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HomeMy WebLinkAboutForbis, Jimmy - Interim City Administrator Employment AgreementFINAL AGREEMENT \RSH\756533.2 032408-04706124 Employment Agreement This Employment Agreement is made and entered into this 6th day of April, 2020, by and between the CITY OF GILROY, California, a municipal corporation, (hereinafter called "Employer") and JIMMY FORBIS, (hereinafter called "Employee"), both of whom agree as follows: Section 1: Term This agreement shall remain in full force and effect from March 13, 2020 until terminated as provided in Sections 6 or 7 of this agreement. Section 2: Duties and Authority Employer employs Jimmy Forbis as Interim City Administrator to perform the functions and duties specified in the City of Gilroy charter and to perform other legally permissible and proper duties and functions. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $220,716.00 payable in monthly installments ($18,393.00) on the first business day of the month for the prior month of service. B. Effective July 1, 2020, the annual base salary shall increase to $227,328.00 payable in monthly installments ($18,944.00) consistent with the three percent (3%) salary increase already approved for unrepresented department head positions. C. Other than the above, there is no guarantee or promise of any increase or the amount thereof. Section 4: Benefits, Vacation and Leaves of Absence A. Except as specifically provided herein, Employer agrees to provide Employee the same benefits he received while serving as Finance Director. B. For the term of this agreement, the Employee shall accrue vacation at the rate of 15 days (120 hours) per working year (accrued at rate of 10 hours per month). C. For the term of this agreement, the Employee shall receive an additional three days (24 hours) of paid administrative leave to use during either fiscal year 2020 or fiscal year 2021. If these hours are not used in fiscal year 2020, this additional 24 hours shall carry over to fiscal year 2021. Section 5: Use of City Pool Vehicle For the term of this agreement, Employer agrees to assign Employee, a city pool vehicle to utilize for City of Gilroy business. In addition, Employee may take vehicle home (Morgan Hill, CA) and may drive vehicle to and from work. Section 6: Involuntary Termination For the purpose of this agreement, involuntary termination of employment shall occur: DocuSign Envelope ID: E5FE99B0-C97A-4CE1-9D3C-BAA774A92546 FINAL AGREEMENT 2 \RSH\756533.2 032408-04706124 A. Upon the death or continued inability of Employee to perform the essential functions and duties of the job for a period greater than twelve-work weeks in any twelve-month period, whether such inability results from Employee's physical or mental disability, or a serious health condition, unless a longer disability period is agreed to by the City Council. B. Following a vote by a majority of the City Council to terminate the Employee which vote occurs at a duly authorized public meeting. If the City Council is not able to provide Employee with thirty (30) days’ notice, the Employer shall continue to compensate the employee as described by this agreement for a period of thirty (30) days. C. If the Employee resigns following an offer made by a majority of the City Council to accept resignation. Section 7: Resignation and Return Rights to Finance Director Position In the event that Employee voluntarily resigns his position with Employer, he shall provide a minimum of thirty (30) days’ notice unless the parties agree otherwise. In the event of a full resignation from all City of Gilroy employment, Employer shall owe Employee nothing other than amounts that may be due to Employee for salary earned as of the date of termination, and accrued but unused vacation or leaves. Upon notice of resignation, Employer shall have the option of relieving Employee of his duties and responsibilities prior to the effective date of resignation, provided that Employer continues to pay all amounts due to Employee for salary and benefits through and including the date of resignation. As an alternative to a full resignation from all City of Gilroy employment, the Employee has the option to resign from the Interim City Administrator position providing same thirty (30) days’ notice to Employer and return to the department head position of Finance Director with the salary and benefits associated with the Finance Director position had Employee not taken the Interim City Administrator appointment. Section 8: Indemnification A. A. To the fullest extent permitted by law, Employer shall defend, save harmless and indemnify Employee against any and all claims, losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by 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 his duties. Said duty to defend , indemnify and save harmless shall include, without limitation, any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, that is asserted by a third -party other than the Employer and arises out of an alleged act or omission occurring in the performance of Employee's duties or resulting from his exercise of judgment or discretion in connection with the performance of his duties or responsibilities, unless the act or omission involved Employee's criminal act, intentional misconduct, or willful or wanton misconduct. The Employee shall promptly give written notice of any claim, threatened claim or litigation. Provided that prompt written notice is given, Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation with legal counsel selected by Employer at Employer's expense and subject to Employee's approval of the choice of legal counsel, which approval shall not be unreasonably withheld. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including all appeals brought by either party, and will be provided under a reservation of rights to not pay any judgment, compromise or settlement if it is established by a judicial decision or jury verdict after completion of all appeals that the claim arose out of an act that fell outside the scope of Employee's duties and employment or was the result of a criminal act, DocuSign Envelope ID: E5FE99B0-C97A-4CE1-9D3C-BAA774A92546 FINAL AGREEMENT 3 \RSH\756533.2 032408-04706124 or willful or wanton misconduct of the Employee. B. Any settlement or compromise of any claim must be made with prior approval of Employer, which approval shall not be unreasonably withheld or delayed in order for indemnification, as provided in this Section, to be available. C. The duty of defense shall include reimbursement of any out-of-pocket expenses incurred by Employee in connection with his service as a witness, party or other participant in litigation, whether such service occurs during or after the termination of Employment. D. Any duty of Employer to defend or indemnify Employee is contingent upon Employee's full, open and honest cooperation with defense counsel for Employer and Employee. Said duties of defense, indemnity and cooperation shall survive the termination of employment under this Agreement. E. Employer may elect, at its expense, to obtain policies of insurance that provide coverage for liabilities that are the subject to the foregoing indemnification and defense provisions. The contractual indemnity and defense provisions set forth above are in addition to any defense or indemnity that may be provided to Employee under any contract of insurance, and are not intended to in any way limit , waive or relinquish any right to defense or coverage from a third -party insurer. Section 9: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 10: 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: (1) EMPLOYER: City of Gilroy, Attention: Mayor, 7351 Rosanna Street, Gilroy, CA 95020 (2) EMPLOYEE: Jimmy Forbis, 17010 Holiday Drive, Morgan Hill, CA, 95037 Alternatively, notice required pursuant to this Agreement may be personally given by hand-delivery to the designated person. 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 11: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding and agreement 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 DocuSign Envelope ID: E5FE99B0-C97A-4CE1-9D3C-BAA774A92546 FINAL AGREEMENT 4 \RSH\756533.2 032408-04706124 their heirs, assigns, executors, personal representatives and successors in interest. C. Severability. The invalidity or partial invalidity of any portion of this Agreement will n ot 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. D. This agreement was the subject of negotiation in which each side was advised by professional advisors of his/its own choosing. Accordingly, any presumption that any provision of this agreement should be construed for or against one side or the other is expressly disclaimed. E. This Agreement is entered into under the laws of the State of California, and venue for any action concerning this Agreement shall be limited to the Superior Court of the Cou nty of Santa Clara. Employer and Employee have both read and understand and agree to the provisions of California Government Code Sections 53243 through 53243.4, which are required by law to be included in this Agreement. Said provisions are incorporated into this Agreement by reference as though set out in full herein. Executed at Gilroy, California, on the date and year first above written. EMPLOYEE: EMPLOYER: JIMMY FORBIS ROLAND VELASCO, MAYOR By: ____________________________ By: _____________________________ APPROVED AS TO FORM: ATTEST: _________________________________ ________________________________ City Attorney City Clerk DocuSign Envelope ID: E5FE99B0-C97A-4CE1-9D3C-BAA774A92546