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HomeMy WebLinkAboutItem 4.08 City Mgr Agmt CITY CLERK File # D~~~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 21,2007 SUBJECT: City Manager's Employment Agreement Report Prepared by: Agency Negotiating Team (Mayor Lockhart and Counci/member Oravetz) ATTACHMENTS: 1) Proposed Second Amendment to City Manager's Employment Agreement First Amendment to City Manager's Employment Agreement City Manager's Current Employment Agreement Resolution Amending Salary Plan 2) 3) 4) RECOMMENDATION: 1) Approve City Manager's Employment Agreement as Recommended by Agency Negotiating Team Adopt Resolution Amending Salary Plan 2) FINANCIAL STATEMENT: Sufficient funding is available in the FY 2007-2008 Budget DESCRIPTION: In July 2007, the City Council appointed an Agency Negotiating Team, consisting of Mayor Janet Lockhart and Councilmember Tony Oravetz, to meet with the City Manager to discuss terms and conditions of employment. Since that time, the Committee has discussed with the City Manager terms and conditions of employment. As a result of those discussions, the City's Agency Negotiating Team is recommending that the Council approve an employment agreement with the City Manager that is the same as the current agreement with the exception of the following provisions: 1. It is proposed to increase, by 2%, the City Manager's base salary from $214,359 to $218,646.18 per year. 2. Payment of a lump sum performance pay adjustment of $20,000. The revision in the base pay would be effective July 1, 2007, since the City initiated the negotiation process with the City Manager in July ofthis year. SALARY PLAN AMENDMENT Included in the City's personnel system are resolutions that address salary ranges for part-time and full- time personnel. The attached resolution is a proposed amendment to the City's Salary Plan (Attachment 4) for full-time personnel which would establish a flat monthly salary range for the position of City Manager to be $18,220.52 effective July 1, 2007, in conformity with the proposed contract amendment. ------------------------------------------------------------------------------------------------------------- COpy TO: Page 1 of 1 ITEM NO. Lf. ~ 1~7 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD C. AMBROSE This AGREEMENT is made and entered into this 21st day of August, 2007, 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". This Agreement amends the Agreement between City of Dublin and Richard C. Ambrose dated November 7, 2006, as amended ("The Agreement"). NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree to amend The Agreement as follows: 1. Section 2, entitled "Compensation," is amended to read as follows: "Commencing on July 1, 2007, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment term, a base salary of $218,646.18 per year ($18,220.52/month), payable in accordance with the CITY'S adopted payroll periods. Pursuant to the City's Personnel System Rules, the CITY shall pay to AMBROSE a Performance Pay Adjustment of $20,000, payable in a lump sum with the first available payroll period following August 21, 2007. The parties agree that the Performance Pay Adjustment shall be considered by the parties to be "Special Compensation" as that term is used in the City's agreement with the California Public Employees'Retirement System." 2. Except as amended herein, The Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By: Janet Lockhart, Mayor Richard C. Ambrose ATTEST: Carolyn Parkinson, Interim City Clerk 1003504_1.DOC;114.1001 1~*4t~ 9>/;?II07~, ATTACHMENT 1 ~ cJ r-/ FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD C. AMBROSE This AGREEMENT is made and entered into this ih day of November, 2006, 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". This Agreement amends the Agreement between City of Dublin and Richard C. Ambrose dated February 7, 2006, ("The Agreement"). NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree to amend The Agreement as follows: 1. Section 2, entitled "Compensation," is amended to read as follows: "Commencing on July 1, 2006, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment term, a base salary of $214,359 per year ($17,863.25/month), payable in accordance with the CITY"S adopted payroll periods." 2. Except as amended herein, The Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By Janet Lockhart, Mayor Richard C. Ambrose ATTEST: Fawn Holman, City Clerk 870008_2.DOC;114.1001 Page 1 of 1 ATTACHMENT 2 -'2 MO.P <'1 ,.v~"y j AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD C. AMBROSE This AGREEMENT is made and entered into this 7th day of February, 2006, by and between the.CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the "CITY", and RICHARDC. AMBROSE, hereinafter referred to as "AMBROSE". RECITALS A. AMBROSE is currently the City Manager of the CITY. B. The CITY acknowledges and recogniz~s 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. Employment Capacity and Term The CITY hereby employs AMBROSE as City Manager for a term commencing on July 1, 2005. During the term of employment, AMBROSE shall not undertake any employment other than as a City Manager for the CITY. 2. Compensation Commencing on September 1, 2005, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, .for services rendered during the employment term, a base salary of $186,660 per year ($15,555.00/month), payable in accordance with the CITY'S adopted payroll periods. Commencing on February 7,2006, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment Ambrose Agreement Page 1 of 4 ATTACHMENT 3 troJ . term, a base salary of $196,660 per year {$16,388.33/month), payable. in accordance with the CITY"S adopted payroll periods. . . 3. Expenses The City shall pay AMBROSE the sum of $541.67 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 38 days commencing . May 1, 2006 and each May 1 thereafter. AMB.ROSE 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 general 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. Manaqement Leave Ambrose shall be entitled to twelve (12) 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 1 st of each year, AMBROSE will be compensated for any unused Management Leave at that time. Such compensation shall be based upon AMBROSE'S base salary identified in paragraph 2. c. Payments upon ResiQnation or Termination In the event that AMBROSE'S services are terminated for any reason, AMBROSE shall be compensated for any unused general leave and management leave with the exception of any 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: Ambrose Agreement Page 2 of 4 !5 a. A PERS Retirement Program, with the CITY paying both the employer and the employee contributions to PERS for the regular program. . Notwithstanding the foregoing, effective July 1, 2005, AMBROSE shall pay the same percent of the employee contribution to PERS that is paid by other CITY employees. In addition, 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 fuUy paid family dental insurance coverage for AMBROSE. In addition, AMBROSE shall be a participant in the CITY Dental/Optical/Health Reimbursement Plan(Trust Fund) pursuant to the same regulations and at the same contribution amount as the City Council adopts for full-time employees. d. The CITY shall pay the 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. 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 of the base salary in effect on the effective date of termination, which amount will be. paid to AMBROSE in eighteen (18) equai monthly installments commencing on the 10th work day 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 period following the effective date of termination at the rates in effect on such date. 7. Amendments Ambrose Agreement Page 3 of 4 This AGREEMENT may be modified in writing from time to time as the parties may agree, to provide for compensation and/or employee benefits not specifically identified in this AGREEMENT. 8. Notices Any written notices to the parties hereto shall be sufficient if 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 11705 Murrieta Court Dublin, CA 94568 This AGREEMENT supersedes the prior AGREEMENT dated November 16, 2004. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, the day arid year first above written. CITY OF DUBLIN (~ J By )la/'~;f~~iI.2A /~anet Lockhart, Mayor V ATTEST: AU1\, \ \ t - Fawn HOlma~ity Clerk ------ .- l~(.~ RichardC. Ambrose B02619_1.DOC;114.1001 Ambrose Agreement Page 4 of 4 '1 oj..,7 RESOLUTION NO. XX-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDING THE SALARY PLAN WHEREAS, in accordance with the City's Personnel System Rules, the City Council adopted Resolution No. 64-97 and subsequent Resolutions which comprise the Salary Plan. NOW, THEREFORE, BE IT RESOLVED that the position of City Manager shall covered under Article I, Section A of the Plan: BE IT FURTHER RESOLVED that said position shall be paid a flat monthly rate within the salary plan as follows: City Manager: $18,220.52 (flat rate). BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective July 1,2007. PASSED, APPROVED AND ADOPTED this 21 st day of August 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso No. XXX-07, Adopted 8/21/07, Item XXX Page 1 of 1 ATTACHMENT 4