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HomeMy WebLinkAbout2019 CON Angil Morris-Jones - City Attorney Employment Agreement - Amended and RestatedAMENDED AND RESTATED EMPLOYMENT AGREEMENT City Attorney City of National City California 2019 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 5 Section 15 Indemnification 5 Section 16 Bonding 6 Section 17 Other Terms and Conditions of Employment 6 Section 18 Notices 6 Section 19 General Provisions 6 Section 20 City Attorney's Residency 7 -i- EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 1st day of August, 2019, 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 December 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 twenty four dollars ($224,000), 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. August 2019 2 Employment Agreement — Angil P. Moths -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 August 2019 3 Employment Agreement — Angil P. 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 evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. August 2019 4 Employment Agreement — Angil P. Morris -Jones City Attorney 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, 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. August 2019 5 Employment Agreement — Angil P. Morris -Jones City Attorney 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 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 August 1, 2019. August 2019 6 Employment Agreement — Angil P. Morris -Jones City Attorney 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. Section 20 City Attorney's Residency The City Attorney acknowledges and agrees that she will establish and maintain residency within the City of National City throughout the remainder of her employment as the City Attorney. IN WITNESS WHEREO - parties hereto have executed this Agreement on the date and year first above writt CITY O ' N I'� ► By :it/ilk r. a/ot;P CITY Mayor APPROVED AS TO FORM: Nicol Pedone Senior Assistant City Attorney August 2019 EMPLOYEE 7 Employment Agreement — Angil P. Moms -Jones City Attorney RESOLUTION NO. 2019 — 120 RESOLUTION OF THE CITY COUNCIL APPROVING THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ANGIL P. MORRIS-JONES TO EXTEND HER EMPLOYMENT THROUGH DECEMBER 30, 2020, APPROVING A SALARY INCREASE IN ACCORDANCE WITH SECTION 3 OF THE AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WITH THE CONTRACTUAL PROVISION THAT THE CITY ATTORNEY WILL ESTABLISH AND MAINTAIN RESIDENCY IN NATIONAL CITY THROUGHOUT THE REMAINDER OF HER CONTRACT WHEREAS, on April 18, 2017, the City Council appointed Angil P. Morris -Jones ("Employee") as City Attorney, effective May 1, 2017; and WHEREAS, the City Council seeks to enter into an Amended and Restated Employment Agreement, effective August 1, 2019, that extends the term of employment to December 30, 2020, and approves a salary increase in the amount of $2,000 a month for a total annual amount of $224,000 in accordance with Section 3 of the Agreement; and WHEREAS, this amended Agreement establishes the contractual obligation that the City Attorney will maintain residency in National City through the remainder of her employment; and WHEREAS, the City Attorney will receive the same benefits as the Executive Group which will remain unchanged under this Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby authorizes the Mayor to execute the Amended and Restated Employment Agreement between the City of National City and Angil P. Morris -Jones, continuing her employment through December 30, 2020, and approving a salary increase in the amount of $2,000 a month for a total annual amount of $224,000 in accordance with Section 3 of the Agreement. Said Amended and Reinstated Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, the City Council authorizes the Mayor to execute the Amended and Restated Employment Agreement with the contractual provision that Angil P. Morris- Jones will establish and maintain residency in National City throughout the remainder of her contract. PASSED and ADOPTED this 20th day of August, 201 Alejandra Sotelo-Solis, Mayor APPROVED AS TA FORM: icole Pedone Senior Assistant City Attorney Passed and adopted by the Council of the City of National City, California, on August 20, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-120 of the City of National City, California, passed and adopted by the Council of said City on August 20, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 20, 2019 AGENDA ITEM NO. 17 eFEM TITLE Resolution of the City Council approving the Amended and Restated Employment Agreement between the City of National City and Angil P. Morris -Jones to extend her employment through December 30, 2020, approving a salary increase in accordance with Section 3 of the Agreement, and authorizing the Mayor to execute the same with the contractual provision that the City Attorney will establish and maintain residency in National City throughout the remainder of her contract. PREPARED BY: Angil P. Morris -Jones DEPARTMENT C PHONE EXPLANATION: Ext. 4222 The City of National City and Angil P. Morris- Jones entered into an Employment Agreement on April 18, 2017. The Amended and Restated Agreement extends the employment of the City Attorney through December 30, 2020 and approves a salary increase in the amount of $2,000 a month for a total annual amount of $224,000 in accordance with Section 3 of the Agreement. This amended Agreement establishes the contractual obligation that the City Attorney will maintain residency in National City through the remained of her employment. The City Attorney receives the same benefits as the Executive Group. These already existing benefits remain unchanged under this Agreement. 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 required by the Brown Act (Government Code Section 54953(c)(3), and must be read aloud into the record prior to the City Council taking acting regarding the Employment Agreement. FINANCIAL STATEMENT ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE INTRODUCTION: FINAL ADOPTI ON: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt proposed Resolution. BOARD / COMM ISS ION RECOMMENDATION: N/A ATTACHMENTS: • Amended and Restated Employment Agreement • Resolution /0,so/4. 7inpi ham• I O/ 7 -/.,?e AMENDED AND RESTATED EMPLOYMENT AGREEMENT City Attorney City of National City California 2019 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 5 Section 15 Indemnification 5 Section 16 Bonding 6 Section 17 Other Terms and Conditions of Employment 6 Section 18 Notices 6 Section 19 General Provisions 6 Section 20 City Attorney's Residency 6 -i- EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 1st day of August, 2019, 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 December 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 twenty four dollars ($224,000), 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. August 2019 2 Employment Agreement — Angil P. 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 August 2019 3 Employment Agreement — Angil P. 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 evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. August 2019 4 Employment Agreement — Angil P. Morris -Jones City Attorney 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, 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. August 2019 5 Employment Agreement — Angil P. Morris -Jones City Attorney 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 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 August 1, 2019. August 2019 6 Employment Agreement — Angil P. Morris -Jones City Attorney 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. Section 20 City Attorney's Residency The City Attorney acknowledges and agrees that she will establish and maintain residency within the City of National City throughout the remainder of her employment as the City Attorney. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY EMPLOYEE By: Alejandra Sotelo-Solis, Mayor Angil P. Morris -Jones APPROVED AS TO FORM: Nicole Pedone Senior Assistance City Attorney August 2019 7 Employment Agreement — Angil P. Morris -Jones City Attorney [To be read aloud prior to Adoption of Resolution Approving Employment Agreement] Report Out of Salary and Benefits of City Attorney Government Code Section 54953 (c)(3) The following is a summary of the salary and benefits to be received by the City Attorney: • Three-year and 8 month contract from April 17, 2017, through December 30, 2020. • $2,000 monthly increase effective August 1, 2019 with an annual salary of $224,000. • Establish and maintain residency in National City throughout the remainder of her contact. Standard Executive Group Benefits • 10 paid fixed holidays per year. • 9 days of Administrative Leave per year. • Vacation accrued at the rate of 13.33 hours per month. • Employee life insurance of $150,000. • Availability of Health and Dental Insurance. • Participation in CaIPERS Retirement System. RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL APPROVING THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ANGIL P. MORRIS-JONES TO EXTEND HER EMPLOYMENT THROUGH DECEMBER 30, 2020, APPROVING A SALARY INCREASE IN ACCORDANCE WITH SECTION 3 OF THE AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WITH THE CONTRACTUAL PROVISION THAT THE CITY ATTORNEY WILL ESTABLISH AND MAINTAIN RESIDENCY IN NATIONAL CITY THROUGHOUT THE REMAINDER OF HER CONTRACT WHEREAS, on April 18, 2017, the City Council appointed Angil P. Morris -Jones ("Employee") as City Attorney, effective May 1, 2017; and WHEREAS, the City Council seeks to enter into an Amended and Restated Employment Agreement, effective August 1, 2019, that extends the term of employment to December 30, 2020, and approves a salary increase in the amount of $2,000 a month for a total annual amount of $224,000 in accordance with Section 3 of the Agreement; and WHEREAS, this amended Agreement establishes the contractual obligation that the City Attorney will maintain residency in National City through the remainder of her employment; and WHEREAS, the City Attorney will receive the same benefits as the Executive Group which will remain unchanged under this Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby authorizes the Mayor to execute the Amended and Restated Employment Agreement between the City of National City and Angil P. Morris -Jones, continuing her employment through December 30, 2020, and approving a salary increase in the amount of $2,000 a month for a total annual amount of $224,000 in accordance with Section 3 of the Agreement. Said Amended and Reinstated Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, the City Council authorizes the Mayor to execute the Amended and Restated Employment Agreement with the contractual provision that Angil P. Morris- Jones will establish and maintain residency in National City throughout the remainder of her contract. PASSED and ADOPTED this 20th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Date: CONTRACT TRANSMITTAL FORM (Attach as cover sheet to Documents dropped off to City Clerk's Office) a.t%. 161 From (Dept.): Cit O yakSubmitted by (First & Last Name): �Iluno� Vendor: Resolution: Argil IVlirrts-31vits fxtGoleei 20t1 Ati reemeh-4- / NO Resolution No. (if applicable): 2011 - 0,0 2 3 4 Originals Provided to City Clerk (circle quantity) its Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original 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 — Amended and Restated City Attorney Leah Munoz (City Attorney's Office) forwarded a duplicate original Agreement to Angil Morris -Jones.