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Agenda packet, regular meeting, fourth session

La Verne City Council
January 21, 2025

Document
Agenda packet, regular meeting, fourth session
Meeting
January 21, 2025
Body
La Verne City Council
Pages
486
Original file
22.0 MB
Text extracted from the city's file for reading and search. Open the original on www.laverneca.gov. That file is the official record.

MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

January 13, 2025
Quote prepared by:

Ron Dennis
[email protected]

8. Public Administration Training Services - Fixed Fee 32,370.00 Finance Enterprise/HCM Services Subtotal 237,700.00 USD Finance Enterprise/HCM Services Discount - 72,770.86 USD Finance Enterprise/HCM Services Total 164,929.14 USD

SERVICES SUMMARY
_____
Services Subtotal 237,700.00 USD
Services Discount - 72,770.86 USD
Services Total 164,929.14 USD
WHAT HARDWARE IS INCLUDED?
_____

FINANCE ENTERPRISE/HCM

PRODUCT NAME QUANTITY UNIT PRICE TOTAL

1. VPN Hardware and Support 1 2,700.00 2,700.00
Finance Enterprise/HCM Hardware Total 2,700.00 USD

HARDWARE SUMMARY
_____
Hardware Total 2,700.00 USD

QUOTE SUMMARY
_____
Software Subtotal
156,775.00 USD

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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

January 13, 2025
Quote prepared by:

Ron Dennis
[email protected]
Services Subtotal
237,700.00 USD
Hardware Subtotal
2,700.00 USD
Quote Subtotal 397,175.00 USD
Discount - 72,770.86 USD
Quote Total 324,404.14 USD
WHAT ARE THE RECURRING FEES?
_____

TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 2,000.00
FIRST YEAR SUBSCRIPTION TOTAL 156,775.00
FIRST YEAR RECURRING SERVICES TOTAL 0.00

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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

January 13, 2025
Quote prepared by:

Ron Dennis
[email protected]
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance.

This Quote is not intended to constitute a binding agreement. The terms herein shall only be effective once incorporated into a definitive written agreement with CentralSquare Technologies (including its subsidiaries) containing other customary commercial terms and signed by authorized representatives of both parties.

BILLING INFORMATION
_____
Fees will be payable within 30 days of invoicing.

Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.

The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.

Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.

For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.

PAYMENT TERMS
_____
Travel & Living Expenses
- Due as Incurred

PURCHASE ORDER INFORMATION
_____
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.

PO Number:
_______________________________________
Initials:
_____________________________________________

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MORE INFORMATION AT CENTRALSQUARE.COM
Quote prepared on:

January 13, 2025
Quote prepared by:

Ron Dennis
[email protected]
5-Year Cost Breakdown*
Initial Price $ 158,775.00
Year 2 $ 166,713.75
Year 3 $ 175,049.44
Year 4 $ 183,801.91
Year 5 $ 192,992.00
Total $ 877,332.10
*The values displayed here include Software Subscription and Hardware Maintenance fees and are estimates that are subject to change based on the final agreed upon terms

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Implementation Statement of Work
Project: La Verne, CA – Finance Enterprise and HR/Payroll CentralSquare is implementing a configurable, commercially available, off-the-shelf solution. The parties mutually agree and acknowledge this Statement of Work (SOW) is to be a planning document, not the detailed requirements or design of the solution.

This Statement of Work (SOW) defines the services and deliverables that CentralSquare will be providing in accordance with the terms and conditions of the Agreement (the “Agreement”) between CentralSquare Technologies, LLC (CentralSquare) and La Verne, CA (“Customer”).

This project description includes the services and deliverables specified by the Agreement, including if applicable, CentralSquare and services, Subcontractor activities, third-party products, and services for the implementation of the System and Subsystems specified in the Agreement (collectively the “Project”).

The number and type of software licenses, products, or services provided by CentralSquare, or its Subcontractors are specifically listed in the Agreement and any reference within this document as well as Subcontractors’ SOWs (if applicable) do not imply or convey a software, license, or services that are not explicitly listed in the Agreement.

Parties agree the Project Introduction Meeting will be scheduled within thirty (30) days from the Effective Date of the Agreement.

Scope of Project
The project includes the CentralSquare core systems, Finance Enterprise and HR/Payroll, as detailed in Appendix A of this SOW.

Services Scope
The following outlines the proposed methodology for the project management, consulting, configuration, testing, training, and other services work necessary for the implementation of the contracted products. Details related to the activities for each application included in this project can be found in Appendix A of this SOW.

Project Teams
Project teams from all parties will include functional experts, technical resources, and decision makers. Resource management is critical to success, for all parties. CentralSquare and the Customer agree to make all necessary arrangements to ensure resources are available at each stage to ensure timelines are met.

Project Management Methodology
The implementation is conducted by a cross-functional team of experts from several departments within CentralSquare led by the assigned Project Manager. A phased approach to project management is followed to ensure the critical services are consistent and results are achieved. Phases include:

Initiation: This phase includes the contract execution and transition to the Service Delivery team. CentralSquare may schedule an all-team meeting to kick off the project. The kickoff meeting will include time for the project managers from both teams to review all contractual documentation and begin the process of finalizing the integrated project schedule.

Planning: During the planning phase, the project managers from both teams will meet to discuss all tasks and resources necessary to successfully complete implementation. The project team from CentralSquare will be

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finalized, project governance will be established, and a communications plan will be drafted and shared with the parties.

Deliverables during the planning phase include the integrated baseline project schedule, communications plan, resource plan, and governance plan.

Monitor and Control: Throughout the project, the project managers will work together on monitoring and controlling the overall project health. This includes regular status meetings/reports, quality reviews, managing risks/issues, and managing resources. Project managers will work together to manage the overall timeline, scope, and respective budgets, as well as ensuring the customer’s objectives are being met along the way. Any items determined to be out of scope will be immediately addressed by Central Square and customer Project Manager.

Project governance is essential to establishing a decision making and communications model for the project. Key stakeholders will be identified by all parties and regular status meetings will be scheduled to review the project health, risks to timeline/budget, and issues that may block forward progress.

Deliverables during this phase include regular status reports, risk/issue log, regular stakeholder meetings, and all project schedule updates.

Project Close Out: The final stage of the project includes an introduction and transition to the Customer Support team and the Customer Success team. During transition, the project managers will work together to conduct an audit of tasks and deliverables associated with the project. Any mutually agreed upon delayed deliverables will be scheduled for post go-live and documented. Any contracted post go-live activities will be reviewed and scheduled as necessary before transition to Customer Support.

Communication
Project Status Cadence Meetings: Project status cadence meetings, scheduled as determined by the CentralSquare and Customer Project Managers, establish the status of the project; achievements over a defined iterative period, risk mitigation, issue review, and assurance of awareness of upcoming activities. Continuity in the meeting schedule is critical to early intervention of risks and issues.

Project Status and Issues/Risks Reporting: In addition to the regularly scheduled Project Status Meetings, the CentralSquare Project Manager provides two key types of reports as part of the Communication Plan.

The Project Status Report, distributed to key stakeholders at a frequency to be determined based on the needs of the Customer (typically bi-weekly or monthly), summarizes milestones completed, as well as recent and upcoming project activity.

The Issues Log updated continually by the CentralSquare Project Manager, tracks entry and management of project issues identified by CentralSquare or the Customer. Log entries include status updates, action items, and responsibilities of both parties. Risks and issues tracking log adjustments are mutual agreement by the CentralSquare and Customer Project Manager.

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The Customer and CentralSquare agree that the individuals designated in the final project plan are essential to the services offered pursuant to this Agreement. The Customer and CentralSquare should anticipate challenging issues to arise throughout the implementation process due to the nature and complexity of projects of this type. For expedient remedying of challenging issues, the Customer and CentralSquare will use the following dispute resolution process.

All communication regarding the project directed to CentralSquare’s Project Manager and the Customer’s Project Manager maintain consistent communication between the parties. Regularly scheduled project status meetings maintain open communication between the CentralSquare and Customer Project Manager.

All issues or concerns are to be openly and actively discussed between CentralSquare’s Project Manager and the Customer’s Project Manager prior to any escalation.

If issues begin to interfere with the progression of the implementation project, the Customer and/or CentralSquare Project Manager should escalate challenges to senior management representatives.

Customer will provide escalation personnel to CentralSquare Project Manager during Kick-Off phase of the project.

Implementation Methodology
CentralSquare Professional Service Consultants and Project Manager follow a standard implementation approach divided into stages throughout the course of the project. Several types of services and resources will be used during each stage to complete the necessary steps for successful deployment of the contracted services.

Contracted services are detailed in Appendix A.

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APPENDIX A - PRODUCT: FINANCE ENTERPRISE AND HR/PAYROLL FUNCTIONAL GROUPS:

The Finance Enterprise and HR/Payroll solution will be implemented for the Customer for the following modules:
• General Ledger
• Budgeting
• Accounts Payable
• Accounts Receivable
• Bank Reconciliation
• Cash Receipts/Cash Management
• Fixed Assets/Capital Assets
• Purchasing/Requisitions
• Person/Entity (Vendors/Customers)
• Human Resources
• Payroll
• Employee Online Basic

INSTALLATION:

Below are the major technical tasks included in this project. Significant tasks included:

Major Task Description
Completion of VPN Tunnel
Worksheet
CentralSquare will present the Customer a worksheet for completion. A sample of this worksheet is attached as Appendix C. The completion of this worksheet is critical to the creation of your Finance Enterprise environment. Please refer to Roles and Responsibilities detailed in Appendix B of this SOW.

Installation of Pre-Prod
of Finance Enterprise
and Cognos
Environments
CentralSquare technical consultant will create a new pre-production environment in CentralSquare’s hosted cloud. Details are included in Appendix B of this SOW.

DATA MIGRATION:

Major Task Description
Data Migration CentralSquare consultants will work with the Customer during the migration process. We will assist and train the Customer to use the data import tools. It is the responsibility of the Customer to provide legacy data in an acceptable format.

Data Migration Mapping The consultant will work closely with the Customer’s legacy data expert, to review the source data and assist with mapping it to the proper target data field in Finance Enterprise.

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CONFIGURATION:

Finalizing the Finance Enterprise configuration will be a collaborative process driven by the functional requirements discovered during discovery and consultative engagements between CentralSquare staff and the customer’s Subject Matter Experts. Significant tasks include:

Major Task Description
Needs Analysis Consultant meets with different areas of Finance reviewing and analyzing all key business processes. All sessions will be discussions on processes relating to the different key functional areas.

System Configuration CentralSquare consultants will work with the Customer to configure the system to meet their needs. The configuration will be based on the findings of the Needs Analysis. This configuration will be tested and adjusted as needed by the Customer.

Workflow Creation CentralSquare consultants will work with the Customer to configure Workflow in accordance with the Customer’s processes. CentralSquare will work directly with the Customer to identify Workflow to be created. The Workflow will be chosen by the Customer in conjunction with the number of hours (80) available for this task. The Customer will choose and prioritize the models that are to fit into the available hours. Customer will also receive Workflow creation training, see Training section below.

Report Development The Report Development team will work directly with the Customer to identify reports to be created. The reports will be chosen by the Customer in conjunction with the number of hours (80) available for this task. CentralSquare will scope the requested reports and assign hours to each. The Customer will then choose and prioritize the reports that are to fit into the available hours. Hours assigned to each report will include specifications, development of the report, and modifications (within scope). Delivery of the reports will be made as they are completed and approved.

Configuration Validation CentralSquare Consultant completes the Configuration Validation checklist of the system to verify system is configured to meet the requirements.

INTEGRATION/INTERFACES:

Integrations and/or interfaces Included in this project:

Integration/Interface Use of System Type of
Integration/Interfa
ce (i.e. API, Web
Service, Batch)
1-way/2-
way/Bidirectional
Standard/Custom Automated/Manual
NaviLine Cash
Receipts
Cash Receipting Batch Import into
Finance
Enterprise
GL
Standard – Flat File Import Manual
TRAINING:

Training is a structured program designed to equip the Customer’s staff with the necessary skills and knowledge for effective software utilization. The Customer has the option to record these training sessions, provided that a signed Confidentiality Agreement is submitted to the CentralSquare Project Manager. The responsibility for the management and storage of these recordings rests solely with the Customer.

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Application Workshops
Application workshop training classes designed as hands-on workshops to Train-the-Trainer. These classes generally are limited to eight participants (or as determined by mutual agreement of the CentralSquare and Customer Project Managers) and should be attended by functional experts in the specific application area.

Core Solution Training Type Intended Audience Topics Location Finance Core
Training
CST
Instructor-led
Training
Train the Trainer
Client functional experts
will attend
Accounts Receivable,
Accounts Payable, Cash
Receipts, Bank
Reconciliation, Fixed Assets
Remote
General Ledger
Training
CST
Instructor-led
Training
Train the Trainer
Client functional experts
will attend
General Ledger & Budget Remote
HR/Payroll
Training
CST
Instructor-led
Training
Train the Trainer
Client functional experts
will attend
Human Resources, Payroll Remote
Cognos
Analytics
CST Instructor
led Training
Report writers and users Overview and general
navigation. Report building
techniques and skills
Remote
TESTING:

Testing will assess your team’s readiness for Go Live. It is an iterative process, conducted by the client, to verify the configured solution meets the stated functional requirements. This phase is especially important to ensure a smooth transition at go-live. Significant tasks include:

Testing Tasks Definition
Planning CST will work with the System Administrator to develop an Acceptance Test Plan to verify the configured solution meets the stated functional requirements. This Plan will include user test scripts covering the various Finance functions
Issue Tracking CST will collaborate with the System Administrator to maintain a log of issues, configuration problems, and software malfunctions identified during testing Issue Resolution CST will work collaboratively to resolve all such issues, problems and malfunctions to the customer’s satisfaction
Acceptance Testing System Administrator will perform acceptance testing to ensure acceptance criteria items have been addressed, and certify Finance Enterprise is ready for “go-live”

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DEPLOYMENT:

Starts with the completion of your production environment. Then, we conduct a mock Go Live. Finally, once both teams agree on readiness, we Go Live. Significant tasks include:

Major Task Description
Configuration Validation CentralSquare Consultant completes the Configuration Validation checklist of the system to verify system is configured to meet the requirements.

Plan Cutover Schedule
and Communications
Describes tasks to be handled by CentralSquare and Customer personnel during the initial cutover to Go-Live, including a detailed schedule of CentralSquare personnel covering each shift with resources, process for reporting issues, how they will be handled or escalated, contact names/phone numbers onsite staff, remote and third-party vendors.

Testing Ends Sign Off Both parties will acknowledge the completion of testing by signing the Testing Ends document.

Execute Go Live The Client transitions from their legacy system to the Finance Enterprise system and conducts their normal day-to-day business.

Go Live Support This session will be used to provide support for Go Live. The topic will be determined by client needs.

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APPENDIX B: Cloud Services (Cloud Services – Hosted)
CentralSquare and Customer will conduct the following as part of this project.

Tasks Name Description Customer Role CentralSquare Role

1. Creation Initial Creation of CentralSquare’s
Finance Enterprise software
Attend Discovery Call
Provide necessary
information for the
environment build.

Provide a list of
network printers
Work with CST team to
choose the
authentication method
Provide a list of users, if
needed
Work with Networking
team to verify the siteto-site VPN is properly
configured.

Discovery Call
Complete install and
data migration
Work with client team to
choose the
authentication method
Work with client to verify
the site-to-site VPN is
properly configured.

2. Test Account
Creation
Test Account Creation is the
creation from the production
environment once the client
goes live.

Validate
Account
Create Test
Account

3. Cognos
Environment
Creation
Creation of the Cognos Analytics
pre-production environment.

Validate
Account
Complete install
and migrate
client reports
Assumptions
• CentralSquare will migrate Customer data into the Finance Enterprise database and confirm that the Finance Enterprise software’s primary system functions are available. • CentralSquare will install the Finance Enterprise software into our Private Cloud environment, managed by our Cloud services team and provide access to the Customer through a standard URL, secured over a site-to-site VPN tunnel. We provide a physical hardware appliance that the customer installs on-site and we manage remotely. • CentralSquare will configure Cisco Anyconnect VPN client access, but only for Disaster Recovery purposes. It is limited to 10 connections. Additional connections can be added for an additional cost.
• CentralSquare will complete all work remotely
• CentralSquare will create one (1) Production Environment and one (1) Test Environment as part of the Agreement. Additional accounts will require additional hours and hosting fees, added under separate quote by mutual written agreement at

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CentralSquare’s prevailing rates.
• CentralSquare can assist the client with Azure AD (OIDC), which is compatible with version 21.1 or greater. CentralSquare will configure those parts of the integration that are required and accessible for the cloud environment. There are some tasks that CST will require client assistance. Once configuration is complete, this will be tested by the client.
• CentralSquare can assist the client with Okta SAML and Azure AD SAML, which is compatible with version 21.2 or greater. CentralSquare will configure those parts of the integration that are required and accessible for the cloud environment. There are some tasks that CST will require client assistance. Once configuration is complete, this will be tested by the client.

Roles and Responsibilities
CentralSquare:
• Will stand up the new environments.
• URL’s for the environment will remain the same following go-live. • Will conduct a test to verify that CentralSquare applications have been installed and operating properly.
• Completion of VPN Tunnel Worksheet. CentralSquare responsible for CST Cloud Network Settings including, but not limited to, the following:
• Device Manufacturer/Model
• Firewall/Gateway Address
• Protected Network Address(s)
• Contact information of person(s) responsible for tunnel configuration Customer:
• Participate in planning activities (conference calls, emails) with CentralSquare Application Installation Consultant and Technical Lead.
• Completion of VPN Tunnel Worksheet. A sample of this worksheet is attached as Appendix C.

Required information includes, but is not limited to, the following:
• VPN tunnel configuration requirements, Client Settings • Device Manufacturer/Model
• Firewall/Gateway Address
• Protected Network Address(s)
• Contact information of person(s) responsible for tunnel configuration • Customer must notify CentralSquare right away if the following ranges are not acceptable:
• 10.30.0.0/16
• 10.60.0.0/16

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APPENDIX C: SAMPLE VPN Tunnel Worksheet
CST Cloud Network Settings Client Settings
Partner Details
Name CentralSquare Technologies
VPN tunnel configuration requirements
Device Manufacturer/Model
Firewall/Gateway Address
Protected Network Address(s)
IPSec Parameters (IKE Phase 1 Proposal)
Pre-shared Key
IKE Negotiation Mode IKEv2
Encryption AES-256
Authentication SHA-256
D-H Group 14
Psuedo-random Function (PRF) SHA1
Lifetime 86400 (24 Hours)
IPSec Parameters (IKE Phase 2 Proposal)
Perfect Forward Secrecy (PFS) D-H
Group
14 ESP Encryption AES-256
ESP Authentication SHA-256
Lifetime 28800 (8 Hours)
Contact Information
Responsible party for tunnel config
Contact details (Name & Email)
Further information/comments:

PSK can be updated after tunnel is established.

Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM

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City of La Verne,City Council
Agenda Report
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Kimberly Hall Barlow, City Attorney
SUBJECT: AMENDED AND RESTATED EMPLOYMENT AGREEMENT WITH CITY MANAGER.

SUMMARY
Annually, the City Council performs a performance evaluation of the City Manager. After conducting such an evaluation, the City Council is asked to consider an Amended and Restated Employment Agreement with the City Manager providing a five percent (5%) merit increase, three (3) year agreement extension, $100 monthly retiree health savings contribution, and establishment of a higher education tuition allowance.

RECOMMENDATION
That the City Council approve an “AMENDED AND RESTATED EMPLOYMENT AGREEMENT - CITY MANAGER,” providing the City Manager certain benefits based on a positive performance evaluation.

DISCUSSION
The City Council approved the employment of Ken Domer as City Manager on November 21, 2022, and he commenced employment with the City on December 19, 2022. Per his employment agreement, the City Council held a performance evaluation on December 16, 2024, and subsequently directed the City Attorney’s office to draft an amended and restated employment agreement for consideration at a Regular City Council meeting during Other Matters. Based on the City Council’s direction, the following amendments to the employment agreement are presented for City Council consideration:
• A standard merit increase of 5% (in similar fashion to step increases for other City employees) for performance during the evaluation period and establishment of a scheduled merit increase step of 2.5%, if approved by the City Council, based on future annual performance evaluation reviews.
• Establishment of a higher education tuition allowance for participation in a doctoral studies program relevant to municipal governance and authorize the City Manager to teach a public administration course during his employment. • Enrollment in a medical savings trust through a $100 per month contribution on behalf of the City Manager in-lieu of any other retiree medical post-employment benefit. • Extension of the City Manager's Employment Agreement by three (3) years to December 19, 2028.

The current employment agreement will be amended and restated with the prior changes from

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Amended and Restated Employment Agreement with City Manager., Page 2 Amendment #1 and the recommended changes incorporated into a new employment agreement.

FISCAL ANALYSIS
The fiscal impact of the 5% increase on an annualized basis is $12,556.25. For Fiscal Year 2024-25, the fiscal impact for the salary increase is approximately $5,232. The annualized fiscal impact for the medical savings trust is $1,200 with a Fiscal Year 2024-25 impact of $500.

The higher education tuition allowance will be budgeted in future fiscal years through an increase to the Department's education reimbursement account but not to exceed $12,000 annually. At this time, no budget appropriation is required as the Fiscal Year 24-25 amounts will be absorbed within the Administration Department budget.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
The City Attorney has reviewed and approved this item.

ATTACHMENTS

1. Amended and Restated Employment Agreement

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5 AMENDED AND RESTATED

EMPLOYMENT AGREEMENT

CITY MANAGER
THIS AMENDED AND RESTATED AGREEMENT, is made and entered into this 21st day of January, 2025, by and between the CITY OF LA VERNE ("CITY") and KENNETH A.

DOMER ("EMPLOYEE").

WHEREAS, the CITY has employed EMPLOYEE to serve as City Manager since December 19, 2022, and after an annual performance review, desires to amend the AGREEMENT; and WHEREAS, the CITY and EMPLOYEE entered into AMENDMENT #1 TO EMPLOYMENT AGREEMENT on February 5, 2024, and with these changes will amend and restate the current AGREEMENT in effect; and
WHEREAS, the City Council has conducted a performance evaluation of the EMPLOYEE and reviewed compensation and benefits for positions in similar and comparable cities; and
WHEREAS, the proposed compensation and benefit provisions align with the financial sustainability efforts of the City and the desire to retain EMPLOYEE in his position for stability to the organization; and
WHEREAS, based on performance to date, City Council desires to provide a standard merit increase of 5% for the EMPLOYEE, in similar fashion to step increases for other City employees, for his performance during the evaluation period, and to establish a scheduled merit increase step of 2.5% if approved by City Council based on future annual performance evaluation reviews; and
WHEREAS, the City Council desires to continue the professional development of the EMPLOYEE through the establishment of a higher education tuition allowance for participation

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5 in a doctoral studies program relevant to municipal governance and authorize EMPLOYEE to teach a public administration course during his employment; and WHEREAS, the City Council desires to contribute to a retirement health savings trust account on behalf of the EMPLOYEE in-lieu of any other retiree medical post-employment benefit; and
WHEREAS, the City Council desires to extend the contract of the EMPLOYEE to December 19, 2028.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

1. DUTIES. CITY hereby employs EMPLOYEE as City Manager and EMPLOYEE shall have all of the duties of the City Manager specified in state law, the La Verne Municipal Code and all other policies and procedures of the CITY.

2. TERM. The term of this Agreement shall terminate on EMPLOYEE'S anniversary date December 19, 2028. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in paragraph 9 hereof. During the term of this Agreement, EMPLOYEE shall remain in the exclusive employ of the CITY, except as otherwise allowed by this Agreement. EMPLOYEE shall give the CITY at least one month's written notice in advance in the event EMPLOYEE voluntarily resigns his position with the CITY prior to the expiration of the aforesaid term of employment.

3. SALARY. Effective on the first day of the full pay period following execution of this Agreement, the salary for EMPLOYEE shall be $263,681 per year, reflecting a 5% merit increase.

This salary may be adjusted by the City Council after EMPLOYEE’S ANNUAL EVALUATIONS. Merit step increases, based on a positive future annual performance evaluation, shall be two- and one-half percent (2.5%), payable beginning the first pay period after the annual performance evaluation.

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5 City Manager shall be eligible for cost-of-living adjustments ("COLA") approved by the City Council in and for 2025 and thereafter. The amount of the COLA provided to the City Manager shall be equal to the COLA, if any, afforded to all City department director executive employees by resolution of the Council, and shall be effective the same date as such COLAs are provided to all City department director executive employees.

4. BENEFITS. EMPLOYEE shall receive all employee benefits provided now or in the future to City department director executive employees. EMPLOYEE shall be entitled to the optional benefits regarding waiver of medical insurance as provided in Administrative Regulation No. 306.

5. CAR ALLOWANCE. EMPLOYEE shall receive a car allowance of $612 per month.

EMPLOYEE shall provide his own vehicle, insurance, fuel, registration and maintenance.

EMPLOYEE may use any CITY provided electrical outlet or electric vehicle charging system to allow EMPLOYEE to charge his personal vehicle.

6. CONTRIBUTION TO PERS RETIREMENT COSTS. EMPLOYEE shall be responsible for paying the full eight percent (8%) of his member contribution to PERS in addition to a two percent (2%) cost share of the employer portion, for a total contribution of ten percent (10%).

7. VACATION. EMPLOYEE shall accrue vacation leave at the rate of 180 hours per year.

The maximum accrued vacation leave shall be 400 hours.

8. ANNUAL EVALUATION. EMPLOYEE and CITY agree that EMPLOYEE'S performance will be evaluated annually. The parties intend for this evaluation process to be comprehensive and based upon criteria that is mutually agreed upon.

9. TERMINATION AND SEVERANCE.
(A) This Agreement may be terminated by the City Council for cause. After giving notice to EMPLOYEE that this Agreement is terminated for cause, the CITY shall have no obligation to continue the employment of EMPLOYEE or to provide compensation or benefits, including severance.

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5 For purposes of termination, "cause" is defined as willful breach of duty by EMPLOYEE in the course of employment or habitual neglect of duty by EMPLOYEE in the course of employment or continued incapacity of EMPLOYEE to perform the duties of employment as City Manager. Cause may also include EMPLOYEE being charged with, or entering a guilty plea or plea of nolo contendere to, or being convicted of, an offense which is a felony or crime of moral turpitude in the State of California; EMPLOYEE's willful misconduct or gross negligence; or EMPLOYEE's act of material dishonesty with or theft from the CITY.
(B) In the event EMPLOYEE is terminated without cause, EMPLOYEE shall be entitled to receive an amount equal to the EMPLOYEE’s monthly salary multiplied by the number of months left on the unexpired term of the contract, up to a maximum of twelve (12) months’ salary, as severance pay.

EMPLOYEE shall also be entitled to payout of all accrued paid leave and benefits. Provided, however, that in the event EMPLOYEE is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, CITY shall have no obligation to pay such salary and benefits provided for in this paragraph.

All payments required under Section 9 are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260, and shall be reported in full compliance with all statutes and rules governing the California Public Employees Retirement System. Further, in the event EMPLOYEE is convicted of a crime involving an abuse of office or position, EMPLOYEE shall reimburse the CITY for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243-53243.4.

10. REIMBURSEMENT TO CITY REQUIRED
Notwithstanding the foregoing, the following provisions requiring reimbursement for certain compensation and/or indemnification provided to EMPLOYEE by the CITY apply:
(A) Paid Leave:

Pursuant to Government Code section 53243, in the event that EMPLOYEE is convicted of a crime involving the abuse of his office or position, as defined by Government Code section 53243.4, with the CITY, any paid leave or salary provided by the CITY for the time period in which the EMPLOYEE is under investigation for such crimes shall be fully reimbursed by EMPLOYEE to the CITY.

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5 (B) Legal Defense:

Pursuant to Government Code section 53243.1, in the event that EMPLOYEE is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4, EMPLOYEE shall fully reimburse the CITY for all the costs of his legal criminal defense if a defense has been provided at CITY expense.
(C) Severance:

Pursuant to Government Code section 53243.2, in the event that EMPLOYEE is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4, EMPLOYEE shall fully reimburse the CITY for any cash settlement, including but not limited to severance pay, paid to EMPLOYEE related to his termination under this Agreement.

11. PROFESSIONAL DEVELOPMENT. CITY will allocate sufficient funds to pay the actual expenses of EMPLOYEE'S necessary costs for travel, registration, lodging and meals when representing the CITY at conferences and meetings authorized by the City Council in accordance with the City’s expense reimbursement policy. CITY will allocate sufficient funds to pay EMPLOYEE's memberships in professional organizations relevant to his management duties.

12. HIGHER EDUCATION TUITION ALLOWANCE. To support City Manager's furtherance of his professional development, effective July 1, 2025, City Manager shall receive: (1) a higher education tuition allowance, not to exceed $12,000 per fiscal year and as budgeted for participation in a graduate university doctoral program in Public Administration ("Program"). The benefits conferred in this Section are contingent upon the City Manager's continued employment as City Manager as forth below until at least December 19, 2028.

In the event City Manager resigns from his employment as City Manager and terminates this Agreement prior to December 19, 2028, City Manager shall reimburse City such tuition allowance expended during that budget fiscal year within thirty days from separation of employment.

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5 EMPLOYEE, upon conferring with the City Council, is authorized to teach a public administration course during his employment, which shall not interfere with his duties as City Manager.

13. ADDITIONAL BENEFITS. EMPLOYEE shall be enrolled in a City sponsored Retiree Medical Savings Trust and the CITY will contribute $100 per month to the retiree health savings plan on EMPLOYEE’s behalf. Contributions will begin the first full pay period after effective date of this Agreement.

14. HOURS OF WORK. It is recognized that EMPLOYEE must devote a great deal of his time outside normal office hours to business of the CITY, and to that end EMPLOYEE will be allowed reasonable flexibility with respect to hours in the office.

15. NO REDUCTION IN BENEFITS. CITY shall not, at any time during the term of this Agreement, reduce the salary, compensation, or other financial benefits of EMPLOYEE except in the same proportion applied across the board for all employees of CITY.

16. ATTORNEY'S FEES. In the event that any legal action, including an arbitration proceeding, is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any other relief and costs, be entitled to reasonable attorney's fees.

17. AT WILL EMPLOYMENT. EMPLOYEE is an "at will" EMPLOYEE, subject to the provisions of this Agreement.

18. DEFENSE AND INDEMNIFICATION. CITY will indemnify and defend EMPLOYEE against any third-party claims prosecuted against EMPLOYEE for actions taken in the course and scope of his official duties.

19. GENERAL PROVISIONS.
a. This Agreement shall be binding upon and inure to the benefit of the assigns, beneficiaries, heirs at law and executors of EMPLOYEE.
b. The parties have participated jointly in the negotiation and drafting of this Agreement

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5 and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
c. If any provision of this Agreement shall be held invalid, it is the intention of the parties that the remainder shall nevertheless be deemed valid and effective.

IN WITNESS WHEREOF, the CITY has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its Deputy City Clerk, and EMPLOYEE has signed and executed this Agreement on the date first above written.

CITY OF LA VERNE
_______________________________
Tim Hepburn, Mayor
ATTEST:
________________________________
Debra Fritz, Deputy City Clerk
APPROVED AS TO FORM:
________________________________
Kimberly Hall Barlow, City Attorney

EMPLOYEE
_______________________________
Kenneth Domer

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