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CC RES 1980-066 RESOLUTION NO. 80-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING CONDITIONS ON THE OFFICE OF CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN EMPLOY- MENT AGREEMENT WITH DONALD F. GULUZZY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: Section 1: The Mayor of the City of Rancho Palos Verdes is hereby authorized to execute for and in behalf of the City of Rancho Palos Verdes, that certain Employment Agreement with Donald F. Guluzzy, a true and correct copy of which is attached hereto and incorporated herein by reference, providing for his employment as City Manager and providing for his salary, duties and terms of employment. Section 2: Residence. Residence in the City of a City Manager shall not be required as a condition of appointment. PASSED, APPROVED AND ADOPTED THIS 23rd day of September, 1980. (--q —CP411-CUerd)-- A4112144' MAYOR ATTEST: SHARON W. HIGHTOWER, ACTING CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL AOie /J., .0 4z:4a - • 0( RK I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 80-66 passed and adopted by the City Council of the City of Rancho Palos Verdes at a regular meeting thereof held on the 23rd day of September, 1980. /CII /CLE' CITY MANAGER 'S EMPLOYMENT AGREEMENT CITY OF RANCHO PALOS VERDES THIS AGREEMENT is made and entered into as of the 23rd day of September, 1980, by and between the City of Rancho Palos Verdes, State of California, a municipal corporation, hereinafter called the "City" , and Donald F . Guluzzy, hereinafter called 'Employee". RECITALS _z. The City Council of "City" desires: ( 1) To secure and retain the services of "Employee" . (2) To provide wages and benefits for said services. here which encourages full work productivity. ( 3) To provide an atmosphere p (Li.) - To encourage the highest standards of fidelity and public service. (5) T o �provide a mutually agreeable just means for terminating the "Employee's" services. . The "Employee" desires: (1) To accept employment as the City Manager with "City" . P to 3� (2) To provide services within "Employee's" full work productivity. ( 3) To exercise the highest standards of fidelity and public service. (Li.) To abide by the provisions of a mutually agreeable just means for terminating "Employee's" services. The parties further desire to provide certain benefits, establish certain conditions of employment, and to set the working a b 1 conditions of "Employee" . NOW, THEREFORE, in consideration of the mutual covenants �1, herein contained, the parties agree as follows: Section 1. Duties "City" agrees to= employ Donald F. Guluzzy as City Manager of City ag p � . "City" to perform: the functions and duties specified in the Rancho P such other legally Palos Verdes Municipal Code, and to perform u g y permissible and proper duties and:. functions as the City Council may from time to time assign. City Manager er Donald F . Guluzzy agrees to perform said duties and be accountable to "City" for all actions, "Employee's" city staff and contracted services. Section 2. Te:ri • this agreement shall prevent, limit, or otherwise A , Nothing in thi ag p, , interfere with the right of the City Council to terminate the services of "Employee" at any time, subject only to the • set forth in paragraph aph D of this Section 2 and provisions p• A and C of S ection 3 of this agreement. paragraph ATTACHMENT TO RESOL. NO.80-66 in this agreement shall prevent, limit, or otherwise B. Nothing �. g P interfere with the right of "Employee" to resign at any time from the Managers position with the. "City" , subject only to the provisions set forth in Section 2 , paragraph D and Section 3 paragraph B of this agreement. • "Employee" a rees to remain in the exclusive employ of "City" C . agrees and not to become otherwise employed while this agreement is in• effect. The term employed shall not be construed to include - 1 occasional teaching,• writing, or consulting performed outside • 1.. Y of normal working hours or on "Employee's" time off as provided . in Section 5, paragraph A. 4 -ti terminate this agreement by submitting written D. Either party may g y . , notice to the other that this agreement will terminate in �',,. - ninety (90) dat days. Said ninety (90) days shall be in addition - y to any accrued vacation, sick leave and holidays. - N Notwithstanding the provisions i ons of Section 2 here inabove set - E. o ng P forth, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of t (90) da next succeedin any genera. municipal election . nine y ,days succeeding held in the City at which. election a member of the City Council is elected or when a new City Councilman is appointed; the purpose of this provision is to allow any newly elected or appointed member of the City Council or a reorganized City PP - the City Manager Council to observe the actions and ability of y. nag in the performance of the powers and duties of his office. . Section 3. Severance Pay is immediate) and without ninety (90) A . In the event "Employee" , y days notice, terminated by. the City C ouncil at a time that "Employee" is still willing and able to perform the duties of _ City Manager, then and in that event the "City" agrees to pay 'Employee" . P sum cash payment lum a . m for all prorated and earned I. A P vacation and sick leave. . . . 2 The equivalent of three (3) month's salary if "Employee" has been employed by the "City less than one ( 1) year. :3. Th e equivalent of two (2) month's salary if "Employee" has been employed by the "City" for more than one ( 1) year but less than two (2) years. 4. The equivalent of one (1) month's salary if "Employee" has been employed by the "City" for more than three (3) years. Provided however, that in the event "Employee" is terminated because of "Employee's" conviction of any illegal act involving _ 2 ATTACHMENT TO RESOL. N0,80-66 gain �' or any felony, then and in that personal gain to Employee y. event "City" shall. have no obligation to pay any severance sum provided d for in paragraph A of Section 3. event the "Employee" initiates the termination, E. In the a at a time immediately and without ninety (90) days notice, a . "City" is willing to continue "Employee's" employment as when City � City Manager, then and in that event "Employee" agrees.. for unused sick leave and all l. '�o forfeit c ompensat�.on .� „ vacation accrued since the last anniversary of "Employee 's" date of employment. . the prorated salary up to and 2, Accept as full compensation P ing including the last full day of actiVe service and and through the last full 3, That from the date of notice of date o active service prorated salary deductions shall be made for any absences such as vacation, compensatory time or sick leave. "City" at any time during the employment term C. In the event C1ty Y reduc es the salary or other financial benefits of . Empl o ee• across-the-board in a greater percentage than an applicable "City" � "City" employees, or in the event City reduction for all C ity employee • following written notice, to comply with,any other refuses, g . . previously and mutually agreed to provision benefiting pr y "Employee" or 'Employee" resigns f following the request of a .'Employee" then and majority of the City Council that .Employee ,resign, deem to be terminated at the date in that event "Employee" may of such reduction or such refusal to comply within the meaning and c o n u text of the mutually agreed to provisions benefiting "Employee" as provided in Section 3 paragraph A . Section•4. C ompens?tign . - a, for services rendered pursuant A. City agrees s t o pay "Employee"oye e" f monthly base salary of $3,375.00, including C.C.L.A. , hereto a r� Y employees payable in installments at the same time as other em P Y -o f the "City" are paid. B. "City" base salary and/or . In addition, City agrees to adjust said ba rY benefits of "Employee" in such amounts and to•such ., any other ben P • s desirable extent as the City Council may determine that it i ex of 'Employee" made to do so on the basis of an annual review at a t ime appropriate t ro riate to the budget as similar consideration - = - _ is g iven other employees generally. Section 5. Hours of Work professional employee will. It is recognized that a prof devote time office hours to business of the "City" and that outside normal compensation is based on such service and to that end "Employee" - 3 - ATTACHMENT TO RESOL. No, o-66 will be allowed a flexible schedule commensurate with "Employee 's" duties and responsibilities. "Employee" will leave word in City Offices as to where "Employee" can be reached during normal business hours in the event "Employee" must be reached for an emergency requiring "Employee's" specific attention. "Employee" shall not spend an amount of time teaching, B. Elnp y• p "City"consulting, or engaging in other non City connected activity . • � "Employee 's" responsibilities to the which would interfere with Employees responsibili "City"" without the prior knowledge and express approval of the City Council. Section 6. Moving Expenses "Employee"�loyee" shall be reimbursed for, or "City" may pay directly, reasonable expenses of relocating "Employee" , and "Employee's" II family and personal property from Morro Bay to "City" Said payment or reimbursement shall not exceed the actual cost which '� _ . � necessary storage costs shall include packing, moving, unpacking, ne ce a y •g in one place for a maximum of thirty (30) days and associated .insurance charges at an insured valuation of $1.25 per pound. . . Section 7. General.. Expenses "City" recognizes that certain job related expenses are incurred gn • by 'Employee" , and hereby agrees to reimburse said actual expenses. This does not include membership fees in prof y include professional societies which fees are the sole responsibility of the "Employee" and are recognized to be included in the mutually agreed to salary. The . "City" • s authorized e d t o appropriate disbursing officer of the City 1 disburse such monies upon receipt of duly executed expense or petty ett cash vouchers, receipts, statements, or personal affidavits and audit thereof in like manner as other demands against "City" . section 8. Other Terms and Conditions City Council ma. from time to time fix other terms and A. The ��. y may F conditions of employment relating-A° the performance of "Employee", provided such terms and conditions are not - inconsistent s' tent with or in conflict with the provisions of this � P j . agreement, the Municipal Code, or applicable law. - herein provided, all. provisions of the Municipal Code• �... Except as he p � and regulations and rules of the "City." relating to vacation and sick leave retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they. now exist or hereafter may be amended, shall apply to �- �« y !� management employees of Employee in like manner as to `other manag m the "City". C . 'Employee" shall be entitled to receive the same vacation and . sick leave benefits as are accorded department h eads or other appropriately designated management employees. 4 _ - -- . - - - TO RESOL. NO. 80-66 Section 9. General Provisions A . The text herein shall constitute the entire agreement between the parties. binding u B. This agreement shall be and inure to ng on p the benefit of the heirs at law and executors of "EMPLOYEE". C. This agreement shall be effective as`of November 10, 1980. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid, or unenforce- able, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall Y - # V ed,,,,..L te \ 1 remain in full. force and effect. Executed in triplicate as of the da a.nd ear first above written. Y y OF PA NC 0 PAL OS XEDES By eV d c--.., 1, .. arbara Hein, Mayor ATTEST ., 1 iff D-.-rut if � #f--ty,_ /rk 5 r -• fir; tt.. °r T -::;-_-•-* ' -,,'- ..:. r 1 .',1i - '. 'Ny. - 5 - ATTAATTACHMENT TO RESOL. NOS 3i-C6 .