HomeMy WebLinkAboutA4219 - DAVID READY CITY MANAGER EMPLOYMENT ko
AMENDMENT No. 3 TO EMPLOYMENT AGREEMENT
This Amendment No. 3 to Employment Agreement ("Amendment") is
made and entered into this 3d day of October, 2007, by and between the City of
Palm Springs, California charier city ("City") and David H. Ready ("Manager").
Recitals
A. The City Council has completed its most recent annual performance
evaluation of the Manager and based [hereon desires to modify certain terms
and conditions of the Manager's employment agreement with the City, as
amended ("Agreement").
B. Manager is agreeable to modifying certain terms and conditions of the
Agreement pursuant to the terms of this Amendment.
In consideration of the promises and covenants contained in this Amendment
and other good and valuable considerations, the City and the Manager agree:
Aareemenl
Section 1. The first sentence of Section 4 of the Agreement (entitled "Salary")
is amended to read:
"City agrees to pay Manager for his services rendered pursuant to this
Agreement, an annual base salary of $250,000.00 annually, payable in the
same manner and at the same time as other employees of the City are
paid."
Except as provided above, the provisions of Section 4 of the Agreement shall
remain in full force and effect.
Section 2. Subsection E of Section 5 of the Agreement is amended to read-
E. Upon leaving city service, Manager may elect to remain a member
of a city health insurance program (which may be the health insurance program
the Manager was enrolled in at [he time he leaves city service or another health
insurance program as the City in its sole discretion may designate). In the event
Manager elects to remain in such program, the Manager shall pay all premiums
and shall otherwise be responsible for all costs for such insurance program.
Manager's rights to make the election provided in this subsection shall expire 60
days after the Manager leaves city service.
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ORIGINAL
Section 3. Subsection F is added to Section 5 of the Agreement to read:
F. In lieu of and notwithstanding the provisions of Section 4-B of City
Council Resolution No. 21962, as may be amended from time to time, the
Manager shall be reimbursed upon separation from service as an employee of
the City the costs for the single person Blue Cross PPO, as the City may amend
from time to time, as follows:
1) After 7.5 years of full-time continuous service with the City,
50% of the cost of the health insurance premium,
2) After 11.5 years of full-time continuous service with the City,
75% of the cost of the health insurance premium; and
3) After 15.5 years of full-time continuous service with the City,
100% of the cost of the health insurance premium.
Manager shall not receive reimbursement for health insurance premiums until the
date of his separation from city service or his 50�h birthday, whatever date occurs
last and only so long as Manager maintains continuous membership in a city
approved health plan at his own expense.
Manager shall not be eligible for or entitled to any of the benefits provided in this
Subsection F in the event Manager voluntarily leaves city service prior to his 50th
birthday.
Section 4. The City and the Manager agree that the terms of the Agreement
shall remain unchanged and in full force and effect, except as specifically
provided in this Amendment.
IN WITNESS WHEREOF, the City and the Manager have executed and entered
into this Amendment as or the date first written above,
City of Palm Springs Manager
A California Charter City
Mayor David H. Ready, sq., Ph.D.
-Attest: Approv s to Form:
1
y Clerk Ci y Itorney
APPROVED BY CITY COUNCIL
0• .p14 000®C3
David H Ready
Employment Agreement
Amend 2 to A4219
MO 7855 05-03-06
AMENDMENT No. 2 TO EMPLYMENT AGREEMENT
This Amendment No. 2 to Employment Agreement ("Amendment") is
made and entered into this 3d day of May, 2006, by and between the City of
Palm Springs, a California charter city ("City") and David H. Ready ("Manager").
Recitals
A. The City Council of City has completed its most recent annual
performance evaluation of Manager and based thereon desires to modify certain
terms and conditions of the underlying employment agreement the City and
Manager, dated May 17, 2000, and amended on July 5, 2001. (The employment
agreement, as amended, is referred to as "Agreement.")
B. Manager is agreeable to modifying certain terms and conditions of the
Agreement pursuant to the terms of this Amendment.
Now Therefore, in consideration of the promises and covenants contained in this
Amendment, and other good and valuable considerations, the receipt and
sufficiency of which are acknowledged, the parties to this Amendment agree:
Agreement
Section 1. The second sentence of Subsection A of Section 3 of the
Agreement (entitled "Termination and Severance Pay") is amended to read:
"The City Council may in its absolute discretion if approved by three (3)
members at a meeting held in accordance with the provisions of the
Brown Act (Gov. Code Section 54950 of seq.) terminate the employment
of Manager at any time, with or without cause, provided that upon
termination the City shall pay Manager as severance pay a lump sum
cash payment equal to twelve (12) months' salary."
Except as provided above, the provisions of Subsection A of Section 3 shall
remain in full force and effect.
Section 2. The first sentence of Section 4 of the Agreement (entitled "Salary")
is amended to read:
"City agrees to pay Manager for his services rendered pursuant to this
Agreement, an annual base salary of $200,000.00 annually, payable in the
same manner and at the same time as other employees of the City are
paid. "
Except as provided above, the provisions of Section 4 of the Agreement shall
remain in full force and effect.
0Mrr;iiIAL BlD
Section 3. Manager shall not be entitled to the annual adjustment provided in
Section 4 of the Agreement until the Anniversary Date in 2007.
Section 4. Subsection E is added to Section 5 of the Agreement to read:
E. Upon leaving city service and unless Manager meets criteria for
retiree health insurance as allowed under the current personnel rules, Manager
may elect to remain a member of a city health insurance program (which may be
the health insurance program the Manager was enrolled in at the time he leaves
service or another health insurance program as the City in its sole discretion may
designate). In the event Manager elects to remain in such program, the Manager
shall pay all premiums and shall otherwise be responsible for all costs for such
insurance program. Manager's rights to make the election provided in this
subsection shall expire 60 days after the Manager leaves service.
Section 5. The parties agree that, except as specifically provided in this
Amendment, the terms of the Agreement shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this
Amendment as of the date first written above.
City of Palm Springs
a California charter City
s APPROVED DY CITY COUNCIL
Mayor
Attest: Approv as to Form:
,C-Fy Clerk City ttorney
David H Ready
e�
David H. Ready `� q
. David H. Ready
CM employment Agr
AGREEMENT #4219 AMEND 1
M06881, 7-5-01
AMENDMENT NO. 1 TO EMPLOYMENT AGREE___ .
Thus AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT("Amendment")is made
and entered into this 5th day of July, 2001 by and between the CITY OF PALM SPRINGS, a
California municipal corporation("CITY") and DAVID H. READY("MANAGER").
RECITALS
A. The City Council of the CITY has completed its first annual performance evaluation of
MANAGER and, based thereon, desires now to modify certain terms and conditions of the
underlying employment agreement between MANAGER and CITY dated May 17, 2000, the
effective date of which is Jnme 12, 2000 when MANAGER's employment at the CITY began
("Agreement").
B. MANAGER is agreeable to modifying certain terms and conditions of the Agreement
pursuant to the terms hereof.
NOW THEREFORE, in consideration for the promises and covenants contained herein,the above
recitals,and other good and valuable considerations,the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
AGREEMENT
Section 1. Section 4 of the Agreement entitled"SALARY" shall be amended in its entirety to
read as follows:
SECTION 4. SALARY_
CITY agrees to pay MANAGER for his services rendered pursuant hereto,an annual
base salary of S135,000.00 annually or $11,250.00 per month commencing on the
Anniversary Date,and payable in the same manner and at the same time as other employees
of the CITY are paid. Such base salary shall be adjusted annually by the following: (i) 5%
increase as applied to the salary paid to MANAGER for the year immediately preceding the
increase, which increase shall be effective as of the month and day corresponding to the
Anniversary Date, plus (ii) a cost-of-living adjustment in the amount and payable on such
date as provided in the Memorandum of Understanding and as paid to CITY's Management
employees under the CITY's Management Compensation Program.
Section 2. Section 5 of the Agreement, entitled "MANAGEMENT BENEFIT PACKAGE",
shall be amended to add a new Subsection 5.E., immediately following Subsection 5.D. to read as
follows,with all other provisions of Section 5 remaining unchanged and in full force and effect:
IRv 912792 vt
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SECTION 5. MANAGEMENT BENEFIT PACKAGE
E. CITY shall reimburse MANAGER the actual costs paid by
MANAGER for tuition for a Ph.D. degree up to a maximum of$5,000, provided and
paid only at such time as MANAGER successfully completes his Ph.D.dissertation.
Section 3. Section 6 of the Agreement,entitled"HOURS OF WORK,LEAVES,HOLIDAYS,
VACATIONS AND SICK LEAVE", shall be amended to add a new Subsection 6.E.,immediately
following Subsection 6.D. to read as follows, with all other provisions of Section 6 remaining
unchanged and in full force and effect:
SECTION 6. HOURS OF WORK, LEAVES, HOLIDAYS, VACATIONS AND
SICK LEAVE
E. MANAGER shall be entitled to take 3 administrative leave days per
year to attend continuing legal education.courses.
Section 4. Due Execution. The person(s) executing this Amendment on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (h)they are duly authorized to
execute and deliver this Amendment on behalf of said party, (iii) by so executing this
Amendment, such party is :formally bound to the provisions of this Amendment, and (iv)the
entering into this Amendment does not violate any provision of any other agreement to which
said party is bound.
Section 5. Full Force and Effect. The parties agree that, except as specifically provided in
Us Amendment,the terms of the Agreement shall remain unchanged and in full force and effect
(Signatures on following page)
1RV 412792 vl _2_
IN WITNESS WHEREOF,the parties have executed and entered into this Amendment as of the
date first written above.
"CITY"
CITY OF PALM SPRINGS, a California municipal
corporation
ATTEST:
B}
City Clerk l Mayor
APPROVED AS TO FORM:
torney
"MANAGER"
DAVID Ii. READY
Signature
End of Signatures
IRV RI2792 v1 _3_
M E M O R A N D U M
DATE: July 20, 2001
TO: David H. Ready— City Manager
FROM: Office of the City Clerk
RE: Amendment#1, A4219
CC: File
Attached please find one copy of Amendment#1 to your Employment Agreement
with the City of Palm Springs, approved by the City Council on July 5, 2001,
Minute Order 6881.
I have retained one copy for our files and forwarded a copy to Finance.
Ae� a
Barbara White �j
cc: Finance
David H. Ready
Employment Agreement
.AGREEMENT #4219
5-17-00 by motion
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (herein "Agreement") is made and entered into
this /11day of 2000, by and between the CITY OF PALM SPRINGS,
CALIFORNIA, a municiAl corporation (hereinafter "CITY"), and DAVID H.' READY,
(hereinafter "MANAGER"), both of whom understand as follows:
WITNESSETH
WHEREAS. the City Council of the city of Palm Springs (hereinafter called the
"COUNCIL") desires to retain the services of David H. Ready as City Manager, as that office is
created in Chapter 2.08 of Title 2 of the Palm Springs Municipal Code and Section 403 of the
Palm Springs City Charter, as the same may be amended from time to time, and any successor
provisions thereto, and to retain his services as Executive Director of the PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY (hereinafter "AGENCY"), the PALM
SPRINGS HOUSING AUTHORITY (hereinafter "AUTIORITY") and other agencies of the
City; and
WHEREAS, it is the desire of the CITY to provide certain benefits, establish certain
conditions of employment, and to set working conditions of employment and it is the desire of
MANAGER to secure employment as City Manager of said CITY; and
WHEREAS, it is the desire of the CITY to (1) secure and retain the services of the
MANAGER and to provide inducement for him to remain in such employment, (2) to make
possible full work productivity by assuring MANAGER's morale and peace of mind with respect
to future security, and (3)to provide a just means for terminating MANAGER's services.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES
A. CITY hereby agrees to employ David H. Ready as City Manager of the
City of Palm Springs to perform the functions and duties specified in Chapter 2.08 of Title 2 of
the Palm Springs Municipal Code and Section 403 of the Palm Springs City Charter, as the same
may be amended from time to time, and any successor provisions thereto, and to perform other
legally permissible and proper duties and functions consistent with the office of City Manager, as
the COUNCIL shall from time to time assign, including, but not limited to the duties of
AGENCY's and AUTIIORITY's Executive Director.
B. The parties understand that MANAGER shall devote a portion of his
professional efforts provided for herein in the capacity of Executive Director for AGENCY and
AUTHORITY, and other agencies in the CITY. In accordance with cmnrent procedures,
MANAGER shall account for his time expended on behalf of said agencies per the customary
practice now utilized by CITY's employees so that CITY may be reimbursed by said agencies for
the provision of MANAGER's services.
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SECTION 2. TERM
A. MANAGER shall commence his services hereunder on June 12, 2000
(hereinafter "Anniversary,Date").
SECTION 3. TERMINATION AND SEVERANCE PAY
A. MANAGER is an "at-will" employee serving at the pleasure of the
COUNCIL and subject to dismissal without any right of notice or hearing, including any Skelly
hearing. The CITY may in its absolute discretion if approved by three (3) members of
COUNCIL at a meeting held in accordance with the Brown Act (Gov. Code § 54950 et seq.)
terminate the employment of MANAGER at any time, with or without cause, provided that upon
termination the CITY shall pay MANAGER as severance pay a lump sum cash payment equal to
six (6) months' salary. The severance payment shall be computed from the last day and shall be
payable on the last day of service. MANAGER shall not be entitled to any other benefits or
payment after the last day of service except for (1) said severance payment, (2) the coverage
provided in sub-section B below, and (3) benefits or payments accrued prior to the last day of
service. The last day of service shall be as determined by the COUNCIL.
B. For a period of one (1) year :Following termination, or for a lesser period
until MANAGER obtains employment where such benefits are provided, CITY shall continue to
pay for MANAGER'S medical benefits as provided in Section 5.
C. Notwithstanding any other provision of this Section 3, CITY shall not be
obligated to make any severance payment as described herein(in either subsection A or B above)
if MANAGER is terminated for cause, including but not limited to corrupt or willful misconduct
in office, malfeasance, misfeasance or nonfeasance constituting grounds for removal from office
or conviction of an illegal act involving moral turpitude. In the event MANAGER is under
investigation for any of the foregoing reasons, the CITY may withhold part or all of such
severance pay until it is determined if charges will be filed, and if charges are filed, until final
judgment is rendered.
D. MANAGER may resign his position with CITY at any time, but in such
event shall give the CITY a minimum of thirty(30) days'notice in advance.
E. The severance rights provided in this Section shall be in lieu of any other
notice, hearing or severance rights MANAGER may have under any other code or regulation of
the CITY and MANAGER expressly waives all such rights, including the notice and hearing
procedure of Ordinance 116, except as provided herein.
SECTION 4. SALARY
A. CITY agrees to pay MANAGER for his services rendered pursuant hereto,
an annual base salary of $135,000.00 annually or $11,250.00 per month commencing on the
Anniversary Date, and payable in the same manner and at the same time as other employees of
the CITY are paid. It is understood that MANAGER will not receive those salary cost-of-living
adjustments which may be granted by the COUNCIL under the terms of a Memorandum of
Understanding or other action of CITY toward its employees.
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SECTION S. MANAGEMENT BENEFIT PACKAGE
A. Except as otherwise provided herein,MANAGER shall be granted the same
package of benefits(including any increase therein)as provided to CITY's Management employees
and those benefits outlined in the CITY's Management Compensation Program. All such benefits,
and the benefits described hereunder shall be deemed "fringe benefits" herein. This includes the
CITY's continued participation and contributions of CITY and MANAGER's obligations to the
Public Employees Retirement System,group health,dental,and related insurance programs(family
coverage) in accordance with the PERS contract with the CITY-
B. CITY shall, in lieu of any other life insurance,provide MANAGER
with a term life insurance policy in the amount of$100,000.00.
C. CITY shall contribute$7,500 annually to the ICMA Retirement Fund,
or other deferred compensation provider offered by the CITY, as designated by the City Manager.
D. CITY agrees to provide, at CITY expense, to MANAGER, once
annually,a comprehensive physical examination by a physician of MANAGER's choice at a cost not
to exceed Five Hundred Dollars ($500.00) if not covered by the medical plan.
SECTION 6. HOURS OF WORK LEAVES HOLIDAYS VACATIONS AND SICK
LEAVE
A. MANAGER shall accrue and vest vacation time at the rate of twelve
(12)hours per month,in accordance with City rules and regulations governing that benefit for other
Management employees.
B. MANAGER shall accumulate and use sick leave time in the same
manner as provided in City rules and regulations governing that benefit for other Management
employees.
C. MANAGER shall be entitled to receive the same holidays as other
employees,unless his services are specifically required by the COUNCIL or by the CITY's business.
D. It is understood that MANAGER will take no vacation or leave days
without notification and approval of the Mayor, who may bring this matter before the entire
COUNCIL if he or she deems that vacation or leave would not be appropriate at the time requested.
SECTION 7. AUTOMOBILE ALLOWANCE
A. CITY agrees to provide MANAGER with an automobile allowance
of Four Hundred Fifty Dollars ($450.00) per month. COUNCIL agrees to review the cost and
expenses incurred by MANAGER related to automobile usage on behalf of CITY on an annual
basis, and to increase the automobile allowance provided hereunder, if the allowance provided
hereunder does not cover all such costs and expenses borne by MANAGER. In lieu of the
foregoing, CITY may, with the consent of MANAGER, provide an automobile .for MANAGER
for unlimited use by MANAGER for transportation to and from his place of residence to work in
Palm Springs, for CITY business and related travel, and all other purposes, whether business or
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otherwise. In such case, CITY shall provide for all insurance and maintenance of said vehicle,
and for gasoline used in the performance of CITY business and related travel only.
SECTION S. OTHER ASSOCIATIONS; MEMBERSHIPS AND SUBSCRIPTIONS
A. MANAGER agrees to actively participate in such state, regional and local
organizations as necessary for the representation of CITY and for effective performance of his
duties, including the Coachella Valley Association of Governments and other regional and
subregional organizations.
B. CITY agrees to budget and pay professional dues and subscriptions on
behalf of MANAGER which are reasonably necessary for MANAGER's continued participation
in national, regional, state or local associations and organizations necessary and desirable for
MANAGER's continued professional participation, growth and advancement or for the good of
CITY and AGENCY including the International City Management Association, League of
California Cities and the Contract Cities Association. Furthermore, CITY shall budget and pay
for the professional due and subscriptions to such additional organizations as approved by the
CITY COUNCIL.
C. CITY agrees to budget and pay the travel and subsistence expenses of
MANAGER for official travel, meetings, and occasions reasonably adequate to continue the
professional development of MANAGER as City Manager and to reasonably pursue necessary
official functions for CITY, AGENCY, and/or AUTHORITY, including, but not limited to the
annual conference of the International City Management Association, the League of California
Cities, the Contract Cities Association and other such national, regional, state and local
government groups and comrnittees of which MANAGER serves a member, as approved by the
CITY COUNCIL.
SECTION 9. RESIDENCE AND RELOCATION EXPENSES
A. MANAGER during the term of his employment shall reside in the City of
Palm Springs.
B. CITY agrees to reimburse MANAGER for the costs and expenses of
packing and moving MANAGER, MANAGER's family and MANAGER's personal property
from MANAGER's current residence to MANAGER's new residence. Costs and expenses
eligible for reimbursement shall include unpacking, storage and insurance costs attendant to such
relocation. MANAGER shall obtain estimates from three reputable and responsible moving
companies prior to incurring any moving expenses, and shall contract with the company which
provides the lowest total bid price. In addition, CITY shall pay MANAGER reasonable and
actual transportation and lodging expense for up to two trips to Palm Springs to find housing.
The total reimbursement payable under this Section shall not exceed Ten Thousand Dollars
($10,000.00).
SECTION 10. PERFORMANCE EVALUATION
A. At least once annually, COUNCIL and MANAGER shall mutually define
such goals and performance objectives which they determine necessary for the proper operation
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of CITY and AGENCY in the attainment of Council's policy objectives. Further, COUNCIL and
MANAGER shall establish a relative priority among those various goals and objectives to be
reduced to writing with a mutual expectation of MANAGER's achievement of those goals and
objectives within a mutually agreed upon time frame. The evaluations shall be conducted and
completed generally about July each year.
B. COUNCIL shall review and evaluate the performance of MANAGER at
least once annually_ The annual review and evaluation shall be in accordance with criteria
developed jointly by COUNCIL and MANAGER. Such criteria may be added to or deleted as
COUNCIL may from time to time determine in consultation with MANAGER.
SECTION 11. INDEMNIFICATION
CITY shall defend, hold harmless and indemnify MANAGER against any tort,
professional liability claim or demand or other legal action, arising out of an alleged act or
omission occurring in the performance of MANAGER's duties in accordance with the provisions
of California Government Code § 825. CITY may compromise and settle any such claim or suit
and pay the amount of any settlement or judgment rendered therefrom. This covenant shall
survive the termination of this Agreement.
SECTION 12. BONDING
CITY shall bear the full cost of any fidelity or other bonds required of MANAGER under
any law or ordinance.
SECTION 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. COUNCIL, in consultation with MANAGER, shall fix any such other
terms and conditions of employment as it may determine from time to time, relating to the
performance of MANAGER, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the Palm Springs Municipal Code, any Charter
provision, ordinance or resolution of the CITY,or other applicable law.
B. Working conditions, rules an regulations applicable to Management
employees of CITY, as such rules not exist or hereinafter may be amended, shall also apply to
MANAGER, except where such working conditions are contained within this Agreement or are
inconsistent with the terms contained herein.
SECTION 14. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of MANAGER.
C. This Agreement shall become effective upon execution.
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D. If any provision or any portion thereof contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable and shall not be affected and shall remain in full force and effect.
E. In the event of any legal action between the parties hereto to enforce the
provisions of this Agreement, the prevailing party shall be entitled to reasonable legal fees and
costs as fixed by the Court.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and duly
executed on its behalf by its Mayer, and duly attested by its City Clerk, and MANAGER has
signed and executed this Agreement, in duplicate,the day and year first above written.
ITY OF PALM SPRINGS
WILLIAM G. KLEINDIENST
MAYOR
ATTEST:
4SZSA'-N�DERS
CITY CLERK
MANAGER
APPROVED AS TO FORM:
r✓d�r�
DAV,I0. ALESHIRE
CITY ATTORNEY dPl'CC�r � ®yf 710ii��f
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SPOUSAL CONSENT
The undersigned is the spouse of //ion and hereby consents to
's execution of the above Agreement and agrees to be bound by the terms
of said agreement.
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