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HomeMy WebLinkAboutCO 2025-193 - Elisa Claire Cox City of Rancho C canonga CONTRACT NUMBER 1 2025 - Iq 3 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into and shall be effective as of the 1st day of December 2025, by and between the CITY OF RANCHO CUCAMONGA, California, a Municipal Corporation, hereinafter called the "City"and ELISA CLAIRE COX, hereinafter called "Employee." RECITALS 1. City desires to retain the services of Employee in the position of City Manager, and Employee desires to be employed as City Manager of the City; 2. The City Council desires to: A. Encourage the highest standards of fidelity and public service on the part of Employee; B. Provide a just means for terminating Employee's employment and this Agreement when City or Employee may desire to do so; 3. The parties further desire to establish the Employee's conditions of employment. NOW,THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City hereby employs Employee as City Manager of City,Appointing Authority of the Rancho Cucamonga Fire District, and Executive Director of the Rancho Cucamonga EIFD Public Financing Authority to perform the functions and duties of the City Manager,Appointing Authority, and Executive Director as specified in City's Municipal Code and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign to Employee. Employee agrees to devote Employee's full time and effort to the performance of this Agreement and to remain in the exclusive employ of City and not to become otherwise employed while this Agreement is in effect without the prior written approval of the City Council. 2. Ethical Commitments.The Employer expects the Employee to adhere to the highest professional standards.The Employee's actions will always comply with those standards.The Employee agrees to follow the Code of Ethics of the International City/County Management Association (ICMA)and the ethics rules, regulations, and laws of the State of California. Consistent with the standards outlined in the City's Municipal Code,the Employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Neither the governing body nor any individual member thereof shall request Employee to endorse any candidate, make any financial contribution, sign or circulate any election-related petition, or participate in any fundraising activity for individuals seeking or holding elected office, nor to handle any matter of personnel other than in accordance with applicable laws, policies, and regulations. Should employee be terminated for not fulfilling request that violate the ethical commitments outlined in this section, it shall be considered"without Cause". 3. Hours of Work. Employee shall maintain a regular work schedule consistent with that approved by the City Council for other Executive Management employees of the City. Employee's duties may involve expenditures of time in excess of forty(40) hours per week and may also include time outside normal office hours such as attendance at City Council meetings. Employee shall not be entitled to additional compensation for such time.The parties agree that Employee's occasional absences from City Council meetings may be excused in accordance with Section 2.08.130 of the Rancho Cucamonga Municipal Code. 4. Term.This Agreement shall be effective December 1, 2025, and will remain in force and effect until terminated as provided in Section 12. 5. Salary. A. The City shall pay Employee for the performance of Employee's duties as City Manager under this Agreement, a monthly salary starting at$26,667. Salary and/or benefit adjustments shall be considered by the City Council annually in conjunction with Employee's annual performance evaluation pursuant to Section 9 of this Agreement. B. Employee shall receive non-merit increases in the same amount and at the same time as that provided to other Executive Management employees. C. Non-merit and Base Salary increases approved by the City Council, pursuant to this Agreement, shall not require an amendment to this Agreement to be effective. Such may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution. Notwithstanding the foregoing, City shall comply with the requirements of Government Code Section 54953(c)(3), as that statute may be amended from time to time. D. City shall not, at any time during the term of this Agreement, reduce Employee's salary or benefits unless such reduction is imposed across-the- board for all Executive Management employees of the City. E. Employee shall pay seven percentage points of her PERSable compensation towards the CaIPERS member contribution.There will be no Employee Paid Member Contribution (EPMC). i. It is understood that all contributions paid by Employee as described in this section shall be calculated based upon the full base salary of Employee, plus any additional PERSable compensation. ii. The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. 6. Benefits. Employee shall receive the same benefits, including leave accruals and cash out provisions, holidays and other benefits on the same terms and conditions as provided to other Executive Management employees,with the following exceptions: A. Deferred Compensation -City shall contribute 5% more than the highest amount provided to any other Executive Management employee into the employee's 401(a) plan. B. City shall contribute 5% more than the highest amount provided to any other Executive Management employee into Employee's 457 plan. C. The City shall contribute 3%of Employee's base salary into a Retirement Health Savings Program. D. Employee shall have a separate City Manager Employee Wellness benefit allowing for an annual full-day executive wellness physical examination at either Keck Medicine of USC or Loma Linda University Health or other medical institution provided to the Executive Management Group. 7. General Expenses and Business Equipment. City recognizes that certain expenses of a non-personal and job-related nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are authorized by the City budget, and which are supported by expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City. 8. Official and Professional Development. City shall pay reasonable sums for professional dues and subscriptions for Employee necessary in the judgment of the City Council for Employee's continued participation in associations and organizations, which memberships are necessary and desirable for the continued professional development of Employee and for the good of the City, such as the League of California Cities, International City/County Management Association, and California City Management Foundation. Notwithstanding the foregoing,the City Council shall have discretion to establish appropriate amounts, in the annual City budget or otherwise,for official and professional development expenses and travel costs. 9. Performance Evaluation.The City Council shall review and evaluate Employee's performance annually each year starting in the third quarter of the year. 10.Indemnification. City shall defend, hold harmless, and indemnify Employee against any claim, demand,judgment, or action of any type or kind arising within the course and scope of Employee's employment to the extent required by Government Code Sections 825 and 995. 11.Other Terms and Conditions of Employment. A. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Municipal Code, or other applicable law. B. The provisions of the City's Personnel Rules and Regulations("Rules") shall apply to Employee to the extent they explicitly apply to the position of City Manager, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail.Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Employee a property right in Employee's employment or a right to be discharged only upon cause during Employee's tenure as City Manager.At such times as Employee is serving as City Manager, Employee is an at-will employee serving at the pleasure of the Council and may be dismissed at anytime with or without cause, subject only to the provisions of this Agreement. C. Employee shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes. 12.Termination of Employment and this Agreement; General Release;Severance: A. If City terminates this Agreement(thereby terminating Employee's employment)without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, and if Employee signs, delivers to the City Council,and does not revoke, a General Release Agreement proposed by the City, City shall pay Employee her then Base Salary for twelve (12) months, and shall provide twelve(12) months of health (medical, dental, and vision) benefits continuing under the benefit plans in which Employee and her dependents are then enrolled (the cash payment and continuing benefits, collectively "Severance"). B. If City terminates this Agreement(thereby terminating Employee's employment)with Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, Employee shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms ("Accrued Salary and Benefits").As used in this Agreement, Cause shall only mean any of the following: i. Conviction of, or plea of guilty or nob contendre to, any crime or offense (other than minor traffic violations or similar offenses)which is likely to have an adverse impact on the City or on the Employee's ability to carry out her duties; ii. Failure of the Employee to observe or perform any of her duties and obligations; iii. Conviction of any crime involving an"abuse of office or position,"as that term is defined in Government Code Section 53243.4; iv. Failure to carry out a lawful directive or directives of the City Council made by the City Council as a body at a Brown Act compliant meeting; v. Dishonesty involving employment; vi. A breach of this agreement; and vii. Any negligent action or inaction by Employee that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or(c)violates City's properly established rules or procedures. C. In the event the City terminates the Employee for any reason or no reason, the City and the Employee agree that no member of the City Council,the City Management staff, nor the Employee, shall make any written, oral or electronic statement to any member of the public,the press, or any City employee concerning the Employee's termination except in the form of a joint press release or statement,the content of which is mutually agreeable to the City and the Employee. The joint press release or statement shall not contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry. D. In no event may Employee be terminated within ninety(90)days before or after any municipal election for the selection or recall of one or more of the members of the City Council. E. If, during the Term or any extended Term, Employee dies, Employee's estate shall receive Accrued Salary and Benefits but shall not be entitled to any additional compensation or payment, including Severance. F. In the event Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, or mental incapacity for a period of three (3)consecutive months beyond any provided sick leave,the City may terminate Employee's employment and this Agreement. G. Employee may resign from her employment at any time, upon giving forty-five (45) days written notice to the City Council. 13.General Provisions. A. This Agreement constitutes the entire agreement between the parties. City and Employee hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.This Agreement may be amended only by a writing signed by Employee, approved by the City Council, and executed on behalf of the City. B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable,the remainder of the Agreement shall be deemed severable and shall not be affected and shalt remain in full force and effect. C. This Agreement may be terminated by City upon delivery of notice to Employee,with or without cause, subject only to the requirements of section 12 above. Notice of termination (Employee's resignation)to City shalt be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to City as follows: Mayor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Any notice to Employee shall be given in a like manner, and, if mailed,shalt be addressed to Employee at the address then shown in City's personnel records. For the purpose of determining compliance with anytime limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or(b)on the second (2nd)calendar day after mailing, if mailed in the manner provided in this section to the party to whom notice is to be given. Notwithstanding the forgoing,this Agreement shall automatically terminate on the death or permanent disability of Employee. Employee agrees to give City not less than 45 calendar days'written notice of her resignation.The City also agrees to provide Employee written notice of intent to terminate not less than 45 calendar days of the effective date of her termination. Further, Employee shall not be removed from office, other than for cause, during or within a period of ninety days succeeding any general or special municipal election in which a new city councilmember is elected, or when a new city councilmember is appointed. D. If an action at law or in equity is necessary to enforce or interpret this Agreement,the prevailing party in that action shall be entitled to reasonable and actual attorneys'fees and costs with respect to the prosecution or defense of the action. E. Awaiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver by the City and the City shall be free to enforce any term or condition of this Agreement with or without notice to Employee notwithstanding any prior waiver of that term or condition. This Agreement is entered into this a-0 day of f fade d.0 , 2025. CITY OF RANCHO CUCAMONGA• v r By: , Mayor L. Dennis ichael City Manager Elise C. ox itAtte �i/ . __-. /- C / Approved as to Form: a City Attorney