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2010/01/11 James Johnson Contract Employment planning services CONTRACT EMPLOYMENT AGREEMENT THIS AGREEMENT for Employment ("Agreement") is made this 1 lth day of Janu Mary 2010 ("Effective Date") by and between the CITY OF MENIFEE ("City") and JAMES JOHNSON("Employee") (together sometimes referred to the "Parties"). RECITALS WHEREAS, City's Employee Handbook provides for contract employees who work fewer than 1000 hours and who is not eligible for benefits, including but not limited to a PERS retiree; and WHEREAS, Employee is retired through Ca1PERS and is allowed to work in a position of limited duration requiring specialized skills so long as he does not exceed a total of 960 hours of employment in any fiscal (Govt. Code Section 21221). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Employee is employed as a Building Inspector and shall perform the duties provided in the job description for that position. Employee is designated as a contract employee of City and shall not be entitled to benefits or retirement under the City's Employee Handbook. Employee shall not be subject to the Employee Handbook except as to those provisions required by state or federal law or regulation, including but not limited to those regarding harassment and discrimination, Americans with Disabilities Act, and drug-free workplace and alcohol. Employee shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder. 1.1 Term of Services. The term of this Agreement shall begin on January 11, 2010 (the Effective Date) and shall extend for an initial term of one year through January 10, 2010. The term may be renewed annually upon the mutual agreement of the parties and as otherwise allowed by law. Employee serves at will and may be terminated without cause or severance at any time. Employee may resign at any time upon 10 working days prior notice to City. 1.2 Standard of Performance. Employee shall perform all services required pursuant to this Agreement to the satisfaction of the City Building Official. . 1.4 Time. Employee is an exempt employee who shall work part-time as scheduled by the Building Official not to exceed 960 hours per fiscal year. Section 2. COMPENSATION. City hereby agrees to pay Employee an hourly amount of $45/hour. Employee shall be reimbursed for expenses on the same terms and conditions as other Contract Employment Agreement with James Johnson 1 of 2 employees of City, The City shall withhold taxes and other required deductions from the amount paid to Employee. Section 3. USE OF PERSONAL VEHICLE: Employee will be using his personal vehicle in his employment. Therefore, Employee shall comply with all applicable requirements of the City's personal vehicle use policy, as that may be revised from time to time, including but not limited to providing evidence of a current drivers' license, registration and automobile insurance as required by state law. Section 4. MISCELLANEOUS PROVISIONS. 4.1 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 4.2 Amendment: This Agreement may be amended only in writing signed by both parties. 4.3 Notices. Any written notice to Employee shall be sent to: James Johnson 13576 Lily Pl. Chino, CA 91710 4.4. Integration. This Agreement represents the entire and integrated agreement between City and Employee and supersedes all prior negotiations, representations, or agreements, either written or oral. 4.5 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF MENIFEE EMPLOYEE George A. Wentz, City Manager James Johnson Contract Employment Agreement with James Johnson 2 of 2