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HomeMy Public PortalAbout88-086 (05-17-88)RESOLUTION N0. 88- 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN EMPLOYMENT AGREEMENT WITH THE CITY MANAGER WHEREAS, The City Council and the City Manager have agreed upon salary, benefits and other conditions of employment, as presented in Exhibit "A"; and WHEREAS, the City Council wishes to adopt the Employment Agreement with the City Manager, as detailed in Exhibit "A": NOU?, THEREFORE, the City Council of the City of Lynwood does hereby RESOLVE as follows: Section 1. The Employment Agreement (Exhibit "A"), which includes all agreed-upon provisions and supersedes previous agreements between the City Manager and the City Council, is adopted. Section 2. That relevant actions be taken and necessary policies be prepared to relfect the provisions of the attached Employment Agreement. Section 3. This resolution shall take effect July 1, 1988. PASSED, APPROVED AND ADOPTED THIS 17th date of Mme, 1988• I ~, ATTEST: of ANDREA L. HOOPER, CITY C RK CITY OF LYDIWOOD LOUIS J. HEINE, MAYOR PRO-TEM OR H. , II, MAYOR. CIT LY D APPROVED AS TO CONTENT: c~ ~J. P^ EMPLOYMENT AGREEMENT P°" This Employment Agreement.("Agreement") is made by and between the CITY OF LYNWOOD ('!City"), a Municipal corporation duly organized under the laws of the State of California and CHARLES G. GOMEZ ("Mr. Gomez"). 1. Agreement To Employ: The City hereby agrees to employ Mr. Gomez, and Mr. Gomez hereby accepts employment by the City on the terms and conditions set forth in this Agreement. 2. Term of Agreement: Mr. Gomez shall be employed for a term not to exceed two years commencing on July 1, 1988, unless terminated in accordance with this Agreement, or extended or renewed by mutual agreement in writing. 3. Empl~ee's Duties: Mr. Gomez shall be employed in the position of City Manager and shall perform the duties described in the job description for City Manager on file with the Personnel Officer, or such other respon- sibilities as the City may assign him. Mr. Gomez shall devote his entire pro- ductive time, ability and attention to the City's business during the entire term of this Agreement. Pair. Gomez shall obey all lawful directives of the City and sYiall comply with all applicable policies and procedures as the City may issue from time to time. Nr. Gomez shall not engage in any other part-time or full-time employment during the term of this Agreement. 4. Compensation And Benefits: In consideration of all services to be performed by him under this Agreement, Mr. Gomez shall receive the following ~ compensation and benefits: i I A. Salaries/Wages: Mr. Gomez shall receive a monthly salary of Five Thousand Eight Hundred and Thirty Three Dollars and Thirty Three Cents ($5833.33) payable in equal installments on the same day of each month that other City employees are paid. The City shall review Mr. Gomez' salary in June of 1990. B. Car Allowance: The City Manager shall be required to use his personal vehicle for the purpose of conducting City business, and shall be re- imbursed at the rate of FOUR HUNDRED DOLLARS ($400) per month for all costs. C. Executive Leave: It is agreed that Mr. Gomez shall receive one (1) day per montPi executive leave, plus an additional two (2) days annually, granted on January 1 of each year and accruable year to year. Accrued executive leave may be taken at any time subsequent to notification of the City Council and shall be paid in lump sum upon termination. y 0 L. Service Disability: Under the provisions of the Worker's Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, render- ing them unable to perform their duties. The City of Lynwood provides full salary continuance for Ninety (90) days to the City Manager when disabled by injury or illness arising out of and in the course of his duties. Time off work, due to an on-the-job injury, is not deductible from accumulated sick leave for a period not to exceed Ninety (90) days. Thereafter, compensation shall be only as provided in the Worker's Compensation Insurance and Safety Act. ~ 5. Termination of Agreement: This Agreement may be terminated by the City at any time with or without cause. Upon termination of this Agreement for any reason, Mr. Gomez shall immediately retrieve and deliver to the City all books, records, and other property of the City and shall cooperate fully with the City in doing all that is reasonable and necessary to effect an orderly transition, including but not limited to full accounting of all work in progress. 6. Severance Pay: In the event that the City terminates this Agreement and discharges Mr. Gomez without cause, Nr. Gomez shall be paid a ltanp sum severance payment equal to six months of Mr. Gomez' base salary. 7. Complete Agreement: This Agreement constitutes the entire agreement of the parties, and supersedes any and all prior oral or written agreements. There are no other agreements, understandings, or representations, oral or written, between Mr. Gomez and the City. 8. Savings Clause: The parties intend that this Agreement comply with all applicable laws and regulations. In the event any provision of this Agreement is unenforceable, all remaining provisions shall not be affected and shall remain in full force and effect. ,,,~ 9. Amendment: This Agreement may be amended only in writing, signed by the party against whom enforcement of the amendment is sought. 10. No Assignment: Neither this Agreement nor the right to receive payments hereunder may be assigned unless mutually agreed in writing. 11. Choice of Law: This Agreement shall be governed by the laws of the State of California. 12. Effective Date: This Agreement is effective July 1, 1988. -4- l (` D. Insurance Coverage: The City .shall contribute up to One Hundred Seventy Five Dollars 175.00 per month toward health insurance premiums for Mr. Gomez. This contribution will be applied to the premium attributable to coverage for Mr. Gomez. If Nr. Gomez elects to have dependent coverage under the existing health plans, the City will contribute the cost of the premium for dependent coverage. Such payment will be made by payroll deduction. If the premium for employee coverage exceeds One Hundred Seventy Five Dollars ($175.00), the City will continue to pay the entire premium for employee coverage. The City will put into effect the Dental Plan, as agreed. The City will pay the full cost of premiums for Mr. Gomez and his eligible dependents for for the Dental Plan coverage available to other City management personnel. The City shall provide life insurance in the amount of Fifteen Thousand Dollars ($15,000.00) for Mr. Gomez. E. Sick Leave Policy: Sick leave with pay shall be granted at the rate of One (1) work day for each calendar month of service. Sick leave shall not be considered a privilege which may be used at Mr. Gomez' discretion, but shall be allowed only in case of necessity and actual sickness or disability. In order to receive compensation while absent on sick leave, Mr. Gomez shall notify the Mayor and the Council Secretary prior to, or within two (2) hours of the time set for beginning duty, unless notification is physically impractical. The City may require a physician's certificate and release to return to work whenever there is reasonable doubt as to Nr. Gomez' ability to perform his duties satisfactorily and safely. The City maintains the right to discipline for excessive absenteeism. At the time of resignation or termination, the City Manager will be compensated for one hundred percent (100%) of unused sick leave which has been accrued from the date of this Agreement to the effective date of resignation or termination. The method of compensation shall be on a straight-time pay basis at the rate of pay in effect at the time of termination. F. Holiday - Section I: The City and Mr. Gomez agree to incorporate into the Memorandum the following holidays to be eliminated and have floating holidays replace them. The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission Day and Veteran's Day. (a) The total number of .floating .holidays is Five (5) with all floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors. (b) All Holidays shall be accruable without limit and shall be paid in lump sum upon termination or resignation. ~"' -2- Holiday - Section 2: Mr.-Gomez shall be allowed the following paid holidays: New Year's Day (January 1), Martin Luther King Day (3rd Monday in January), Memorial-Day (lst Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Thanksgiving Day !~ (4th Thursday in November), the day after Thanksgiving (4th Friday in i November), Christmas Day (December 25). Personal Leave Day may be taken on any day of Mr. Gomez' choosing, subject to operational and scheduling J factors, and notification of the City Council is required. Personal Leave Day may be carried over to another calendar year. When a holiday named in this Agreement falls on Sunday, it shall be observed on the following Monday. When a holiday named in this regulation falls on Saturday, it shall be observed on the preceding Friday. G. Retirement Policy: The City agrees to pay the Mr. Gomez' Contribution for the Public Employees' Retirement System (PERS). Retirement compensation shall be computed based upon the employee's One (1) year's highest earnings. H. Annual Vacation Leave: Mr. Gomez shall accrue Fifteen (15) working days of vacation leave without limit on the accrual. Vacation leave may be taken at any time, subject to the needs of the City and notification of the City Council. Mr. Gomez must take a minimum of One (.1) day of accrued vacation time each time vacation is requested. Deviation from this policy is allowed only with the written approval of the City Council. In the event one or more municipal holidays fall with an annual ~acatior. leave, such holiday(s) sha7.1 not be charged as vacation leave, and the vacation leave shall be extended accordingly. Upon termination or such earlier time as approved by the City Cciincil, Mr. Gomez shall be paid in a lump sum for all accrued vacation leave prior to the effective date of termination. I. Leaves of Absence: Leaves of Absence shall be determined b~ the City Council upon request by Mr. Gomez. J. Bereavement Leave: In the event of a death in the employee's immediate family, the City Council may grant a Three (3) day bereave.~nt leave with pay. "Immediate family" is defined as mother or father o; grandparents or employee or mate; mate, brother, sister, children or grandchildren of employee. K. Emergency Leave: In the event of an emergency, Mr. Gomez may ce granted the use of a maximum of two (2) days sick leave annually as emergency leave. Application for emergency leave may be under the fo:?lowir~g conditions: (1.) Hospitalization or illness in immediate family, and, (2) death in family not covered by bereavement leave; and (3) other events which p~eclude the employee's attendance at work and which the City Council determiras constitutes an emergency. -3-