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HomeMy WebLinkAbout2017 CON Angil Morris-Jones - City Attorney Employment AgreementEMPLOYMENT AGREEMENT City Attorney City of National City California 2017 EMPLOYMENT AGREEMENT CITY ATTORNEY TABLE OF CONTENTS Page Introduction 1 Section 1 Term 1 Section 2 Duties and Authority 1 Section 3 Compensation 1 Section 4 Health, Disability and Life Insurance Benefits 1 Section 5 Vacation, Sick and Military Leave 1 Section 6 Retirement 2 Section 7 General Business Expenses 2 Section 8 Termination 2 Section 9 Severance 3 Section 10 Resignation 3 Section 11 Performance Evaluation 3 Section 12 Hours of Work 3 Section 13 Outside Activities 4 Section 14 Moving and Relocation Expenses 4 Section 15 Indemnification 4 Section 16 Bonding 5 Section 17 Other Terms and Conditions of Employment 5 Section 18 Notices 5 Section 19 General Provisions 5 -i- EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 18th day of April, 2017, by and between the City of National City, a municipal corporation, (hereinafter called the "Employer") and Angil Morris -Jones (hereinafter called the "Employee") an individual who has education, training and experience in legal issues involving local government, and who is a member in good standing of the State Bar of California, both of whom agree as follows: Section 1 Term. This Agreement shall remain in full force in effect for a period of three (3) years from May 1, 2017, through April 30, 2020, unless sooner terminated by the Employer or Employee as provided in Section 8, 9 or 10 of this Agreement. Section 2 Duties and Authority. Employer agrees to employ Angil Morris -Jones as City Attorney, on an at -will basis, to perform the functions and duties specified in the National City Municipal Code and the California Government Code, and to perform other legally permissible and proper duties and functions, commencing on May 1, 2017. Section 3 Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of two hundred thousand dollars ($200,000), payable in installments at the same time that the other executive employees of the Employer are paid. B. This Agreement shall be re -opened to discuss compensation and benefits if, and at the time, managers, or executives receive any increase in compensation or benefits. C. Consideration shall be given on an annual basis to increase salary, based upon increases in the Consumer Price Index ("CPI"), as that term is defined at Government Code section 3511.1(b). Any increase in salary shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 11 of this Agreement. Section 4 Health, Disability, and Life Insurance Benefits. A. The Employer agrees to provide Employee a cafeteria health benefit of $1200.00 per month. B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee. C. The Employer shall pay the amount of premium due for term life insurance in the amount of $150,000. The Employee shall name the beneficiary of the life insurance policy. Section 5 Vacation, Sick and Military Leave. A. The Employee shall accrue sick leave, vacation leave, and other paid leave on an annual basis at the rate provided to Executive employees, provided that the Employee will accrue vacation leave at the rate of 10 hours per month (120 hours per year) during the first two years of this Agreement, and at the rate of 13.33 hours per month (160 hours per year) beginning on the third anniversary of this Agreement. Further, the Employee will begin employment with 80 hours of vacation leave vested, and with 80 hours of sick leave vested. April 2017 2 Employment Agreement — Angil Morris -Jones City Attorney B. The Employee is entitled to accrue all unused vacation and sick leave, without limit, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all unused vacation and sick leave in accordance with the Employer's customary practice for Executive Employees. C. The Employee shall be entitled to military reserve leave time pursuant to state law and City policy. Section 6 Retirement. The Employer agrees to enroll the Employee into the California Public Employees' Retirement System (CalPERS) and to make all the appropriate contributions on the Employee's behalf, for the required Employer share. Employee shall pay the entire employee share, as determined by CalPERS. Section 7 General Business Expenses. 1. The Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. 2. The Employer agrees to budget for and to pay for travel and subsistence expenses of the Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of the Employee and to pursue necessary official functions for the Employer, including but not limited to the League of California Cities, and such other national, regional, state and local governmental groups and committees in which the Employee serves as a member. 3. The Employer also agrees to budget for and to pay for travel and subsistence expenses of the Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. 4. The Employer recognizes that certain expenses of a non -personal but job -related nature are incurred by the Employee, and agrees to reimburse or to pay said general expenses. The Finance Director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 5. The Employer acknowledges the value of having the Employee participate and be directly involved in local civic clubs or organizations. Accordingly, the Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. 6. The Employer shall provide the Employee with a computer, software, and cell phone required for the Employee to perform the job and to maintain communication. Section 8 Termination. For the purpose of this Agreement, termination shall occur when: 1. The majority of the Employer's City Council votes to terminate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature act to amend any provisions of the state or local law pertaining to the role, powers, duties, authority, and responsibilities of the Employee's April 2017 3 Employment Agreement — Angil Morris -Jones City Attorney position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employer reduces the base salary, compensation or any other financial benefits of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this Agreement and will be regarded as a termination. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of suggestion. 5. Breach of contract declared by either party with a 30 day cure period for either the Employee or the Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 18. Section 9 Severance. The Employee is an at -will employee, serving at the pleasure of the Employer's City Council. This Agreement, and the Employee's employment with the Employer, may be terminated with or without cause by the Employer's City Council. In the event the Employee is terminated for cause, or voluntarily resigns her position with the Employer, then the Employee shall not be entitled to the payment of Severance by the Employer. In the event the Employee is terminated by the Employer other than for cause, and during such time that the Employee is willing and able to perform his duties under this Agreement, then the Employer agrees to pay Severance equal to one-half year's base salary at the current rate of pay. This Severance shall be paid in one lump sum unless otherwise agreed to by the Employer and the Employee. This severance shall include the Employee's continued participation in the Employer's health care plan for a period of six months after her separation from City Employment. The value of the City's contribution to the cost of health care shall not exceed the established contribution for Executive employees as of the date of the Employee's separation. In the event of Severance, the Employee shall also be compensated for all accrued sick and vacation leave. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay Severance under this section. If the Employee is convicted of a crime involving an abuse of office or position, then regardless of the term of this Agreement, if the Employee is terminated, any cash settlement, including severance, related to the termination received by the Employee from the Employer shall be fully reimbursed to the Employer. Section 10 Resignation. In the event that the Employee voluntarily resigns her position with the Employer, the Employee shall provide a minimum of 30 days' notice unless the parties agree otherwise. Section 11 Performance Evaluation. The Employer may annually review the performance of the Employee in the Employee's anniversary month subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum may include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written April 2017 4 Employment Agreement — Angil Morris -Jones City Attorney evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 12 Hours of Work. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule, compatible with the normal business hours of the City of National City. Section 13 Outside Activities. The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may, upon completion of two (2) years of employment, elect to accept limited teaching, consulting or other business opportunities, and to pursue further education, with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with her responsibilities under this Agreement. Section 14 Moving and Relocation Expenses. The Employer shall reimburse the Employee for the cost of moving the Employee's household from its current location, said cost to be based on the lowest of three moving cost estimates furnished to the Employer by the Employee. Section 15 Indemnification. In accordance with federal, state or local law, the Employer shall defend, save harmless and indemnify the 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 course and scope of the performance of the Employee's duties as City Attorney, or resulting from the exercise of judgment or discretion in connection with the course and scope of performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. In such cases, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at the Employer's expense and the Employer may not unreasonably withhold approval. Legal representation provided by the Employer for the Employee shall extend until a final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify the Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other reasonable costs and expenses of legal proceedings, including attorney's fees and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit or proceeding, actual or threatened, arising out of or in connection with the performance of the Employee in the course and scope of her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. The Employee recognizes the Employer shall have the right to compromise and settle any claim or suit. Further, the Employer agrees to pay all reasonable litigation expenses of the Employee throughout the pendency of any litigation to which the Employee is a party, witness, April 2017 5 Employment Agreement — Angil Morris -Jones City Attorney or advisor to the Employer. Such expense payments shall continue beyond the Employee's service to the Employer as long as litigation is pending. Further, the Employer agrees to pay the Employee reasonable consulting fees and travel expenses when the Employee serves as a witness, advisor, or consultant to the Employer regarding pending litigation. If the Employee is convicted of a crime involving an abuse of her office or position, as defined in Government Code section 53243.4, then the Employee shall fully reimburse the Employer for any funds expended for the Employee's criminal defense, if any such funds were expended pursuant to or consistent with this Section. This paragraph shall not be construed as creating or implying an obligation by the Employer to provide a criminal defense to the Employee. Section 16 Bonding The Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 17 Other Terms and Conditions of Employment A. The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the National City Municipal Code, or any other law. B. Except as otherwise provide in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other appointed employees of the Employer as provided in the Municipal Code or by practice. Section 18 Notices. Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: EMPLOYEE: Mayor Angil Morris -Jones City of National City [at the residence address to be provided by 1243 National City Boulevard the Employee] National City, CA 91950-4397 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19 General Provisions. A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may April 2017 6 Employment Agreement — Angil Morris -Jones City Attorney amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives, and successors in interest. C. Effective Date. This Agreement shall become effective on April 18, 2017. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. F. Construction. The parties acknowledge and agree that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (4) each party and such party's counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney EMPLOYEE April 2017 7 Employment Agreement — Angil Morris -Jones City Attorney RESOLUTION NO. 2017 — 58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPOINTING ANGIL MORRIS-JONES TO THE OFFICE OF CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ANGIL MORRIS-JONES WHEREAS, the City Council has conducted an extensive and thorough search to fill the vacancy in the Office of the City Attorney, and has determined that Angil Morris -Jones is the best qualified to fill the Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: SECTION 1. Angil Morris -Jones is hereby appointed to the position of City Attorney for the City of National City, and is concurrently appointed to the positions of General Counsel to the Community Development Commission -Housing Authority of the City of National City and Legal Advisor to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. SECTION 2. In consideration of Ms. Morris -Jones' acceptance of the appointments made hereinabove, the City Council hereby approves the following employment terms and conditions: A. Commencement of Employment May 1, 2017 is hereby designated as the date of commencement of Ms. Morris - Jones' duties to serve as City Attorney, General Counsel to the Community Development Commission -Housing Authority, and Legal Advisor to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. B. Salary The base salary to be paid Ms. Morris -Jones for her services as City Attorney, General Counsel to the Community Development Commission -Housing Authority, and Legal Advisor to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, shall be $200,000 annually, payable in accordance with the City's Customary payroll practices. C. Benefits In addition to base salary, Ms. Morris -Jones shall receive such other benefits as are provided to City Council -appointed officers of the City, including holidays, vacation leave, executive leave, sick leave, and insurance and retirement benefits. SECTION 3. The Mayor is hereby authorized to execute an Employment Agreement between the City and Angela Morris -Jones with an initial term of three years. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution 2017 — 58 Page Two PASSED and ADOPTED this 18th day of April, 2017. ATTEST: li/Lej .; Ar Dalla , R. D� Mic a a, C ty Clerk APPROVED AS TO FORM: George H. Eiser, Ill Interim City Attorney Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on April 18, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California % N City C erk of the City offational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-58 of the City of National City, California, passed and adopted by the Council of said City on April 18, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 18, 2017 AGENDA ITEM NO. 18 TEM TITLE: Resolution of the City Council of the City of National City appointing Angil Morris -Jones to the Office of City Attorney, and authorizing the Mayor to execute an Employment Agreement between the City of National City and Angil Morris -Jones. (City Attorney) PREPARED BY: PHONE: EXPLANATION: George H. Eiser, III Interim City Attorney Ext. 4222 DEPARTMENT: City Attorney APPROVED BY: n jeNA., Approval of the proposed Resolution would formally appoint attorney Angil Morris -Jones to serve as City Attorney, and authorize the Mayor to execute a three-year Employment Agreement with Ms. Morris -Jones. The specific terms of the Employment Agreement are set forth in the attached "Summary of a Recommendation for Final Action on the Salary and Other Compensation of the City Attorney". This Summary is a requirement of the Brown Act (Government Code Section 54953(c)(3), and must be read aloud into the record prior to the City Council taking action regarding the Employment Agreement. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Summary of a Recommendation for Final Action on the Salary and Other Compensation of the City Attorney • Employment Agreement • Proposed resolution [To be read aloud prior to adoption of resolution approving employment agreement] Summary of a Recommendation for Final Action of the Salary and Other Compensation of the City Attorney (Government Code Section 54953(c)(3) The following is a summary of the recommended salary and other compensation to be received by the City Attorney: • Three-year contract • $200,000 annual salary • 10 paid fixed holidays per year • 9 days of administrative leave per year • Vacation accrued at the rate of 10 hours per month for the first two years of employment, and at the rate of 13.33 hours per month beginning with the third year • 80 hours of vacation leave to vest at commencement of employment • 80 hours of sick leave to vest at commencement of employment • Employee life insurance of $150,000 • Availability of health and dental insurance • Participation in CaIPERS retirement system • Retiree health benefit of $20 per month for each year of service • If employment is terminated by the City other than for cause, payment of six months' salary, and ability to continue participation in the City's healthcare plan for 6 months • Reimbursement of moving costs based on the lowest of three estimates EMPLOYMENT AGREEMENT City Attorney City of National City California 2017 EMPLOYMENT AGREEMENT CITY ATTORNEY TABLE OF CONTENTS Page Introduction 1 Section 1 Term 1 Section 2 Duties and Authority 1 Section 3 Compensation 1 Section 4 Health, Disability and Life Insurance Benefits 1 Section 5 Vacation, Sick and Military Leave 1 Section 6 Retirement 2 Section 7 General Business Expenses 2 Section 8 Termination 2 Section 9 Severance 3 Section 10 Resignation 3 Section 11 Performance Evaluation 3 Section 12 Hours of Work 3 Section 13 Outside Activities 4 Section 14 Moving and Relocation Expenses 4 Section 15 Indemnification 4 Section 16 Bonding 5 Section 17 Other Terms and Conditions of Employment 5 Section 18 Notices 5 Section 19 General Provisions 5 -i- EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 18th day of April, 2017, by and between the City of National City, a municipal corporation, (hereinafter called the "Employer") and Angil Morris -Jones (hereinafter called the "Employee") an individual who has education, training and experience in legal issues involving local government, and who is a member in good standing of the State Bar of California, both of whom agree as follows: Section 1 Term. This Agreement shall remain in full force in effect for a period of three (3) years from May 1, 2017, through April 30, 2020, unless sooner terminated by the Employer or Employee as provided in Section 8, 9 or 10 of this Agreement. Section 2 Duties and Authority. Employer agrees to employ Angil Morris -Jones as City Attorney, on an at -will basis, to perform the functions and duties specified in the National City Municipal Code and the California Government Code, and to perform other legally permissible and proper duties and functions, commencing on May 1, 2017. Section 3 Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of two hundred thousand dollars ($200,000), payable in installments at the same time that the other executive employees of the Employer are paid. B. This Agreement shall be re -opened to discuss compensation and benefits if, and at the time, managers, or executives receive any increase in compensation or benefits. C. Consideration shall be given on an annual basis to increase salary, based upon increases in the Consumer Price Index ("CPI"), as that term is defined at Government Code section 3511.1(b). Any increase in salary shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 11 of this Agreement. Section 4 Health, Disability, and Life Insurance Benefits. A. The Employer agrees to provide Employee a cafeteria health benefit of $1200.00 per month. B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee. C. The Employer shall pay the amount of premium due for term life insurance in the amount of $150,000. The Employee shall name the beneficiary of the life insurance policy. Section 5 Vacation, Sick and Military Leave. A. The Employee shall accrue sick leave, vacation leave, and other paid leave on an annual basis at the rate provided to Executive employees, provided that the Employee will accrue vacation leave at the rate of 10 hours per month (120 hours per year) during the first two years of this Agreement, and at the rate of 13.33 hours per month (160 hours per year) beginning on the third anniversary of this Agreement. Further, the Employee will begin employment with 80 hours of vacation leave vested, and with 80 hours of sick leave vested. April 2017 2 Employment Agreement — Angil Morris -Jones City Attorney B. The Employee is entitled to accrue all unused vacation and sick leave, without limit, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all unused vacation and sick leave in accordance with the Employer's customary practice for Executive Employees. C. The Employee shall be entitled to military reserve leave time pursuant to state law and City policy. Section 6 Retirement. The Employer agrees to enroll the Employee into the California Public Employees' Retirement System (CalPERS) and to make all the appropriate contributions on the Employee's behalf, for the required Employer share. Employee shall pay the entire employee share, as determined by CalPERS. Section 7 General Business Expenses. 1. The Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. 2. The Employer agrees to budget for and to pay for travel and subsistence expenses of the Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of the Employee and to pursue necessary official functions for the Employer, including but not limited to the League of California Cities, and such other national, regional, state and local governmental groups and committees in which the Employee serves as a member. 3. The Employer also agrees to budget for and to pay for travel and subsistence expenses of the Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. 4. The Employer recognizes that certain expenses of a non -personal but job -related nature are incurred by the Employee, and agrees to reimburse or to pay said general expenses. The Finance Director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 5. The Employer acknowledges the value of having the Employee participate and be directly involved in local civic clubs or organizations. Accordingly, the Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. 6. The Employer shall provide the Employee with a computer, software, and cell phone required for the Employee to perform the job and to maintain communication. Section 8 Termination. For the purpose of this Agreement, termination shall occur when: 1. The majority of the Employer's City Council votes to terminate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature act to amend any provisions of the state or local law pertaining to the role, powers, duties, authority, and responsibilities of the Employee's April 2017 3 Employment Agreement — Angil Morris -Jones City Attorney position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employer reduces the base salary, compensation or any other financial benefits of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this Agreement and will be regarded as a termination. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of suggestion. 5. Breach of contract declared by either party with a 30 day cure period for either the Employee or the Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 18. Section 9 Severance. The Employee is an at -will employee, serving at the pleasure of the Employer's City Council. This Agreement, and the Employee's employment with the Employer, may be terminated with or without cause by the Employer's City Council. In the event the Employee is terminated for cause, or voluntarily resigns her position with the Employer, then the Employee shall not be entitled to the payment of Severance by the Employer. In the event the Employee is terminated by the Employer other than for cause, and during such time that the Employee is willing and able to perform his duties under this Agreement, then the Employer agrees to pay Severance equal to one-half year's base salary at the current rate of pay. This Severance shall be paid in one lump sum unless otherwise agreed to by the Employer and the Employee. This severance shall include the Employee's continued participation in the Employer's health care plan for a period of six months after her separation from City Employment. The value of the City's contribution to the cost of health care shall not exceed the established contribution for Executive employees as of the date of the Employee's separation. In the event of Severance, the Employee shall also be compensated for all accrued sick and vacation leave. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay Severance under this section. If the Employee is convicted of a crime involving an abuse of office or position, then regardless of the term of this Agreement, if the Employee is terminated, any cash settlement, including severance, related to the termination received by the Employee from the Employer shall be fully reimbursed to the Employer. Section 10 Resignation. In the event that the Employee voluntarily resigns her position with the Employer, the Employee shall provide a minimum of 30 days' notice unless the parties agree otherwise. Section 11 Performance Evaluation. The Employer may annually review the performance of the Employee in the Employee's anniversary month subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum may include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written April 2017 4 Employment Agreement — Angil Morris -Jones City Attorney evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 12 Hours of Work. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule, compatible with the normal business hours of the City of National City. Section 13 Outside Activities. The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may, upon completion of two (2) years of employment, elect to accept limited teaching, consulting or other business opportunities, and to pursue further education, with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with her responsibilities under this Agreement. Section 14 Moving and Relocation Expenses. The Employer shall reimburse the Employee for the cost of moving the Employee's household from its current location, said cost to be based on the lowest of three moving cost estimates furnished to the Employer by the Employee. Section 15 Indemnification. In accordance with federal, state or local law, the Employer shall defend, save harmless and indemnify the 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 course and scope of the performance of the Employee's duties as City Attorney, or resulting from the exercise of judgment or discretion in connection with the course and scope of performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. In such cases, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at the Employer's expense and the Employer may not unreasonably withhold approval. Legal representation provided by the Employer for the Employee shall extend until a final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify the Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other reasonable costs and expenses of legal proceedings, including attorney's fees and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit or proceeding, actual or threatened, arising out of or in connection with the performance of the Employee in the course and scope of her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. The Employee recognizes the Employer shall have the right to compromise and settle any claim or suit. Further, the Employer agrees to pay all reasonable litigation expenses of the Employee throughout the pendency of any litigation to which the Employee is a party, witness, April 2017 5 Employment Agreement — Angil Morris -Jones City Attorney or advisor to the Employer. Such expense payments shall continue beyond the Employee's service to the Employer as long as litigation is pending. Further, the Employer agrees to pay the Employee reasonable consulting fees and travel expenses when the Employee serves as a witness, advisor, or consultant to the Employer regarding pending litigation. If the Employee is convicted of a crime involving an abuse of her office or position, as defined in Government Code section 53243.4, then the Employee shall fully reimburse the Employer for any funds expended for the Employee's criminal defense, if any such funds were expended pursuant to or consistent with this Section. This paragraph shall not be construed as creating or implying an obligation by the Employer to provide a criminal defense to the Employee. Section 16 Bonding The Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 17 Other Terms and Conditions of Employment A. The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the National City Municipal Code, or any other law. B. Except as otherwise provide in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other appointed employees of the Employer as provided in the Municipal Code or by practice. Section 18 Notices. Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: EMPLOYEE: Mayor Angil Morris -Jones City of National City [at the residence address to be provided by 1243 National City Boulevard the Employee] National City, CA 91950-4397 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19 General Provisions. A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may April 2017 6 Employment Agreement — Angil Morris -Jones City Attorney amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives, and successors in interest. C. Effective Date. This Agreement shall become effective on April 18, 2017. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. F. Construction. The parties acknowledge and agree that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (4) each party and such party's counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney EMPLOYEE April 2017 7 Employment Agreement — Angil Moths -Jones City Attorney RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPOINTING ANGIL MORRIS-JONES TO THE OFFICE OF CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ANGIL MORRIS-JONES WHEREAS, the City Council has conducted an extensive and thorough search to fill the vacancy in the Office of the City Attorney, and has determined that Angil Morris -Jones is the best qualified to fill the Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: SECTION 1. Angil Morris -Jones is hereby appointed to the position of City Attorney for the City of National City, and is concurrently appointed to the positions of General Counsel to the Community Development Commission -Housing Authority of the City of National City and Legal Advisor to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. SECTION 2. In consideration of Ms. Morris -Jones' acceptance of the appointments made hereinabove, the City Council hereby approves the following employment terms and conditions: A. Commencement of Employment May 1, 2017 is hereby designated as the date of commencement of Ms. Morris - Jones' duties to serve as City Attorney, General Counsel to the Community Development Commission -Housing Authority, and Legal Advisor to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. B. Salary The base salary to be paid Ms. Morris -Jones for her services as City Attorney, General Counsel to the Community Development Commission -Housing Authority, and Legal Advisor to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, shall be $200,000 annually, payable in accordance with the City's Customary payroll practices. C. Benefits In addition to base salary, Ms. Morris -Jones shall receive such other benefits as are provided to City Council -appointed officers of the City, including holidays, vacation leave, executive leave, sick leave, and insurance and retirement benefits. SECTION 3. The Mayor is hereby authorized to execute an Employment Agreement between the City and Angela Morris -Jones with an initial term of three years. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution 2017 — Page Two PASSED and ADOPTED this 18th day of April, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill Interim City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk ANGIL MORRIS-JONES Employment Agreement — City Attorney Department has a Fully Executed Original Copy of Agreement