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FY2022-36 Interim Clerk Employment Contract Agreement Between The Kodiak Island Borough And Nova Javier, MMC�h TEMPORARY EMPLOYMENT AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND NOVA JAVIER Contract No. FY2022-36 THIS AGREEMENT is made and entered into this �da of f 2022, between y the KODIAK ISLAND BOROUGH (hereinafter BOROUGH) and Nova Ja 'er (hereinafter CLERK). WHEREAS, under Kodiak Island Borough Code section 2.50. 010 the Borough Clerk is appointed by and serves at the pleasure of the Assembly; and WHEREAS, the position of Borough clerk is currently vacant; and WHEREAS, the BOROUGH desires the services of an interim clerk while the BOROUGH undergoes the process for recruiting and hiring a Borough Clerk; and WHEREAS, the BOROUGH wishes to employ the services of Nova Javier as an interim clerk of the KODIAK ISLAND BOROUGH; and WHEREAS, the BOROUGH and CLERK desire to provide for certain procedures, benefits, and requirements regarding the employment of interim clerk by BOROUGH as more fully set forth herein; and WHEREAS, the CLERK wishes to be employed as interim clerk of said BOROUGH on the terms set forth herein; and NOW, THEREFORE, BOROUGH and CLERK agree to the following terms and conditions: tiQU-1, Duties and.NalUre of Emnloyment BOROUGH hereby agrees to employ CLERK, and CLERK agrees to be employed by BOROUGH, in the position of Interim Borough Clerk. CLERK is an at -will employee who serves at the pleasure of the Borough Assembly. CLERK is an exempt administrative and/or executive employee, and therefore CLERK is not entitled to receive overtime compensation. The CLERK shall perform all duties and functions assigned to CLERK by law, and such other duties and functions as the Borough Assembly shall from time to time prescribe. The CLERK shall be responsible to the Borough Assembly in all matters pertaining to established Kodiak Island Borough Personnel Rules and Regulations. This does not change the current reporting structure or any of the CLERK'S current duties. While this is an at -will employment co tr ct, both parties anticipate that it shall be in effect for six. months, Q'll i 2022 through , 2022. The Assembly will consider whether to Employment Agreement - Borough Clerk Page 1 of 4 Employment Agreement - Borough Clerk Page 2 of 4 extend the contract no later than thirty days prior to the end of the term. Section 3. Compensation BOROUGH agrees to pay CLERK for her services, payable in installments at the same time as other employees of the Borough, at the rate of $5287.99 per pay period, prorated for periods of less than a full pay period. BOROUGH agrees to reimburse CLERK for transportation expense from Manilla, Philippines, to Las Vegas, Nevada and then Las Vegas to Kodiak in order to commence work as the Interim Clerk, and to travel from Kodiak to Las Vegas, Nevada, at the conclusion of this contract. BOROUGH agrees to provide CLERK with the use of a Borough owned apartment located at 225 Research Court for the term of this Agreement. BOROUGH agrees to provide CLERK with a Borough owned vehicle for the term of this Agreement for business use only, including commuting to/from work. The Borough will provide gas, oil, maintenance, and liability insurance. Except to the extent specifically modified or inconsistent with the terms of this Agreement, all provisions of the Kodiak Island Borough Personnel Rules and Regulations are applicable to CLERK’s personnel status as a temporary Borough employee. Section 4: Hours of Work CLERK will maintain regular business hours of Monday through Friday, from 8 a.m. to 5 p.m., excluding holidays. With required CLERK attendance at Assembly meetings outside of regular work hours, CLERK may alter the work schedule, as appropriate. Section 5. Termination. This Agreement may be terminated: a. By either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; b. By either party without cause upon 10 days prior written notice to the other party; or c. At any time upon mutual written agreement of both parties. In the event of termination, the CLERK shall stop work immediately and shall be entitled to compensation for professional service fees and for authorized expense reimbursement to the date of termination; and the CLERK shall provide to the Borough all work product completed or in progress at such date. If this agreement is terminated by the Borough at any time, by CLERK after at least 60 days, or by mutual agreement, the Borough shall provide the travel reimbursement provided for in Section 3. If this agreement is terminated by CLERK within the first 60 days Borough shall not be obligated to pay for travel to Las Vegas, Nevada. AGENDA ITEM #3.A. Interim Clerk Contract Page 3 of 4 9ar� BOROUGH agrees to defend, save and hold harmless, and indemnify CLERK against any tort claim, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by CLERK arising out of the course and scope of her employment. BOROUGH will defend, compromise or settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon, including any appeals brought by either party. This Agreement shall constitute the entire agreement between the parties. This Agreement shall be binding upon and inure to the benefit of the heirs-at-law and executors of CLERK. This Agreement shall be in effect for the term agreed upon by the parties and listed above, or until CLERK resigns or is terminated under the provisions of Section 4, above. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement or any portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 1 IN WIT�qESS WHEREOF, the parties have executed this Agreement on this day of W1 2022. KODIAK ISLAND BOROUGH Aimee Williams, Deputy Presiding Officer Date: ' ').A I �- '2- t) z -,2-- 's -,2 -- ATTESTED 's Office a Nova Javier Date: ANIOV ISI '¢ y a�t1mOM.: 1963 Date: ` 4, , Z L Employment Agreement - Borough Clerk Page 3 of 4