AGENDA REPORT
Meeting Date: June 21, 2022
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: APPOINTMENT OF THE CITY MANAGER AND APPROVAL OF AN
EMPLOYMENT AGREEMENT WITH THE CITY MANAGER
Attachments: 1. Agreement
INTRODUCTION
This Agreement will employ Nancy Hunt-Coffey as City Manager.
DISCUSSION
With the announcement that George Chavez is retiring at the end of this year, the City needs to appoint a successor. The City Council will consider Nancy Hunt-Coffey as its selection to serve as the new City Manager of Beverly Hills. As everyone is aware, Ms.
Hunt-Coffey has a long history with the City of Beverly Hills. She began working with the City in 2008 and has progressed through successively responsible positions. She is currently serving as Assistant City Manager. The appointment of Ms. Hunt-Coffey as City Manager will continue her current City employment without interruption.
The attached employment agreement is for a term of three years from January 1, 2023 to December 31, 2025. The base salary for Ms. Hunt-Coffey will be $366,221, with an annual cost of living increase, and she will also receive Management Incentive Pay, set at $975 monthly ($11,700 annually), with a 4% annual increase. The agreement includes deferred compensation in an amount equal to four percent of her base salary.
Ms. Hunt-Coffey will receive retirement and medical benefits on a basis similar to other executive employees.
REVISED 06/20/2022
F-1
Meeting Date: June 21, 2022
Item Number:
The City Council will review Ms. Hunt-Coffey’s performance annually in June of each year beginning in 2023. At that time, the City Council may, but is not required to, consider any performance pay or any other change in compensation.
FISCAL IMPACT
The City Manager’s compensation is included in the budget.
Laurence S. Wiener,
City Attorney
Approved By
Attachment 1
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EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”), made as of June 21, 2022, is entered into by and between the City of Beverly Hills, a California municipal corporation, (“Employer” or “City”) and Nancy Hunt-Coffey, (“Employee”), an individual.
Section 1: Term
Unless sooner terminated, as provided in this Agreement, this Agreement shall remain in full force and effect from January 1, 2023, to and including December 31, 2025.
Employee is currently employed by City and this Agreement continues her employment without interruption.
Section 2: Duties and Authority
Employer agrees to employ Employee as City Manager, and, at the discretion of Employer, as Executive Director of any authority or agency created or staffed by Employer, to exercise the powers and authority and to perform the functions and duties specified in the Beverly Hills Municipal Code and all relevant resolutions, rules, regulations, procedures, applicable job description(s) and state codes, as they currently or may in the future exist. Employee shall exercise such power and authority and perform such other functions and duties, not inconsistent with this Agreement, as Employer, by its City Council, may legally assign.
Section 3: Compensation
A. Employer agrees to pay Employee an annual base salary of $366,221 (three hundred and sixty-six thousand, two hundred and twenty-one dollars), subject to legally permissible or required withholding, prorated and paid on Employer’s normal paydays.
Starting in July 2023, Employee will receive an annual cost of living increase, to reflect the consumer price index (CPI) up to and including 4% of her base salary.
B. In addition to base pay, Employee shall receive Management Incentive Pay (MIP) in the amount of $975.00 per month, with an annual 4% increase beginning in July of 2023. MIP is a means of assuring the recruitment and retention of highly capable and qualified employees. It provides eligible employees extra pay for the unique nature of their jobs and the special skills, knowledge and abilities required. The compensation is paid as earned for normally required duties performed during normal work hours. It is not compensation in lieu of overtime nor in lieu of other benefits that are excluded from consideration under the statutes and regulations of the Public Employees’ Retirement System.
C. Beginning in July of 2023, Employer, by its City Council, will conduct an annual salary review in conjunction with the annual performance review as set forth in Section B0785-0301\2680596v1.doc -2-
12. The City Council may, but is not required to, consider or approve bonuses, incentives, merit increases, performance pay or other compensation enhancements in conjunction with the annual salary review. Employee will request and schedule such reviews, as appropriate, pursuant to City Council agenda procedures or as otherwise directed by City Council. Performance pay, if any, shall be in an amount as determined by the City Council, up to and including 10% of the annual base salary, based on the level of completion of goals identified by the City Council.
Section 4: Health, Disability and Life Insurance Benefits A. Employer shall provide a medical health insurance program to Employee and her dependents. The City's present medical insurance plan is the PERS medical insurance plan, as provided under the Public Employees’ Medical and Hospital Care Act (PEMHCA).
The City shall contribute the PERS statutory minimum toward the cost of providing medical insurance on behalf of each participant in this program. A participant is defined as 1) Employee and dependents, 2) an enrolled retiree and dependents, and 3) a surviving annuitant.
In addition, in order to enhance the City’s Flexible Benefits (Cafeteria) Plan the City shall provide a monthly benefit contribution (in addition to the PERS statutory minimum contribution to medical insurance for all participants) to use to pay for Employee’s selected I.R.S. qualified benefits as detailed in this Section. The monthly benefit, including the PERS Statutory minimum, is $2,450.00 for the purchase of the eligible medical, dental and optical insurance benefits. On January 1, 2024, the monthly benefit shall increase to $2,550.00. On January 1, 2025, the monthly benefit shall increase to $2,650.00.
If after selection of the various I.R.S. qualified benefits as detailed in this section, Employee has benefit contribution left over, Employee shall receive, in a taxable cash payment added to her bi-weekly payroll, that amount as determined by the difference between the employee’s selected benefits and the monthly benefit amount, subject to a maximum limit of $600. If Employee “spends” more than what is allocated by the City in the Flexible Benefits (Cafeteria) Plan monthly allotment, the difference shall be deducted from Employee’s pay on a bi-monthly basis. Terms will be as specified in the applicable plan document(s) and any conflict will be resolved in favor of the plan document.
B. The various I.R.S. qualified benefits offered by the City are as follows:
1. Medical Insurance
The City shall provide a medical insurance program to Employee. The cost of the coverage may vary, and is also contingent upon the number of dependents claimed.
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In the event Employee is on leave without pay as a result of an illness or injury and has exhausted 50% of vacation leave and all sick leave credit, the City shall pay Employee’s applicable cafeteria plan contribution amount for one month for each full year of Employee's City service or major portion thereof.
The City shall pay the applicable cafeteria plan contribution amount for Employee and dependents, if any, during the continuous periods of Employee's unpaid absence if caused by an injury while on duty or job related illness. The payment shall be at the rate of one month's applicable cafeteria plan contribution for each full year of Employee’s City service or major portion thereof.
2. Dental Insurance
The City shall provide a choice of one or more dental insurance plans to Employee. The cost of the coverage may vary and is also contingent upon the number of dependents enrolled and the level of plan services.
3. Optical Insurance
The City shall provide one or more optical insurance plans to Employee.
The cost of the coverage may vary, contingent upon the number of dependents and/or spouse or domestic partner enrolled.
C. Employee shall be entitled to a three hundred thousand dollar ($300,000) term life insurance policy under the City's life insurance program. The full premium for such policy shall be paid for by the City under the life insurance program of its choosing.
Employee shall have the option to purchase additional life insurance at the City's unit cost, if available. Employee shall name the beneficiary of the life insurance policy.
D. The City shall contract for a long-term disability insurance plan for Employee.
Employee shall be required to participate in the long-term disability insurance plan at her own expense.
E. Employer may provide to Employee extended disability base pay and benefits (less legally required deductions) continuance in the event that Employee sustains an injury or illness causing long term disability. This continuance shall be up to 90 days, as approved by City Council, at its sole discretion. After this period, the City’s Extended Disability Base Pay and Benefits Continuance shall stop. To qualify for this pay and benefits continuance, Employee must notify Human Resources in writing immediately upon becoming aware that an injury or illness may result in a long term disability.
Human Resources, in consultation with the Risk Management Division, will contact the Employee’s physicians and medical treatment centers as may be appropriate to determine the severity and scope of injury/illness and probable length of absence of Employee. Employee must also make herself available for examination by a City appointed physician (at City expense). Employee must file for disability insurance within the prescribed insurance required time-lines and provide the City with a written B0785-0301\2680596v1.doc -4-
statement from a physician, detailing Employee’s injury or illness and recommending disability leave.
No Extended Disability Base Pay and Benefits Continuance shall be granted for Employee if she does not follow the procedures as set forth in this paragraph E, or does not qualify for disability insurance.
Employee shall not receive a monetary amount greater than she would normally receive if she had been working under normal conditions. Any disability indemnity received by Employee from the State of California for the purpose of ensuring a weekly or monthly income as the result of the same work-incurred injury for which Employee is receiving extended disability base pay and benefits continuance from the City shall be paid to the City.
F. Retirement Health
1. Retirement Medical Benefit
Employee has previously elected to participate in the Alternative Retiree Medical Program (ARMP), and therefore will not receive retiree medical benefits from the City unless Employee elects to purchase such benefits at her own expense.
Employee’s choice of ARMP was made in lieu of receipt of the retiree medical benefit provided to other employees.
2. Retirement Dental Benefit
Upon retirement, Employee can continue in the City's dental plans, at her own expense subject to the terms and conditions of the then-applicable plan document.
The City reserves the right to modify or discontinue retiree dental based on availability, market conditions and other factors.
3. Retirement Optical Benefit
Upon retirement, Employee can continue in the City's optical plan, at her own expense to the extent and subject to the terms and conditions of the thenapplicable plan document. The City reserves the right to modify or discontinue retiree optical based on availability, market conditions and other factors.
Section 5: Vacation, Sick and Other Leave
A. Employee shall to accrue vacation time at the rate of 240 hours annually, prorated and credited each pay period.
B. Employee will continue to receive up to 120 hours of administrative leave each calendar year. At the end of each calendar year, Employee will receive a cash payment for up to 80 hours of administrative leave granted to Employee but not taken as time off during the calendar year. If, after cashing out administrative leave, Employee still has B0785-0301\2680596v1.doc -5-
administrative leave on the books (because the employee had in excess of 80 hours of administrative leave on the books) for the following calendar year, she will only accrue that amount of administrative leave which, when added to the carried over administrative leave from the prior calendar year, will result in Employee accruing 120 hours of administrative leave.
C. Vacation and other paid leaves susceptible to advance scheduling shall be scheduled with the City Council in advance. When a holiday falls within Employee's vacation leave, the leave time shall be extended or credited by the amount of the holiday time. Employee shall accumulate accrued vacation up to a maximum of 240 hours. The current year accrual shall not be included in the accumulation. By December 15 of each year, Employee may make an irrevocable election to cash out up to 80 hours which will be earned in the following calendar year, provided that at the time of the cash out, the employee has a minimum of 240 hours of accrued vacation leave.
Employee will be paid for the vacation hours (up to a maximum of 80 hours) she irrevocably elected to cash out on the first pay day in January of the following calendar year. The leave shall be paid at Employee’s then existing rate of pay. If Employee is above the limit at the end of the calendar year (following cash payment, if any), Employee will receive no additional vacation accumulation until her accumulation is below the limit.
D. Employee shall continue to accrue sick leave at the rate of 8 hours for each month of employment at the equivalent of 3.63 hours per biweekly pay period.
E. All leave balances accrued by Employee during her previous employment with the City will carry over to her continued employment as City Manager.
1. Job Connected Disability
Except as provided herein, Employee shall be entitled to use accumulated sick leave during any period for which she is entitled to receive temporary disability indemnity under Division 4 (Section 3201, et seq.) of the Labor Code of the State. If Employee is entitled to receive such temporary disability indemnity, Employee may elect (for a period not to exceed twelve (12) months after she first makes such election) to use as much of her accumulated sick leave or accumulated vacation, so when added to her disability indemnity, will result in a payment to her of not more than full base pay or wage.
2. Sick Leave Incentive
Employee, if she accrues 72 hours or more of sick leave in any payroll year, may convert up to 48 hours of sick leave to cash during the month of January of the following year. The limit of payment shall be 48 hours per year. By December 15 of each year, Employee may make an irrevocable election to cash out up to 48 hours of sick leave which will be earned in the following calendar year. If the irrevocable election is not made, Employee will not have any of her sick leave cashed out in January of the year after it was accrued.
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F. Employee may use 40 hours of bereavement leave, per calendar year, in the event of the death of a family member, herein defined as a spouse, registered domestic partner, parent, brother, sister, child, grandparent, or in-law of Employee. In the event Employee needs additional time off for this leave, she may use up to 40 hours of sick leave per calendar year.
G. If Employee is required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi judicial proceeding or is required to serve as a juror, Employee shall be allowed time off without loss of pay to perform such duties. However, Employee shall not be allowed time off without loss of pay if Employee is a party to the matter for reasons other than actions within the scope of Employee’s current or past public employment. All fees to which Employee is entitled by law for such service shall be paid (less transportation allowance, if any) to the City.
H. Employee shall be entitled to the following paid holidays if Employee worked the regularly assigned work period the day before and the day after the holiday or was absent on authorized paid leave during said period:
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25
If the following holidays (January 1, July 4, November 11, and December 25) fall on a Saturday, the preceding Friday shall be considered the holiday; if the holiday falls on Sunday, the following Monday shall be considered the holiday.
I. Employee shall be entitled to two additional paid holidays each year. Said holidays may be taken at Employee's discretion. Employee will be eligible for paid holidays at the start of each fiscal year to bring her total to two paid holidays under this paragraph.
Section 6: Reserved
Intentionally left blank.
Section 7: Retirement and Reimbursement Plans
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A. Employee shall be enrolled in Employer’s retirement plan with the California Public Employees’ Retirement System (“PERS”), subject to the applicable benefit formula, terms and conditions provided in the contract between Employer and PERS and also subject to applicable law and regulations.
B. Employee will pay the 8% (miscellaneous) member contributions applicable as a “classic” member under the City’s plan.
C. Employee may participate in Employer’s deferred compensation plan according to the terms and conditions of the applicable plan documents.
1. Any Employer contributions made on behalf of executive or any other employees, under a compensation plan or otherwise, shall not be applicable to Employee.
2. Employer shall contribute an amount equal to four percent (4%) of the Employee’s annual base salary on behalf of the Employee to the Employer’s deferred compensation plan, prorated and credited each pay period.
3. Employee may convert accumulated sick leave to base pay. The extra pay may only be used to fund “catch up” contributions to deferred compensation. The following restrictions apply to this sick leave conversion program. a. Employee must have a minimum of 7 years of service with the City of Beverly Hills; and
b. Employee’s sick leave accumulation cannot be reduced below 240 hours; and
c. The conversion is limited to the time period allowed by the IRS for “catch-up” provisions in 457, 401(k) and other plans as adopted by the City and the conversion can be used only for funding these deferred compensation “catch-ups”; and d. A conversion of no more than the amount which will bring the annual deferral to the maximum permitted by law is allowed; and e. The conversion will be at the then existing sick leave payoff percentage.
D. Employee may participate in Employer’s medical reimbursement, childcare reimbursement, retiree health savings and any similar plan based exclusively on Employee contributions and according to the terms and conditions of the applicable plan documents.
E. Unless Employer determines, in its sole and exclusive discretion, that it is administratively or legally infeasible, Employer shall amend its Retiree Health Saving B0785-0301\2680596v1.doc -8-
Plan to provide for Employee’s participation on the basis of employee leave contributions at separation. If implemented, contributions shall be as determined by Employer and shall be on the basis of mandatory Employee contributions only. No direct employer contributions shall be made.
Section 8: General Business Expenses
A. Employer agrees to budget and to pay for professional dues and subscriptions of Employee necessary for continuation and participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee’s continued professional participation, growth, and advancement, and for the good of the Employer.
B. Employer agrees to budget and to reimburse or pay for reasonable costs for attendance and participation in meetings, institutes, training programs, conferences, conventions and similar gatherings related to Employee’s duties or Employer’s operations and held in the continental United States. For purposes of this paragraph, reasonable expenses are limited to the reasonable and actual cost of registration, airfare (where applicable), ground transportation and meals. Reasonable expenses will also include the reasonable and actual cost of lodging for meetings outside of Los Angeles and Orange Counties. All expenses must otherwise be incurred and submitted according to Employer’s normal expense reimbursement procedures, with documentation meeting Employer’s normal requirements and within time limits established by Employer.
C. The expenses to be budgeted and paid in Section 8, Paragraphs A and B, above, are exclusive of reasonable expenses related to events or participation in organizations required by the City Council or attendance at events or meetings on behalf of the City as requested by a City Council member. Employer will separately budget and pay for membership and participation in community, civic or other organizations or events in which Employer requires Employee to participate. To the extent applicable and to the extent permissible under California law, Employer shall pay the reasonable cost of membership and participation by Employee’s spouse.
D. Employer recognizes that Employee may incur certain expenses of a nonpersonal but job related nature. Employer agrees to reimburse or to pay such business expenses, which are incurred and submitted according to Employer’s normal expense reimbursement procedures or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting Employer’s normal requirements and must be submitted within time limits established by Employer.
E. Employee shall report all expenses under this Section 8, Paragraphs A and B, above, to the full City Council prior to receiving reimbursement.
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Section 9: At-Will Employment Relationship
A. Consistent with Beverly Hills Municipal Code Section 2-5-206 and California Government Code Section 36506, Employee is appointed by and serves at the pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate this Agreement and the employment of Employee at any time, with or without cause. Employer shall pay Employee for all services through the effective date of termination and Employee shall have no right to any additional compensation or payment, except as provided in Section 10, Severance, below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from her employment with Employer, subject only to Employee providing sixty (60) calendar days prior written notice to Employer.
Section 10: Severance
A. If Employer terminates this Agreement (thereby terminating Employee’s employment) without cause, Employer shall pay Employee severance as follows:
1. If termination is effective on or before December 31, 2023, Employer shall pay Employee a lump sum severance benefit equal to twelve (12) months of her then applicable base salary.
2. If termination is effective following the period specified in Sub-Paragraph 1, above, and on or before December 31, 2024, Employer shall pay Employee a lump sum severance benefit equal to nine (9) months of her then applicable base salary.
3. If termination is effective following the period specified in Sub-Paragraph 2, above, and on or before December 31, 2025, Employer shall pay Employee a lump sum severance benefit equal to six (6) months of her then applicable base salary.
B. If Employer terminates this Agreement (thereby terminating Employee’s employment) with cause, Employee shall not be entitled to any severance. As used in this Agreement, cause shall mean any of the following:
1. Conviction of a felony;
2. Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law;
3. Continued willful abandonment of duties following a ten day written notice to cure from the City Council;
4. A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body; and
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5. Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of Employer or its organizational units, is detrimental to employee safety or public safety, violates properly established rules or procedures, adversely affects the reputation of City, its officers or employees, or has a substantial and adverse effect on Employer’s interests.
C. Except as otherwise mutually agreed, any dispute as to whether severance is excused under Section 10, Paragraph B, shall be referred to arbitration before a single neutral arbitrator selected from a list of seven (7) arbitrators requested from the California State Mediation and Conciliation Service. Employer will strike the first name and the parties will alternate striking names until one person is left who shall be designated as the arbitrator. Each party shall initially pay one half the cost of the arbitration. The prevailing party in the arbitration shall be entitled to reasonable attorney fees and that party’s costs of arbitration.
D. If Employee terminates this Agreement (thereby terminating Employee’s employment), Employee shall not be entitled to any severance.
E. At termination, for whatever reason, Employee will be compensated for all accrued but unused vacation leave. The rate of pay off shall be based on the rate of base pay at the time of termination.
At termination, Employee shall be eligible to cash out 100% of her remaining sick leave pay.
At termination, Employee shall receive a pro-rated amount of administrative leave unused during the calendar year of departure at the rate of 10 hours per month up to a maximum of 80 hours.
F. Any other term of this Agreement notwithstanding, the maximum severance that Employee may receive under this Agreement shall not exceed the limitations provided in Government Code Sections 53260 – 53264 or other applicable law. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 – 53243.4.
Section 11: Reserved
Intentionally left blank.
Section 12: Annual Performance Evaluation
The City Council shall conduct a performance evaluation to begin during June, 2023 and annually each June thereafter. At the request of Employer or Employee, such evaluation shall be professionally facilitated by a facilitator approved by the City Council.
Employee will request and schedule the evaluation, as appropriate under City Council agenda procedures, or as otherwise directed by City Council.
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Section 13: Employee’s Obligations and Hours of Work
Employee shall devote her full energies, interest, abilities and productive time to the performance of this Agreement and utilize her best efforts to promote Employer’s interests. Employee’s duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty (40) hour workweek and may also include time outside normal office hours (including attendance at City Council meetings).
Employee’s base salary includes compensation for all hours worked and Employee shall be classified as an exempt employee for purposes of overtime and wage and hour law. In recognition of the significant time Employee will need to devote outside normal office hours to business activities of Employer and the exempt, salaried nature of the employment, Employee is permitted to exercise a flexible work schedule. However, consistent with this flexibility and Employee’s participation in activities out of the office, Employee will generally be expected to keep office hours at City Hall, Monday through Friday during normal business hours.
Section 14: Outside Activities
Employee shall not engage in any employment, activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with, her duties and responsibilities to Employer. Further, Employee shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the City of Beverly Hills (except for stock ownership in any company whose capital stock is publicly held and regularly traded) without prior approval of the City Council. For and during the term of this Agreement, Employee further agrees, except for a personal residence or residential property acquired or held for future use as Employee’s personal residence, not to invest in any other real estate property improvements within the City without the prior consent of the City Council.
Employee shall not engage in consulting, expert witness testimony, speaking, or other business for which compensation of more than fifty dollars ($50) is paid in any one year without express prior consent of the City Council, which may be withheld in the sole discretion of the City Council. Free admission, and refreshments and similar non-cash nominal benefits provided to Employee during an event at which Employee gives a speech, participates in a panel or seminar, or provides a similar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity, shall not be considered compensation for the purposes of this Section 14. Employee will take personal leave (i.e. vacation time or administrative leave) for all compensated outside activities that occur during normal business hours.
Section 15: Residence
Employee shall be required to reside in a City-owned residential property located on the border of Beverly Hills and Los Angeles (the “Residence”) for the duration of her B0785-0301\2680596v1.doc -12-
employment with the City. The City shall be responsible for maintenance of the Residence. Employee shall be responsible for the payment of all utilities at the Residence. Employee shall have sixty (60) days, with a potential thirty (30) day extension, from the effective date of her separation from employment as City Manager to vacate the Residence. The complete terms of Employee’s occupancy of the Residence will be set forth in a separate lease agreement between Employee and the City and the Mayor is authorized the sign the lease agreement. Should there be tax consequences associated with this lease, each party shall be responsible for their respective taxes and penalties.
Section 16: Reserved
Intentionally left blank.
Section 17: Indemnification
Employer will defend and indemnify Employee, using legal counsel of Employer’s choosing, against legal liability for acts or omissions by Employee occurring in the course and scope of employment under this Agreement, in accord with California Government Code Sections 825, 995, and 995.2 – 995.8 and other applicable provisions of California law. In the event independent counsel is required for Employee, Employer may select and will pay the reasonable fees of such independent counsel.
However, in the event City provides funds for legal criminal defense pursuant to this section and terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 – 53243.4.
Section 18: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 19: Other Terms and Conditions of Employment
Employer may fix other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or applicable law.
Section 20: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: City of Beverly Hills
c/o City Clerk
455 N. Rexford Drive
Beverly Hills, California 90210
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With a courtesy copy to:
City Attorney
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, California 90210
(2) EMPLOYEE: Nancy Hunt-Coffey
at the home address then shown in Employer’s files
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 21: General Provisions
A. Integration: This Agreement sets forth the final, complete and exclusive agreement between Employer and Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, her employment is subject to Employer’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace, as they currently or may in the future exist.
B. Binding Effect: This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Choice of Law: This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.
D. Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
E. Employee’s Independent Review: Employee acknowledges that she has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that she has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon B0785-0301\2680596v1.doc -14-
any representation of Employer, its officers, agents or employees other than those expressly set forth in this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date and year first written above.
EMPLOYEE:
NANCY HUNT-COFFEY
CITY:
CITY OF BEVERLY HILLS
A California Municipal Corporation
by:
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
_____________________________(Seal)
HUMA AHMED
City Clerk
APPROVED AS TO FORM:
______________________________
LAURENCE S. WIENER
City Attorney