1997 AGN DEC 01 Closed Session A

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EMPLOYMENT AGREEMENT BETWEEN THE CITY OF COLTON AND THE CITY MANAGER This AGREEMENT (hereinafter referred to as "Agreement") is made and entered into between HENRY GARCIA (hereinafter referred to as "City Manager") and the CITY OF COLTON, a municipal corporation of the State of California (hereinafter referred to as "City"), in order to provide, in writing, the terms and conditions for management services by the City Manager of City. NOW, THEREFORE, the parties hereto agree as follows: Employment The City hereby agrees to employ the City Manager, and the City Manager agrees and does accept employment upon the terms and conditions set forth herein. 2. Duties and Obligations of City Manager A. The City Manager hereby agrees to perform the functions and duties of City Manager as specified in the City's ordinances and municipal code and in state law, and to perform such other duties and functions as the City Council (hereinafter referred to as the "Council") shall from time to time assign. The City Manager further agrees to perform all such function and duties to the best of his ability and in an efficient and competent manner. B. The City Manager will focus his professional time, ability, and attention to City business during the term of this Agreement. The City Manager shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of Council, except that: (1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. (2) This Agreement shall not be interpreted to prohibit the City Manager from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement. C. All data, studies, reports and other documents prepared by the City Manager while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. D. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information,. and other materials either created by or provided to the City Manager in connection with the performance of this RVPUB\W V1"5985