Loading...
CC RES 1974-009 RESOLUTION NO. 74-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH LEONARD G. WOOD THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RESOLVES 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 Leonard G. Wood, 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 . PASSED, APPROVED AND ADOPTED THIS 5th DAY OF February , 19 _. A, MA ATTEST: CITY CLERK I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Rancho Palos Verdes at a regular meet- ing thereof held on the 5th day of February 19 74 CITY CLERK EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as of the I/ 17th day of December, 1973, by and between the City of Rancho Palos Verdes, State of California, a municipal corpo- ration, hereinafter called the "City, " and Leonard G. Wood, hereinafter called "Employee. " RECITALS City desires to employ the services of Leonard G. Wood, and Leonard G. Wood desires to accept employment, as City Manager of the City. The City Council of City desires 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 future security, (3) to encourage the highest standards of fidelity and public ser- vice on the part of Employee, and (4) 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 City may desire to otherwise terminate his employ. The parties further desire to provide certain bene- fits, establish certain conditions of employment, and to set working conditions of Employee. NOW,. THEREFORE, in consideration of the mutual cov- enants herein contained, the parties agree as follows: Section 1. Duties City agrees to employ Leonard G. Wood as City Manager of City to perform the functions and duties specified in the -1--- EXHIBIT "A" Rancho Palos Verdes Municipal code , and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign. I/ Section 2. Term A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time , subject only to the provisions set forth in paragraph D of this Section 2 and paragraphs A and B of Section 3 of this agreement. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with the City, subject only to the provisions set forth in Section 2 , paragraph D of this agree- ment . C. Employee agrees to remain in the exclusive employ of City and not to become otherwise employed while this agree- . ment is in effect. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed outside of normal business hours or on Employee ' s time off as provided in Section 5, paragraph A. r D. Either party may terminate this agreement by sub- mitting written notice to the other that this agreement will terminate in ninety (9 0) days. Section 3. Termination and Severance Pay A. In the event Employee is terminated by the City Council 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 either a lump sum cash payment -2- equal to two (2) months ' aggregate salary if Employee has been employed by City for less than one (1) year, or a lump sum cash payment equal to three (3) months ' aggregate salary if Employee has been employed by City for one (1) year or more, provided, however, that in the event Employee is terminated because of I/ his conviction of any illegal act involving personal gain to him, then and in that event City shall have no obligation to pay any severance sum provided for in this paragraph. B. In the event City at any time during the employ- ment term reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all City employees, or in the event City refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a suggestion , whether formal or informal , by the City Council that he resign, then and in that event Employee may at his option be deemed to be "terminated" at the date of such reduction or such refusal to comply within -the meaning and context of the severance pay provision in paragraph A of this Section 3. Section 4 . Salary City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $24, 000 , payable in installments at the same time as other employees of the City are paid. In addition, City agrees to increase said base salary and/or any other benefits of Employee in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of an annual salary review of Employee made at the same time as similar consideration is given other -employees generally. -3- . . • Section 5. Hours of Work A. It is recognized that Employee must devote a great deal of his time outside normal office hours to business of the City, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours . B. Employee shall not spend a substantial amount of time teaching, consulting, or other noncity-connected business without the prior knowledge and express approval of the City Council. Section 6. Moving Expenses Employee shall be reimbursed for, or City may pay directly, the expenses of packing and moving Employee, his family, and his personal property from Simi Valley to City. Said payment or reimbursement shall not exceed the sum of $700, which shall include packing and unpacking, any storage costs necessary, and insurance charges. Section 7. General Expenses City recognizes that certain expenses of a nonper- Bona l and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses, up to an amount not to exceed $100 per month. The appropriate disbursing officer of City is authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits and audit thereof in like manner as other demands against City. Section 8. Other Terms and Conditions of Employment. A. The City Council may from time to time fix other terms and conditions of employment relating to the performance -4- • of Employee, provided such terms and conditions are not incon- . sistent with or in conflict with the provisions of this agree- ment, the Municipal Code, or applicable law. B. Except as herein provided, all provisions of . the Municipal Code and regulations and rules of City_ relating to vacation and sick leave, retirement and pension system con- tributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee in like manner as to other employees of City. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads or other appropriately designated staff assistants, including provisions governing accrual and payment therefor on g P Y termination of employment. Section 9. 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 Employee. C. This Agreement shall be effective as of December • 17, 1973. D. If any provision, or any portion thereof, con- tained in this agreement is held to be unconstitutional , invalid, or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force • and effect. Executed in triplicate as of the day and year first above written. • Leonar Wood CITY OF RANCHO PALOS VERDES A ato.‘Ads. a4,0 City CferT ` _ _