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CITY OF SANTA ANA <br />INTERIM CITY MANGER EMPLOYMENT AGREEMENT <br />1. PARTIES AND DATE. <br />This Agreement ("Agreement") is made and entered into this 11 th day of February, 2013 <br />by and between the City of Santa Ana, a municipal corporation ("City") and Kevin O'Rourke, an <br />individual ("Employee"), in order to provide in writing the terms and conditions of employment <br />for interim City Manager services. City and Employee are sometimes individually referred to <br />herein as "Party" and collectively as "Parties." <br />2. RECITALS. <br />2.1 Employment of Interim City Manager. <br />City desires to employ the services of Employee as interim City Manager for the City of <br />Santa Ana, and Employee desires to accept employment as interim City Manager. It is the <br />desire of the Parties through this Agreement to establish conditions of employment and to set <br />working conditions for Employee. <br />3. TERMS. <br />3.1 Duties. <br />3.1.1 Designated Duties. City hereby agrees to employ Employee as interim <br />City Manager of City to perform the functions and duties in accordance with applicable state <br />law, the City's Charter and Municipal Code, as well as the approved City job description for the <br />position. Employee shall also perform other legally permissible and proper duties and functions <br />as the City Council shall from time to time assign . <br />3.1.2 Control and Supervision. Employee shall serve at the will and pleasure of <br />the City Council pursuant to the terms and limitations of this Agreement, and will be under the <br />day-to-day supervision and direction of the City Council. <br />3.1.3 City Council Meetings and Presence in Santa Ana. Employee shall attend <br />all City Council meetings, unless excused or directed otherwise. Employee shall be present and <br />working from Monday through Thursday of each week, except to the extent that City-observed <br />holidays occur, and provided that Employee may set his own schedule provided that Employee is <br />discharging the duties of interim City Manager. Employee's monthly compensation will not <br />change regardless of additional or fewer days worked in a particular month due to holidays. <br />5 5394.00000\7816924.1 <br />25E-3