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HomeMy WebLinkAbout05139 - THOMAS WILSON ASSISTANT CITY MANAGER CONTRACT OF EMPLOYMENT AMENDMENT NO. 1 TO CONTRACT OF EMPLOYMENT ASSISTANT CITY MANAGER This Amendment ("Amendment") to the Contract for Employment / Assistant City Manager by and between the City of Palm Springs ("City") and Thomas Wilson ("Assistant City Manager"), is hereby made and entered into and effective as of this 2d day of June, 2010. Recitals: A. The City and Assistant City Manager entered into a Contract of Employment, effective on August 1, 2005, with a fixed term of five years and no express terms for extension or continuing service beyond such five year term. B. The City desires the Assistant City Manager to continue his employment until such time as either the City Manager on behalf of the City or the Assistant City Manager expressly terminates the Contract of Employment as provided in Section 3.2 of the Contract of Employment and the City and the Assistant City Manager desire to eliminate any reference to a fixed term of office. Agreement: NOW, THEREFORE, the City and the Assistant City Manager agree as follows: Section 1. Section 3.1 of the Contract of Employment is amended in its entirety to read: 3.1 Assistant City Manager shall commence service as Assistant City Manager on August 1, 2005. Section 2. Section 4.2 of the Contract of Employment is deleted and shall no longer be in force or effect and the Parties ratify and confirm the Assistant City Manager's waiver of any rights he may have had in such provision. Section 3. The Contract of Employment is hereby modified with respect to the terms set forth in this Amendment. Except as specifically set forth in this Amendment, the terms of the Contract of Employment shall remain in full force and effect as executed by the Parties. IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Amendment. CITY OF PALM SPRINGS David H. Ready City Manager ATTEST: APPROVE BY CITY COUNCIL es Thompson , �. �� City Clerk APPROVED AS TO FORM: Dougl s Holland City Attorney THOMAS WILSON -2- I homas Wilson Contract of Employment Assistant City Manager AGREEMENT #5139 MO 7723, 7-20-05 CONTRACT OF EMPLOYMENT OF ASSISTANT CITY MANAGER CITY OF PALM SPRINGS THIS CONTRACT is made and entered into, to become effective on July 20, 2005, by and between the City of Palm Springs, a municipal corporation, hereinafter called "City" and Thomas Wilson, an individual, hereinafter called "Assistant City Manager," both of whom understand as follows: A. City desires to contract for services of Thomas Wilson as Assistant City Manager of the City of Palm Springs; and B. it is the desire of the City to secure the services of Assistant City Manager and to provide certain benefits, establish conditions of employment and set working conditions for Assistant City Manager; and C. Thomas Wilson desires to perform as Assistant City Manager of City. NOW, THEREFORE, in consideration of mutual covenants contained in this Agreement, the parties agree as follows: Section 1: Duties. 1.1 City hereby employs Thomas Wilson as Assistant City Manager of City to perform Assistant City Manager functions and duties as specified in the City of Palm Springs Job Classification, City Charter, Palm Springs Municipal Code, and Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. 1.2 Unless otherwise directed by the City Manager, the services of Assistant City Manager shall be performed at City Hall, provided, however, that City may require Assistant City Manager to travel temporarily to other locations to perform services for or on behalf of City. 1.3 Assistant City Manager will, to the best of his ability and experience, loyally and conscientiously perform all of the duties and obligations required of Assistant Coy Manager, either expressly or implicitly by the terms of this Contract. Section 2: Compensation and General Provision for Benefits 2.1 City agrees to pay Assistant City Manager an annual base salary of $1153,564, payable in installments at the same time that the other executive management employees of City are paid. 192559.3 Contract of Employment—Assistant City Manager—City of Palm Spring Page 1 of 5 ORIGINAL L 2.2 Assistant City Manager shall be entitled to the same benefits as other executive management employees, including annual adjustments to salary on the same terms and conditions applicable to all other executive management employees. Section 3: Term of Employment. 3.1 Assistant City Manager shall commence service as Assistant City Manager on August 1, 2005, and shall continue to serve for a period of five (5) years. 3.2 Either the City or Assistant City Manager may terminate this Contract at any time without advance notice, for any reason, no reason, with or without cause, and in their sole discretion. 3.3 In the event the City Manager terminates this Contract as provided in Section 3.2, Assistant City Manager shall have no right to an appeal or grievance procedure, as the Parties acknowledge and agree that he serves at the pleasure of the City Manager. In consideration therefore, and except as provided in Section 3.4 below, upon termination pursuant to this Section 3.3, City shall pay Assistant City Manager severance pay in an amount equal to six (6) months of his then current salary. 3.4 Notwithstanding Section 3.3, City may terminate Assistant City Manager, without payment of severance pay, upon the occurrence of the following: A. Conviction of a felony or misdemeanor involving moral turpitude; or B. A determination by a court of competent jurisdiction, or the State of California Fair Political Practices Commission, that Assistant City Manager knowingly and unlawfully participated in a government decision in which he had a conflict of interest, as defined in California Government Code Sections 871000 et seq., or California Government Code Sections 1090 et seq.; or C. Voluntary termination of Contract by Assistant City Manager; or D. Gross misconduct, malfeasance, or gross negligence in the performance of his duties under this contract. Section 4: Other Benefits. 4.1 Automobile, The Assistant City Manager shall be provided with an automobile allowance at Five Hundred Dollars ($500.00) per month. 4.2 Housinq Allowance. City Council desires that Assistant City Manager reside in Palm Springs and, to that end, in recognition of the higher costs of housing in Palm Springs compared to other areas of Riverside County where the Assistant City Manager could reasonably reside, the City Council is willing to provide a housing loan toward the purchase of a house within the corporate limits of the Palm Springs. The amount of the loan shall not exceed $500,000, subject to the Assistant City Manager making a down-payment of at least 10% of the purchase price towards the purchase of 192559.3 Contract of Employment—Assistant City Manager— City of Palm Springs Page 2 of 5 the house. The loan shall be evidenced by a note, secured by a first deed of trust recorded against the house the Assistant City Manager purchases. Assistant City Manager shall pay the principle amount in a lump sum five years from the date of the note, or within one year of the date of termination from employment, whichever occurs first. Assistant City Manager shall pay to City regular monthly payments of all accrued unpaid interest due on the unpaid principle as of each payment date at a variable rate of interest calculated by adding 1% to the average of the interest rates earned by the City on its investment portfolio invested in the State Treasurer's Local Agency Investment Fund. The lump sum payment may be extended an additional five years by mutual agreement of the City Council and the Assistant City Manager. 4.3 Relocation Expenses. City further recognizes that certain expenses related to Assistant City Manager's relocation are appropriate and desirable in order to secure his timely relocation and ability to assume his responsibilities at the earliest feasible date. The City will reimburse Assistant City Manager for up to $1,400.00 to cover the reasonable costs of the Assistant City Manager's travel, hotel expense, and meals, in making trips from his current residence in Milpitas, California, to Palm Springs as part of his efforts to timely affect his relocation and secure temporary and/or permanent housing. The City will reimburse Assistant City Manager for up to two months of temporary housing costs, anticipated to be at an extended stay hotel or similar facility, in an amount not to exceed $3800.00. In addition, the City will pay Assistant City Manager's moving costs in an amount equal to the lowest of two estimates Assistant City Manager shall secure and submit to the City Manager for review, in an amount not to exceed $8,200.00. Section 5: Performance Evaluation. 5.1 At least once annually, the City Manager and Assistant City Manager shall mutually define such goals and performance objectives which they determine necessary for the proper operation of the City in the attainment of City policy objectives. Further, the City Manager and the Assistant City Manager shall establish a relative priority arnong those various goals and objectives to be reduced to writing with a mutual expectation of Assistant City Manager's achievement of those goals and objectives within a mutually agreed upon timeframe. The evaluations shall be conducted and completed at such time as the City Manager may determine. 5.2 This annual review and evaluation shall be conducted in accordance with criteria established by the City Manager. Such criteria may be added to or deleted as the City Manager may from time to time determine is appropriate. 5.3 In his sole discretion, the City Manager shall be entitled to review the performance of Assistant City Manager on a more frequent basis, and without a written evaluation. Section 6: Construction and Amendment. This Contract shall be governed by the laws of the State of California. This Contract may not be modified, altered, or amended except in writing and signed by the City and the Assistant City Manager. 192559.3 Contract of Employment—Assistant City Manager— City of Palm Springs Page 3 of 5 Section 7: Recitals. The Recitals above are hereby incorporated into this section as though fully set forth herein and each party acknowledges and agrees that such Party is bound, for purposes of this Contract, by the same. Section 8: Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested or sent by electronic transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be confirmed within forty-eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: IF TO CITY: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA Attention: City Manager IF TO ASSISTANT CITY MANAGER: To address on file with the City's Director of Human Resources Either Party may, by written notice to the other, designate a different address, which shall be substituted for that specified above. Section 9: Miscellaneous. 9.1 Outside Employment. Assistant City Manager shall devote his entire productive time, ability and attention to the business of the City during the term of this Agreement. Notwithstanding the foregoing, the Assistant City Manager shall be entitled to continue teaching provided that the scheduling of such teaching activities does not interfere with the employee's other duties as Assistant City Manager. 9.2 Authority to Enter Into Contracts. It is expressly agreed that Assistant City Manager shall have no right or authority at any time to make any contract or binding promise of any nature on behalf of the City, whether oral or written, without the express written consent of, as appropriate, the City Manager or the City Council. 9.3 Integration. This Contract supersedes any and all other Contracts and understandings, either oral or in writing, between City and Assistant City Manager with respect to the employment of Assistant City Manager by City. Each party to this Contract expressly acknowledges that no representation, inducement, promise, or contract, orally or otherwise, have been made by any party, or any person acting on 192559.3 Contract of Employment—Assistant City Manager—City of Palm Springs Page 4 of 5 behalf of any party, which is not embodied herein, and that no other Contract, statement, representation, or promise not contained in this Contract shall be of any force or effect. 9.4 City's Policies and Procedures. The terms and conditions of Assistant City Manager's employment, including employment benefits of Assistant City Manager not specifically provided for in this Contract of Employment, shall also be governed by City's Personnel Policies and Procedures, as amended from time to time, to the extent not inconsistent with the provisions of this Contract. In the event of any such inconsistency or conflict, the provisions of this Contract shall govern. CITY OF PALM SPRINGS ------------- David Readyj City Manager er ATTEST: APPROVED BY CITYCQUr4CIL pv:y�`�.. L �... bn. Isar® _a,� ..d . 09 b• James Thompson , Ci y Clerk �ii;� /APPROVfDO FORM: By: Dolland, City Attorney T ILSON 192559.3 Contract of Employment—Assistant City Manager— City of Palm Springs Page 5 of 5 OjV4LMgA� N CITY OF PALM SPRINGS TRANSMITTAL * H 3 * !/F OR CITY CLERKS DEPARTMENT James Thompson, City Clerk TO: Thomas Wilson, Assistant City Manager Sue Mills, Human Resources Director David H. Ready, City Manager Craig Graves, Finance Director FROM: James Thompson, City Clerk DATE: August 10, 2005 SUBJECT: Agreement No. 5139 Assistant City Manager WE ARE SENDING YOU THE FOLLOWING: Fully executed corrected copy of City Agreement No. 5139 with Thomas Wilson for Assistant City Manager. Distribution: Thomas Wilson, Duplicate Original Sue Mills, Duplicate Original David H. Ready, Copy Craig Graves, Copy