Betsy Adams-2009-23EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 1 st day of December, 2009 by
and between the City of Grand Terrace, a municipal corporation, hereinafter referred to
as "City", and Betsy M. Adams, an individual, hereinafter referred to as "Employee".
WITNESSETH:
WHEREAS, it is the desire of the City Council of the City to retain the services of
Employee as City Manager; and
WHEREAS, it is the desire of the City Council of the City to; (1) provide
inducement for Employee to remain in the City's employment; (2) make possible full
work productivity by assuring Employee's morale and peace of mind with respect to
future security; and (3) provide an equitable means for terminating Employee's services;
NOW THEREFORE, for and in consideration of the mutual promises, covenants,
and conditions contained herein, the parties hereto agree as follows:
1.DUTIES:
City hereby agrees to employ Employee as City Manager of the City of
Grand Terrace to perform the functions and duties specified in the Municipal Code, and
to perform other legally permissible and proper duties and functions as the City Council
shall from time to time assign.
2.TERM:
A.The term of this Agreement shall be for four (4) years, subject only
to the resignation, termination, and severance provisions of this Agreement. Employee
agrees to remain in the exclusive employment of City throughout the term of this
Agreement, and shall not accept other employment nor to become employed by any
other employer during the period of this Agreement.
B.Nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of the City Manager to resign at any time from the position with the City,
subject only to the provisions set forth in Section 3, paragraph C of this Agreement.
C.Notwithstanding the above, it is also understood and agreed that
the Employee shall be retained a minimum of three (3) months following any change on
the City Council, thereby allowing the new City Council adequate time to assess the
Employee's performance. If Employee is to be terminated at the end of this three (3)
month period, the provisions of Section 2, paragraph A, and Section 3, paragraph A
shall apply effective at the end of the three (3) month period.
3. TERMINATION AND SEVERANCE PAY:
A.In the event Employee is terminated by City, without cause, City
agrees to pay Employee, in addition to any other amounts that may be due Employee at
the time of separation of employment, the salary and benefits as set forth herein for a
period of six (6) months following the effective date of such termination paid in a lump
sum.
B.In the event Employee is terminated for cause based upon any
ground or grounds, as more specifically set forth in Exhibit "A" attached hereto, then, in
that event, the City shall not be obligated to pay the terminating cash payment
designated in this section.
C.In the event Employee voluntarily resigns as City Manager,
Employee shall give City at least forty-five (45) days prior written notice of the intention
to resign.
4. COMPENSATION:
In consideration of the performance of the duties and functions as outline
herein, Employee shall receive the sum of one hundred and eighty-five thousand dollars
($185,000) per year payable at the time and in the manner and subject to adjustments
as provided for all other executive management personnel of the City. City shall pay
one-hundred percent (100%) of the associated PERS contribution.
In addition, City agrees to increase Employee's base salary and/or other
benefits in such amounts and to such extent as the City Council provides said increases
and made at the same time as given other executive management employees.
Employee shall be entitled to the following benefits in addition to the
compensation outlined above:
A.Automobile Allowance.
The City shall provide an automobile allowance of five hundred dollars
($500.00) per month.
B.Additional Benefits.
Employee shall be entitled to all benefits to which other executive
management employees of the City are entitled, which include employee-only group
health insurance, a term life insurance policy in an amount $15,000, and contribution of
2
the maximum annual amount into a deferred compensation plan of Employee's choice.
Vacation leave and sick leave shall accrue at the maximum for other City employees.
Employee shall be entitled to eighty (80) hours of administrative leave, annually, on a
calendar year basis, which may not be accrued beyond the year granted.
5. PERFORMANCE EVALUATION:
A.Upon the execution of this Agreement by both parties, the City
Council shall schedule the time and allocate the funds necessary to develop a plan
which lists the goals, expectations and objectives for the Employee and the City Council
during the first twelve months of employment. This plan will serve as a basis for the
Manager's performance evaluation at twelve months after the effective date of this
Agreement. The form and extent of the evaluation will be determined by the City Council
and the Employee prior to the first twelve month evaluation.
B.Annually, thereafter, prior to the beginning of the budget process,
the City Council and Employee shall define and prioritize their goals and performance
objectives for the coming year and determine which are necessary for the proper
operation of the City and attainment of the City Council's policy objectives. Once
identified, such goals and objectives shall serve as the basis for the Employee's annual
evaluation in the form and to the extent determined jointly by the parties.
6. HOURS OF WORK:
It is recognized that Employee must devote a great deal of time outside
the normal office hour pertaining to the City business and, to that end, Employee shall
be allowed to take compensatory time off as the Employee shall deem appropriate
during said normal office hours.
7 INDEMNIFICATION:
City shall defend, hold harmless, and indemnify Employee against any
tort, professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of
Employee's duties in accordance with the provisions of California Government Code
825. City may compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered therefrom.
8.BONDING:
City shall bear the full cost of any fidelity or other bonds required of
Employee under any law or ordinance.
9.OTHER TERMS AND CONDITIONS OF EMPLOYMENT:
3
A.The City Council, in consultation with Employee, shall fix any such
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, the Municipal Code,
or any other law.
B.All provisions of the Municipal Code, and regulations and rules of
City relating to vacation and sick leave, retirement and pension system contributions,
holidays and other fringe benefits and working conditions as they now exist or hereafter
may be amended, also shall apply to Employee as they would executive management
employees of City in addition to said benefits enumerated specifically for the benefit of
Employee except as herein provided.
C.Such other benefits as the City Council may authorize in the future
will be amended to this Agreement.
10.NO REDUCTION OF BENEFITS:
City shall not at any time during the term of this Agreement reduce the
base salary, compensation, or other financial benefits of Employee, except to the
degree that such a reduction is across-the-board for all executive management
employees of City without subjecting such action to be deemed a termination at
Employee's option.
11.NOTICES:
Any notice required or permitted by this Agreement shall be in writing and
shall be personally served or shall be sufficiently given and deemed served upon the
other party if sent by United States Postal Service, postage prepaid, and addressed as
follows:
TO CITY: City of Grand Terrace
22795 Barton Road
Grand Terrace, California 92324
Atten: City Clerk
TO EMPLOYEE: Betsy M. Adams
1610 S. Wabash Avenue
Redlands, California 92373
4
Notices shall be deemed given as of the date of personal service or upon deposit in the
course of transmission with the United States Postal Service.
12. GENERAL PROVISIONS:
A.The text herein shall constitute the entire Agreement between the
parties.
B.This Agreement shall be binding upon and inure to the benefit of
the heirs at law and executors of Employee with respect to salary benefits or other
payments due employee at the time of death.
C.This Agreement shall become effective upon execution.
D.Employee acknowledges that Employee has had the opportunity
and has conducted an independent review of the financial and legal effects of this
Agreement. Employee acknowledges that Employee has made an independent
judgment upon the financial and legal effects of this Agreement and had not relied
upon any representations of the City, its officers, agents, or employees, other than
those expressly set forth herein
E.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.
5
CITY OF, GRAND TERRACE, a municipal corporation
By'
a Ferre, Mayor
IN WITNESS WHEREOF, the City has caused the Agreement to be signed and
duly executed on its behalf by its Mayor, and duly attested by its City Clerk, and
Employee has signed and executed this Agreement, in triplicate, the day and first year
above written.
ATTEST:
Brenda Mesa, City Clerk
By: 4 B y M. dams, Employee
APPROVED AS TO FORM:
John R. Harper, Qity attorney
6
EXHIBIT "A"
GROUNDS FOR TERMINATION
1 Misfeasance or malfeasance in office.
2.Conviction of a felonious crime.
3.Willful breach or habitual neglect of duties agreed to under this Agreement, after
receipt of written notice of the specific improvements required to correct the
performance deficiencies.
4.Refusal to follow the reasonable directives of the City Council, after receipt of
written notice of the directives to be followed.
5.Willful violation of written rules and policies of the City, after receipt of written
notice of the corrections required.
6.Conviction of a clearly dishonest act toward the City, such as fraud,
misappropriation or embezzlement.
7