CITY MANAGER EMPLOYMENT AGREEMENT
[AS AMENDED NOVEMBER 17, 2014]
[AS AMENDED JUNE 18, 2018]
[AS AMENDED MARCH 21, 2022]
[AS AMENDED JUNE 20, 2023]
[AS AMENDED JULY 17, 2023]
THIS AMENDED AGREEMENT is effective the 17th day of July 2023, by and between Raymond M. Rodriguez (hereinafter referred to as “EMPLOYEE”) and the City of San Pablo (hereinafter referred to as “CITY”).
Whereas, CITY and EMPLOYEE entered into an employment agreement on March 30, 2010, under which EMPLOYEEE serves as CITY’S city manager as of May 3, 2010 (“Agreement”);
Whereas, the Agreement was amended as of November 18, 2014 pursuant to City Council Resolution No. 2014-178;
Whereas, the Agreement was further amended as of June 18, 2018, pursuant to City Council Resolution No. 2018-88;
Whereas, the Agreement was further amended as of March 21, 2022, pursuant to City Council Resolution No. 2022-048;
Whereas, the Agreement was further amended as of June 20, 2023, pursuant to City Council Resolution No. 2023-105;
Whereas, the City and Employee wish to amend the Agreement effective Ju ly 17, 2023.
City Manager Employment Agreement
[As Amended July 17, 2023]
NOW, THEREFORE, in consideration of the faithful performance of the terms and considerations set forth herein, the parties hereto mutually agree as follows:
1. Employment.
a. Effective May 3, 2010, EMPLOYEE shall be employed as City Manager for a term of twelve (12) months, unless mutually agreed to end earlier. This twelve (12) month term shall automatically recommence on the first day of each succeeding month, unless notice of termination is given by the City Council as specified herein. This section is intended to comply with Section 53260, et seq. of the Government Code of the State of California. b. EMPLOYEE shall diligently focus time, ability and attention to City business and fulfill the duties of the City Manager as outlined in the Job Description (https://www.sanpabloca.gov/DocumentCenter/View/11013/City-Manager); San Pablo Municipal Code ( https://www.codepublishing.com/CA/SanPablo/) and State law (including but not limited to California Government Code sections 34851 et seq.). All reports, memorandums and other documents prepared by EMPLOYEE while performing duties under this Agreement shall be furnished to and become the property of CITY. c. Nothing in the Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the service of EMPLOYEE at any time, subject only to the provisions set forth in Section 6 of this Agreement. EMPLOYEE’S service with the CITY is an at-will position which may be terminated for any or no cause by the City Council. d. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the terms of the Agreement. However, EMPLOYEE shall not be precluded from occasional teaching or writing, performed during EMPLOYEE’S time off, or during administrative leave or vacation, with the concurrence and knowledge of City Council.
2. Compensation. EMPLOYEE shall receive the following compensation:
City Manager Employment Agreement
[As Amended July 17, 2023]
a. Salary. Effective July 1, 2023, EMPLOYEE’S annual salary shall be $302,261 with the July 2023 cost-of-living increase previously approved by the City Council in Resolution No. 2022-111 (attached hereto and incorporated as Exhibit A), with payment made twice a month at the same time and manner as other City employees are paid, subject to required or requested withholdings . Cost of Living Adjustments (COLA) automatically provided by automatic renewal of this Agreement and Resolution 2022 -111 in fiscal years 2024-2026 shall not exceed the California Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relati ons, except as provided by further Council action. Further COLA adjustments are at the discretion of the City Council. No further salary is allowed for EMPLOYEE’S service for any other board, commission or agency.
b. Benefits. EMPLOYEE’s benefits are as set forth in Resolution No.2022- 111, and the Schedule of Benefits in Resolution 2022-111 may be revised by majority vote of the City Council. Any benefits set forth specifically in this Agreement supersede those set forth in the attached Exhibit.
c. Performance and Retention Bonuses. Commencing on his anniversary date of May 3, 2015, and every three years thereafter, EMPLOYEE shall receive a bonus payment of $5,000 in addition to base salary, payable 30 -days after his annual ann iversary date of May 3rd, less legally required employment and applicable tax withholdings, contingent upon a satisfactory or greater annual performance evaluations rating by the City Council. For the purposes of this provision, the Council shall prepare a written summary rating sheet for presentation to payroll.
d. Deferred Compensation . Effective April 1, 2022, CITY shall pay annually a contribution of $12,500 to EMPLOYEE’s ICMA/Mission Square 457 deferred City Manager Employment Agreement
[As Amended July 17, 2023]
compensation account, with an additional 0.5% of EMPLOYEE’s annual salary added to the CITY’s annual contribution beginning January 1, 2024, and each January 1st thereafter up to the total maximum annual contribution established by IRS regulations, which is currently $20,500. Such total maximum annual contribution from CITY is not a matching contribution, and does not include any additional “catch -up” payments, including the additional Age 50 Catch-up amount, authorized by IRS regulations. CITY shall not be responsible for any “catch-up” payments, which EMPLOYEE can choose to make. e. Information Technology Allowance . CITY shall pay EMPLOYEE an information technology allowance of $750.00 annually as well as provide a City laptop or PC for home use.
f. Vehicle Allowance. CITY shall pay EMPLOYEE a vehicle allowance of $500 per month.
g. Sick Leave. Upon resignation or termination from CITY employment, except as outlined in Section 6.c., CITY shall pay EMPLOYEE 50% of all accrued sick leave in a lump sum payment or deposit the amount into the EMPLOYEE’s ICMA 457 deferred compensation account, at EMPLOYEE’S option, prior to the effective date of separation from employment. At time of eligible retirement, Employee may convert 100% of accrued sick leave hours earned to retirement service credit in accordance with applicable CalPERS rules and regulations in effect.
3. Business Expenses. CITY agrees to pay for City related business expenses.
Such expenses shall include all direct costs associated with memberships in professional associations and attendance at conferences, including annual memberships with International City Management Association (“ ICMA”) and California City Management Foundation (“CCMF”), within approved Department budget and per diem parameters in the City Manager Employment Agreement
[As Amended July 17, 2023]
City’s Travel Expense Policy. CITY shall also budget and pay for an additional professional development and training program for executive management, including accommodation and travel expenses as a one-time authorized expense not to exceed $20,000 to be expended by August 31, 2023.
4. Code of Ethics. The parties acknowledge that EMPLOYEE is a member of the International City Management Association (“ICMA”). The Parties mutually desire that EMPLOYEE be subject to and comply with the ICMA Code of Ethics, as it may be amended from time to time (Exhibit B). The CITY and the City Council agree that the City Council will not give the EMPLOYEE any order or direction that would require the EMPLOYEE to violate the ICMA Code of Ethics.
5. Performance Evaluation. Performance evaluations are an important way for the City Council and EMPLOYEE to ensure effective communications about expectations and performance. The City Council recognizes that for the EMPLOYEE to respond to its needs and to grow in the performance of the City Manager’s job, the EMPLOYEE needs to know how the City Council Members evaluate the EMPLOYEE’s performance. a. To assure that the EMPLOYEE gets this professional feedback, the City Council shall conduct an evaluation of the EMPLOYEE’s performance at least once every two-year period. The City Council and EMPLOYEE agree that performance evaluations, for the purpose of mid-course corrections, may occur quarterly or several times during each calendar year. The City Council may request a self-evaluation by the EMPLOYEE and evaluations by Executive Staff and direct reports to the City Manager to provide a more comprehensive review.
b. In January of every other year, EMPLOYEE shall notify the Mayor and City Council in writing of the requirement for an evaluati on of his position. The Mayor shall City Manager Employment Agreement
[As Amended July 17, 2023]
then agendize before the Ci ty Council the timing of such evaluation. The EMPLOYEE and City Council will create goals or other outcome measures that will provide the basis for determining next year’s performance. The City Council and EMPLOYEE shall define such goals and performance objectives as they mutually determine are necessary for the proper operation of the CITY for the attainment of the City Council’s policy objectives, and the City Council and EMPLOYEE shall further establish a relative priority among these goals an d performance objectives.
6. Termination. The following provisions apply to any termination of employment by CITY:
a. EEMPLOYEE is an at-will employee who may be terminated for any or no reason. In the event EMPLOYEE is terminated for any reason prior to the expiration of the employment term, except as set fo rth in subsection 6c, CITY shall pay EMPLOYEE a cash payment equivalent to his annual salary as referenced in Section 2, subpart a of this Agreement; provided, however, that such severance payment shall be contingent on EMPLOYEE first executing a release and waiver of all rights to sue the CITY or any city employee or official, which release and waiver shall be drafted by the city attorney.
Termination does not include EMPLOYEE’s retirement, death or incapacity due to injury or illness, or resignation unless subsection (e) below applies. b. CITY shall reimburse EMPLOYEE for the premiums for EMPLOYEE’s medical and dental benefits pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) coverage for the same number of months for which EMPLOYEE is entitled to a lump sum cash payment under subsection 6a, or until EMPLOYEE either secures full - time employment or obtains other health insurance coverage, whichever of these events City Manager Employment Agreement
[As Amended July 17, 2023]
occurs first. EMPLOYEE shall notify CITY within five (5) days of securing new full -time employment or acquiring health insurance coverage.
c. In the event EMPLOYEE is terminated for cause or malfeas ance (meaning an arrest for a felony or crime involving the abuse of office or position as defined in California Government Code section 53243.4 or documented serious violation of the CITY’s harassment policy or other established rule or regulation of CITY ), CITY shall have no obligation to pay the severance, or allow any other benefits set forth in subsections 2c, 2d, 2e, 2g, 6a or 6b.
d. If EMPLOYEE is convicted of a crime involving an abuse of his or her office or position as defined in California Government Code section 53243.4, then EMPLOYEE shall reimburse CITY for any paid leave, criminal defense, or cash settlement as set forth in Article 2.6 of Title 5 of the California Government Code. In addition, CITY shall have no obligation to pay the severance, or allow any other benefits set forth in subsections 2c, 2d, 2e, 2g, 6a or 6b.
e. EMPLOYEE may be removed only by a vote of at least three members of the City Council, and may not be removed from office within 90 days of any general municipal election held in the CITY at which election a member of the Council is elected.
EMPLOYEE waives the protections of Sections 2.04.310 through 2.04.360 of the San Pablo Municipal Code except as specifically set forth in this Agreement. f. In the event that the City C ouncil formally asks the City Manager to resign, then EMPLOYEE shall be entitled to resign, and still receive the severance benefits subject to section 6.d above , provided EMPLOYEE agrees to the release and waiver requirements of all rights to sue to the CITY or any city employee of official, as provided in subsection 6a above.
City Manager Employment Agreement
[As Amended July 17, 2023]
7. Resignation. If EMPLOYEE voluntarily resigns from the position of City Manager, EMPLOYEE will provide CITY with a minimum of thirty (30) days written notice.
During the period subs equent to the Notice of Resignation , EMPLOYEE, shall continue to discharge duties as City Manager.
8. Notices. Any notices required by this Agreement shall be either given in person or by first class mail with the postage prepaid and addressed as follows:
CITY: Mayor
City of San Pablo
1000 Gateway Avenue
San Pablo, CA 94806
EMPLOYEE: Raymond M. Rodriguez
At his then-current address on file with CITY.
9. Indemnification. EMPLOYEE shall be considered and treated as an employee of the City. CITY shall defend, indemnify, and hold EMPLOYEE harmless for any acts and omissions arising out of or connected in any way with EMPLOYEE’S performance of job duties, and Government Code section 825 shall specifically be deemed applicable. City may conduct such defense reserving the rights of City not to pay the judgment, compromise or settlement until it is established that the injury arose out of the act or omission occurring with the scope of EMPLOYEE’s employment with the CITY. CITY is required to pay the judgment, compromise or settlement only it if established that the injury arose out of act or omission occurring in the scope of EMPLOYEE’S employment as an employee of CITY.
Nothing in this Agreement authorizes or obligates CITY to pay that part of any clam or judgment that is for punitive or exemplary damages, which may only be authorized pursuant to Government Code section 825 et seq.
City Manager Employment Agreement
[As Amended July 17, 2023]
10. Miscellaneous Provisions.
a. This Agreement contains the entire agreement between the parties hereto.
No promise, representation, warranty, or covenant not included in the agreement has been or is relied on by any party hereto. If any sections, subsections, sentences, clauses, phrases or portions of this Agreement are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares it would have passed this and each section, subsection, phrase or clause of this Agreement whether or not any one or more sections, subsections, phrases or clauses may be declared invalid or unconstitutional on their face or as applied. b. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement. c. This Agreement shall be binding upon and inure, where applicable, to the benefit of the heirs at law and executor of EMPLOYEE.
d. This Agreement shall not be assigned or subcontracted by either party without the consent of the other party. Consent may be denied for any reason or no reason at all.
e. Should any provision, section, or subsection of this Agreement be declared invalid or unenforceable by any court of competent jurisdiction, such ruling shall not affect any other provision hereof, and the unaffected provisions shall remain in full force and effect. f. This Agreement may be amended only in writing.
City Manager Employment Agreement
[As Amended July 17, 2023]
g. This Agreement shall be governed by the laws of the State of California with venue for any action in state court in Contra Costa County, unless the parties agree otherwise.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
DATED:______________, 2023 ____________________________________ Raymond M. Rodriguez
DATED: ______________, 2023 CITY OF SAN PABLO
A general law city
BY: _____________________________
Abel Pineda, Mayor
APPROVED AS TO FORM:
BY:________________________________
Teresa L. Stricker, City Attorney
ATTEST:
BY: _____________________________
Dorothy Gantt, City Clerk
Attachments:
Exhibit A – Resolution 2022-111
Exhibit B – ICMA Code of Ethics
EXHEIBIT A
EXHIBIT B