HomeMy WebLinkAboutContracts & Agreements_207-2022CITY OF REDLANDS
CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (this "Agreement") is made and entered into the 4th day of
October, 2022 ("Effective Date") by and between the City of Redlands, a general law city and
municipal corporation ("City") and Charles M. Duggan Jr., an individual ("Employee"). For
purposes of this Agreement, City and Employee are sometimes individually referred to herein as a
"Party" and, together, as the "Parties."
RECITALS
WHEREAS, it is the desire of City to retain the services of Employee as City Manager and
the desire of the Employee to serve in that capacity; and
WHEREAS, Government Code section 34852 provides that an ordinance establishing
city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the duties of the city manager of the City are set forth in full in Chapter 2.04
of the Redlands Municipal Code ("RMC"); and
WHEREAS, RMC section 2.04.010 states: "The City Manager shall be appointed by the
City Council solely on the basis of his executive and administrative qualifications and ability, and
shall hold office at and during the pleasure of the City Council;" and
WHEREAS, it is the desire of City to: (1) provide inducement for Employee to remain in
City's employment; (2) make possible full work productivity by providing Employee with
assurances regarding his employment; and (3) provide an equitable process for terminating
Employee's services if that should occur; and
WHEREAS, the City Council of the City of Redlands ("City Council") has determined that
Employee has the required executive and administrative qualifications and ability, along with the
level of education, experience, skills and expertise to serve as the City Manager of the City;
NOW, THEREFORE, for and in consideration of the mutual promises contained herein,
the Parties agree as follows:
AGREEMENT
1. Employment and Duties
1.1 Duties. The City Council hereby appoints Employee as the City Manager for the
City to perform the functions and duties of that position, as described in the California Government
Code and Chapter 2.04 of the Redlands Municipal Code (as such Chapter may be amended from
time to time in the sole discretion of the City Council without any amendment of this Agreement
or Employee's acquiescence), and such other legally permissible and proper duties and functions
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as the City Council shall, from time to time, direct or assign to Employee. Employee agrees to
perform all such functions and duties to the best of his ability and in an efficient, competent, and
ethical manner.
1.2 Term. The City hereby employs Employee as City Manager on an at -will basis
commencing as of October 4, 2022, and remaining in effect until January 31, 2026.
1.3 Work Schedule. Employee will report to the entire City Council. It is recognized
that Employee is expected to engage in the hours of work that are necessary to fulfill the
obligations of the position of City Manager, must be available at all times and devote significant
time outside of "normal" City office hours to the business of the City. Employee acknowledges
that proper performance of the duties of the City Manager will require Employee to generally
observe normal business hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in
accordance with City's "9/80" work schedule), as set by the City and as may be duly revised from
time -to -time by the City, and will also often require the performance of necessary services outside
of normal business hours. Employee is pre -authorized to work remotely, for periods of time not
exceeding two -weeks, four times each year. Employee's compensation (whether salary or benefits)
is not based on hours worked. Furthermore, the City Manager position remains an "exempt"
classification under the overtime provisions of the federal Fair Labor Standards Act ("FLSA") and
Employee shall not be entitled to any compensation for overtime, nor subject to such overtime
provisions of the FLSA.
1.4 Other Activities. Employee shall focus his professional time, ability, and attention
to the City's business during the tern of this Agreement. Employee shall not engage, without the
express prior written consent of the City Council, in any other business duties or pursuits
whatsoever, or directly or indirectly render any services of a business, commercial, or professional
nature, to any other person or organization, whether for compensation or otherwise, that is or may
be competitive with the City, that might cause a conflict -of -interest with the City, or that otherwise
might interfere with the business or operation of the City or the satisfactory performance of the
functions and duties of the City Manager.
1.5 Employment Status. Employee shall serve at the will and pleasure of the City
Council and understands he shall continue to be an "at -will" employee and shall be subject to
summary dismissal without any right of notice or hearing, including any so-called due process pre -
disciplinary "Skelly" hearing. The City may terminate Employee at any time in accordance with
Section 3.2 below.
1.6 Exemption from Personnel System. Redlands Municipal Code section 2.56.030
expressly exempts the "City Manager" position from the City's Personnel System established in
Redlands Municipal Code Chapter 2.56. Employee understands, acknowledges and agrees that
Employee is exempt from the City's Personnel System.
1.7 City Documents. All data, studies, reports and other documents prepared by
Employee while performing his duties during the term of this Agreement shall be furnished to and
become the property of the City, without restriction or limitation on their use. All ideas,
memoranda, specifications, plans, procedures, drawings, descriptions, computer program data,
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input record .data, written information, and other materials either created by or provided to
Employee in connection with the performance of this Agreement shall be held confidential by
Employee to the extent permitted by applicable law, except as may be required by any
governmental agency or court of competent jurisdiction. Such materials shall not be used by
Employee, without the prior written consent of the City Council, for any purposes other than the
performance of Employee's duties. Additionally, no such materials may be disclosed to any person
or entity not connected with the performance of services under this Agreement, except as required
by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of
competent jurisdiction.
1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to
and comply with the International City/County Management Association (`ICMA") Code of
Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City
Council agree that the City Council will not require that Employee violate the ICMA Code of
Ethics as part of his employment with the City.
2. Compensation and Reimbursement
2.1 Current Base Salary. Employee shall receive Two Hundred Eighty Thousand
Dollars ($280,000) as his annual base salary (`Salary") for the City Manager position. Employee's
Salary shall be paid on a pro -rated basis bi-weekly at the same time as other employees of the
City are paid, and shall be subject to normal and proper withholdings as determined by state
and federal law, and as determined appropriate by the City Council, and shall be subject to
payroll taxes, workers' compensation, and other payroll -related liability costs.
2.2 Salary Adjustment. Following the annual performance evaluation set forth in
Section 5.2 hereof, the City Council may increase Employee's base salary and benefits package
based on the results of those annual reviews. Any adjustments in the base salary and/or benefits
following the annual performance evaluation under Section 5.2 are not automatic and instead
shall be at the sole discretion of the City Council.
2.3 Incentive Bonus. Annually, beginning in August 2023, Employee may be eligible
for a lump -sum incentive bonus, at the sole discretion of the City Council, for performance
substantially above expectations. The City Council will establish criteria as the basis for any bonus
that may be awarded and such criteria will be delivered in writing to Employee before December
31 of each year. Employee and City agree that the City Council is not obligated to grant an
incentive bonus and that no assurances have been given to Employee that any incentive bonus will
be granted during the terra of this Agreement.
2.4 Business Expense Reimbursements. The City shall reimburse Employee for
reasonable and necessary travel, subsistence, and other City related business expenses
incurred by Employee in the performance of his duties. All reimbursements shall be subject to and
in accordance with California law, the City's adopted policies, and IRS rules for reporting
compensation through payroll or reimbursement through accounts payable.
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3. Termination
3.1 Termination by Employee. Employee may terminate this Agreement at any time,
provided Employee provides the City with at least thirty (30) days prior written notice. In the
event Employee terminates this Agreement, Employee expressly agrees that Employee shall not
be entitled to any severance pay.
3.2 Termination by the City.. The City may terminate this Agreement at any time,
with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or
without cause, by providing written notice to Employee of the same. The City's right to terminate
Employee pursuant to this Section 3.2 shall not be subject to, or in any way limited by, the
City's Personnel Rules and Regulations, or any subsequent related resolutions, or past City
practices related to the employment, discipline or termination of the City's employees.
Employee expressly waives any rights provided for the City Manager under the City's Personnel
Rules and Regulations, Municipal Code, or under other local, state or federal law to any other
form of pre- or post -termination hearing, appeal, or other administrative process pertaining to
termination. Nothing herein shall be construed to create a property interest, where one does not
exist by rate of law, in the position of City Manager.
(a) Termination by the City for Cause. The City may terminate this Agreement
at any time by providing Employee with prior written notice of the termination for cause and the
facts and grounds constituting such cause. The term "cause" shall be defined to include any
misconduct materially related to performance of official duties, including, but not be limited to,
any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2)
r6sum6 fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave,
(4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice,
honesty, or morality) or abuse of position as City Manager, (5) conviction of a felony under
California law, (6) violation by Employee of the City's anti -harassment policies, as may be
amended, or a finding a legally prohibited personal act of harassment against a City official or
employee or legally prohibited personal act of discrimination against a City official or employee
has occurred and Employee was aware or should have been aware of that act, (7) violation of state
law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in
violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol
that materially affects the performance of required duties as City Manager, (10) engaging in
conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or
unethical act involving personal gain, including conviction of theft or attempted theft, (12)
Employee's significant mismanagement of City finances, (13) any pattern of repeated, willful and
intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15)
failure to comply with the ICMA Code of Ethics, as may be amended; or (16) any similar cause.
For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid
administrative leave until resolution. If the City terminates, for cause, this Agreement and the
services of Employee hereunder, then the City shall have no obligation to pay Employee any
severance pursuant to section 4, below.
(b) Termination by the City without Cause. The City may terminate Employee
without cause, with no less than a sixty (60) day notice of intention to terminate his employment,
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unless such notice period is waived in whole or in part by the City Council, based upon any
management reason such as implementing the City's goals or policies, including, but not limited
to: (i) change of administration, or (ii) incompatibility of management styles, or for any other
reason, or no publicly stated reason. In the event Employee is terminated without cause, Employee
shall be compensated at full pay and benefits until the effective date of termination. If so requested
by the City Council, Employee shall continue to use his best efforts and skills to perform his duties
during this period and shall fully cooperate with any successor designated by the City Council.
Employee will qualify for severance pay according to Section 4.1 below. Employee expressly
agrees Employee shall not be entitled to any severance pay as the result of the termination of this
Agreement except as provided in Section 4.1 below.
4. Severance
4.1 Severance Pay. In the event Employee is terminated without cause and Employee
does not challenge such termination, including, but not limited to, by means of appeal or civil
or achninistrative claim or "liberty -interest" hearing, then the City shall pay to Employee
severance in an amount equal to twelve months of Employee's base salary then in effect.
Notwithstanding any other provision of this Section 4.1, if such proposed severance payment
exceeds the amount authorized to be paid under Government Code Section 53260, then the
amount paid to Employee shall be reduced in the amount necessary to comply with such statute.
(Government Code Section 53260 provides all contracts of employment with a city must include
a provision limiting the maximum cash settlement for the termination of the contract to the
monthly salary (excluding benefits) multiplied by the number of months left on the unexpired
term, but not more than eighteen (18) months if the unexpired term exceeds eighteen (18)
months). The severance payment shall not include the monetary value of benefits during said
time, but salary only.
4.2 No Severance Pav if Termination for Cause or Initiated by Employee. As
provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no
obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.1,
if Employee initiates termination of this Agreement, then the City shall have no obligation to
pay the severance provided for in Section 4.1 above.
4.3 Sole Rights. The severance rights provided in this Section 4 shall constitute the
sole and only entitlement of Employee with respect to severance pay in the event of the
termination, other than for cause or by expiration of this Agreement. Employee expressly waives
any and all other rights with respect to severance pay except as provided herein.
5. Performance Evaluations
5.1. Purpose. The performance review and evaluation process set forth herein is
intended to provide review and feedback to Employee so as to facilitate the effective management
of the City. Nothing herein shall be deemed to alter or change the employment status of Employee
as City Manager (as set forth in Section 1.6 above), nor shall this Section 5 be construed as
requiring "cause" to terminate this Agreement, or the services of Employee hereunder.
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5.2. Annual Evaluation. The City Council shall endeavor to conduct a formal or
informal review and evaluate the performance of Employee on an annual basis within thirty (30)
days before the anniversary date of the Effective Date of this Agreement in each year during the
term hereof. Such performance review and evaluation may be conducted concurrently with an
annual base salary review provided for in Section 2.2 hereof, and in accordance with the purpose
noted in Section 5.1 above.
5.3. Establishment of Goals. The City Council will establish performance objectives
and goals for Employee in connection with the initial evaluation, and each annual evaluation, of
Employee pursuant to this Section 5. Such objectives and goals shall be reasonably attainable
within the time frame established by the City Council and within the City's annual budget.
6. Benefits and Other Compensation
6.1 Professional Development. The City recognizes its obligation to the professional
development of the City Manager, and agrees Employee shall be given adequate opportunities to
develop and maintain skills and abilities as the City Manager. Employee is expected and
encouraged to and does agree to participate in professional organizations and to attend local and
regional meetings and conferences related to matters of interest to the City consistent with the time
required for such attendance in relationship to Employee's other responsibilities as determined by
the City Council. The City Council hereby agrees to budget an amount, to be determined in the
exercise of its sole discretion, to pay the cost, travel and subsistence expense of Employee for
professional and/or official travel, meetings, and occasions adequate to continue professional
development of Employee and to adequately pursue necessary official functions for the City.
Employee shall be responsible for maintaining any professional certifications recognized as
necessary or desirable in the performance of the duties hereLmder. The City agrees to pay the
annual professional dues and subscriptions necessary for full participation in national, regional,
state, or local associations and organizations necessary and desirable for the best interests of the
City, and for Employee's continued professional participation and advancement. To authorize the
City's annual costs related to Employee's continued professional development, the anticipated
costs must be included in the City's adopted or amended annual budget. The City Council is the
approval authority for the City's annual budget. At a minimum, that may include any professional
dues for membership with the ICMA, and the League of California Cities (LCC), as well as
including travel expenses and registration for attendance at the annual ICMA conference, the
annual LCC General Membership conference (LCC's Annual Conference), the annual LCC City
Manager Department conference, and the annual LCC New Mayor and Council Members
Academy.
6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave ("Annual
Leave") at an accrual rate of fifteen and seven one -hundredths (15.07) hours pro rata per pay
period. Employee's Annual Leave is inclusive of all other leave benefits including, but not limited
to, sick leave, executive leave, and vacation. Upon separation, for any reason, Employee shall be
entitled to one hundred percent (100%) of Employee's unused Annual Leave balance then existing,
at Employee's then current hourly rate of pay, subject to normal and proper withholdings as
determined by state and federal law, and shall be subject to payroll taxes, workers' compensation,
and other payroll -related liability costs in the same manner as other employees of the City.
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(a) Holiday Leave. Employee shall be granted the following twelve (12)
holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after
Thanksgiving Day, Christmas Eve and Christmas Day (twelve 8-hour days).
6.3 Health and Welfare Benefits. Employee shall be entitled to certain rights and
privileges no less than all other benefits that are generally accorded to City Department Directors
regarding health, welfare and benefits, as provided in the City Department Directors'
Memorandum of Understanding, and no less than as set forth in Exhibit "A" to this Agreement.
6.4 Retirement. Employee is believed to be a New Member/PEPRA, as defined by
Ca1PERS and as mandated by the Public Employees' Pension Reform Act of 2013. Employee
will be classified in the City's Tier II pension plan. Accordingly, Employee shall be entitled to
participate in the City's Ca1PERS Retirement Program with the 2% at 62 formula.
6.5 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month
as vehicle allowance to reimburse Employee for use of a personal vehicle in pursuit of
recognized official duties. The allowance will be paid in the regular payroll process with Salary
beginning with the first payroll paid subsequent to the Employee's commencement date
consistent with the payment method of allowances provided to other employees of the City. The
allowance is subject to normal and proper withholdings as determined by state and federal law
and shall be subject to payroll taxes and other payroll -related liability costs in the same manner
as other employees of the City. Employee shall be responsible for any personal income tax
that may result from that reimbursement.
6.6 Deferred Compensation. Employee is eligible to participate in the City's 457(b)
and 401(a) deferred compensation programs. Commencing January 2023, on or before the second
payroll check date of each calendar year the City will contribute the maximum amount allowed
under the law (including catchup provisions for employees 50 years or older) for that year to
Employee's 457(b) deferred compensation plan. Additionally, commencing January 2023, on or
before the second payroll check date of each calendar year the City will also contribute the
maximum amount allowed under the Public Employees' Pension Reform Act for that year to
Employee's 401(a) deferred compensation plan in an amount equal to the result of the following
formula: the difference between the Base Salary and the applicable pensionable compensation
limit, pursuant to Government Code section 7522.10, but in no event higher than the Code
401(a)(17) limit, multiplied by the applicable employer normal cost rate for the City's
miscellaneous plan as determined by Ca1PERS and set forth in the annual actuarial valuation
reports issued by CalPERS. This amount shall not be reported to Ca1PERS as pensionable
compensation and shall not be subject to any withholdings or taxes in accordance with Sections
3121(a)(5)(A) and 3401(a)(12)(A) of the Internal Revenue Code. If at anytime the City ceases
to participate in either a 457(b) or 401(a) plan, or is otherwise unable to make the contribution,
Employee's salary will be adjusted to include the balance of the unmade contribution.
6.7 Bonding. The City shall bear the full cost of any fidelity or other bonds required
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for Employee under any law or City ordinance.
6.8 Flexible Spending Account. The City provides a Flexible Spending Account
("FSA") program at Employee's sole cost and expense (employee cost may be income tax
deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA
program include childcare, medical expenses not covered by insurance plan, orthodontic work,
and similar qualifying expenses.
6.9 Business Equipment. The City will provide to Employee any job -related personal
tools or equipment, such as a computer, desk, land -line phone, file cabinets, table and chairs, that
serve the professional development of Employee and/or is needed to perform Employee's
functions and duties. Upon termination, for any reason, Employee shall return all business
equipment to the City no later than Employee's last day of employment. The City shall provide
a City -owned cell phone for City -related business and functions during, before and after normal
work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly
service plan, insurance, and replacement due to normal wear and tear. Employee shall follow the
inventory control procedures for portable devices such as laptops and cell phones consistent with
control procedures for other City employees. Employee may opt to receive a cellular
telephone/smartphone stipend of one hundred dollars ($100) per month in lieu of device and
service plan provided by City.
6.10 Additional compensation. The City Council may authorize and grant to Employee
additional compensation and/or benefits in the future as may be deemed appropriate. Such
additional compensation or benefits shall be made a part of this Agreement by written
Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to
provide otherwise.
7. Indemnification. To the extent mandated by the California Government Code, the City
shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim
or demand, or other legal action arising out of an alleged act or omission occurring in the
performance of Employee's services under this Agreement. This section shall not apply to any
intentional tort or crime committed by Employee, to any action outside the course and scope of
Employee's employment, or any other intentional or malicious conduct or gross negligence of
Employee.
8. Other Terms - Conditions of Employment. The City Council, in consultation with
Employee, shall establish any such other terms and conditions of employment as it may determine
from time to time, provided such terms and conditions do not exceed the maximum salary and
benefits approved by the City Council and are reduced to writing and signed by Employee and the
Mayor of the City.
9. General Provisions
9.1 Entire Agreement.
This Agreement represents
the
entire Agreement and
understanding between
the Parties and supersedes any and
all
other agreements and
understandings, either oral
or in writing, between the Parties
with
respect. to Employee's
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employment by the City and contains all of the covenants and agreements between the Parties with
respect to such employment. No ordinances or resolutions of the City governing employment,
including the Personnel System, shall apply unless specified herein. Each Party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
have been made by either Party, or anyone acting on behalf of either Party, which are not embodied
herein, and that no other agreement, statement or promises not contained in this Agreement shall
be valid or binding upon either Parry.
9.2 Amendment. This Agreement may be amended at any time by the mutual consent
of the Parties by an instrument in writing, which amendment shall require City Council approval.
9.3 Notice. Any notice or other communication required, or which may be given,
pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on
the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,
certified, registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice in
accordance with this section:
CITY:
City Clerk
City of Redlands
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
Redlands, CA 92373
EMPLOYEE:
Charles M. Duggan Jr.
Address on file with City
9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not
engage in any business or transaction or maintain a financial interest which conflicts, or reasonably
might be expected to conflict, with the proper discharge of Employee's duties under this
Agreement. Employee shall comply with all requirements of law, including but not limited to,
Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other
similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any
of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a
waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or
power at any one time or times be deemed a waiver or relinquishment of that right or power for all
or any other times.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California, which are in full force and effect as of the Effective Date
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of this Agreement.
9.8 Government Code Sections 53243 - 53243.4. Government Code sections 53243 -
53243.4 sought to provide greater transparency in local government and institute certain
limitations on compensation paid to local government executives. Those statutes require that
contracts between local agencies and certain employees include provisions requiring an
employee who is convicted of a crime involving an abuse of his office or position to provide
reimbursement to the local agency. Those statutes are incorporated herein by reference.
Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government
Code sections and all other applicable law as it exists as of the date of execution of this Agreement
and as such laws may be amended from time to time thereafter. Specifically, the following
Government Code sections are called out and hereby incorporated by this Agreement:
Section 53243. Reimbursement of paid leave salary required upon conviction of crime
involving office or position.
Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime
involving office or position.
Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving
office or position.
Section 53243.3. Reimbursement of non -contractual payments upon conviction or crime
involving office or position.
Section 53243.4. "Abuse of office or position" defined.
Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with
each of these provisions if any of these provisions are applicable to Employee, including that
Employee agrees any cash settlement or severance related to a termination Employee may receive
from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of Employee's office or position.
9.9 Independent Legal Advice. The City and Employee represent and warrant to
each other that each has received legal advice from independent and separate legal counsel
with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City
and Employee further represent and warrant that each has carefully reviewed this entire
Agreement and that each and every term thereof is understood and that the terms of this
Agreement are contractual and not a mere recital. This Agreement shall not be construed against
the Parry or its representatives who drafted it or who drafted any portion thereof.
9.10 Prohibition against Assignment. Neither this Agreement nor any right, privilege
or obligation of Employee hereunder shall be assigned or transferred by him without the prior
written consent of the City Council. Any attempt at assignment or transfer in violation of this
subsection shall, in the sole discretion of and at the option of the City Council, be null and void
and may be considered a material breach of this Agreement and "cause" for termination of this
Agreement.
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9.11 Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be
signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and
Employee has signed and executed this Agreement, all in triplicate.
CIT F RED ANDS
By -
Paul T. Barich, Mayor
ATTEST:
By: %aklx�
CcAne Donaldson, City Clerk
EMPLOYEE
By:
Charles M. Duggan, r.
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Exhibit "A"
Additional Benefits
• Medical Insurance — City pays the entire monthly premium for employees and their
eligible dependents through PERS Health
• Dental Insurance — City pays the entire monthly premium for employees and their
eligible dependents
• Vision Insurance - City pays the entire monthly premium for employees and their eligible
dependents
• $150 per year to offset medical insurance co -payments and/or deductibles
• Life Insurance - S25,000
• Accidental Death & Dismemberment Insurance - $25,000
• Eligible for State Disability Insurance — All costs paid by employee
• Credit Union
Employee Assistance Program
• Retiree Health
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LAa\AgrccmcntsTraploymcnt Agrecmems\City MmagerTherles M. Dagger Idv.3.5ma1.City Manager Employment Agreement September 2022.docxjn