HomeMy Public PortalAboutAgreement_2009-10-06_Jose PulidoEMPLOYMENT AGREEMENT
For the Position Of
CITY MANAGER
This Employment Agreement ("Agreement") is made and entered into this 6th day of
October 2009, by and between the CITY OF TEMPLE CITY ( "CITY"), a California charter city,
and JOSE E. PULIDO ("PULIDO"), an individual, on the following terms and conditions:
RECITALS
A. CITY desires to employ the services of PULIDO as City Manager of CITY ("City
Manager"), as provided for by the Temple City Municipal Code, in consideration of and subject to
the terms, conditions, and benefits set forth in this Agreement.
B. PULIDO desires to accept employment as City Manager in consideration of and
subject to the terms, conditions, and benefits set forth in this Agreement.
OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the parties agree as follows:
1. Position and Duties.
1.1 Position. PULIDO accepts employment with CITY as its City Manager and shall
perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement.
1.2 Period of Employment / Commencement Date. PULIDO's employment with CITY
shall be "at -will," which means either PULIDO or CITY may terminate the employment relationship
at any time, for any reason or no reason, with or without cause. PULIDO's employment shall be
subject to the provisions applicable to the office of the City Manager contained in the Temple's
City's Charter and Municipal Code, as they may be amended from time to time. PULIDO shall
commence the performance of his duties as the City Manager on October 26, 2009 ("Commencement
Date") or at such other date as the parties hereto shall agree in writing.
1.3 At -Will. PULIDO acknowledges that he is an at -will employee of CITY who shall
serve at the pleasure of the City Council at all times during the period of his service hereunder. To
the extent they conflict with this at -will status, the terms of CITY's personnel rules, policies,
regulations, procedures, ordinances, and resolutions, including without limitation CITY Resolution
07-4515 (collectively "Personnel Policies"), as they may be amended or supplemented from time to
time, shall not apply to PULIDO, and nothing in this Agreement is intended to, or does, confer upon
PULIDO any right to any property interest in continued employment, or any due process right to a
hearing before or after a decision by the City Council to terminate his employment, except as is
expressly provided in Section 5 [Termination] of this Agreement. Nothing contained in this
Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate
the services of PULIDO as provided in Section 5 [Termination]. Nothing in this Agreement shall
prevent, limit or otherwise interfere with the right of PULIDO to resign at any time from this
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position with CITY, subject only to the provisions set forth in Section 5 [Termination] of this
Agreement.
1.4 Duties. PULIDO shall serve as the City Manager and shall be vested with the
powers, duties and responsibilities set forth in Section 702 of the Temple City Charter and Section
2200 et seq. of Chapter 2 of Title 2 of the Temple City Municipal Code, as may be amended from
time to time, the terms of which are incorporated herein by reference. PULIDO shall provide service
at the direction and under the supervision of the City Council. It is the intent of the parties that the
City Manager shall keep the City Council fully apprized of all significant ongoing operations of
CITY. Toward that end, PULIDO shall report directly to the City Council and will periodically, or
as may be otherwise specifically requested by the City Council, provide status reports to the City
Council on his activities and those of CITY. It is the intent of the City Council for the City Manager
to function as the chief executive officer of CITY's organization. Without additional compensation,
PULIDO shall provide such other services as are customary and appropriate to the position of City
Manager, including serving as the Executive Director of the Temple City Redevelopment Agency,
Temple City Housing Authority, and the Financing Authority, together with such additional services
assigned from time to time by the City Council as may be consistent with California law and the
Temple City Charter and Municipal Code. PULIDO shall devote his best efforts and full-time
attention to the performance of these duties. Notwithstanding PULIDO's duties as City Manager,
nothing in this Agreement shall be construed to prohibit direct communications between the City
Council and employees of CITY in a manner that is consistent with the City's personnel rules,
administrative policies and City Council policies.
1.5 Hours of Work. PULIDO shall devote the time necessary to adequately perform his
duties as City Manager during the first year ending October 26, 2010. PULIDO shall be allowed
reasonable flexibility in setting his own office hours, provided that he has, to the extent reasonably
practical, an onsite presence at City Hall during each day City Hall is open for regular business and
that the schedule of such hours provides adequate availability to the City Council, CITY staff, and
members of the community during normal business hours for City Hall and for the performance of
his duties and of CITY business. In the second year, ending October 26, 2011, the City Council will
consider an adjustment of PULIDO's hours of work, provided PULIDO has met the goals and
priorities set by the City Council. The position of City Manager shall be deemed an exempt position
understate and federal wage and hour laws. PULIDO's compensation (whether salary or benefits or
other allowances) is not based on hours worked and PULIDO shall not be entitled to any
compensation for overtime.
1.6 Regional and Professional Activity. The City Council desires PULIDO to be
reasonably active in national, statewide, regional and professional organizations that will contribute
to City Manager's professional development and standing and that will contribute to the
advancement of CITY's interests and standing. Toward that end, PULIDO may, upon advance
notice to the City Council, undertake such activities as are directly related to his professional
development and that advance the interests and standing of CITY. These activities may include,
without limitation, participation in the California Contract Cities Association, California League of
Cities, ICMA, City Management Foundation, San Gabriel Valley City Manager's Association or
other similar national, statewide, regional or professional organizations, and periodic teaching
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assignments of limited duration at institutions of higher learning or professional instruction located
in Southern California, provided that such activities do not in any way interfere with or adversely
affect his employment as City Manager or the performance of his duties as provided herein. CITY
agrees to budget and, consistent with that budget, pay for the dues and subscriptions of the City
Manager necessary for his participation in national, statewide, regional or professional organizations.
CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement,
PULIDO's reasonable and necessary travel, business and subsistence expenses for the activities
described herein, except for the periodic teaching assignments described above which shall be
undertaken at PULIDO's own expense.
1.7 Other Activity. In accordance with Government Code Section 1126, during the
period of his employment, PULIDO shall not accept, without the express prior written consent of the
City Council, any other employment or engage, directly or indirectly, in any other business,
commercial, or professional activity (except as permitted under Section 1.6 [Regional and
Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with
CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the
business or operation of CITY or the satisfactory performance of PULIDO's duties as City Manager.
1.8 Reimbursement. CITY shall reimburse PULIDO for reasonable and necessary
travel, subsistence and other business expenses incurred by PULIDO in the performance of his
duties. All reimbursements shall be subject to and in accordance with California law and CITY's
adopted Employee Reimbursement Policy.
1.9 Residence. PULIDO is not required to live within the boundaries of CITY.
However, PULIDO agrees to maintain a permanent residence within a reasonable response time to
the Temple City Hall. The Parties agree that forty (40) minutes is a reasonable response time. In the
event of an emergency situation the parties agree that forty (40) minutes is a reasonable time during
normal business hours and sixty (60) minutes for evenings and weekends.
2. Compensation.
2.1 Base Salary. PULIDO shall receive an annual base salary of One Hundred Ninety -
Five Thousand Dollars and No Cents ($195,000.00) paid according to the payroll schedule in place
for CITY employees paid bi-weekly. Any and all adjustments to PULIDO's base salary
compensation will be obtained through negotiation with the City Council and are not governed by
CITY's Personnel Policies.
2.2 Performance Bonus. PULIDO shall become eligible to be considered for a
performance bonus in his second year of employment (commencing on the first anniversary of the
Commencement Date) and then annually thereafter. Award of a performance bonus to PULIDO
shall be at the sole discretion of the City Council. No performance bonus shall exceed ten percent
(10%) of PULIDO's base salary. The City Council will consider the award of a performance bonus
as part of PULIDO's annual evaluation described in Section 2.3 [Evaluation] below. In considering
whether to award PULIDO a bonus, the City Council will consider PULIDO's overall performance
as City Manager, including his leadership skills, professional ethics, progress in meeting, achieving
or exceeding City Council defined goals, priorities, activities, and programs, his involvement in
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local, regional, and statewide organizations beneficial to the City, and other factors the City Council
may find relevant.
2.3 Evaluation. Annually, and at a time agreed upon by the City Council and PULIDO
(which time shall be at least thirty (30) days before PULIDO's anniversary date, October 26), the
City Council will review and evaluate the performance of PULIDO as City Manager using an
experienced professional outside facilitator mutually agreed upon by the City Council and PULIDO.
The purpose of the review shall be to provide PULIDO with feedback on his performance, desired
areas of improvement, and progress in meeting, achieving, or exceeding City Council defined goals,
objectives, priorities, activities, and programs (collectively City Manager Work Program). During
PULIDO's first year of employment and before December 31, 2009, PULIDO shall meet with the
City Council to establish Goals for the following year. Failure of CITY to provide a performance
evaluation shall not limit CITY's ability to terminate this Agreement pursuant to Section 5
[Termination].
2.4 Deferred Compensation. During the period of employment, PULIDO shall be
entitled to participate in CITY's deferred compensation programs at PULIDO's own expense,
provided CITY continues to maintain these plans for CITY employees.
2.5 Benefits.
2.5.1 Health Insurance. CITY agrees to make available to PULIDO the same health,
dental and vision insurance coverage on the same terms as CITY makes available to CITY
employees, except that CITY agrees to pay 100% of the annual premiums for health, dental and
vision insurance coverage for PULIDO and his dependants. As regards health insurance only: (i)
during the first year of PULIDO's employment, CITY shall pay one hundred percent (100%) of the
premium for the Ca1PERS Blue Shield HMO plan (or equivalent plan provided by City) for PULIDO
and his dependents; (ii) beginning with the second year of employment and thereafter, CITY shall
pay one hundred percent (100%) of the CalPERS Blue Shield PPO plan (or equivalent plan provided
by CITY) for PULIDO and his dependents. The parties expect and acknowledge that PULIDO's
first year of employment with CITY will be completed in or around October 2010, approximately
the same time as the annual open enrollment period to change health insurance plans. CITY agrees
to fund contributions towards the annual premiums through a tax -advantaged health benefit
contribution account or similar funding vehicle. The terms and conditions of PULIDO's eligibility
for any post-retirement health insurance coverage shall be subject to the same terms and conditions
as other CITY employees.
2.5.2 Life Insurance. CITY agrees that during the period of employment it will
provide PULIDO with, and pay the annual premiums for, a term life insurance policy in an amount
equal to Five Hundred Thousand Dollars and No Cents ($500,000.00).
2.5.3 Disability Insurance. CITY agrees that during the period of employment it
will pay one hundred percent (100%) of the premium payments applicable to, and to otherwise permit
PULIDO to participate in, CITY's short-term and long-term disability insurance programs, which
currently require an eight (8) day waiting period following illness/injury before qualifying for short -
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term disability which lasts for up to six (6) months, with coverage thereafter converting to long-term
disability.
2.6 Vehicle Operation. In -lieu of an auto allowance or reimbursement for use of his
personal auto, PULIDO and CITY have agreed upon an adjusted base salary amount inclusive of any
such benefits. PULIDO agrees that he will keep, at his own expense, his own vehicle in reasonable
repair, shall obey all traffic laws relating to operation of the vehicle and shall use due care and
caution in its operation. PULIDO shall provide evidence of a liability insurance policy in an amount
of not less than one hundred thousand dollars ($100,000.00) naming CITY as an additional insured.
2.7 Jury Duty. The City Manager will receive full pay and benefits while responding to
a jury summons or serving on a jury, up to a maximum of fourteen (14) business days. Any
compensation for such jury duty (except travel pay) shall be remitted to CITY.
2.8 Business Related Equipment. CITY shall reimburse PULIDO at the rate of one
hundred twenty five dollars ($125) per month for a cell phone, or such personal data devise as is
currently in use within CITY (e.g. B1aekBerry, PDA IPhone or similar device), and a computer
(MacBook Pro).
3. Vacation and Other Leave.
3.1 Vacation Leave. PULIDO shall be eligible to accrue vacation leave at a total of four
weeks (20 days or 160 hours) per year of employment. The payroll period rate of vacation leave
shall accrue at a rate of 6.15 hours per payroll period. The maximum amount of vacation leave that
PULIDO may have at any time shall equal six weeks (30 days or 240 hours). If PULIDO's earned
but unused vacation leave reaches 240 hours, PULIDO will stop accruing vacation leave unless and
until the accrued vacation leave falls below 240 hours. Vacation leave will not be earned during the
period in which PULIDO's benefits are at such maximum amount. Upon approval of the Mayor and
concurrence of the Finance Director and City Attorney, PULIDO may sell back earned but unused
vacation leave once each quarter up to a maximum of 120 hours per calendar year. PULIDO shall be
paid the value of any earned and unused vacation leave at the time of separation of employment for
any reason.
3.2 Holidays. Paid holidays shall be in accordance with CITY's current practices and are
subject to change. Paid holidays will be those deemed authorized by CITY. The CITY currently
provides twelve (12) days paid holidays, including two (2) days floating paid holidays.
3.3 Administrative Leave. In addition to the paid leave described in 3.1 above,
PULIDO shall be entitled to a portion of five (5) days of administrative leave pro rated as of the
Commencement Date. Thereafter, PULIDO shall be entitled to five (5) days of administrative leave
on July 1 of each fiscal year following the Commencement Date in consideration of being required to
attend City Council meetings. Provided, however, that the maximum amount of administrative leave
that PULIDO may have at any time shall equal five (5) days . If PULIDO's earned but unused
vacation leave reaches five (5) days , PULIDO will stop accruing administrative leave unless and
until the accrued administrative leave falls below five (5) days. Upon approval of the Mayor and
concurrence of the Finance Director and City Attorney, PULIDO may sell back earned but unused
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administrative leave once each quarter up to a maximum of five (5) days (40 hours) per calendar
year. PULIDO shall be paid the value of any earned and unused administrative leave at the time of
separation of employment for any reason.
3.4 Sick Leave. hi addition to the paid leave described in 3.1 above, PULIDO shall
accrue sick leave at a rate of eight (8) hours per month for a maximum accrual of 96 hours. Such
annual grant of sick leave must be used by June 30 of the fiscal year in which it is granted. Granted
and unused sick leave shall not be carried over into the following year. No compensation shall be
provided for granted and unused sick leave and such granted and unused sick leave shall not be paid
out to PULIDO at the time of separation from employment. Unused administrative leave shall not be
converted into vacation leave or administrative leave.
4. Retirement.
PULIDO shall be enrolled in the State of California's Public Employees Retirement System
("CalPERS") in accordance with CITY's 2.5% at 55 plan. CITY shall pay both the full employer
and employee contribution (the employee's contribution paid by CITY is currently eight percent
(8%)). PULIDO shall be entitled to participate in the 1959 Survivor Benefit Plan. The City reports
the value of the Employer Paid Member's Contribution (EPMC) to CalPERS.
5. Termination.
5.1 By City Not for Cause. Except as is provided in Section 5.1.1 below, CITY may
terminate PULIDO for any reason, and at any time, with or without cause, by providing PULIDO
thirty (30) days prior written notice thereof together with the applicable "severance payment"
provided for below. In lieu of providing thirty (30) days prior written notice of termination, CITY
may place PULIDO on paid leave status during the thirty (30) day notice period or any portion
thereof. CITY may dismiss PULIDO notwithstanding anything to the contrary contained in or
arising from any Personnel Policies or past CITY practices relating to the employment, discipline, or
termination of its employees. In the first year of PULIDO's employment the calculation of the
"severance payment" shall equal nine (9) months base salary, less applicable deductions, plus
applicable accrued vacation and administrative leave as provided herein together with any extension
of benefits required under California law. Thereafter, on the anniversary of the Commencement
Date, the calculation of the "severance payment" shall increase by the equivalent of one (1) month of
base salary for each subsequent year of employment up to a maximum of the equivalent of twelve
(12) months of base salary. The maximum cash settlement PULIDO may receive for termination of
this Agreement shall not exceed the equivalent of twelve (12) months of base salary. This provision
is intended to comply with Government Code Sections 53260 and 53261.
5. 1.1 Termination After Seating of New Councilmember. PULIDO may not be
terminated, except for cause, within ninety (90) days of the seating of a new CITY Councilmember.
5.2 By Employee. PULIDO may terminate his employment for any reason, and at any
time, with or without cause, by providing CITY with thirty (30) days advance written notice. CITY
shall have the option, in its complete discretion, to make PULIDO's termination effective at anytime
prior to the end of such period, provided CITY pays PULIDO all compensation due and owing him
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through the last day actually worked, plus an amount equal to the base salary PULIDO would have
earned through the balance of the thirty (30) day notice period.
5.3 By City for Cause. CITY may immediately terminate this Agreement at any time by
providing PULIDO written notice of his termination for cause. No severance shall be paid in the
event PULIDO's employment is terminated for cause, except that CITY shall pay PULIDO for his
accrued and unused vacation and administrative leave, as provided for in this Agreement. For
purposes of this Agreement, cause for termination shall include, but not be limited to, the following:
theft or attempted theft; material dishonesty; willful or persistent material breach of duties; engaging
in unlawful discrimination or harassment of employees or any third party while on CITY premises or
time; conviction of a felony; engaging in conduct tending to bring embarrassment or disrepute to
CITY and unauthorized absences. PULIDO expressly waives any rights provided for Administrative
Personnel under CITY's Personnel Policies, any rights provided for the City Manager or
Administrative Personnel under the Temple City Municipal Code or under State or Federal law to
any form of pre or post -termination hearing, appeal, or other administrative process pertaining to
termination, except when PULIDO has a California or federal constitutional right to a name clearing
hearing.
5.4 Termination Obligations. PULIDO agrees that all property, including, without
limitation, all equipment, tangible Proprietary Information (as defined below), documents, records,
notes, contracts, and computer-generated materials furnished to or prepared by him incident to his
employment belongs to CITY and shall be returned promptly to CITY upon termination of
PULIDO's employment. PULIDO's obligations under this subsection shall survive the termination
of his employment and the expiration of this Agreement.
5.5 Benefits Upon Termination. All benefits to which PULIDO is entitled under this
Agreement shall cease upon PULIDO's termination in accordance with this Section 5, unless
expressly continued either under this Agreement, under any specific written policy or benefit plan
applicable to PULIDO, or unless otherwise required by law.
6. Proprietary Information.
"Proprietary Information" is all information and any idea pertaining in any manner to the
business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates,
which was produced by any employee of CITY in the course of his or her employment or otherwise
produced or acquired by or on behalf of CITY. Proprietary Information shall include, without
limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software
and other computer programs, copyrightable material, marketing plans, strategies, sales, financial
reports, forecasts, and customer lists. All Proprietary Information not generally known outside of
CITY's organization, and all Proprietary Information so known only through improper means, shall
be deemed "Confidential Information." During his employment by CITY, PULIDO shall use
Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY
and as is or maybe necessary to perform his job responsibilities under this Agreement. Following
termination, PULIDO shall not use any Proprietary Information and shall not disclose any
Confidential Information, except with the express written consent of CITY. PULIDO's obligations
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under this Section shall survive the termination of his employment and the expiration of this
Agreement.
7. Conflict Of Interest.
PULIDO represents and warrants to CITY that he presently has no interest, and represents
that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in
any manner or interfere in any way with performance of his services under this Agreement.
8. General Provisions.
8.1 Notices. All notices, requests, demands and other communications under this
Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days
after deposit in the United States mail, postage prepaid, certified or registered, and addressed to
CITY at the address below, and or at the last known address maintained in PULIDO's personnel file.
PULIDO agrees to notify CITY in writing of any change in his address during his employment with
CITY. Notice of change of address shall be effective only when accomplished in accordance with
this Section.
City's Notice Address:
City of Temple City
9701 Las Tunas Drive
Temple City, CA 917803
Attn: Mayor and City Council
City Manager's Address: [Deliver to last updated address in personnel file]
8.2 Indemnification. Subject to, in accordance with, and to the extent provided by the
California Tort Claims Act [Government Code Section 810 et seq.] CITY will indemnify, defend,
and hold PULIDO harmless from and against any action, demand, suit, monetary judgment or other
legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any
act or omission occurring during PULIDO's tenure as City Manager.
8.3 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of
the City Manager under any law or ordinance.
8.4 Integration. This Agreement is intended to be the final, complete, and exclusive
statement of the terms of PULIDO's employment by CITY. This Agreement supersedes all other
prior and contemporaneous agreements and statements, whether written or oral, express or implied,
pertaining in any manner to the employment of PULIDO, and it may not be contradicted by evidence
of any prior or contemporaneous statements or agreements. To the extent that the practices, policies,
or procedures of CITY, now or in the future, apply to PULIDO and are inconsistent with the terms of
this Agreement, the provisions of this Agreement shall control.
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8.5 Amendments. This Agreement may not be amended except in a written document
signed by PULIDO, approved by the City Council and signed by CITY's Mayor or designee.
8.6 Waiver. Failure to exercise any right under this Agreement shall not constitute a
waiver of such right.
8.7 Assignment. PULIDO shall not assign any rights or obligations under this
Agreement. CITY may, upon prior written notice to PULIDO, assign its rights and obligations
hereunder.
8.8 Severability. If a court or arbitrator holds any provision of this Agreement to be
invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
8.9 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to
enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs.
8.10 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California, with venue proper only in Los Angeles County, State of
California.
8.11 Interpretation. This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor of or against any party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the party receiving a benefit nor against the party
responsible for any particular language in this Agreement. Captions are used for reference purposes
only and should be ignored in the interpretation of the Agreement. This Agreement may be altered,
amended or modified only by an instrument in writing, executed by the parties to this Agreement and
by no other means. Each party waives their future right to claim, contest or assert that this
Agreement was modified, cancelled superseded or changed by any oral agreement, course of
conduct, waiver or estoppel.
8.12 Acknowledgment. PULIDO acknowledges that he has had the opportunity to consult
legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is
fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his
own judgment and not on any representations or promises other than those contained in this
Agreement.
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IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on
its behalf by its Mayor and duly attested to by its City Clerk, and PULIDO has signed and executed
this Agreement, as of the date first indicated above.
CITY MANAGER
Jos'A. Pulido, City Manager
ATTEST
t ,
rt
Mary Fl drick, City Clerk
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CITY OF TEMPLE CITY
Fernando Vizc a, aver
APPROVED AS TO FORM
Eric S. ail, City Attorney