2014/10/14 City Council Resolution 2014-120RESOLUTION NO. 2014 -120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK AND MARILYN PONTON FOR DEVELOPMENT SERVICES
DIRECTOR SERVICES
WHEREAS, the City requires the services of a Director of Development Services;
WHEREAS, Employee desires to serve as Director of Development Services 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 City's Director of Development Services; and
WHEREAS, the City Manager, as appointing power, and Employee desire to agree in writing
to the terms and conditions of Employee's employment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
that the City Council authorizes and approves the 2014 Employment Agreement between the City of
Rohnert Park and Marilyn Ponton for Director of Development Safety services in substantially the
same form attached hereto as Exhibit "A" and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute
the 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
14th day of October, 2014.
ATTEST:
1_ Anne Anne M. . uergler, City . erk
RO H.N R'�1 P 1<
Joseph . Callihan, Mayor
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Exhibit A
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND MARILYN PONTON
THIS AGREEMENT between the CITY OF ROHNERT PARK ( "City ") and Marilyn Ponton
( "Employee ") is dated for reference purposes as of October 14, 2014, and is deemed effective as of that
date.
RECITALS
WHEREAS, the City requires the services of a Director of Development Services;
WHEREAS, Employee desires to serve as Director of Development Services 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 City's Director of Development Services; and
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:
DUTIES.
(a) City agrees to employ Employee as Director of Development Services of the City of Rohnert
Park to perform the functions and duties specified in the City of Rohnert Park Job Description for the
Director of Development Services position, attached hereto as Exhibit A, and to perform other legally
permissible and proper duties and functions as City Manager may from time to time assign.
(b) Employee shall perform her duties to the best of her 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.
2. HOURS OF WORK.
The Director of Development Services is an exempt employee but is expected to engage in those
hours of work that are necessary to fulfill the obligations of the Director position. The Director of
Development Services is expected to work customary business hours.
Marilyn Ponton, 2014 Employment Agreement Exhibit A
City of Rohnert Park
3. TERM.
The term of this Agreement shall be five (5) years from the date of adoption specified or until
terminated by either party in accordance with the provisions set forth in this agreement or by the event
of the death or permanent disability of Employee.
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 her position as City's Director of Development Services.
Employee may terminate this Agreement by submitting written notice of her resignation to City.
Employee shall give the City thirty (30) days written notice of her 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 Director of Development Services 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 her 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 her 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 Director of Development Services; 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 her duties under this Agreement, then City agrees to pay Employee a lump sum cash
payment equal to three (3) months of base salary.
(2) 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).
(3) 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.
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Marilyn Ponton, 2014 Employment Agreement Exhibit A
City of Rohnert Park
5. COMPENSATION AND BENEFITS.
(a) City agrees to pay Employee for her services rendered pursuant hereto as Director of
Development Services Director a gross monthly salary of $1 1,364 payable in bi- weekly installments at
the same time as other employees of the City are paid and subject to all applicable payroll taxes and
withholdings. The position of Director of Development Services 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 Director of Development Services once each year. During this annual review, City agrees
to consider all possible merit based increases.
(c) Employee shall be entitled to the following salary adjustments provided to the non - public
safety Management Unit in accordance with the Outline of Certain Conditions of Employment, Fringe
Benefits, and Salary for the Management Unit ( "Management Unit Outline ") (Effective July 1, 2014 —
June 30, 2017): three percent (3 %) non - pensionable on July 1, 2015 and three percent (3 %) pensionable
on July 1, 2016.
(d) Employee shall be entitled to all benefits, rights, and privileges accorded to the non-
public safety Management Unit in the Management Unit Outline 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.
(e) Employee shall be included in the City's Miscellaneous Plan with the California Public
Employees' Retirement System ( "Ca1PERS ") at the two point seven percent (2.7 %) at fifty -five (55),
single highest year program.
(f) If available and budgeted, City will provide up to three thousand dollars ($3,000.00) per
fiscal year for Employee's professional development expenses. Use of these dollars shall be subject to
the prior approval of the City Manager.
(g) 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. 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.
(h) In the event Employee is called upon after cessation of employment with City for witness
depositions, file preparation, interviews for lawsuits or any actions requiring call back, Employee shall
be paid one hundred dollars ($100) per hour plus travel and accommodation costs for time spent on such
actions.
(i) In the event Employee is terminated or separates from employment with City, the City
agrees to limit the employment information provided to a prospective employer to dates of employment,
list of positions held with the City and salary. The City Manager or Director of Human Resources shall
respond to any formal requests for employment information made by prospective employer. However,
Employee is responsible for referring prospective employer to address any employment inquiries or
referrals to the City Manager or Director of Human Resources directly.
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Marilyn Ponton, 2014 Employment Agreement Exhibit A
City of Rohnert Park
6. 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 Director of
Development Services, Interim Director of Development Services, Development Services Manager, and
Planning and Building Manager during her employment with the City of Rohnert Park. 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 in
her capacity as Director of Development Services, Development Services Manager, Interim Director of
Development Services and Planning and Building 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.
7. CONFLICT OF INTEREST PROHIBITION.
Employee represents and warrants to City that, to the best of her knowledge, she presently has no
interest, and represents that she 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 her duties under
this Agreement.
8. 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 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 her employment by City, Employee shall disclose Confidential
Information only for the benefit of City and as may be necessary to perform her 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 her employment and the expiration of this Agreement.
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 her 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:
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Marilyn Ponton, 2014 Employment Agreement Exhibit A
City of Rohnert Park
TO CITY: City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
TO EMPLOYEE: Marilyn Ponton
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.
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 termination of
employment with the City, including but not limited to Sections 6 and 8. 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.
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Marilyn Ponton, 2014 Employment Agreement Exhibit A
City of Rohnert Park
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 October 14, 2014.
19. ACKNOWLEDGMENT.
Employee acknowledges that she has had the opportunity to consult legal counsel in regard to
this Agreement, that she read and understands this Agreement, that she is fully aware of its legal effect,
and that she has entered into it freely and voluntarily and based on her 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.
CITY OF ROHNERT PARK
By:
Darrin Jenkins,
City Manager
EMPLOYEE
By:
Marilyn Ponton
Per Resolution Number 2014 -
adopted by City Council on October 14, 2014.
Approved as to form:
Michelle Marchetta Kenyon
City Attorney
Attest
City Clerk
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