Attachment 1 AgreementAGREEMENT FOR EMPLOYMENT
INTERIM TOWN MANAGER
This Agreement is made and entered into this 16'' day of March, 2015, by and between the Town
of Los Gatos, hereinafter referred to as "Town" and Leslie R. White, hereinafter referred to as
"White." Town and White are together the "Parties"
RECITALS
WHEREAS, the Town's Town Manager position is a regular position that will be vacated as of
March 13, 2015 and for which the Town will be conducting a recruitment for a permanent
appointment; and
WHEREAS, during the recruitment period, the Town will have the immediate need for an
employee to temporally perform the position of Town Manager, a position involving specialized
skills including senior management and leadership skills; and
WHEREAS, White is competent and qualified to perform the services required by the
Agreement, and the Town wishes to have White perform certain critically necessary on -going
duties and functions of the Town Manager position on an interim basis; and
WHEREAS, White's employment is authorized by Government Code section 21221(h), which
permits the Town to appoint a Ca1PERS retired annuitant to a vacant position requiring
specialized skills during recruitment for a permanent replacement.
WHEREAS, the Town desires to appoint White to the position of Interim Town Manager of the
Town of Los Gatos on March 16, 2015.
WHEREAS, the Town desires to establish the terms and conditions of employment of White to
the position of Interim Town Manager of the Town of Los Gatos, including the duties, salary and
benefits of employment.
WHEREAS, White desires to accept employment as Interim Town Manager of the Town of Los
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 acknowledged, and agreed, and subject to all the terms and conditions
hereof, the Parties agree as follows:
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ATTACHMENT 1
Agreement
1. Employment of Interim Town Manager. This Agreement establishes the terms and
conditions of employment of White as the Interim Town Manager of the Town of Los Gatos.
2. Powers and Duties. As an Interim Town Manager, White shall assume the powers and
duties of the Town Manager pursuant to § 2.30.295 of the Code of the Town of Los Gatos,
California. White will perform the functions and duties of the Town Manager as specified under
the laws of the State of California, the Los Gatos Municipal Code, and the ordinances and
resolutions of the Town of Los Gatos, and perform such other duties and functions as the Town
Council may assign from time to time. Such employment is "at will" and subject to the terms of
this Agreement.
3. Term. This Agreement will become effective upon the date of adoption by the Town
Council. White's first day of employment shall be March 16, 2015. This agreement will expire at
the time the Town hires a permanent Town manager, provided however, there may be a brief
period of overlap after the Town hires a permanent Town Manager so that White can assist in the
transition of the permanent appointment. White's employment is also subject to earlier
termination as set forth in Section 5 below.
4. Compensation and Work Schedule.
(a) Base Salary. Town shall pay White the monthly base salary of
Seventeen Thousand Nine Hundred Ninety Five Dollars ($17,995.00), (divided by 173.333 to
equal an hourly rate), in installments at the same time as other employees of Town are paid and
shall be subject to all applicable payroll taxes and withholdings. The Town confirmed that this
rate is not less than the minimum, nor in excess of the maximum, paid by the Town and other
similar public entities to other employees performing comparable duties.
(b) Support Service Equipment. White shall be provided office space and necessary
equipment sufficient to fulfill the obligations under this Agreement, as determined by the Town
Council, at no cost to White.
(c) Benefits. Other than the compensation described above in Section 4(A), White
will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of
compensation. Employee understands and agrees that he is not, and will not be, eligible to
receive any benefits from the City, including any City group plan for hospital, surgical, or
medical insurance, any City retirement program, or any paid holidays, vacation, sick leave, or
other leave, with or without pay, or any other job benefits available to an employee in the regular
service of the City, except for Worker's Compensation Insurance coverage.
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(d) Work Schedule and 960 hours Limitation. White is expected to devote necessary
time within and outside normal business hours to the business of the Town. White may use his
own judgment (consistent with his experience and with standards of practice in the industry) to
determine his specific hours and his work task performed or work events attended subject to the
direction and oversight of the Town Council. In addition, pursuant to Government Code Section
21221(h) and Section 7522.56(d), White is allowed to work a maximum of 960 hours per fiscal
year for all public employers that contract with Ca1PERS for retirement benefits. White and the
Town shall be required to monitor the number of hours White works and ensure that White does
not work more than 960 hours per fiscal year.
(e) Exempt Position. The position is exempt from FSLA overtime pay requirements.
This temporary full -time employment typically will average 40 hours per week. White's typical
working hours will be during the Town's regular business hours, plus evening hours to attend
Council meetings and other business. Due to the nature of the position, however, it is understood
that working hours may exceed 40 hours per week and may occasionally be slightly less than 40
hours per week. All hours worked must be tracked and submitted to the Town for counting
against the 960 -hour rule per fiscal year limitation.
5. Termination. Town may terminate White at any time with or without cause during the
term of this Agreement upon thirty (30) days' notice of its decision to terminate this Agreement.
White specifically agrees that the requirements of Town Code sections 2.30.285 and 2.30.290 are
not applicable to this Agreement. Due to the important nature of White's duties to the Town, if
White desires to terminate this Agreement, White must provide the Town Council with thirty
(30) days written notice prior to the date he ceases to perform his duties and responsibilities
under this Agreement and the provisions of the Town's Municipal Code.
6. Professional Development. Town agrees to pay for the professional dues, subscriptions,
and other costs White deems necessary for his participation in national, state, regional, and local
associations and organizations and in meetings and conferences (e.g., the International
City /County Management Association, League of California Cities, and County City Managers'
Association), subject to budgetary approval and Town Council oversight.
7. Business Expenses. Town shall reimburse White for all necessary and appropriate auto
and business expenses, including, but not limited to, the costs of business meetings, business
meals, staff functions and special events attended in an official capacity, subject to any
guidelines the Town Council may impose.
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8. Indemnification. Town agrees to defend, hold harmless and indemnify White 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 White's
duties. Town is not required to indemnify White for any illegal or criminal acts committed by
White.
9. Bonding Requirements. Town shall bear full cost of the Fidelity Bond required of White
under any law or ordinance.
10. Other Terms and Conditions. The Council, in consultation with White, shall fix any such
other terms and conditions of employment, as it may determine from time to time, relating to the
performance of White, provided such terms and conditions are not inconsistent with or in
conflict with the provision of this Agreement or State law.
11. Severabilitv. 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.
12. 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 White. 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 supersedes any
other oral or written negotiations, discussions, representations, or agreements. White
acknowledges that he 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 White may not assign his 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.
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(f) Unless provided for otherwise by this Agreement, all provisions of the Town
Code which are applicable to the Town Manager shall remain in full force and effect.
(g) Each party to this Agreement warrants to the other party that the party has either
had the assistance of counsel in negotiating for and preparation of this Agreement or could have
had such assistance and voluntarily declined to obtain such assistance.
Leslie R. White
TOWN OF LOS GATOS
By: Marcia Jensen, Mayor
ATTEST:
Shelley Neis, Clerk Administrator
Approved As To Form:
Robert Schultz, Town Attorney
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