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HomeMy WebLinkAbout93-57 ! 4 5 6 7 8 9 10 1! 13 14 15 16 17 18 19 2O 24 25 26 27 28 RESOLUTION NO. 93-57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR TO SIGN AGREEMENT WITH CHARLES L. ROUGH, JR. WHEREAS, Charles L. Rough, Jr. is the appointed 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 Employment Agreement attached to this Resolution as "Exhibit A" and the City Council approves and accepts the terms of said Agreement. PASSED AND ADOPTED this 3rd day of March, 1993, at a regular meeting of the Ukiah City Council by a unanimous voice of all aye. There were no Councilmembers absent. ATT~: Manager Fre~ Schne~r, Mayor EXHIBIT A EMPLOYMENT AGREEMENT This Agreement is made and entered in Ukiah, California on March 3, 1993, by and between the City of Ukiah, a General Law Municipal Corporation, hereinafter referred to as "City," and Charles L. Rough, Jr. hereinafter referred to as "ROUGH". SERVICES: City hereby agrees to continue to employ ROUGH as City Manager, effectiv'e January 2, 1993, 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. TERM: City agrees that the term of this Agreement shall be for two years from date of anniversary and may be terminated by either party as hereinafter provided. o 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: Ao ANNUAL SALARY: During the term of this Agreement, City agrees to pay ROUGH an annual salary of sixty-six thousand one hundred and fifty dollars ($66,150), as compensation for the rendition of the services described in paragraph 1, and such salary thereafter as the Council from time to time, may determipe. B. HEALTH INSURANCE BENEFITS COVERAGE: City agrees to pay ROUGH'S full monthly premium under REMIF ~or health, life, dental, drug and vision coverage for ROUGH an~his family during the terms of this Agreement. / C. CAR ALLOWANCE: City shall provide ROUGH with a monthly car allowance ~eu of providing ~nd maintaining a City vehicle for his exclusive use during the term~f this Agreement. D. DEFERRED COMPENSATION: During the term of this Agreement, City ~ ~o ~ ~ ~aaximum of 7% based on ROUGH'S monthly salary E° towards a deferred compensa Deferred Compensation Plan Employee's name and whatever a ROUGH in the event of his depa ADMINISTRATIVE LEAVE: Admin the same as those granted employment with the City (13 d tion plan selected by ROUGH. The contribution shall be under the :cumulated amount shall be retained by ~ture from City employment. [strative leave benefits shall remain to ROUGH during his first year of ~ys per year). F. VACATION LEAVE: Vacation leave benefits shall remain the same as those granted to ROUGH during his first year of employment with the City (five weeks per year). G. HOLIDAYS: ROUGH shall be allowed the same number of holidays (13) per year that are granted to the employees of the City. H. SICK LEAVE: Sick leave benefits shall remain the same (12 days per year) as those granted to ROUGH during his first year of employment with the City. I. RETIREMENT: City and ROUGH agree to the same contribution to the Public Employees Retirement System (PERS) that was provided to ROUGH during his first year of employment with the City (City pays 4%/Employee pays 3%). J. TRAINING & CONFERENCES: Time off shall be allowed ROUGH when authorized at full pay plus expenses. K. SERVICE CLUB REIMBURSEMENT: City agrees to reimburse ROUGH for annual dues, fines, meals and special assessments when participating in service clubs and other community organizations (as defined in Policy Resolution No.17). L. DEATH IN FAMILY: City agrees to allow ROUGH three (3) days off with full pay in the event of a death in his family. BONDING: City shall bear the full cost of any fidelity or other bonds required of ROUGH under any law or ordinance. STANDARDS OF PERFORMANCE: The City Council shall conduct an annual review and evaluation of ROUGH'S performance. RESIGNATION, TERMINATION AND SEVERANCE: 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 preemptorily discharges him without such notice, he shall be entitled to an immediate cash payment equalling three (3) months salary. Severance payment shall be computed from and shall be payable on the last day of service. The last day of service shall be as determined by the City Council. In the event ROUGH voluntarily resigns his position, ROUGH agrees to give the Council, at least, sixty (60) days notice, in writing, of his intention to resign. ROUGH agrees to serve at the sole pleasure and discretion 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. INDEMNIFICATION: City shall defend, save harmless and indemnify ROUGH against any tort, professional liability claim or demand or other legal action, to the extent permitted by State law. WAIVER OF 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 representative of both parties to this Contract. 9. GOVERNING LAW: This Contract shall be governed by the laws of the State of California. 10. PREVIOUS AGREEMENT: Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superseded by this Contract and such prior Agreement shall have no further force or effect. 11. PARAGRAPH HEADINGS: The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Contract. 12. NOTICE: Whenever notice to a party is required by this Contract, it shall be deemed given when deposited with proper address 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 L. ROUGH, JR. Civic Center 300 Seminary Avenue Ukiah, CA 95482 13. 14. 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. 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, City of Ukiah and Charles L. Rough, Jr. have executed this Contract on the day and year first written ~bove. ~ CHARLES L. ROUGH, JR/ CITY OF UKIAH MAYOR R:Agree2 Managerl