2013/02/26 City Council Resolution 2013-031RESOLUTION NO. 2013-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING ASSISTANT CITY MANAGER
EMPLOYMENT AGREEMENT
WHEREAS, the City Council wishes to enter into an Employment Agreement with
Darrin Jenkins to perform the duties of Assistant City Manager in consideration of and subject to
the terms, conditions, and benefits set forth in the Employment Agreement;
WHEREAS, the City Manager, as the appointing authority, has determined that Darrin
Jenkins possesses the skills and expertise necessary to perform these services;
WHEREAS, Darrin Jenkins desires to serve as Assistant City Manager of the City of
Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in the
Employment Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Council authorizes and approves the attached Assistant City Manager
Employment Agreement between the City of Rohnert Park and Darrin Jenkins.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 26`h day of February, 2013.
ag
QoHNERT P;
ATTEST:
Jo nne Buergler City C erk
CITY OF ROHNERT PARK
Pam Stafford Mayor
Attachment: Employment Agreement and Staff Report from 11 -27 -12 City Council Meeting
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EMPLOYMENT AGREEMENT
between
CITY OF ROHNERT PARK AND DARRIN JENKINS
THIS AGREEMENT between the CITY OF ROHNERT PARK ( "City ") and
DARRIN JENKINS ( "Employee ") is dated for reference purposes this day of February,
2013 and is deemed effective January 16, 2013 ( "Effective Date ").
RECITALS
WHEREAS, City desires to retain the services of Employee to serve as the Assistant
City Manager in consideration of and subject to the terms, conditions, and benefits set forth in
this Agreement;
WHEREAS, Employee desires to serve as Assistant City Manager of the City of
Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in
this Agreement;
WHEREAS, Employee has the necessary education, experience, skills and expertise to
serve as the Assistant City Manager;
WHEREAS, the City Manager, as appointing power, and Employee desire to agree in
writing to the terms and conditions of Employee's employment;
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. DUTIES.
(a) City agrees to employ Employee as Assistant City Manager of the City of
Rohnert Park to perform the functions and duties specified in state and federal law, the
Municipal Code, and the ordinance and resolutions of City, and to perform other legally
permissible and proper duties and functions as City Manager may from time to time assign.
(b) Employee 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 City.
(c) Employee shall not engage in any activity, which is or may become a conflict
of interest, prohibited contract, or which may create an incompatibility of office as defined
under California law. Prior to performing any services under this Agreement and annually
thereafter, Employee must complete disclosure forms required by law.
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2. TERM.
(a) The term of this Agreement shall be from the Effective Date until terminated
by either party in accordance with the provisions set forth in Paragraph 3 or by the event of
the death or permanent disability of Employee.
3. RESIGNATION AND TERMINATION.
(a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of Employee to resign at any time from his position as City's Assistant City Manager.
Employee may terminate this Agreement by submitting written notice of his resignation to
City. Employee shall give the City thirty (30) days written notice of his intention to resign.
(b) Employee is an "at will" employee who serves at the pleasure of the City
Manager and nothing herein shall be taken to prevent, limit or otherwise interfere with the
right of the City Manager to terminate the services of Employee as Assistant City Manager
with or without cause at any time. There is no express or implied promise made to Employee
for any form of continued employment. Further, nothing in this Agreement is intended to, or
does, confer upon Employee any due process right to a hearing or other administrative
process pertaining to termination, before or after a decision by the City to terminate his
employment, unless Employee is entitled to a name clearing hearing under California or
federal law. No terms of this Agreement may be altered without an express written document
signed by the Employee and City Manager and approved by the City Council.
(c) Employee may be terminated for cause at any time by providing Employee
written notice of his termination for cause. Termination for cause means termination based
upon a breach of any of the terms of this Agreement, malfeasance of any nature occurring
during the course and scope of the Employee's duties as Assistant City Manager; or a
conviction, plea bargain, or personal adverse State or federal determination against Employee
individually involving any felony, intentional tort, crime of moral turpitude, violation of
statute or law constituting forfeiture of office, misconduct in office for personal gain, misuse
of public funds for personal benefit, conflict of interest resulting in conviction, or any other
incompatible activity or conflict of interest listed in Section 7 of City Personnel Rules and
Regulations.
(d) Severance Benefits.
(1) In the event Employee is terminated from employment without cause
while still willing and able to perform his duties under this Agreement, then
City agrees to pay Employee a lump sum cash payment equal to six (6)
months of his base monthly compensation. In addition, City shall extend to
Employee the right to continue health insurance as may be required by and
pursuant to the terms and conditions of the Consolidated Omnibus Budget
Act of 1986 (COBRA).
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(2) In the event Employee is terminated for cause, Employee shall be entitled
to only the compensation earned and accrued and such other termination
benefits and payments as may be required by law. Employee shall not be
entitled to any severance benefits.
4. COMPENSATION AND BENEFITS.
(a) City agrees to pay Employee for his services rendered pursuant hereto as
Assistant City Manager a gross monthly salary of twelve thousand nine hundred fifty -four
dollars ($12,954) payable in installments at the same time as other employees of the City are
paid and subject to all applicable payroll taxes and withholdings. City agrees that the gross
monthly salary of the Assistant City Manager will be at minimum ten percent (10 %) greater
than the gross monthly salary of any member of the Management Unit or any executive
management employee (defined as department heads and exempt management employee
assigned to the Office of City Manager with the exception of the Public Safety Director). The
position of Assistant City Manager is exempt under the Fair Labor Standards Act and,
therefore, no overtime pay will be paid to Employee based on hours worked.
(b) In accordance with City policy, City Manager will review and evaluate
performance of Employee as Assistant City Manager once each year. During this annual
review, City agrees to consider all possible merit based increases.
(c) Employee shall be entitled to all benefits, rights, and privileges accorded to the
non - public safety Management Unit except as otherwise provided in this Agreement. If there
is any conflict between this Agreement and any resolution fixing compensation and benefits
for non - public safety City Department Directors or other unclassified employees, this
Agreement shall control. Leave accrual rates shall be based on Employee's original hire date
of October 6, 2003 and all accrued leaves of absence earned by Employee in his prior position
with City shall be carried over to his employment as Assistant City Manager on an hour -for-
hour basis.
(d) Employee shall continue to be included in the City's Miscellaneous Plan with
the California Public Employees' Retirement System ( "Ca1PERS ") at the 2.7% at age 55
benefit level.
(e) City has determined and warrants that Employee is a "current" or "classic"
employee and not a "new" employee as those terms are used and defined in the California
Pension Reform Act (Gov. Code §§ 7522 et seq.), Effective January 1, 2013, and subsequent
Ca1PERS implementing regulations.
(f) Employee is subject to City Personnel Rules and Regulations as an Executive
Management Employee and is exempt from specific rules and regulations as set forth in
Section 1, subsection (C) of the Personnel Rules, as amended or supplemented from time to
time.
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(g) Employee is exempt from the City's Grievance Policy and Procedure as set
forth in Resolution No. 79 -22 and incorporated by reference into the Management Unit
Outline and City Personnel Rules and Regulations.
City shall provide Employee with a cell phone and any other equipment deemed appropriate
by the City Manager.
(h) Employee shall be provided a monthly automobile allowance of $390.30 in
exchange for making a vehicle available for the Employee's own use and for City - related
business and/or functions during, before and after normal work hours. On July 1 of each year,
the automobile allowance shall be adjusted by an amount to be determined by the Bureau of
Labor Statistics San Francisco - Oakland -San Jose, CA — Urban Wage Workers and Clerical
Workers Consumer Price Index (CPI). The amount of the adjustment will be based upon the
change in the CPI from April of the year prior to April of the current year. By Employee
making Employee's personal automobile available for use, Employee is not precluded from
using City vehicles for City business during, before, and after the normal workday on
occasion, when appropriate.
(i) If available and budgeted, City will provide up to three thousand dollars
($3,000) per fiscal year for Employee's professional development expenses. Use of these
dollars shall be subject to the prior approval of the City Manager.
5. INDEMNIFICATION.
In accordance with the terms, conditions, and limitations of the Government
claims Act (Gov't Code §§ 810 et seq.), City shall defend, save 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 as Assistant City Manager. Based on its sole discretion, the
City will determine whether to compromise and settle any such claim or suit and the amount
of any settlement or judgment rendered thereon. Said indemnification shall extend beyond
termination of employment, and the otherwise expiration of this Agreement for any acts
undertaken or his capacity as Assistant City Manager, regardless of whether the notice of
filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or
following Employee's employment with City as Assistant City Manager.
6. CONFLICT OF INTEREST PROHIBITION.
Employee represents and warrants to City that, to the best of his knowledge, he
presently has no interest, and represents that he will not acquire any interest, direct or indirect,
financial or otherwise, which would conflict in any manner or interfere in any way with the
performance of his duties under this Agreement.
7. CONFIDENTIAL INFORMATION.
"Confidential Information" is all non - public information pertaining to the business of
City (or any City affiliate), its employees, clients, consultants, or business associates, which
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was produced by any employee of City in the course of his/her employment or otherwise
produced or acquired by or on behalf of City. Confidential Information shall include, without
limitation, proprietary information such as trade secrets, confidential financial data and
formulae, attorney client - privileged information, confidential licensing information, software
and other computer programs, copyrightable material, and other information exempt from
production under the California Public Records Act and /or the Freedom of Information Act.
During his employment by City, Employee shall disclose Confidential Information only for
the benefit of City and as may be necessary to perform his job responsibilities under this
Agreement. Following termination, Employee shall not disclose any Confidential Information,
except with the express written consent of City. Employee's obligations under this Section
shall survive the termination of his employment and the expiration of this Agreement.
8. OTHER TERMS AND CONDITION OF EMPLOYMENT.
The City Manager may fix any other terms and conditions of employment, as
he or she may determine from time to time, relating to the performance of Employee,
provided such terms and conditions are not inconsistent with provisions of this Agreement or
law. Any changes to the terms and conditions of employment will not be effective without a
writing signed by the City Manager and Employee, and approved by the City Council.
9. GENERAL EXPENSES.
City recognizes and agrees to pay and/or reimburse Employee for reasonable
and necessary travel, subsistence and other business expenses incurred by Employee in the
performance of his duties with prior approval by the City Manager.
10. NOTICES.
Any notices required by this Agreement shall be in writing and either given in
person or by first class mail with postage prepaid and addressed as follows:
TO CITY: City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA94928
TO EMPLOYEE: Darrin Jenkins
Home Address on File with Human Resources
11. ATTORNEY'S FEES.
In the event of any mediation, arbitration or litigation to enforce any of the
provisions of this Agreement, each party shall bear its own attorney's fees and costs.
12. ENTIRE AGREEMENT.
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This Agreement is the final expression of the complete agreement of the parties
with respect to the matters specified herein and supersedes all prior oral or written
understandings, and it may not be contradicted by evidence of any prior or contemporaneous
statements or agreements. Except as prescribed herein, this Agreement cannot be modified
except by written mutual agreement signed by both parties and approved by the City Council.
To the extent that the practices, policies, or procedures of City, now or in the future, apply to
Employee, and are inconsistent with the terms of this Agreement, the provisions of this
Agreement shall control.
13. ASSIGNMENT.
This Agreement is not assignable by either City or Employee.
14. SEVERABILITY.
In the event that any provision of this Agreement is finally held or determined
to be illegal or void by a court having jurisdiction over the parties, the remainder of the
Agreement shall remain in full force and effect t unless the parts found to be void are wholly
inseparable from the remaining portion of the Agreement.
15. PROVISIONS THAT SURVIVE TERMINATION.
Many sections of this Agreement are intended by their terms to survive the
Assistant City Manager's termination of employment with the City, including but not limited
to Sections 3(d) and 5. These sections, and the others so intended, shall survive termination of
employment and termination of this Agreement.
16. JURISDICTION AND VENUE.
This Agreement shall be construed in accordance with the laws of the State of
California, and the Parties agree that venue shall be in Sonoma County, California.
17. NO WAIVER OF DEFAULT.
The failure of any party to enforce against another party any 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.
18. EFFECTIVE DATE.
This Agreement shall be deemed effective on the Effective Date.
19. ACKNOWLEDGMENT.
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Employee acknowledges that he has had the opportunity to consult legal counsel in
regard to this Agreement, that he read and understands this Agreement, that he is fully aware
of its legal effect, and that he has entered into it freely and voluntarily and based on his
judgment and not on any representations or promises other than those contained in this
Agreement.
IN WITNESS WHEREOF, the City has caused the Agreement to be signed and
executed on its behalf by its City Manager. It has also been executed by Employee on the date
first above written.
Attest:
LI-A
JoAnne Buergler
City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon
City Attorney
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CITY OF ROHNERT PARK
Gabriel Gonzalez
City Manager
Per Resolution No. 2013 -031 adopted by
the Rohnert Park City Council on
February 26, 2013.
EMPLOYEE
Darrin Jenkins