HomeMy WebLinkAbout2023 CON Employment Agreement - Interim City Manager Armando VergaraEMPLOYMENT AGREEMENT
INTERIM CITY MANAGER
TABLE OF CONTENTS
Page.
Introduction 1
Section 1 Term
Section 2 Duties and Authority 1
Section 3 Compensation
Section 4 Health, Disability and Life Insurance
Benefits
Section 5 Vacation, Sick and Military Leave 2
Section 6 Monthly Vehicle Allowance 2
Section 7 Retirement 2
Section 8 General Business Expenses 2
Section 9 Termination 3
Section 10 Return to Prior Position 3
Section 11 Resignation
Section 12 Performance Evaluation
Section 13 Hours of Work
Section 14 Outside Activities
Section 15 Indemnification
Section 16 Bonding
Section 17 Other Terms and Conditions of
Employment
Section 18 Notices
Section 19 General Provisions
EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into thistvdi'
day 2023, by and
between the City of National City, a municipal corporation, (hereinafter called "Employer") and
Armando Vergara (hereinafter called "Employee") an individual who has the education, training
and experience in local government management, both of whom agree as follows:
Section I Term.
This Agreement shall remain in full force and effect until theCity appoints a permanent
City Manager unless sooner terminated by the Employer or Employee as provided in Section 9,
10 or 11 of this Agreement.
Section 2 Duties and Authority.
Employer agrees to employ Armando Vergara as Interim City Tanager, 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 June 1,2023.
Section 3 Compensation.
A. Base Salary: Employer agrees to pay Employee an annual base salary of Two
Hundred Fifty Five Thousand Seven Hundred Twenty Three Dollars and Twelve
Cents ($255723, 1 , payable in installments at the same time that the other
executive employees of the Employer are paid. Employer.
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. Additional Compensation:: Employee served as Acting City Manager commencing
on April 7, 2023. In recognition of the fact Employee has continuously performed
the duties and responsibilities of City Manager, Employer agrees to pay Employee
additional compensation in the amount of $7,769.55 which represents the
difference between compensation paid between April 7, 2023 and May 31, 2023
and the base salary established by this Agreement.
Section
A. The Employer agrees to provide Employee a cafeteria health benefit of $1,200.00
per month.
B. The Employer agrees to put into force and to make required pre 1 um payments
for 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 $1 0,000. The Employee shall name the beneficiary of the life insurance policy.
Health, Disability and Life Insurance Benefits.
Section 5 Vacation, Sick and Military Leave,
A. The Employee shall accrue sick, vacation leave, and other paid leave on an annual
basis at the rate provided to Executive employees.
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B. The Employee is entitled to receive vacation leave, executive leave, sick leave,
insurance and retirement benefits in accordance with those benefits provided to the Executive
Group of the City.
C. The Employee shall be entitled to military reserve leave time pursuant to state law
and City policy.
Section 6 Monthly Vehicle Allowance.
The Employer agrees to pay to the Employee, during term of this Agreement and in
addition to other salary and benefits herein provided the sum of $9,000.00 per year, payable at
$750.00per month, as a vehicle allowance to be used to purchase, lease, or own, operate and
maintain a vehicle. The Employee shall be responsible for paying for liability, property damage,
and comprehensive insurance coverage upon such vehicle and shall further be responsible for all
expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of
said vehicle. The Employer shall reimburse the Employee at the IRS standard mileage rate for
any business use of the vehicle beyond the greater National City area. For purposes of this
Section, use of the car within the greater National City area is defined as travel to locations
within a 0-mile radius of the National City Civic Center.
Section 7 Retirement
The Employer agrees to enroll the Employee into the Public Employees' Retirement
System and to make all the appropriate contributions on the Employee's behalf, for the required
Employer share. Employee shall pay the entire employee share, which is 8% at this time and any
changed rate during the term of this Agreement. Employee shall pay an additional 1 % of the
required Employer's normal cost share, in line with the retirement costs paid by other Ca1PE S
classic plan nerber Executive employees.
Section 8 General Business Expenses.
.. 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 theEmployee's continued
professional participation, growth, and advancement, and for the good of the Employer.
2. Employer agrees to budget for and to pay for travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions to adequately continue the
professional development of Employee and to pursue necessary official functions for Employer,
including but not limited to the ICMA Annual Conference, the League of California Cities, and
such other national, regional, state and local governmental groups and committees in which
Employee services as a member.
3. Employer also agrees to budget for and to pay for travel and subsistence expenses
of Employee for short courses, institutes and seminars that are necessary for the Employee's
professional development and for the good of the Employer.
. Employer recognizes that certain expenses of a non -personal but job -related
nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The
Adrninistrative Services Director is authorized to disburse such moneys upon receipt of duly
executed expense or petty cash vouchers, receipts, staternents or personal affidavits,
. The Employer acknowledges the value of having Employee participate and be
directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the
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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 Employee with a computer, software, fax/modem,
and cell phone required for the Employee to perform the job and to maintain communication.
Section 9 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 acts to amend any provisions of the state or
local law pertaining to the role, powers, duties, authority, and responsibilities of the Employee's
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 0-day cure period for either
Employee or Employer. Written notice of a breach of contract shall be provided in accordance
with the provisions of Section 20.
Section 10 Return to Prior Permanent Position
Prior to the appointment as Interim City Manager, the Employee was employed as the
Community Development Director. In the event the Employee is not appointed as permanent
City Manager, Employee shall have the right to return to his prior position as Community
Development Director,
Section 11 Resignation.
In the event that the Employee voluntarily resigns his position with the Employer, the
Employee shall provide a minimum of thirty days' notice unless the parties agree otherwise.
Section 12 Performance Evaluation.
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: I prepare a written evaluation, 2 meet and discuss
the evaluation, and present a written summary of the evaluation results. The final written
evaluation should be completed and delivered to the Employee within thirty days of the
evaluation meeting.
Section 13 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
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establish an appropriate work schedule, compatible with the normal business hours of the City of
National City.
Section 14 Outside Activities.
A. Notice and Consent: Employee shall give written notice to Council for Council's
approval of any new outside activities of Employee.
Section 15 Indemnification.
In accordance with federal, state or local law, Employer 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 course and scope of the perforrance of Employee's duties as City Manager, 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
Employer for Employee shall extend until a final determination of the legal action, including any
appeals brought by either party. The Employer shall indemnify 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.
Employee recognizes the Employer shall have the right to compromise and settle any
claim or suit. Further, Employer agrees to pay all reasonable litigation expenses of 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 Employee's service to the
Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable
consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to
Employer regarding pending litigation.
If Employee is convicted of a crime involving an abuse of his office or position, as
defined in Government Code section 53243.4, then Employee shall fully reimburse Employer for
any funds provided for Employee's criminal defense, if any such funds were provided pursuant
to or consistent with this Section. This paragraph shall not be construed as creating or implying
an obligation by Employer to provide a criminal defense to Employee.
Section 16 Bonding.
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 detemiine from time to time, relating to the performance of the Employee, provided such
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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: Mayor
City of National City
1243 National City Boulevard
National City, CA 91950-4301
EMPLOYEE: Armando Vergara
[At the address of the
Employee's principal
residence]
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 June 1, 2023.
D. Scv ra iiity. The invalidity or partial invalidity of any portion of this Agreement
will not effect 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, 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
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drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
11\ WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
EMPLOYEE
Ro amson, Mayor Armando
APPROVED AS TO FORM:
Barry J. Se
City Atto
2023 Employment Agreement
City Manager
City of National City
Human Resources Department
EXECUTIVE POSITIONS
February 2024
P1TI I TIT
SALARY
(MONTHLY)
BAND SALARY BAND
L
(ANNUAL)
City Manager $21,310.26 $255,723.12
City Attorney $18,218.58
$216,623.00
Assistant City Manager ' $ 9,941.27 — $ 19,530.76
$ 119,295.25 $ 234,369.18
Assistant Police Chief $ 14,174,35 — $ 18,702.14
$ 170,092.21 — $ 224,425.67
City Clerk $ 10,366.67 — $ 12,941.87
$ 124,402.41 — $ 155,302.41
City Librarian $ 12,729,54 — $ .16,690.77
$ 152,754.50 — $ 200,289.26
Community Development Executive Director ` $ 11,891.01 — $ 18,045.11 $ 142,692.09 — $ 216,541.27
Community Services Director $ 11,638.44 — $ 15,548.82 $ 139,661.26 — $ 186,585.87
Deputy City Manager $ 9,863.27 — $ 18,421.23 $ 1 18,359.25 — $ 221,054.78
Director of Administrative Services $ 12,818.86 — $ 16,776.87 $ 153,826.30 — $ 201,322.47
Director of Building & Safety $ 11,891,01 — $ 14,178.69 $ 142,692.09 — $ 170,144.30
Director of Community Development $ 11,891.01 — $ 16,739.27 $ 142,692.09 — $ 200,871.30
Director of Emergency Services 2 $ 13,683.70 — $ 18,131.66 $ '164,204.45 — $ 217,579.92
Director of France $ 12,818.86 15,999.20 $ 153,826.30 — $ 191,990.45
Director of Housing & Economic Development $ 11,362.62 — $ 14,484.64 5 136,351.45 — $ 173,815,68
Director of Neighborhood Services ,$ 11,891.01 — $ 15,158.21 $ 142,692.09 — $ 181,898.48
Director of Planning $ 10,484.66 — $ 14,301.23 $ 125,815.93 — $ 171,614.74
Director of Public Works $ 13,186.96 — $ 16,707.26 $ 158,243.53 — $ 200,487.12
Director of Public Works/City Engineer $ 13,186.96 — $ 16,707.26 $ 158,243.53 — $ 200,487.12
Fire Chief $ 13,683.70 — 18,131.66 $ 164,204.45 — $ 217,579.92
Human Resources Director $ 12,921,80 — $ 16,154.18 $ 155,061.56 — -: 93 850,21
Library and Community Services Director $ 12,729.54 — $ 19,869.55 $ 152,754.50 $ 238, .134.59
Police Chief' $ 18,092.42 — $ 20.572.35 i $ 217,109.09 — $ 246,868.23
Records Management Officer $ 8,837.59 — $ 10,869.96 $ 106,051.13 — $ 130,439.55
Assistant City Attorney $ 11,568.86 — $ 17,449.74
Ii
$ 138,826.35 — $ 209,396.88
Effective 0 /2 /22per Resolution 2022-21, City Manager Employment Agreement
Effective 1/1/2023 per Resolution 2022-199. City Attorney Employment Agreement
Auto Allowance: $ 001month, wv/exception of Police & Fire Chief who are assigned a City Vehicle, and City Attorney. The City
Manager receives 750/month and Assistant City Manager receives 400 onth.
if residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15,000 per
year (per Resolution 2 09-100)
2 Director of Emergency Services receives $650 Uniform Allowance •annually (per memo dated 08/02/12)
Police Chief receives a $750 Uniform Allowance (per employment agreement of Q3/13/1 )
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