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4.09 RCA EmploymtAgmt
CITY CLERK File # I II I©IID I-I,' 110 AGENDA STATEMENT CTTY COUNCIL MEETING DATE: December 3, 2002 SUBJECT: City Manager's Employment Agreement Report prepared by Agency Negotiating Team (Mayor Lockhart and Cm. Sbranti) ATTACHMENTS: 1) Amendment to City Manager's Employment Agreement 2) Current Agreement & First Amendment to Agreement RECOMMENDATION: Approve Amendment to City Manager's Employment Agreement FINANCIAL STATEMENT: Sufficient funding is available in the 2002-03 Budget. DESCRIPTION: Pursuant to City Council direction on July 2, 2002, the Agency Negotiating Team (Mayor Lockhart and Cm. Sbranti) have met with the City Manager regarding terms and conditions of employment. The City's Negotiating Team is recommending that the Council approve an employment agreement with the City Manager which is substantially the same as the current agreement, with the exception of the following provisions: 1. It is proposed to increase the City Manager's base salary from $153,150 to $160,808 per year. 2. It is proposed to increase the City's contribution to the City Manager's deferred compensation plan by $500 per year. 3. The above changes would be effective July 2002. The above adjustments represent a 4.56% increase in the City Manager's total compensation package. COPIES TO: ~ ITEM NO. / SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD C. AMBROSE This "Second Amendment to Agreement Between City of Dublin and Richard C. Ambrose", is made between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the "CITY", and RICHARD C. AMBROSE, hereinafter referred to as "AMBROSE". RECITALS A. CITY and AMBROSE are parties to an Agreement entitled "Agreement Between City of Dublin and Richard C. Ambrose", dated June 6, 2000, which was amended by the "First Amendment to Agreement Between City of Dublin and Richard C. Ambrose" ("AGREEMENT"). B. The CITY and AMBROSE desire to make certain amendments to said AGREEMENT. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree to amend the "Agreement Between City of Dublin and Richard C. Ambrose" as follows: 1. Paragraph '2 of the AGREEMENT shall be amended to read as follows: "2. Compensation Commencing on July 2, 2002, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment terml a base salary of $160,808 per year ($13,400.66/month), payable in accordance with the CITY'S adopted payroll periods. 2. Subparagraph f of paragraph 5 of said AGREEMENT is amended to read as follows: "f. The CITY shall agree to AMBROSE'S participation in a Deferred Compensation Plan. CITY shall contribute $9,000.00 per year to such Plan on AMBROSE's account, commenCing July 2002. The annual contribution shall be prorated on a monthly basis." Second Amendment to Ambrose Agreement Page 1 of ;' ATFACHMENT 1 Except as herein provided, the terms and conditions of said AGREEMENT shall remain in full force an effect. CITY OF DUBLIN By Janet Lockhart, Mayor Richard C. Ambrose ATTEST: Kay Keck, City Clerk 61126 Second Amendment to Ambrose Agreement Page 2 of 2 FIRST AMENDMEN. T TO AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD' C. AMBROSE This "First Amendment to Agreement Between City of Dublin and Richard C. Ambrose", is made between the CITY OF DUBLIN', a Municipal Corporation, and. hereinafter referred to as the "CITY", and RICHARD C. AMBROSE, hereinafter ~referred to as "AMBROSE", RECITALS, A. CITY and AMBROSE are parties to an Agreement entitled "Agreement Between City of Dublin and Richard C. Ambrose" ("AGREEMENT"), dated June 6, 2000. B. ' The CITY and AMBROSE desire to make certain amendments to Said AGREEMENT. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree to amend the "Agreement Between City of Dublin and Richard C. Ambrose" as follows: 1. Paragraph 2 of the AGREEMENT shall be amended to read as follows: "2. Compensation Commencing on July 3, 2001, the CITY shall 'pay to AMBROSE, and AMBROSE shall accept from the CITY, for services render, ed during the employment term, a base salary of $153,150 per year ($12,762.50/month), payable in accordance with the CITY'S adopted payroll periods. : 2. Subparagraph f of paragraph 5 of said AGREEMENT is amended to read as follows; ~f. The CITY shall agree to AMBROSE'S participation in a Deferred Compensation Plan. CITY shall contribute $8,500.00 per year to such Plan on AMBROSE's account, commencing July 2001. The annual contribution shall be prorated on'a monthly basis." First Amendment to Ambrose Agreement · '. Page 1 of 2 · ATTACHMENT 2 - Except as herein provided, 'the terms and conditions of said 'AGREEMENT shall.remain · in full force an effect. cITY OF DUBLIN Guy S.(~'to[~ston, Mayor Richard (~. ~mbmse''-~ ATTEST: J:\w~nrsw~114~D01~30 l\Agree~am br~_employment mnend1_091301 .doc. . First Amendment to Ambrose Agreement Page 2 of ~. AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD C. AMBROSE This AGREEMENT is made and entered into this 6th day of June, 2000, by and betWeen the CITY OF .DUBLIN, a Municipal Corporation, and hereinafter referred to aS' the "CITY", and RICHARD C. AMBROSE, hereinafter referred to as "AMBROSE'!. RECITALS A. AMBROSE is currently the City-Manager of ~he CITY. B. The CITY acknowledges and recognizes the value of AMBROSE'S ' services. C. The CITY desires to COntinue to employ, retain and make sure for itself the unique abilities and services of AMBROSE as City' Manager of the City of Dublin. D. Both partieS desire to embody the terms and conditions of AMBROSE'S ' employment into a written agreement. ' ' ~ ' NOW, THEREFORE, in consideration of the mutual promises, conditions and coVenants herein contained, the parties agree .as follOws: 1. . Emp!..oyment Capacity and Term '-~ The CITY hereby employs AMBROSE'as City Manager for a.term commencing. on 'June 6, 2000. During the term of employment, AMBROSEshall not undertake any.employment other than as a City Manager for the CITY. 2. CompensatiOn - · Commencing on June 6, 2000, the 'cITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment term, abase salary of $143,000 per year ($11,916.66/month),.payable in.accordance With the CITY'S adopted payroll periods. - '"" Ambrose Agreement .... . ~ . - :. - . .- .... Page1 of 4 3.' Expenses The City shall pay AMBROSE the sum of $440 per month for his use of his personal automobile for CITY purposes. 'The CITY shall also pay for AMBROSE'S. membership dues in professional organizations, such. as, but not limited to, the International City Management Association. 4. Leave a. Vacation ~ Illness AMBROSE shall be entitled to a general leave of 31 days commencing May 4,-2000 and each. May1 thereafter. AMBROSE Will be allowed to carry over to the next year any unused general leave days from the prior year to a maximum carry-over of 360 hours. When AMBROSE has reached the maximum carry-over.of 360 hours of general leave, he shall continue' to receive genera! leave and may carry it over to :'the next year to a maximum of, an additional 360 hours, provided such leave may only be used for sick leave. '. b. Mana,qement Leave . . Ambi'°se shall beentitled to six (6) days per Year of "Management'Leave". This leave is treated differently than other leave, in that if Ambrose-is unable to use this leave by May 1st of each year, AMBROSE will be' compensated .for any unused Management Leave at that time. Such compensation shrill be. based upon AM-~ROS'E'S base salary identified in paragraph 2. . c. Payments .upon Resignation or.Termination In the event that AMBROSE'S services aro terminated fOr any roason, AMBROSE shall be compensated for any unuSed general leave and management leave ...with the exception ofeny leave which is restricted to sick leave. ·Such compensation shall be based upon AMBROSE'S base salary identified in paragraph 2. 5.- Benefits '- The ciTY.will prOvide AMBROSE with the' following benefits: a. A PERS Retirement Program, with the CITY paYing both the' employer and the employee contributions to PERS for the regular program, in addition, Ambrose Agreement Page · AMBROSE shall be eligible for the *PERS Third Level 1959 Survivor Benefits. The CITY shall pay the portion' required bY PERS, and AMBROSE shall pay $2 per month. b. The option to select medical.inSUrance coverage from among the plans offered bY the Public EmplOyees' Retirement System Medical and Hospital Care' Act. The CITY shall pay that portion of AMBROSE'S medical insurance premium which is equal to the highest premiUm paid by the CITY on behalf of any other CITY . . employee.' .. .. ~ c.. The CITY Shall provide fully paid family dental insurance coVerage ·-· for AMBROSE. In addition,. AMBROSE shall be'a participant in the CITY Dental/Optical Reimbursement Trust Fund pursuant to the same regulations aSthe City Council adopts-. for full-time employees, with the exception that the amount identified in Section ID of the ."' Administrative' Requirements of the CITYof Dublin Dental/Optical/Health Expense ReimbUrsement Plan shall be $900 for AMBROSE. ' ~. . -.' : 'd. ' The ciTY Shall paythe insurance, premium cOst for Long Term -. DisabilitY' Insurance for ·AMBROSE. - .... ~ . .... . e~ The CITY shall.contribute Up to $350 per year as a premium for a term life 'insUrance policy for AMBROSE.· The CITY shall also pay AMBROSE'S' premium for·the CITY'S Group Life Insurance Program. - · · f.'.. The CITY'" . . . .. · " -- shall agree to AMBROSE,S participation in a Deferred ' ComPensatiOn plan, CITY shall contribute $666,67 per month to such Plan on · . ' ' AMBROSE's account commencing in March 1999. .. ". 6~ 'Termination ..... - ~' .... .~ · · .. . ~' " "in the event that.the City'counCil terminates AMBROSE's employment for "- ' .. reasonS' other than acts involving moral turpitude, the CITY-Shall.pay to AMBROSE a ' ' . sum eqUal to eighteen(18) mOnths ofthe base salary in effect on the effective date of" -'-." termination, which amount will be paid to AMBROSE in eighteen. (18) equal monthly · installments commencing on the i0th WOrkday following the date of termination..' in .' addition, CITY Will reimburse AMBROSE for. the.premiums for AMBROSE's medical and ' dental insurance for an eighteen (18) month pedod following the effective date of: ' termination at the ratesin effect on Such date.. ... .. ~. " 7 Amendments ' ' ." . .- This AGREEMENT may be'modified in.writing from time to time as the ~ "-' parties may agree,'to provide for compensation.and/oremployee benefits not · · specifically identified in-thisAGREEMENT. ". ' .~ . ... 'i · - .. . ...'-i~. .' .".. ; ' page of 4. Ambrose Agreement" ' . .~..-'.': . . . ...~ . . '.. Any written notices to the partJes hereto Shall'be' sufficient ~ they are deposited in the United States Post Office, in envelopes with postage prepaid, by registered'or certified .mail, and addressed as follows: ~ ' CITY: City of Dublin. -. : ' 100 Civic Plaza . ... Dublin,. CA 94568 · '. CITY MANAGER: -Mr. Richard C; Ambrose 1.1705 Murrieta Court Dublin, CA 94568 This AGREEMENT supersedes the prior AGREEMENT dated March 6, 2000. IN VVITNESS WHEREOF, theparties hereto have executed this AGREEMENT in duplicate at Dublin, California, the'day and year first above wdtten. ' Richard C'. Ambros"e') ' ATTEST: .. J:\wpd'~nnmw~,t 14~O01~O00',agree~ambrose_employment_601.dec Ambrose Agreement Page 4 'of ~'