1. Agreement
AGENDA REPORT
February 11,2026Honorable Mayor & City CouncilLaurence S. Wiener, City AttorneyEMPLOYMENT AGREEMENT BETWEEN THE CITY OF BEVERLY
HILLS AND RYAN GOHLICH
It is recommended that the City Council approve the Employment Agreement between Ryan Gohlich and the City.
Nancy Hunt-Coffey will be retiring from her position as City Manager on July 3, 2026. The City Council has appointed Ryan Gohlich to serve as the next City Manager. This Agreement will employ Ryan Gohlich in that position.BACKGROUND Ryan Gohlich has ably served in the City since September of 2007 and has served in increasingly responsible positions. He has served as Assistant City Manager since January 1, 2023.Mr. Gohlich was previously selected to serve as the next City Manager and willbe replacing Nancy Hunt Coffey in July of this year. This Agreement will set forth the terms of his employment.
This Agreement employees Ryan Gohlich as City Manager for a term of fiveyears from July 4, 2026 to June 30, 2031. Mr. Gohlich will be required to devote his full energies, interest, abilities and productive time to the position of CityManager. Mr. Gohlich will have an annual base salary of $425,000 andmanagement incentive pay of $700 per month. These amounts shall be adjustedby 3% annually to reflect the cost of living. He will be reviewed annually, at Meeting Date:
Item Number:
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Attachment:
RECOMMENDATIONINTRODUCTIONDISCUSSION
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Meeting Date: February 11 2026
which time he will be eligible for performance pay up to 10% of his annual base salary.
The Contract provides insurance benefits of $2,750 monthly for the purchase ofeligible medical, dental and optical insurance with an annual increase of $100 per month. The Contract also entitles Mr. Gohlich to a $300,000 term life insurancepolicy and a long-term disability policy that covers 66% of his base salary.
In addition to a PERS retirement, the City shall contribute 4.75% of Mr. Gohlich’s annual salary to a deferred compensation plan for retirement and deposit $1,375 per month into Mr. Gohlich’s retirement health savings account. Mr. Gohlich willreceive 2% of his base salary in wellness pay.Mr. Gohlich will be expected to belong to organizations necessary for his continued professional growth, as well as local organizations that have been traditionally attended by the Beverly Hills City Manager. The City will reimburse Mr. Gohlich for such expenses provided the City Council is made aware.Mr. Gohlich will also be required to reside at the residential property occupied by the previous two City Managers. Mr. Gohlich will be responsible for the payment of all utilities at the residence. Given the lack of improvements to the propertyover the last several years. Mr. Gohlich will be granted $100,000 for improvements to be made to the property.Mr. Gohlich is expected to work in excess of the standard workday and in excess of the 40 hour workweek. As a consequence, Mr. Gohlich shall receive 240 hours annually for vacation, 120 hours for administrative leave and eight hoursper month of sick leave as well as City and personal holidays.FISCAL IMPACT The City Manager’s compensation is included in the budget.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND RYAN GOHLICH
This Employment Agreement (“Agreement”), made as of July 3, 2026, is entered into by and between the City of Beverly Hills, a California municipal corporation, (“Employer” or “City”) and Ryan Gohlich, (“Employee”), an individual.Section 1: Term Unless sooner terminated, as provided in this Agreement, this Agreement shall remain in full force and effect from July 4, 2026, to and including June 30, 2031. Employee is currently employed by City and this Agreement continues his employment without interruption.
Section 2: Duties and Authority
Employer agrees to employ Employee as City Manager, and, at the discretion ofEmployer, as Executive Director of any authority or agency created or staffed byEmployer, 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 $425,000 (four hundred twenty-five thousand dollars), subject to legally permissible or required withholding, prorated and paid on Employer’s normal paydays. Starting with the pay period including July 4. Employee will receive an annual cost of living increase of 3% ofhis base salary.
B. In addition to base pay, Employee shall receive Management Incentive Pay (MIP) in the amount of $700.00 per month, with an annual 3% increase beginning with the pay period including July 1, 2027. 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 inlieu of other benefits that are excluded from consideration under the statutes andregulations of the California Public Employees’ Retirement System (PERS).
C. Beginning in July of 2027, Employer, by its City Council, will conduct an annual salary review in conjunction with the annual performance review as set forth in Section
10. The City Council may, but is not required to, consider or approve bonuses, B0785-0301\3166164v5.doc -1-
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 his 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 the Employee and dependents.
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 minimumcontribution to medical insurance for all participants) to use to pay for Employee’sselected I.R.S. qualified benefits as detailed in this Section. The monthly benefit for2026 is the difference between the statutory required minimum (currently at $162 but which will increase annually) and $2750.00 for the purchase of the eligible medical, dental and optical insurance benefits (for 2026, is number currently is $2588). OnJanuary 1, 2027, and each January 1 thereafter, the monthly benefit shall increase by $100.
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 his bi-weekly payroll, that amount as determined by the differencebetween the employee’s selected benefits and the monthly benefit amount, subject to amaximum 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 dependentsclaimed.B0785-0301\3 166 164v5.doc -2- 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 shallpay 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 ofEmployee’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/orspouse 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 provide at the City’s cost and through a program of the City’s choosing, a long-term disability insurance plan for Employee that covers 66% of his base salary during eligible periods.
E. Employer may provide to Employee extended disability base pay and benefits (less legally required deductions) continuance in the event that Employee sustains aninjury 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 immediatelyupon 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 himself 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\3 166 164v5.doc -3-
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 forEmployee if he does not follow the procedures as set forth in this paragraph E, or doesnot qualify for disability insurance.Employee shall not receive a monetary amount greater than he would normally receiveif he had been working under normal conditions. Any disability indemnity received byEmployee from the State of California for the purpose of ensuring a weekly or monthlyincome 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
The City shall deposit $1,375 per month into Employee’s retirement health savings account.
2. Retirement Dental Benefit
Upon retirement, Employee can continue in the City’s dental plans, at his 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 his 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 retireeoptical based on availability, market conditions and other factors.
0. Wellness Pay
Employee will receive two percent (2%) of his annual base salary for wellness pay. This two percent (2%) shall be prorated and paid on Employer’s normal paydays.
Section 5: Vacation, Sick and Other Leave
A. Employee shall accrue vacation time at the rate of 240 hours annually, prorated and credited each pay period.
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B. Employee will continue to receive up to 120 hours of administrative leave each payroll year (defined as the year that ends at the end of the last full pay period inDecember, where the payday is also in December). At the end of each payroll 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 administrative leave on the books (because theemployee had in excess of 80 hours of administrative leave on the books) for the following payroll year, he will only accrue that amount of administrative leave which,when added to the carried over administrative leave from the prior payroll 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 240hours. The current year accrual shall not be included in the accumulation, which means the Employee can have a balance of up to 480 hours during the year. If Employee is above the maximum limit of 240 at the end of the payroll year (following cash payment, if any), Employee will receive no additional vacation accumulation until his accumulationis below the limit of 240. By December 31 of each year, Employee may make anirrevocable election to cash out up to 120 hours which will be earned in the followingpayroll year, provided that at the time of the cash out, Employee has a minimum of 240hours of accrued vacation leave. To be eligible to cash out in excess of eighty (80)hours (up to a maximum of one hundred twenty (120) hours) of accrued vacation,” Employee must have used at least forty (40) hours of vacation within the payroll year.Employee will be paid for the vacation hours (up to a maximum of one hundred twenty (120) hours) he irrevocably elected to cash out prior to 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 cashpayment, if any), Employee will receive no additional vacation accumulation until hisaccumulation is below the limit.
D. Employee shall continue to accrue sick leave at the rate of 8 hours for each month of employment.
E. All leave balances accrued by Employee during his previous employment with the City will carry over to his 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 he is entitled to receive temporary disability indemnity under Division 4 (Section 3201, et seq.) of the California Labor Code. IfEmployee is entitled to receive such temporary disability indemnity, Employee may elect (for a period not to exceed twelve (12) months after he first makes such election) to use as much of his accumulated sick leave or accumulated vacation, so when added to his B0785-0301\3 166 164v5.doc -5-
disability indemnity, will result in a payment to him of not more than full base pay or wage.
2. Sick Leave Incentive
If Employee accrues 72 hours or more of sick leave in any payroll year, he may convert up to 36 hours of sick leave to cash prior to the first paycheck of January of the following payroll year. The limit of payment shall be 36 hours per year. By December 31 of each year, Employee may make an irrevocable election to cash out up to 36 hours of sick leave which will be earned in the following payroll year. If the irrevocable election is not made, Employee will not have any of his sick leave cashed out in January of the year after it was accrued.
F. 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, Employeeshall 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 pastpublic employment. All fees to which Employee is entitled by law for such service shallbe paid (less transportation allowance, if any) to the City.
G. Employee shall be entitled to the following paid holidays if Employee was in a paid status the regularly assigned work period the day before and the day after theholiday:
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
Juneteenth June 19
Independence Day July 4Labor 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 onSunday, the following Monday shall be considered the holiday.
H. Employee shall be entitled to two additional paid personal holidays each year.
Said holidays may be taken at Employee’s discretion. Employee may not have more than two personal holidays on the books at any time, If at the end of the fiscal year, employee still has personal holidays on the books for the following fiscal year, the Employee will receive only that amount of personal holidays that will bring the balance to two personal holidays. Personal holidays cannot be cashed out.
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Bereavement Leave. Bereavement Leave is an absence occasioned by the death of a family member of Employee. Forty (40) hours of bereavement leave, percalendar year, may be used in the event of the death of a family member, hereindefined as a spouse, registered domestic partner, parent, sibling, child, grandparent, inlaw, or parent of registered domestic partner of Employee. These terms shall be defined by Labor Code section 245.5. In the event Employee needs additional time off for thisleave, he may use up to forty (40) hours of sick leave per calendar year.
Section 6: Retirement and Reimbursement Plans
A. Employee shall be enrolled in Employer’s retirement plan with 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 4.75% of Employee’s annual base salary on behalf of Employee to 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; andB0785-0301\3166164v5.doc -7- 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.
Section 7: 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 Employee’s continuedprofessional participation, growth, and advancement, and for the good of 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’soperations 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 willalso 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 limitsestablished by Employer.
C. The expenses to be budgeted and paid in Section 7, 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 7, Paragraphs A and B, above, to the full City Council prior to receiving reimbursement.
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Section 8: 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 toany 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 his employment with Employer, subject only to Employeeproviding sixty (60) calendar days prior written notice to Employer.
Section 9: 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, 2029, Employer shall pay Employee a lump sum severance benefit equal to twelve (12) months of his thenapplicable base salary.
2. If termination is effective following the period specified in Sub-Paragraph 2, above, and on or before December 31, 2030, Employer shall pay Employee a lumpsum severance benefit equal to six (6) months of his 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 CityCouncil as a body; and
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 B0785-0301\3 166 164v5.doc -9-
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 9, 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 bedesignated as the arbitrator. Each party shall initially pay one half the cost of thearbitration. 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, for whatever reason, Employee shall be eligible to cash out 100% of his remaining sick leave pay.
At termination, for whatever reason, Employee shall receive a pro-rated amount of administrative leave unused during the payroll 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 thatEmployee 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 10: Annual Performance Evaluation The City Council shall conduct a performance evaluation to begin during June, 2027 and annually each June thereafter. At the request of Employer or Employee, suchevaluation 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.Section 11: Employee’s Obligations and Hours of Work Employee shall devote his full energies, interest, abilities and productive time to the performance of this Agreement and utilize his 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 B0785-0301\3166164v5.doc -10-
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 theemployment, 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 throughFriday, during normal business hours.
Section 12: 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, his 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 priorapproval of the City Council, expect that Employee may invest and participate in the dental practice of his wife, which is located in Beverly Hills. 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 12. Employee will take personal leave (i.e. vacation time or administrative leave) for all compensated outside activities that occur during normal business hours.Section 13: 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 his 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 theResidence. Employee shall have sixty (60) days, with a potential thirty (30) day extension, from the effective date of his separation from employment as City Manager B0785-0301\3166164v5.doc -11-
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 to sign the lease agreement. Said lease agreementshall provide Employee with a $100,000 allowance for improvements made to the property. Should there be tax consequences associated with this lease, each party shall be responsible for their respective taxes and penalties.
Section 14: 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 applicableprovisions 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 the 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 15: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of Employeeunder any law or ordinance.
Section 16: 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 Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or applicable law.Section 17: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of theUnited States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: City of Beverly Hills
do City Clerk
455 N. Rexford Drive
Beverly Hills, California 90210
With a courtesy copy to:City Attorney
City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, California 90210
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(2) EMPLOYEE: Ryan Gohlich
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 18: 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 aremerged 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 theAgreement. Such amendments shall be incorporated and made a part of thisAgreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, his employment is subject to Employer’sgenerally applicable rules and policies pertaining to employment matters, such as thoseaddressing 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 theEmployee 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 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 particularcircumstances, it shall nevertheless remain in full force and effect in all othercircumstances.
E. Employee’s Independent Review: Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of Employer, its officers, agents, or employees other than those expressly set forth in this Agreement.
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IN WITNESS WHEREOF the parties have executed this Agreement as of the date and year first written above.
EMPLOYEE
CITY OF BEVERLY HILLS
A California Municipal Corporation
by:
_______________________________
SHARONA R. NAZARIAN, PSYD
Mayor of the City ofBeverly Hills, California
ATTEST:
________________________________(Seal)
HUMA AHMED
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
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