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HomeMy WebLinkAbout02943 - ROB PARKINS CITY MANAGER CM EMPLOYMENT AGREEMENT . Robert W. Parkins Employment Agr. Amend 1 AGREEMENT #2943 MO 5861, 11-20-96 MST AMENDMENT TO - - - -- - _ CITY MANAGER. EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (herein "Amendment") is made and entered into thisc22/ = day of November, 1996, by and between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation (herein "Employer"), and ROEERT W. PAIRIHNS (herein "Employee"), and amends that certain Employment Agreement dated January 29, 1991 (herein "Agreement"), by and between the same parties. The parties agree to amend tyre Agreement as follows: WITNES1 TH WHEREAS, Employer employed Employee over five (5) years ago as City Manager of the City of Pahn Springs; and WHEREAS, as a part of the City's efforts to reduce expenses during the uncertain financial times affecting California cities during one of the nation's worst recessions, Employee voluntarily took,a Ten Thousand Dollar ($10,000.00)reduction in annual salary effective Judy 1, 1992; and WHEREAS, the City Council has entered into memoranda of understanding with its employee bargaining units to bring the employees up to median salary levels as recommended by the Classification and Compensation Study conducted by Ralph Anderson & Associates; and WHEREAS, it is the intent of the City Council to acknowledge its management employees, including the City Manager, for the many sacrifices that they have made during this period of tone; and WHEREAS, the City Council intends to restore to the City Manager the Ten Thousand Dollar ($10,000.00) cut that he voluntarily took in 1992, as well as provide a Two Thousand Dollar ($2,000.00) increase which would only be a two percent (2%) increase over a period of six (6) years. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANT'S HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: SECTION 1. Section 4 of the Agreement is amended to delete the annual base salary of Nine Thousand One Hundred Sixty-Six Dollars and Sixty-Seven Cents ($9,166.67)per month, and a new annual base salary shall be inserted to be Nine Thousand Three Hundred Thirty-Three Dollars and Thirty-Four Cents ($9,333.34) per month, commencing retroactively as of July 1, 1996, SECTION 2. Except as expressly provided above, all other terms and conditions of the Agreement shall remain in full force and effect. 276/014084-000113034177.1 m11/14/96 4- • o IN WITNESS WHEREOF, the City of Palm Springs has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. "Employer" CITY OF PALM SPRINGS, a municipal corporation Will Kleindienst, Mayor ATTEST: City.,Clerk APPROVED AS TO FORM: City Atto "Employee" O Robert W./Pkrldns 2761014084-000113034177.1 mlll14l96 -2- QRobert W. Parkins Employment Agreement AGREEMENT #2943 EMPLOYMENT AGREEMENT By Motion, 1-29-91 THIS EMPLOYMENT AGREE ENT (herein "Agreement" ) is made and entered into this Zay of , 19q], by and between the CITY OF PALM SPRINGS, CAUL—I—PO—RAIA, a municipal corporation, (herein "Employer" ) , and ROBERT W. PARKINS (herein "Employee" ) , both of whom understand as follows : W 1: T N E S S E T H WHEREAS, Employer desires to employ the services of Employee as City Manager of the City of Palm Springs, California, as provided by the Palm Springs Municipal Code; and WHEREAS, it is the desire of the Governing Body (herein "Council" ) , to provide certain benefits, establish certain conditions of employment, and to set working conditions of Employment; and WHEREAS, it is the desire of the Council to ( 1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, ( 2) to make possible full work productivity by assuring Employee ' s morale and peace of mind with respect to future security, and ( 3) to provide a just means for terminating Employee ' s services at such time as he may be unable fully to discharge his duties or when Employer may otherwise desire to terminate his employment; and WHEREAS, Employee desires to secure employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows : SECTION 1. DUTIES Employer hereby agrees to employ Employee as City Manager of said Employer to perform the functions and duties specified in the Palm Springs Municipal code and to perform such other legally permissible and proper duties and func- tions as the Council shall from time to time assign. SECTION 2. TERM Employee shall commence his services hereunder on AJj+RCJ4I , 1991, (herein "Anniversary Date" ) . 1/23/91 -1- _ � Q EMPLOYMENT AGREEMENT ROBERT PARKINS SECTION 3. TERMINATION AND SEVERANCE PAY A. Employee is an "at-will" employee serving at the pleasure of Employer and subject to dismissal without any right of notice or hearing, including any Skelly hearing. The Employer may in its absolute discretion terminate the employment of Employee at any time, with or without cause provided that, except as otherwise provided herein, upon termination the Employer shall pay Employee as severance pay a lump sum cash payment equal to six ( 6) months ' salary. The severance payment shall be computed from and shall be payable on the last day of service. Employee shall not be entitled to any other benefits or payment after the last day of service except for said severance payment and benefits or payments accrued prior to the last day of service. The last day of service shall be as determined by the City Council. B. Notwithstanding any other provision of this Section 3, the City shall not be obligated to make any severance payment as described herein if Employee 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 Employee 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. C. Employee may resign his position with the Employer at any time, but in such event shall give the Employer a minimum of thirty (30) days ' notice in advance. D. The severance rights provided in this Section shall be in lieu of any other notice, hearing or severance rights Employee may have under any other code or regulation of the City, and Employee expressly waives all such rights except as provided herein. SECTION 4. SALARY Employee agrees to pay Employee for his services rendered pursuant hereto, an annual base salary of $9,166 . 67 per month commencing on the Anniversary Date, and payable in the same manner and at the same time as other employees of the Employer are paid. The Employer further agrees to review 1/23/91 -2- EMPLOYMENT AGREEMENT ROBERT PARKINS the Employee ' s salary once each year at approximately the Employee ' s Anniversary Date or during review of other manage- ment personnel and to make whatever adjustments Employer deems appropriate. It is understood that Employee 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 Employer toward its employees. SECTION 5. AUTOMOBILE Employer shall provide an automobile for Employee for unlimited use by Employee 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 otherwise. Employer shall also provide for all insurance and maintenance of said vehicle, and for gasoline used in the performance of City business and related travel only. SECTION 6. PROFESSIONAL DEVELOPMENT A. Employer agrees to budget for and to pay for the professional dues and subscription of Employee for his con- tinuation and full participation in national, regional, state and local associations and organizations which are desirable for his continued professional participation, growth and advancement, and for the good of the Employer . B. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to con- tinue the professional development of Employee and to ade- quately pursue necessary official and other functions for Employer, including but not limited to the League of Califor- nia Cities Annual Conference, conferences of the City Manager ' s Department of the League of California Cities, International City Management Association Annual Conference and such other national, regional, state and local governmen- tal groups and committees upon which the Employee may serve as a member . SECTION 7. GENERAL EXPENSES Employer recognizes that certain expenses of a non- personal and job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general 1/23/91 -3- EMPLOYMENT AGREEMENT ROBERT PARKINS expenses upon submittal of the appropriate expense or petty cash vouchers, receipts, statements or personal confirmation. SECTION 8. CONTRIBUTION TOWARD INSURANCE AND RETIREMENT A. Employer agrees during the entire term of this agreement to maintain the same percentage of contribution toward premiums for medical insurance, dental insurance, disability insurance and retirement benefits as are presently being paid for the Employer ' s other employees under the Employer ' s standard plans . B. Employer shall pay 100 percent of the premiums for a term life insurance policy with a death benefit amount of two times Employee ' s annual base salary. C. Employer shall contribute $7,500 annually to the ICMA Retirement Corporation, in accordance with the requirements thereof, as a retirement benefit on behalf of Employee. SECTION 9. HOURS OF WORK, LEAVES, HOLIDAYS, VACATIONS, AND SICK LEAVE A. Employee shall accrue and vest vacation time at the rate of 12 hours per month, in accordance with City rules and regulations governing that benefit for other management employees . B. Employee 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. Employee shall be entitled to receive the same holidays as other employees, unless his services are specifi- cally required by the Council or by the Employer ' s business. D. It is understood that Employee will take no vaca- tion 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 appropri- ate at the time requested. SECTION 10. SUPPLEMENTAL BENEFITS All provisions of the Personnel Ordinance and Rules and Regulations for the Personnel System of the City of Palm 1/23/91 -4- EMPLOYMENT AGREEMENT ROBERT PARKINS Springs relating to vacation, administrative leave, sick leave, holidays, and other fringe benefits and working conditions as they now exist or may hereafter be amended, shall apply to the City Manager as they would do other management employees of the City, except as provided herein. SECTION 11. INDEMNIFICATION Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action to the extent and in the manner permitted by State law. SECTION 12. BONDING Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or Ordinance. SECTION 13. MOVING EXPENSES Employer shall reimburse Employee for actual reasonable moving expenses incurred in relocating his household and professional goods ( including books, documents, and files) to the Palm Springs area, and for air transportation to Palm Springs. Employee 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. SECTION 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Palm Springs Municipal Code or any other law. SECTION 15. GENERAL PROVISIONS A. The text herein shall constitute the entire agree- ment between the parties. B. This Agreement shall be binding upon and inure to the benefits of the heirs at law and executors of Employee. 1/23/91 -5- 0 0 EMPLOYMENT AGREEMENT ROBERT PARKINS C. This Agreement shall become effective commencing a, 1991, or such date thereafter as it may be appro ed liy the City Council. IN WITNESS WHEREOF, the City of Palm Springs has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed. this Agreement, both in duplicate, the day and year first above written. CITY OF PALM SPRINGS I SONNY`­BONO MAYOR ATTEST: TJUD;IT) SU11IC11 CITY CLERK IC EM+ L'OY ROBERT PARKINS APPROVED AS TO FORM: DAVID LESHIRE APPROVED BY THE CITY COUNCIL / BY CITY ATTORNEY E i `' 1G/( 9i /7 SOT/oh 8/290/014084-0017/001 1/23/91 -6-