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Home My WebLink About90-28RESOLUTION NO. 90-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIA~ AUTHORIZING MAYOR TO SIGN AGREEMENT WITH CHARLES ROUGH. WHEREAS, Charles Rough has been selected by the City of Ukiah to perform the duties of City Manager for the City of Ukiah; and WHEREAS, the City Council is satisfied that the terms of the agreement attached hereto as Exhibit A are acceptable to the City Council; NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to sign the Contract appointing Charles Rough City Manager at- tached to this resolution as Exhibit A and the City Council ap- proves and accepts the terms of said agreement. PASSED AND ADOPTED this November 21, 1989, at a regular meeting of the Ukiah City Council by the following roll call vote: AYE S: NOES: None ABSENT: None AT S : ' Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson AGREEMENT APPOINTING CHARLES ROUGH AS CITY MANAGER FOR THE CITY OF UKIAH THIS AGREEMENT is made and entered in Ukiah, California on November 21 , 1989, by and between the City of Ukiah, a general law municipal corporation, hereinafter referred to as "CITY", and Charles Rough, hereinafter referred to as "ROUGH". AGREEMENT 1. SERVICES: CITY hereby agrees to engage ROUGH as City Manager, effective January 2, 1989, to perform the duties and responsibilities of City Manager, as established by the Ukiah City Code and state law, to the satisfaction of the Ukiah City Council (hereafter, "the Council"). Such services shall include, but not be limited to, the following: A. To perform all functions and duties of City Manager, as set forth in the Ukiah City Code and state law. B. To perform such services on an exclusive full-time service basis for the CITY, and to be available as needed to properly perform such services, including attendance at all regular or special City Council meetings and other meetings as needed for the conduct of CITY business. C. To direct and manage the staff of CITY; to assist and advise the City Council and to perform other specific duties as assigned from time to time by the Council. 2. COMPENSATION: CITY, in and for consideration of the covenants, conditions, agreements, and stipulations of ROUGH set forth herein, hereby agrees to provide, as total compensation to ROUGH, the following: A. Salary: CITY agrees to pay ROUGH a salary of Sixty- three Thousand Dollars per year, in monthly increments, as compensation for the rendition of the services described in paragraph 1, and such salary thereafter as the Council from time to time, may determine. B. Auto or car allowance: CITY shall provide and maintain a CITY owned vehicle for ROUGH's use in performing his duties as City Manager, provided, however, that when the car presently available must be replaced, Council may require ROUGH to accept a car allowance in lieu of a car. Page 1 of 3 pages C. Fringe benefits: ROUGH shall receive the same fringe benefits currently provided to other management employees employed by the CITY. A summary of such benefits is at- tached hereto as Exhibit A and incorporated herein by reference. The CITY shall not be obligated to provide ROUGH the same benefits as other management employees when ROUGH negotiates on the CITY's behalf with management's collective bargaining unit. D. Location expenses: ROUGH shall obtain and provide to CITY a written estimate from a properly licensed, bonded and insured moving company for the cost of moving his and his family's belongings to Ukiah. CITY shall pay ROUGH the amount of said estimate which he may use in any fashion he chooses. Said amount shall not exceed Five thousand Dollars ($5,000). This payment shall fully satisfy CITY's obliga- tion to pay for any and all of ROUGH's expenses in relocat- ing to Ukiah. 3. TERM: City Council shall appoint the City Manager for an indefinite term and may remove him by a majority vote of its members upon ninety (90) days' notice or, in the event by a majority vote of its members the Council peremptorily discharges him without such notice, he shall be entitled to an immediate cash payment equaling three (3) months' salary. Before volun- tarily resigning his position, ROUGH agrees to give the Council, at least, ninety (90) days' notice in writing of his intention to resign. ROUGH agrees to serve at the sole pleasure and discre- tion of the Council which may terminate his services pursuant to this paragraph without cause or explanation as to the reasons therefor. City may terminate this Agreement in accordance with the Ukiah City Code and no other procedures shall apply to such termination either expressly or by implication. 4. STANDARDS OF PERFORMANCE: The City Council shall es- tablish a procedure and schedule for reviewing and evaluating ROUGH's performance. 5. WAIVER OR'MODIFICATION: No waiver, alteration., or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized repre- sentative of both parties to this Contract. 6. GOVERNING LAW: This Contract shall be governed by the laws of the State of California. 7. PREVIOUS AGREEMENT: Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by this Contract and such prior agreement shall have no further force or effect. Page 2 of 3 pages 8. PARAGRAP[{ ~{EADINGS: The paragraph headings contained herein are for convenience and reference only and are not in- tended to define or limit the scope of this Contract. 9. NOTICE: Whenever notice to a party is required by this Contract, it shall be deemed given when deposited with proper ad- dress and postage in the U.S. Mail or when personally delivered as follows: CITY: CITY OF UKIAH Civic Center 300 Seminary Avenue Ukiah, CA 95482 CONTRACTOR: CHARLES ROUGH Civic Center 300 Seminary Avenue Ukiah, CA 95482 10. DUPLICATE ORIGINALS: This Contract may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Contract between the parties. 11. FORUM SELECTION: ROUGH and City stipulate and agree that any litigation relating to the enforcement or interpretation of this Contract, arising out of ROUGH's performance or relating in any way to the work shall be brought in Mendocino County 'and that venue will lie in Mendocino County. IN WITNESS WHEREOF, ecuted this Contract on ex- City of Uki~ and Charle~Roug~/have the day and r f'rst w ten ove. ~9~"RLES ROUGH ~ CITY OF UKIAH Page 3 of 3 pages NOd 21 '89 11:50 CILS/~PPORT M~RSTON P.02 MANAGEMENT EMPLOYEE BENEFITS Vacation Sick Time Holidays Health, Life, Dental, Drug & Vision Ins 1st thru 3rd year - 18 working days 4th thru 8th year - 20 working days 9th thru 15th year - 25 working days Above 16 years - 27 working days 1 work day per month - unlimited accumulation lin Rough's case for first year he will be credited on Jan. 2, 1990 with 12 days of sick leave but will not begin to accrue additional sick leave until Jan. 3, 1991.] 12 Holidays per year City pays $220.50 towards Monthly Premium Administrative Leave 10 Days credited in full on July 1 of each year 3 Days additional for Department heads. Shall not be considered a portion of vacation leave. May be utilized in time off at straight time, in cash payment at straight time, or in a combination of time off and cash. Not accumulative- July 1, 1990, to be rolled into base salary, lin Rough's case since he commences employment after July 1, 1989, he will be credited with a total administrative leave of 6 1/2 day~ for the period July 1, 1989 - June 30, 1990.] Credit for Previous Government Service Up to 50% credit for prior comparable government entity service towards vacation accrual. Deferred Compe nsa t i o n City pay 2% of employee's monthly salary towards a deferred compensation account. An additional 1% towards deferred compensation or the purchase of savings bonds at the option of employee. Option to convert deferred compensation or similar savings program into salary in the last year before retirement. Service Club Reimbursement Death in Family Private Car Use Reimbursement of annual dues, fines, meals and special assessments when participating in service clubs and other community organizations (as defined in Policy Resolution ~17) 3 Days at regular pay 20 per mile when authorized i~'A PG "T' OF ~ PG,S Retirement City and employee contribute to Public Employees' Retirement System (PERS) City Pays 4% - Employee - 3% Training & Conference Time off when authorized at full pay plus ex- penses EXH.~Pe t OF:,,-~ PC~ III