Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the City of Gilroy:
City of Gilroy Charter
The City Administrator shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Administrator shall have power and be required to:
(a) Take a continuing interest in the effectiveness and economy of all administrative arrangements throughout the City;
(b) Insure that administrative activities with which two (2) or more departments are concerned are effectively coordinated;
(c) Appoint, suspend, discipline and/or remove, subject to the provisions of this Charter, all officers and employees of the City except that department heads shall be appointed and removed with the consent of the Council. This sub-section shall not apply to those department heads and officers whose appointment is vested by this Charter in the Council. The City Administrator may authorize the head of any department or office to appoint or remove subordinates in such office; (d) Prepare the budget annually, submit it to the Council, and be responsible for its administration after its adoption;
(e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year; (f) Make and execute, on behalf of the City, contracts involving Council-appropriated expenditures, and bids or proposals approved by the Council; (g) Establish a purchasing system to meet the needs of all City offices, departments and agencies; (h) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable; (i) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced;
(j) Submit periodic reports to the Council covering significant activities of City agencies, offices and departments under his supervision and significant changes in administrative rules and procedures promulgated by the City Administrator;
(k) Submit special reports in writing to the Council in answer to any requests for information when requested of him by the Council; and
(l) Perform such other duties consistent with this Charter as may be required of him by the Council. (Charter Amendment November 4, 1997)
The City Administrator shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations but shall not have a vote. He shall attend all regular and special meetings of the Council unless physically unable to do so or unless he has received prior approval for such absence from the Council.
City Administrator Job Description
• Attend meetings of the City Council to advise members on established policy and advise the City Council on matters of administrative practices, City operations, policies, and problems.
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• Report to Council on various topics and make recommendations concerning the adoption of measures and ordinances.
• Receive various assignments from the Council.
• Prepare an Annual Financial Plan and Capital Improvement Budget and submit it to the City Council for their review and adoption.
• Exercise continuous budgetary controls to ensure proper expenditures of authorized funds. • Study systems and procedures and propose improvements and simplifications. • Conduct continuous research in administrative practices and recommend to the City Council those practices which will produce greater efficiency and economy in city government. • Represent the City Council and the City in relationships with other governmental agencies, and the general public.
• Coordinate interdepartmental and inter-jurisdictional projects and activities. • Execute contracts on behalf of the City Council.
• Organize City Departments into effective, productive units. • Plan for future City activities/projects with all departments. • Appoint, suspend, discipline and/or remove all officers and employees as set forth in the City Charter; administer all the City's personnel rules and regulations. • Act as Director of Emergency Services.
• Negotiate and lead initial planning of major civic or community improvement projects. • Serve as the Authority Manager of SCRWA (South County Regional Wastewater Authority). • Stay current and proactively respond to pending legislation which has the potential to impact the City budget or other operations.
• Perform such special assignments as the City Council may direct.
Retired Annuitant will report directly to the City Council. Retired Annuitant shall comply with all City rules, policies, guidelines, regulations, and laws.
Section 3. Compensation; Hours
City agrees to compensate Retired Annuitant at $151.56 per hour for all services provided under this Agreement. Payments from City to Retired Annuitant shall be made during the normal payroll cycles of other City employees.
City has reviewed and compared the hourly rate set forth in this Section with other employees performing comparable duties and the hourly rate set forth in this Section does not exceed such other employee’s compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June 30) inclusive of any hours worked during the same period for other CalPERS employers as a retired annuitant. Retired Annuitant shall record his hours on a pre-approved timesheet that shall be submitted to the City every month.
The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the City Council, will assign Retired Annuitant hours to work.
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vary, however Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime is prohibited under Government Code Section 21221(h).
There are no other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to the hourly pay rate set forth in this Section.
Section 4. Location
The primary locations for services will be at the following addresses:
Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020 Section 5. Compliance with Laws
This Agreement will be construed in accordance with and governed by the laws in the State of California. In the event that suit shall be brought by any of the parties, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines. Retired Annuitant agrees and acknowledges that the State of California and the governing body of the California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating to services provided by “retired annuitants” to public agencies contracting with the California Public Employees’ Retirement System. Retired Annuitant agrees to comply with all applicable laws, regulations and guidelines relating to the services provided under this Agreement.
Section 6. Termination
This Agreement may be terminated by either party for convenience by providing written notice to the other party.
Section 7. Miscellaneous
a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions.
b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. c. This Agreement represents the entire and integrated agreement between City and Retired Annuitant and supersedes all prior negotiations, representations, or agreements, either written or oral.
In witness where of the parties have duly affixed their signatures on this __ day of ______, 2025.
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Employer: City of Gilroy
Greg Bozzo, Mayor
Retired Annuitant:
Brad Kilger
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
Kim Mancera, City Clerk
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