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Home My WebLink About4.05 City Manager Agmt CITY CLERK File # J JJ(' JJ 2JJ.OJ-J l DJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 2003 SUBJECT: City Manager's Employment Agreement Report Prepared by Agency Negotiating Team (Vice Mayor McCormick and Councilmember Oravetz) ATTACHMENTS: 1) 2) 3) RECOMMENDATION: ~/~A~I) City Manager's Employment Agreement First and Second Amendments to Agreement Proposed Third Amendment to Employment Agreement Approve Third Amendment to City Manager's Employment Agreement FINANCIAL STATEMENT: Sufficient funding is available in the 2003-04 Budget. DESCRIPTION: Pursuant to City Council direction on July 15, 2003, the Agency Negotiating Team (Vice Mayor McCormick and Cm. Oravetz) 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 (by 3.2%) the City Manager's base salary from $160,808 to $165,954 per year. 2. It is proposed to increase the City Manager's auto allowance from $440/month to $541.67/month. It is proposed to increase the City's contribution to the City Manager's deferred compensation plan by $1,000 per year. 4. It is proposed to increase the City Manager's Management Leave from six to twelve days a year. The above changes would be effective July 1, 2003. COPIES TO: G:\CC-MTGSX2003-qtr4kDec~,I 2-02-03\as-city manager agmt. DOC ITEM NO. 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. -~..~ services. AMBROSE is currently the City Manager of the Ciq'Y. The CITY acknOWledges and recognizes the value .of AMBROSE'S C. The C1TY 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 'June 6, 2000. Dudng 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 t° AMBROS~,"'and AMBROSE shall accept from the cITY, for services rendered dudng the employment term, a base salary of $143,000..per year' ($11,916.661month),.payable in.accordance with the CITY'S adopted payroll periods. Ambrose Agreement "' . Page 1 of d ATTACHMENT 1 3.' :ExDenses 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 i', 2000 and each.. May1 thereafter. ' AMBROSE Will be allowed to carry over to the next year any unusec~ general leave days from the prior~ year to a maximum carry-over of 360 hours. When AMBROSE has reached the maximum carry-oretor 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. Management Leave Ambrose shall be entitled 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 sh~il be. based upon AI~-~BROSE'S base salary identified in paragraph 2. . . . ' . c. Payments upon'Resignation or,Termination in the event that AMBROSE'S sen/ices 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 : - employer and the employee contributions to PERS for the regular program. The CITY..wiil prOvide AMBROSE with the following benefits:. a. A PERS Retirement Program, with the CITY paying both the in addition, Ambrose Agreement Page 2. 'of 4 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 bea 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 CITY of Dublin Dental/Optical/Health Expense Reimbursement Plan shall' be.$900 for AMBROSE. .. d. The CITY Shall pay the insurance premium cost for Long Term Disability i'nsurance 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 a~jree 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 i'n 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 ('t 8) months of the 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 iOth 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 pedod following the'effective date of termination at the rates :in 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/or.employee benefits not specifically identified in.this'AGREEMENT. ' - ' . . - -page 3' of 4. Ambrose 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 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 WITNESS 'WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, the day and year first above written. cITY OF~UBLIN - ' Richard C. Ambros"e.-~ 'ATTEST: . J:\wpd~nnm~\114\001~2000~agree~ambrose_emptoyment_601 .dec Ambrose Agreement Page 4 of 4 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: as follows; "2. Compensation Commencing on July 3, 2001, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment term, a base salary of $I53,150 per year ($t2,762.50/month), payable in accordance with the CITY'S adopted payroll pedods. Subparagraph f of paragraph 5 of said AGREEMENT is amended to read "f. The CI.TY shall agree to AMBROSE'S participation i'n 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 Am .endment to Ambrose Agreement ' Page t 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~. 'ouSton, Mayor ATTEST: KaY i(e~ity Richa~ C. Ambrose''J ~'--- ' J:\wpdWlnrsw~114'~001~001 ~.gree~ambrose_employment amend1,091301.doc. First Amendment to Ambrose Agreement Page 2 of 2 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 as follows: 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. Subparagraph f of paragraph 5 of said AGREEMENT is amended to read "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 t° Ambrose Agreement Page 1 of 2 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 ATTEST: Richard C. Ambrose Kay Keck, City Clerk 61126 Second Amendment to Ambrose Ag reement Page 2 of 2 'N~I¢¢ THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND RICHARD C. AMBROSE This "Third 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" and the "Second Amendment to Agreement,' ("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: Paragraph 2 of the AGREEMENT shall be amended to read as follows: "2. Compensation as follows: Commencing on July 1,2003, the CITY shall pay to AMBROSE, and AMBROSE shall accept from the CITY, for services rendered during the employment term, a base salary of $165,954 per year ($13,829.50/month), payable in accordance with the CITY'S adopted payroll periods." Subparagraph f of paragraph 5 of said AGREEMENT is amended to read "f. The CITY shall agree to AMBROSE'S participation in a Deferred Compensation Plan. CITY shall contribute $10,000.00 per year to suCh Plan on AMBROSE's account, commencing July 2003. The annual contribution shall be prorated on a monthly basis." Third Amendment to Ambrose Agreement Page 1 of 2 ATTACHMENT 3 3. Paragraph 3 of the AGREEMENT shall be amended to read as follows: "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. Paragraph 4.d of the AGREEMENT shall be amended to read as follows: "b. Management 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 1st 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." Except as herein provided, the terms and conditions of said AGREEMENT shall remain in full force an effect. CITY OF DUBLIN By Janet Lockha~, Mayor ATTEST: Richard C. Ambrose Kay Keck, City Clerk 672547vl Third Amendment to Ambrose Agreement Page 2 of 2