HomeMy WebLinkAboutReso 03-2023 (23-10)
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AMENDED AND RESTATED
CITY CLERK EMPLOYMENT AGREEMENT
THIS AMENDED AND RESTATED CITY CLERK EMPLOYMENT
AGREEMENT (“Agreement”) is made and entered into in South San Francisco,
California, this ___ day of __________, 2023 (“Effective Date”), by and between the
CITY OF SOUTH SAN FRANCISCO, a municipal corporation, hereinafter referred
to as “CITY”, and ROSA GOVEA ACOSTA, an individual, hereinafter referred to as
"ACOSTA" (collectively referred to herein as “Parties”) :
WITNESSETH:
WHEREAS, ACOSTA is the duly elected City Clerk of the City and has
served in this role since December 11, 2018. CITY and ACOSTA entered into a City
Clerk Employment Agreement effective March 13, 2019. ACOSTA was reelected to
the position of City Clerk at the November 2022 General Municipal Election. The
City Council recognizes that ACOSTA is an individual who has the education,
training, and experience in local government management to serve in the position of
City Clerk; and
WHEREAS, CITY and ACOSTA desire to enter into this AMENDED AND
RESTATED CITY CLERK EMPLOYMENT AGREEMENT to outline the
compensation and benefits that ACOSTA will continue to receive from CITY in
exchange for her service as City Clerk; and
WHEREAS, ACOSTA desires to accept the compensation and benefits under
the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of this Agreement, and the mutual
promises, covenants and stipulations herein contained, the Parties hereto agree as
follows:
SECTION 1. EMPLOYMENT:
Pursuant to her election by the voters of CITY, ACOSTA serves as the City
Clerk of CITY and carries out all of the duties, powers and responsibilities of City
Clerk, specifically prescribed in State law, including California Government Code
Sections 40800, and the Municipal Code.
SECTION 2. TERM:
The term of this Agreement shall commence on December 13, 2022 and shall
remain in place for as long as ACOSTA is the duly elected City Clerk or until the
office becomes vacant in accordance with California Government section 36502.
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SECTION 3. SALARY:
A. CITY agrees to pay ACOSTA an annual base salary of one hundred
sixty-one thousand seven hundred and sixty-one dollars ($161,761) payable in
installments at the same time as other employees of the CITY in the Executive
Management Unit.
No later than March 1, 2023 the City shall conduct a total compensation
survey for the City Clerk position utilizing the parameters and benchmark cities used
for Executive Management Unit. Adjustments to base salary shall be take into
consideration both market position and internal alignment. The results of the survey
will be presented to the City Council by March 8, 2023. Any agreed compensation
adjustments shall be approved by City Council and retroactive to December 13, 2022.
B. Consistent with Article 2 of the Executive Management Compensation
Plan, ACOSTA shall receive the same across-the board base salary increases, and
one-time recognition payments, if any, as provided to the Executive Management
Unit for the duration of her term as City Clerk.
SECTION 4. RETIREMENT:
A. As of February 1, 2001, ACOSTA has been covered by the retirement
program (i.e., Public Employees' Retirement System - P.E.R.S.) by which all other
"Miscellaneous Employees" of the CITY are covered.
B. ACOSTA is enrolled in the CalPERS retirement system as a classic
Miscellaneous Employee first hired by the City prior to April 24, 2010, which
provides that ACOSTA is entitled to receive benefits in accordance with the 2.7% at
55 formula. ACOSTA’s contribution shall be calculated in accordance with PERS
laws and regulations and CITY’s contract with CALPERS.
C. CITY participates in Social Security and Medicare. ACOSTA shall
have her statutory contribution to Social Security and Medicare deducted from her
paycheck for her share and the CITY will pay its share of Social Security and
Medicare.
D. Subject to the terms and conditions of the CITY’s Deferred
Compensation Plan and IRS rules, ACOSTA may participate in the CITY’s section
457 Deferred Compensation Plan and 125 Flexible Benefit Plan.
E. As ACOSTA began her employment with the City in 2001, ACOSTA
is entitled to retiree medical benefits as provided to other eligible Executive
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Management Group members in accordance with the terms of the Executive
Management Group Compensation Plan Section 4.10 at the same level and on the
same terms as exist now or may be applicable in the future for all other retirees.
SECTION 5. OTHER BENEFITS:
A. ACOSTA shall be entitled to and shall receive the same employment
benefits as provided in the Executive Management Compensation Plan,. The City
agrees to provide the same vision, dental and comprehensive medical insurance as is
provided in the Executive Management Compensation Plan.
B. The City shall maintain and make required premium payments on
behalf of ACOSTA for the same short term and long-term disability coverage as
provided in the Executive Management Compensation Plan.
C. The City shall provide ACOSTA with the same Life and Accidental
Health and Dismemberment Insurance, Retirement Health Savings and Executive
Wellness, Executive Management Professional Development Allowance, Education
Expense Reimbursement Program benefits as is provided in the Executive
Management Compensation Plan.
D. ACOSTA shall be entitled to accrue Holiday, Vacation, Administrative,
floating holiday, and sick leave set forth and at the rate specified. ACOSTA’s tenure
in public service has been considered to determine the vacation accrual rate. As a
result, vacation accrual rate shall start at the accrual rate equal to that of an employee
with 19 years of City service, as specified in the Executive Management
Compensation Plan, which is currently 200 hours per year, 7.69 hours accrued
incrementally each pay period. Rates of accrual, accrual caps, forfeiture and payouts of
unused leave time shall be as provided in the Executive Management Compensation Plan.
in the Executive Management Compensation Plan.
E. ACOSTA shall be entitled to administrative leave as provided pursuant
to the Executive Management Compensation Plan, which is currently eighty (80)
hours per year..
F. ACOSTA is entitled to receive a monthly automobile allowance as
specified in the Executive Management Compensation Plan.
G. CITY shall pay for the professional dues and subscriptions of
ACOSTA necessary for her continuation and full participation in appropriate
professional organizations, subject to available budgeted funds.
H. CITY shall pay for the professional memberships of various
professional and service organizations. In addition, other organizations sponsor and
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offer short courses, institutes, seminars, and the like, which would be beneficial to
ACOSTA’S professional development. ACOSTA’S travel, subsistence, and other
related expenses shall be reimbursed consistent with applicable City policy and
available budgeted funds.
I. Benefits as outlined above shall continue to be in effective from the
first day of employment, December 11, 2018 and re-election, November 8, 2022.
SECTION 6. INDEMNIFICATION AND BONDING:
A. CITY shall defend, hold harmless and indemnify ACOSTA 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 performance of
ACOSTA’s duties in accordance with the provisions of California Government Code
section 825. ACOSTA’s conviction for a felony or misdemeanor shall be a basis for
CITY'S exemption of this indemnification. CITY may compromise and settle any
such claim or suit and pay the amount of any settlement or judgment rendered
therefrom.
B. CITY shall bear the full cost of any fidelity or other bonds required of
ACOSTA under any law or ordinance.
SECTION 7. NOTICES:
Notices pursuant to this Agreement shall be given by deposit in the United
States Postal Service, postage prepaid, addressed as follows:
(1) CITY: Mayor
City of South San Francisco
P.O. Box 711 - 400 Grand Avenue
South San Francisco, California 94083
(2) ACOSTA: Rosa Govea Acosta, MMC
City Clerk
P.O. Box 711 - 400 Grand Avenue
South San Francisco, California 94083
Alternatively, notices required pursuant to this Agreement may be personally served
in the same manner as applicable to civil judicial process. Notice shall be deemed
given as of the date of personal service or as of the date of deposit of such written
notice in the United States Postal Service.
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SECTION 8. ATTORNEY'S FEES:
In the event it becomes necessary for either CITY or ACOSTA to bring a
lawsuit to enforce any of the provisions of this Agreement, the parties agree that a
court of competent jurisdiction may determine and fix a reasonable attorney's fee to
be paid the prevailing party.
SECTION 9. GENERAL PROVISIONS:
A. The text herein shall constitute the entire Agreement between the
Parties.
B. This Agreement shall be binding upon and inure to the benefit of the
heirs at law and executors of ACOSTA.
C. This Agreement shall become effective commencing on the Effective
Date.
D. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected, and shall remain in
full force and effect. Further, the parties shall meet and confer in good faith to devise
alternative language to replace the unconstitutional, invalid or unenforceable term and
shall amend this Agreement in writing to include such new term.
E. This Agreement may only be amended in writing upon mutual
agreement of the Parties.
[Signatures on the following page]
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IN WITNESS THEREOF, the City of South San Francisco has caused this
Agreement to be signed and executed on its behalf by the Mayor and duly attested by
its Assistant City Clerk, and ACOSTA has signed and executed this Agreement.
CITY OF SOUTH SAN FRANCISCO
By: ___________________________
Flor Nicolas, Mayor,
City of South San Francisco
ROSA GOVEA ACOSTA
By: ___________________________
Rosa Govea Acosta, MMC
City Clerk
ATTEST:
______________________________
Assistant City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
5255537.6