1 INTERIM CITY MANAGER
EMPLOYMENT AGREEMENT
Between
The City of Alameda
And
Girard “Gerry” Beaudin
This Agreement is entered into as of ______, 2022 by and between the City of Alameda, California, a municipal corporation (the "City"), and Girard “Gerry” Beaudin, an individual ("Beaudin").
RECITALS
Whereas, the City's current City Manager, Eric Levitt, has resigned his position effective May 2, 2022 and the City Council requires the services of an Interim City Manager; and
Whereas, Beaudin has the necessary education, experience, skills and expertise to serve as the City's Interim City Manager; and
Whereas, the City Council of the City (the "City Council") desires to appoint Beaudin to serve as the Interim City Manager of the City of Alameda,
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the parties hereto agree as follows:
Terms and Conditions
1. EMPLOYMENT. The City hereby employs Beaudin as its Interim City Manager, and Beaudin hereby accepts such employment.
2. TERM. Beaudin shall commence serving as Interim City Manager effective May 3, 2022, until the earlier of 1) commencement of employment of a permanent City Manager; 2) commencement of employment of a different Interim City Manager; 3) City Council action removing Beaudin as Interim City Manager; or 4) Beaudin’s resignation from the position of Interim City Manager.
3. DUTIES. As Interim City Manager, Beaudin shall serve as the City Manager for the City of Alameda and shall be vested with the authority granted to the City Manager in the Alameda City Charter. As Interim City Manager, Beaudin shall perform such duties as are necessary for him to exercise the authority vested in the City Manager under the Alameda City Charter. Also, as Interim City Manager, Beaudin shall perform such duties and 2 undertake such activities as may be assigned from time to time by the City Council, and which are consistent with the position of City Manager.
4. COMPENSATION. The City shall provide the following compensation to the Beaudin during the term of the agreement:
A. Compensation
The salary for the position of Interim City Manager shall be $278,409 annually.
B. Basic Benefits
As Interim City Manager, Beaudin will continue to receive all other leaves and benefits in accordance with the EXME compensation plan.
5. TERMINATION OF BEAUDIN'S EMPLOYMENT AS INTERIM CITY MANAGER.
A. Without Cause.
Beaudin may resign as Interim City Manager at any time and for any reason upon five days written notice to the City Council. Upon its receipt of such notice from Beaudin, the City Council may terminate Beaudin's employment as Interim City Manager at any time. In addition, the City Council may terminate Beaudin's employment as Interim City Manager at any time without cause by providing him written notice. Furthermore, Beaudin’s employment as Interim City Manager shall automatically terminate upon the commencement of employment of a permanent City Manager or a different Interim City Manager appointed by the City Council.
If Beaudin's employment as Interim City Manager is terminated as provided in this Section 5A, the compensation as set forth in Section 4A shall terminate immediately and the terms of Section 9 of this Agreement shall apply.
B. With Cause.
If the City Council terminates Beaudin's employment as Interim City Manager for (1) continued abuse of drugs or alcohol which materially affects the performance of his duties as Interim City Manager, (2) repeated and protracted unexcused absences from the City Manager's office, (3) conviction of a felony, (4) conviction of a misdemeanor involving moral turpitude, or (5) commencement of employment from another source while employed by the City of Alameda as Interim City Manager which is inconsistent with full time employment as Alameda's Interim City Manager, the City shall have no obligation to continue Beaudin's employment in any respect nor to pay any compensation or benefits under Section 4 of this Agreement, and the terms of Section 9 of this Agreement shall not apply.
3 6. INDEMNIFICATION. The City shall defend, hold harmless, and indemnify Beaudin against any claims, demands, or legal actions, whether specious, frivolous, or otherwise, arising out of an alleged action or omission, direct or indirect, occurring within the scope and during the course of Beaudin's employment as Interim City Manager. Beaudin will cooperate in good faith with the City with respect to the defense of such claims, demands or legal actions.
7. SEVERABILITY. In the event that any term of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the City and Beaudin, the remainder of this Agreement shall remain in full force and effect unless the term or terms held to be illegal or void are wholly inseparable from the remaining portions of the Agreement.
8. INTEGRATION CLAUSE. The City and Beaudin acknowledge that this Agreement constitutes the sole and entire agreement of the parties in this matter and that any modifications may be made only in a writing signed by both the City and Beaudin. There are no representations, agreements, arrangements or understandings, whether written or oral, between the parties relating to the subject matter of this Agreement which are not fully set forth in this Agreement.
9. RIGHT TO RETURN TO PREVIOUS POSITION. Upon the expiration of his employment as Interim City Manager as provided in Section 5A, Beaudin may choose to return to his position as an Assistant City Manager, compensated at the top step of the salary range for that classification at the time he resumes the position, and shall have the right to continue in that position for a period not less than six (6) months after re-assuming it.
CITY OF ALAMEDA
ATTEST: a municipal corporation
______________________________ By: ______________________________
LARA WEISIGER MARILYN EZZY ASHCRAFT
City Clerk Mayor
APPROVED AS TO FORM: GIRARD BEAUDIN
____________________________ _________________________
YIBIN SHEN
City Attorney