2001-125-Approving Employment Agreement Between The Town Of Los Gatos And Clerk AdministratorItESOI,UTION 2001 -125
.RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING EMPLOYMENT AGREEMENT BETWEEN
THE TOWN OF LOS GATOS .AND CLERK ADMINISTRATOR
BE IT RESOLVED, and it is hereby resolved by the Town Council of the Town of
Los Gatos, County of Santa Clara, .State of California, that the Town of Los Gatos enter into the
Employment Agreementwith the Clerlc Administrator (a copy of which is attached hereto as Exhibit
A); and
BE IT FURTHER RESOLVED, thatthe Mayor is authorized and is hereby directed
to execute said :Employment Agreement in the name of and on behalf of the Town of Los Gatos.
PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5`" day of November, 2001 by the following vote:
COUNCIL MEMBERS.:
AYES: .Randy Attaway, Steven Blanton, Sandy Decl~er, Steve Glickman,
Mayor Joe Pirzynski.
NAYS : None
ABSENT: None
ABSTAIN: None ./~'
SIGNED: G
MAYOR OF THE TOWN OF -LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN O S GAT08
LOS GATOS, CAI,IFORI~IIA
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AGREEMENT .FOR EMPLOYMENT REC
CLERK ADMINISTRATOR RESO X40 / _ /ate
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This Agreement is made and entered into this L day of November , 200:1, by and between the
Town of Los Gatos, a California general law municipal corporation, hereinafter referred to as
"Town" and Marian Cosgrove, .hereinafter referred to as "Cosgrove."
RECITALS
A. The Town Council of the Town of Los Gatos :has appointed Cosgrove to the .position of
Clerk Administrator of the Town of Los Gatos on November 12, 2001.
B. It is the desire of the Town Council to establish the terms and conditions of employment
of Cosgrove to the position of Clerk Administrator of the Town of Los Gatos, including the
duties,. salary and benefits of employment.
C. Cosgrove desires to accept employment as Clerk Administrator of the Town ofLos Gatos
under the terms .set forth herein.
NOW, THEREFORE, in consideration of the respective and mutual .covenants hereinafter
..contained and made, and for other .good .and valuable consideration, the receipt and sufficiency of
which are hereby acknowledge, and .agreed, and subject to all the terms and conditions .hereof, the
parties agree as follows:
1. Employment of Clerk Administrator. This Agreement establishes the terms and
conditions of employment of Cosgrove as the Clerk Administrator of the Town of Los Gatos.
2. Duties. Cosgrove shall perform the functions and duties of the Clerk Administrator as
specified by .resolutions of Town, and perform such other duties and functions as the Town
Council may assign from time to time.
3. Term. Commencing on the effective date of this Agreement, which the parties agree shall
be November 12, 2001 ("Effective Date") and continuing through November 4, .2004
("Termination Date"), Cosgrove agrees to perform those functions and duties specified in
Council Resolutions and to perform such other legally permissible and proper duties and
functions as the Town Council shall from time to time assign until this Agreement is terminated
pursuant to its terms.
4. Compensation.
(a) Base Salary. Town shall pay Cosgrove the annual base salary of thirty nine
thousand, two-hundred and twenty-eight dollars ($39,228.00), in .installments at the same time as
other employees of Town are paid.
(b) Retirement and Health Benefits. Cosgrove shall receive retirement and health
benefits consistent with those provided in accordance with Town contract with Ca1PERS.
(c) Vacation. As of the Effective Date, Cosgrove shall accrue one-hundred fifty (150)
hours of vacation leave per year.
(d) Sick Leave. As of the Effective Date, Cosgrove shall accrue seventy-two (72)
hours of sick leave per year.
(e) Supplemental Benefits. Effective December 1, 2001, Cosgrove shall be eligible
for supplemental health benefits (cash allocation) equal to those provided to Management Group
I.
(f) Holidays. As of the effective date, Cosgrove shall receive the same paid holidays
that are provided to the Town's Department Heads as they now exist or hereafter may be
amended by the Town Council.
5. ~ Termination and Severance.
(a) Termination. This Agreement shall be terminated on November 4, 2004. Town
may terminate Cosgrove at any time during the term of this .Agreement upon thirty {30) days
notice of its decision to terminate this Agreement, as provided by the provisions of the Ralph M.
Brown Act (California Government Code §54950 et seq.). Due to the important nature of
Cosgrove's duties to the Town, if Cosgrove desires to terminate this Agreement, Cosgrove .must
provide the Town Council with thirty (30) days written notice prior to the date she ceases to
perform her duties :and responsibilities under this Agreement.
(b) Termination .Based on Disability or Death. In the event Cosgrove is permanently
disabled or is otherwise unable to perform her duties 'because of sickness; accident, injury, mental
incapacity or health reasons for a period of two {2) consecutive months beyond any accrued sick
leave, Town may terminate this Agreement.
6. Indemnification. Town agrees to defend, hold harmless and indemnify Cosgrove against
any tort, professional liability claim or demand, or other legal action, whether groundless or
otherwise, arising out an alleged act or omission occurring in the performance of Cosgrove's
Clerk Administrator duties. Town, at is direction, is not required to .indemnify Cosgrove for any
illegal acts committed by Cosgrove..
7. Bonding Requirements. Town shall bear full cost of the Fidelity Bond required of
Cosgrove under any law or ordinance.
8. Other Terms and Conditions. The Council, in consultation with the Cosgrove, shall fix
any such other terms and conditions of employment, as it may determine from time to time,
relating to the performance of Cosgrove, provided such. terms and conditions are .not inconsistent
with or in conflict with the provision of this Agreement or State law.
2
9. Severability. If any provision, or portions thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable and shall remain in full force and effect.
10. Notices.
(a) Notices pursuant to this Agreement. shall be .given by deposit in the custody of the
United States Postal Service, postage prepaid, .addressed as follows:
Mayor .and Town Council Marion Cosgrove, Clerk Administrator
Town of Los Gatos Town of Los Gatos
.Post Office Box 949 Post Office Box 949
Los Gatos, CA 95030 Los Gatos, CA 95030
(b) Notices also may be personally served in the same manner as applicable to civil
judicial practice.
(c) 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 course of transmission by the United State Postal Service.
(d) Either party hereto may change their respective address of record by providing
written notice thereof in accordance with this Sectiori.
11. General Provisions.
(a) The text herein shall constitute the entire Agreement between the parties.
(b) No provisions of this Agreement may be modified, waived or discharged unless
such waiver, modification or discharge is :agreed to in writing by the Town and the Cosgrove. No
waiver of either party at :any time of the breach of, or lack of compliance with, any conditions or
provisions of this Agreement shall be deemed a waiver of other provisions or conditions hereof.
(c) This .Agreement contains the entire agreement and understanding between the.
parties and contains all of the terms and conditions of the parties' agreement and supercedes any
other oral or written negotiations, discussions, representations, or agreements. Cosgrove
acknowledges that she has not relied on any promises, statement, representations, or warranties
except as set forth expressly in this Agreement.
(d) This Agreement shall be binding upon and shall .inure to the benefit of the
respective heirs, executors, administrators, successors and assigns of the parties, provided;
however, that Cosgrove may not assign •her :obligations hereunder.
(e) This Agreement shall be governed by and construed in accordance with the laws
of the State of California, and venue for any action concerning this Agreement shall be limited to
the Superior Court for the County of Santa Clara..
(d) This Agreement shall be binding upon and shall inure to the benefit of the
respective 'heirs, executors, administrators, successors and assigns of the parties, provided;
however, that Cosgrove .may not assign her obligations hereunder.
(e) This .Agreement shall be governed by and construed in .accordance with the laws
of the State of California, and venue for any action concerning this Agreement shall be limited to
the Superior Court for the County of Santa Clara..
(f) 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.
TOWN OF LOS GATOS
Marian Cosgrove By:
ATTEST:
Mar n ss Se 'or Deputy Clerk
APPROVED AS TO ORM:
P. Korb, Town Attorney
S\HR7b.11050 Lwpd
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1°W N OF
~.N~~
`OS~~At°S CONfIDENTIAL
DATE: November 19, 2001
TO: MARIAN COSGROVE, CLERK ADM ISTRATOR
..FROM: MAYOR, JOE PIRZY '
BUBJE'CT: ANNUAL EVALUATI N D
SALARY ADJUSTME CONSIDERATION
Consistent with direction provided by the Town Council, you shall receive an annual
performance evaluation in your position of Cierk Administrator. The evaluation shall be
conducted by the Town Council or their delegate, and shall include possible salary
adjustments based upon your performance.
Please let me know if you have any questions.
cc. Town Manager
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