive compensation at rate set forth in C for time of performance. E. Indemnification City agrees that Munson shall be considered an employee of the City for the purposes of the application of Government Code Section 825, 995, 995.2 and 995.4. City agrees to defend and indemnify Munson as provided for in those sections. F. Conflicts of Interest Munson covenants that Munson has no interest, nor shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of Munson's services hereunder. G. Nothing herein shall be deemed to excuse a breach by Munson of any provision of this Agreement, or to provide to Munson any compensation or remedy other than termination of this Agreement should such breach by Munson occur. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the employment of Munson by the City and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Agreement acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either part Contract No. C23020 Any modification of this Agreement will be effective only if it is in writing and signed by the parties. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Munson without the prior written consent of the City. IN WITNESS WHEREOF, the City of Palm Desert has caused this Agreement to be signed and executed on its behalf by its Mayor duly attested by its City Clerk, and Munson has signed and executed this Agreement, and the City Attorney has approved this Agreement the day and year indicated below. Dated: /6/Y Dated: //457A9cP Attest: Dated: eg_3 „put Approved: Dated: 0047 • - ne Kenneth Mu Rachelle A. Klasse City Clerk CITY OF PALM" nson Spiegel, Mayor