1 EMPLOYMENT AGREEMENT
CITY MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING
AGENCY EXECUTIVE DIRECTOR/
GONZALES ELECTRIC AUTHORITY EXECUTIVE DIRECTOR/GONZALES
MUNICIPAL ELECTRIC UTILITY EXECUTIVE DIRECTOR
This Agreement (the “Agreement”) is made by and between the City of Gonzales, a municipal corporation, hereinafter called “City,” the City of Gonzales as the Successor Agency to the Gonzales Redevelopment Agency, hereinafter called “Successor Agency,” the Gonzales Successor Housing Agency, hereinafter called “Successor Housing Agency,” the Gonzales Electric Authority, hereinafter “Electric Authority,” the Gonzales Municipal Electric Utility, hereinafter “Electric Utility,” (sometimes collectively referred to as “EMPLOYER”) and Trevin Barber, hereinafter called “Barber.” This Agreement shall have an effective date of January 2023. In consideration of the mutual covenants contained herein, the parties agree as follows:
1. Employment. EMPLOYER hereby appoints Barber as City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director, and Barber hereby accepts said appointment upon the terms and conditions hereinafter set forth.
2. Term. The term of this Agreement shall commence on January __ 2023, and shall continue for a term of two (2) years, until January 1, 2025, or until terminated as set forth in Paragraph
13. Notwithstanding said “term,” the parties recognize and affirm that: 1) Barber is an atwill employee whose employment may be terminated by EMPLOYER with or without cause; 2) there is no express or implied promise made to Barber for any form of continued employment; and 3) this Agreement is the sole and exclusive basis for the employment relationship between Barber and EMPLOYER. Notwithstanding the at-will nature of the City Manager/Directors’ positions, it is in EMPLOYER’s and Barber’s best interests to make every effort to ensure that any separation is performed in a professional and businesses like manner.
If the Agreement has not been terminated pursuant to Paragraph 13.A, and EMPLOYER has not provided Barber with notice of its intent not to extend or renew the Agreement per paragraph 13.B, the parties agree to engage in good-faith negotiations to either extend or enter into a new Employment Agreement at least ninety (90) days before this Agreement’s expiration date.
3. Duties. Barber’s duties under this Agreement shall be those assigned to the office of City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director by the general laws of the State of California, by Gonzales City Code (City Code Chapter 1.28), as from time-to-time amended, by the provisions of AB 1x26 and applicable provisions of the Health and Safety Code, by other ordinances and resolutions of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility, and all legally permissible and proper duties and 2 functions as the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Authority Board/Electric Utility Board may from time to time assign.
EMPLOYER agrees that except for the purpose of inquiry, EMPLOYER and its members shall deal with subordinate City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility employees, officers, contractors, and consultants solely through Barber, or his designees, and neither EMPLOYER or any member thereof shall give direction to any subordinate of Barber’s.
Barber shall devote as much time to said duties as shall be required for their proper performance, regardless of the number of hours involved. Barber shall generally be expected to be available in City Hall from 8:30 a.m. to 5:00 p.m., Monday through Friday, but shall be allowed to establish an appropriate work schedule upon providing the Council with notice of the same. Barber shall be responsible for notifying the Council, via electronic mail or telephone, of the use of vacation and/or any form of leave prior to the commencement of his absence.
Upon direction from the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Authority and Electric Utility Boards, Barber shall have the authority to enter into and sign documents on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility. Additionally, Barber’s duties shall include attendance at City-sponsored events and community gatherings with residents and partners, including but not limited to parades, ribbon-cuttings and opening ceremonies, and distribution of goods and materials for the public benefit.
In order to facilitate the foregoing duties, Barber shall have the authority to enter into contracts on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility on an administrative basis in an amount up to but not to exceed Twenty-Five Thousand Dollars ($25,000.00). Barber shall report all contracts entered into in the amount of Five Thousand Dollars ($5,000.00) or greater in his City Manager’s Report to the Council.
4. Salary and Benefits.
A. For all services to be rendered by Barber under this Agreement, EMPLOYER shall pay Barber One Hundred and Ninety-Four Thousand Dollars ($194,000.00) per year. Salary shall be payable in equal bi-weekly installments. Adjustment to this base salary on the basis of merit may be considered as part of the annual performance evaluation referenced in Section 9.
B. A portion of Barber’s total compensation will be paid from the Successor Agency budget.
Said sum will be based on the actual proportion of Barber’s time spent on Successor Agency duties, and will be paid from Successor Agency funds on a pro-rata basis.
Payment from Successor Agency funds will not cause Barber’s compensation to exceed that established in Subsection 4.A.
3 C. Barber shall be entitled to participate in the City’s retirement plan, medical, dental and vision plans, and shall also be entitled to participate in the City’s Life, ADD&D and LTD insurance programs. Barber agrees to pay the entire 7% employee’s share of the applicable PERS contribution as required by law.
D. City agrees to contribute an amount equal to 5% of Barber’s salary into an ICMA deferred compensation plan on an annual basis.
E. Upon execution of a “Cardholder Agreement,” Barber shall be entitled to obtain a City credit card. The credit card will be subject to the terms and conditions of all City Credit Card Utilization policies.
F. Any request for a change to the foregoing benefits must be made through negotiation with EMPLOYER, and only at the time of the Annual Job Performance Evaluation as set forth in Section 9.
G. In order to avoid issues associated with salary compaction, Barber’s salary will be subject to periodic adjustment to maintain a 5% differential between his compensation and the base compensation of the next highest salaried City employee.
H. Barber shall receive an annual cost of living adjustment (“COLA”) to his base salary on the first anniversary date of this Agreement, by the CPI for Urban Wage Earners and Clerical Workers, all items, San Francisco-Oakland, for the preceding year or 3%, whichever is greater.
I. In the event Barber establishes residency in the City of Gonzales, City will provide Barber with a monthly housing allowance of One Thousand Five Hundred Dollars ($1,500.00) during the term of this Agreement as long as Barber continues to reside in the City. City will also provide Barber with a one-time moving expense stipend of One Thousand Five Hundred Dollars ($1,500.00) upon relocation to Gonzales.
5. Extent and Quality of Services. Barber shall devote his full time, attention and energies to his duties hereunder, and while so employed shall not engage in any other business activity whatsoever, directly or indirectly, either alone or as a partner, employee or agent of another person, firm or corporation; provided, that nothing in this section shall be construed to prevent Barber from making business investments which will not require any service on his part. Barber shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by EMPLOYER.
The Parties recognize that while the City policy is that the City Manager shall reside within the city limits of the City of Gonzales, Barber is currently a resident of the City of Hollister, California. The Parties agree that Barber may continue to reside in Hollister as long as EMPLOYER determines that said residency does not serve as an impediment to the provision of Barber’s services and duties as set forth in this Agreement.
4 6. Vacation-Sick Leave-Administrative Compensatory Time Off-General Leave. Unless otherwise noted, City shall provide Barber with vacation, sick and holiday pay in accordance with the provisions that apply to all other City Management employees as set forth in the City of Gonzales Personnel Rules, Regulations and Policies, as may be amended from time to time, including
80 hours of vacation leave per year
96 hours of sick leave per year (accrued @ 3.69 hours per pay period) 1 floating holiday per year (credited January 1 of each year) 12 standard holidays provided to other employees.
Additionally, in recognition of the fact that Barber must devote a great deal of time outside of normal office hours to the business of EMPLOYER, City shall provide Barber with forty (40) hours per year of administrative leave, credited on July 1 of each year. Administrative time does not roll-over into subsequent years and must be used within each fiscal year in which it is granted.
Any caps on the accrual of vacation, sick leave or administrative time off, or restrictions on when such leave must be used applicable to other City Management Employees at the time of the execution of this Agreement shall apply to Barber.
Barber shall not be entitled to any amendments to such benefits as may be made from time to time by Council action after execution of this Agreement. Any change to such benefits must be made through negotiation with EMPLOYER, and only at the time of the Job Performance Evaluation set forth in Paragraph 9.
7. Automobile. Barber shall have the use of a City-owned automobile for his professional use.
With the exceptions noted below, personal use of the City Automobile in not allowed. The City Automobile shall also not be used to transport family members, friends or other persons not involved in the conduct of EMPLOYER’S business. Exceptions to this policy are as follows:
A. A family member may accompany Barber in the City Automobile to an official function to which the family member is welcomed or invited.
B. Barber may use the City Automobile for personal use that is reasonable and incidental to primary use. For purposes of this Agreement, incidental use is defined as a use that does not exceed the primary use of the City Automobile in either time or distance traveled in a twenty-four hour period. Examples would be stops at the grocery store, use of the automobile for an errand during the lunch hour or stopping for a meal on the way to or from an out-of-town meeting. Occasional overnight use to and from Barber’s residence is also allowed.
8. Expenses- Dues and Subscriptions. EMPLOYER agrees to reimburse Barber for all travel expenses and conference fees for annual League of California Cities meetings and annual International City/County Management Association meetings. 5 All other expenses incurred by Barber in the performance of his official duties shall be reimbursed in accordance with applicable City policies.
Upon City Council approval through the budget process, EMPLOYER shall pay a reasonable amount annually for Barber’s dues and subscriptions to professional organizations related to municipal management, and membership dues and related fees for local and regional community organizations. Where possible, requests for such amounts shall be made by Barber on an annual basis at or around the time of consideration and approval of the City fiscal year budget.
9. Review of Job Performance. EMPLOYER, through the City Council, shall review and evaluate the performance of Barber. In year one of the Agreement, the Council will meet twice, in June and in December, to discuss and review Barber’s progress/and or completion of Council established goals and milestones and any related performance issues. All such goals and milestones shall be established in writing by the Council in January of each year.
Thereafter, by no later than December of each year of the term of this Agreement, and at any other time chosen by the City Council as necessary, the Council will meet to evaluate Barber’s performance. Said review and evaluation shall be in accordance with specific criteria developed by the City Council, which may be modified from time-to-time. At the conclusion of each evaluation, the City Council shall provide Barber with a written summary of its findings and the opportunity to discuss the evaluation with the Council. All such information shall be kept confidential by the parties and shall be used by said parties only for the purpose of improving the employment relationship or for the purpose of exercising rights under the terms of this Agreement.
EMPLOYER, through the City Council, shall periodically define such goals and performance objectives which it determines are necessary for the proper operation of the EMPLOYER’s council/boards in the attainment of the Council/Agency/Utility policy objectives, and shall further establish a relative priority among those various goals and objectives. All such goals and objectives shall be reduced to writing and may be used for evaluation purposes.
10. Computer- Telecommunications. City agrees to provide a portable computer and software for Barber’s exclusive use at home or in the field. Such equipment shall remain the property of City, and upon Barber’s departure, shall be returned by Barber to City. Barber is expected to comply with all City rules, regulations and policies concerning the use and care of Cityissued electronic communications equipment. Telecommuting will not be allowed unless ordered by federal, state or local order or upon preapproval by the City Council.
11. Indemnification. EMPLOYER shall defend, save harmless, and indemnify Barber against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of Barber’s duties as City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Director/Electric Utility Director in accordance with the provisions of California Government Code Section 825, and provide a defense in accordance with Government Code Section 995.
Barber’s conviction for any felony or misdemeanor involving moral turpitude shall be a basis 6 for exemption from this indemnification. EMPLOYER may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefore.
12. Bonding. EMPLOYER shall bear the full cost of any fidelity or other bond required under any law or ordinance.
13. Termination.
A. Termination Prior to Expiration of Term. This Agreement may be terminated prior to the expiration of the term specified in Paragraph 2 above in any one of the following ways:
i. By mutual agreement of the parties hereto, expressed in writing; or ii. By Barber, upon giving EMPLOYER not less than sixty (60) days’ prior written notice of his election to terminate; or
iii. By EMPLOYER (by affirmative vote of at least three (3) City Council members), for cause, arising from a willful breach of duty or habitual neglect of duty of Barber, by Barber’s conviction of a crime involving moral turpitude, or for any conduct by Barber which makes it impossible or impracticable for him to perform his duties hereunder, or that seriously impedes EMPLOYER’s operations. Barber shall not have any right to appeal or hearing for termination pursuant to this section; or iv. By EMPLOYER (by affirmative vote of at least three (3) City Council members), without cause, upon giving to Barber written notice of termination. Upon termination and execution of a complete release and waiver of all claims, grievances or causes of action against EMPLOYER, its employees, agents, officers and appointed and elected officials arising out of or concerning this Agreement, Barber shall be paid forthwith a sum equal to his salary for a period of four (4) months as severance. Barber shall not have any right to appeal or hearing for termination pursuant to this section. Upon receipt of an overall above-average annual evaluation at the end of the first year of this Agreement, the amount of severance pay shall increase to six (6) months.
Notwithstanding the foregoing, Barber may not be removed from office without cause pursuant to this provision during or within a period of one hundred eighty (180) days succeeding any general municipal election held in the City at which a new city council member is to be elected. This prohibition shall not be applicable to the Council’s election to not renew or extend this Agreement as set forth in Subsection B of this Section 13.
B. Election Not to Renew or Extend Agreement. Should EMPLOYER elect not to extend or renew this Agreement, EMPLOYER shall provide Barber one hundred twenty (120) days’ written notice prior to the Agreement’s expiration date as established herein.
C. Disability. If Barber is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, or for twenty (20) working days over a 7 thirty (30) day working period, EMPLOYER shall have the option to terminate this Agreement, subject to the severance pay requirements in this Section.
D. Notwithstanding the language set forth in Subsection A above, any severance amount paid pursuant to this Agreement shall be subject to the restrictions set forth in California Government Code Section 53260, which provides that the maximum amount of severance pay that Barber may receive shall be the lesser of (i) twelve (12) months base salary; or (ii) base salary for the number of months remaining on the term of this Agreement. Additionally, any cash settlement related to termination of this Agreement received by Barber from EMPLOYER shall be fully reimbursed to EMPLOYER if Barber is convicted of a crime involving the abuse of his office or his position while employed by the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility, pursuant to Government Code Section 53243.2.
14. Compatibility with State Law. This Agreement is made subject to all applicable laws of the State of California, specifically including but not limited to Section 34851, et seq. of the Government Code. In the event of any conflict between the provisions of this Agreement and any such state law, the provisions of said State law shall apply.
15. Compatibility with Municipal Code. Except as otherwise noted in this Agreement, the provisions of this Agreement are subject to the limitations contained in Chapter 1.28 of the Gonzales City Code, and in the event of any conflict between the provisions of this Agreement and Chapter 1.28, the provisions of Chapter 1.28 shall be controlling.
Notwithstanding the foregoing, the process set forth in Section 13 above, for termination of employment, shall prevail over the provisions of Section 1.28.100 of the Gonzales City Code.
16. Miscellaneous.
A. The text herein shall constitute the entire Agreement between the parties. The Agreement may not be modified, except by written agreement executed by both parties.
B. If any provision or any portion thereof contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
C. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party.
D. In the event of litigation per the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees and cost.
IN WITNESS WHEREOF, said parties have executed this Agreement on the ___ day of January, 2023.
8 By ___________________________________
Trevin Barber
CITY OF GONZALES
By
Jose L. Rios, Mayor
CITY OF GONZALES AS SUCCESSOR AGENCY TO THE GONZALES
REDEVELOPMENT AGENCY
By
Jose L. Rios, Chair
CITY OF GONZALES SUCCESSOR HOUSING AGENCY
By
Jose L. Rios, Chair
CITY OF GONZALES ELECTRIC AUTHORITY
By
Jose L. Rios, President
CITY OF GONZALES ELECTRIC UTILITY
By
Jose L. Rios, President
9 ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney