RPVCCA_CC_SR_2014_12_16_04_Contract_with_New_City_ManagerCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CAROL W. LYNCH, CITY ATTORNEY
DATE: DECEMBER 16, 2014
SUBJECT: CONTRACT WITH THE NEW CITY MANAGER
RECOMMENDATION:
Review and approve the contract with the new City Manager.
BACKGROUND:
On February 2, 2014, the City Council created the City Manager Recruitment Firm
Selection Ad Hoc Subcommittee (Council Members Brooks and Campbell). Through
the efforts of the Subcommittee and interviews conducted by the full City Council, Bob
Murray & Associates was selected on April 15th to represent the City's interests in the
recruitment process. At its meeting on June 3rd the City Council approved Staff's
proposed public outreach plan, consisting of two Town Hall meetings, community
outreach using an online survey, and media announcements. The outreach effort was
completed on July 11, 2014.
On Friday, September 12th the City's recruitment period for the City Manager position
closed. Mr. Murray reviewed the 49 applications and resumes that he received from
candidates across the nation. Mr. Murray used the input gathered from the one-on-one
interviews with each City Councilmember, the Town Hall meetings and the results from
the online survey as he reviewed the qualifications and characteristics of each
candidate. Mr. Murray identified the top tier candidates from the applicant pool and
conducted preliminary interviews. Mr. Murray then presented a list of the top candidates
to the City Council, who then selected six exceptional candidates to interview. After the
first interview , the City Council scheduled a second interview with the top two
candidates and selected the candidate whom the Council believes will best serve the
City as the next City Manager, Mr. Bill Widmer.
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Contract with the New City Manager
December 16, 2014
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DISCUSSION :
Mr. Widmer's resume is attached to this report. Mr. Widmer has extensive executive
management experience in the private sector, including with both smaller and larger
businesses from within the United States as well as international businesses, including
businesses specializing in information technology. Mr. Widner's management
experience includes leading companies in new and innovative directions and
negotiating with unions.
His public sector experience is related to six years of service to the City of Atherton as
Mayor, Vice Mayor and a Member of the City Council and as a member of that City's
Audit Committee , Environmental Programs Committee, and New Town Center
Committee. He also has served on the U.S. Congress' Office of Technology
Assessment's Defense Diversification Committee. In addition, Mr. Widmer served as
Chairman of the South Bay Waste Management Authority. As the Mayor and Vice
Mayor of Atherton , Mr. Widmer led the development of new policies and procurement
procedures that restored Atherton to a position of fiscal health and stability and
enhanced the Town's transparency. He also led the search and selection process for a
new City Manager and City Attorney. Mr. Widmer actively assisted the City Manager in
selecting a new Police Chief and Director of Finance.
Given Mr. Widmer's extensive experience in both the public and private sectors, the
City Council found him to be the ideal choice for the new City Manager for Rancho
Palos Verdes. The City Council has negotiated a contract with Mr. Widmer, a copy of
which is attached to this Staff Report. The salient provisions of the contract are briefly
summarized below:
1. The Agreement will commence on January 1, 2015.
2. The term of the Agreement is indefinite. The City Council may terminate the
Agreement at any time, with or without cause, with ninety days prior written
notice (Section 2).
3 . Correspondingly, Mr. Widmer must provide ninety days prior written notice to the
City Council if he were to choose to terminate the Agreement (Section 4,
Paragraph C).
4. If the Council terminates the Agreement without cause, six month 's salary must
be paid to Mr. Widmer as severance (Section 4).
5. The annual salary that the City will pay to Mr . Widmer is $215,000 . The salary
may be adjusted by the Council , in its sole discretion, based on Mr. Widmer's
annual performance evaluation (Section 6).
6 . Mr. Widmer will receive an automobile allowance in the amount of $700.00 per
month (Section 9).
7. He will not receive an allowance for electronic devices (Section 10).
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Contract with the New City Manager
December 16, 2014
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8. He will receive the health and other benefits that are available to other City
management employees. (Section 11, Paragraph A).
9. Mr. Widmer will receive twenty days of vacation per year (Section 11, Paragraph
8.)
10. Mr. Widmer will receive eighty hours of Administrative Leave for each year that
he works for the City (Section 11, Paragraph F).
11 . Because Mr. Widmer is relocating from Northern California to Southern
California, he will receive compensation for moving and temporary housing
expenses, including a maximum of three trips to Southern California for Mr.
Widmer and his wife to find a new home; a temporary housing allowance of
$3000 a month for nine months while the transition continues, and a maximum
amount of $10,000 to pay for the actual cost of moving his household, which is
expected to occur in two phases (Section 12).
FISCAL IMPACT:
In addition to the salary and benefits described above, Mr. Widmer will be eligible to
receive PERS retirement benefits.
CONCLUSION:
The City Council has selected Mr. Widmer as the next City Manager. The Agreement
that is attached to this report reflects the terms that have been negotiated with Mr.
Widmer. Accordingly, Staff recommends that the City Council approve the Agreement
that is attached to this report .
Attachments
Agreement
Mr. Widmer's Resume
4-3
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF RANCHO PALOS VERDES AND WILLIAM R. WIDMER
This Employment Agreement ("Agreement") is made and entered into as of
January 1, 2015, by and between the City of Rancho Palos Verdes, a California
municipal corporation ("CITY" or "EMPLOYER"), and William R. Widmer, an individual
("EMPLOYEE"). EMPLOYER and EMPLOYEE are referred to collectively as the
Parties.
RECITALS
A. After a formal recruitment and selection process, the City Council of the City of
Rancho Palos Verdes ("City Council" or "COUNCIL") selected EMPLOYEE to serve as
City Manager commencing January 1, 2015.
B. EMPLOYEE has the requisite skills and is otherwise qualified to serve as City
Manager.
THEREFORE, in consideration of the mutual covenants and conditions herein
contained, EMPLOYER and EMPLOYEE agree as follows:
SECTION 1. DUTIES
EMPLOYER hereby agrees to retain the services of EMPLOYEE as City
Manager of the City of Rancho Palos Verdes to perform the functions and duties
specified in Chapter 2.08 of the Rancho Palos Verdes Municipal Code, as is currently in
effect and as may be amended from time to time, and to perform such other legally
permissible and proper duties and functions as the COUNCIL shall from time to time
assign. EMPLOYEE shall also serve as Executive Director of any authority or agency
created by or staffed by EMPLOYER, including the Successor Agency to the Rancho
Palos Verdes Redevelopment Agency and the Rancho Palos Verdes Improvement
Authority.
SECTION 2. TERM
A. The term of this Agreement shall commence on January 1, 2015 and
shall continue indefinitely from year to year unless terminated by EMPLOYER or
EMPLOYEE as provided herein.
B . Nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of the COUNCIL to terminate the services of EMPLOYEE at any time with
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or without cause upon ninety (90) days advance written notice, subject only to the
provisions set forth in Section 4, paragraphs A and B of this Agreement.
C. Unless EMPLOYEE has provided notice to EMPLOYER as
required by Section 4, paragraph C, EMPLOYEE agrees to remain in the exclusive
employment of EMPLOYER and neither to accept other employment nor to become
employed by any other employer while employed by EMPLOYER. The prohibition
against other employment shall not be construed to prevent occasional teaching,
writing, or consulting performed on Employee's time off in accordance with Section 8 of
this Agreement.
SECTION 3. SUSPENSION
EMPLOYER may suspend EMPLOYEE in accordance with the provisions
of Section 2.08.130 of Chapter 2.08 of Title 2 of the Rancho Palos Verdes Municipal
Code.
SECTION 4. TERMINATION AND SEVERANCE PAY
A. Consistent with California Government Code Section 36506, EMPLOYEE
is appointed by and serves at the pleasure of the City Council as an at-will employee.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
EMPLOYER to terminate this Agreement and the employment of EMPLOYEE, with or
without cause. EMPLOYER shall pay EMPLOYEE for all services through the effective
date of termination, and Employee shall have no right to any additional compensation
or payment, except as provided in this Section 4. In the event that EMPLOYEE is
terminated by the COUNCIL without cause at or during such time that EMPLOYEE is
willing and able to perform his duties under this Agreement, then in that event,
EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment equal to six months
(6) month's salary, provided EMPLOYEE has executed a full and final release of any
and all actual or potential claims that EMPLOYEE has or could have against
EMPLOYER. Also, in the event EMPLOYEE and EMPLOYEE'S dependents are
covered under EMPLOYER'S health plan(s), and in addition to the described lump sum
payment, EMPLOYER shall provide for continuation of health plans for six months after
the date of termination or until EMPLOYEE obtains other employment, whichever
occurs first. EMPLOYER, at its option, may provide for health benefit continuation
through appropriate EMPLOYER contribution to COBRA coverage or by maintaining
EMPLOYEE on EMPLOYER'S payroll roster for such insurance benefits only. Only in
the event that EMPLOYEE is terminated because of a material breach of this
Agreement on his part, or because he has been convicted of a felony or any crime
involving moral turpitude during the term hereof, shall EMPLOYER be relieved of the
obligation to pay EMPLOYEE the benefits or the severance sum designated in this
paragraph.
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B. In the event EMPLOYER, at any time during the term of this Agreement,
reduces the salary or other financial benefits of EMPLOYEE in a greater percentage
than an applicable across the board reduction for all employees of EMPLOYER, or in
the event EMPLOYER refuses, following written notice, to comply with any other
provision herein benefiting EMPLOYEE, or in the event that the COUNCIL substantially
reduces EMPLOYEE'S responsibilities, or in the event EMPLOYEE resigns following a
suggestion or request by the COUNCIL that he resign, then EMPLOYEE may, at his
option, be deemed "terminated" within the meaning and context of the herein severance
pay provisions as of the date of such reduction of benefits, refusal to comply with the
provisions of this Agreement, substantial reduction of responsibilities, or suggestion or
request by the COUNCIL to resign.
C. In the event EMPLOYEE voluntarily resigns his position with EMPLOYER,
then EMPLOYEE shall give EMPLOYER three (3) months written notice in advance
unless EMPLOYER and EMPLOYEE mutually agree in writing to a reduction of the
notice period. If EMPLOYEE terminates this Agreement (thereby terminating
EMPLOYEE'S Employment), EMPLOYEE shall not be entitled to any severance.
D. Any other term of the Employment Agreement notwithstanding, the
maximum severance that EMPLOYEE may receive under this Agreement shall not
exceed the limitations provided in Government Code Sections 53260 -53264, or other
applicable law. Further, in the event Employee is convicted of a crime involving an
abuse of office or position, Employee shall reimburse the City for any paid leave or
cash settlement (including severance), as provided by Government Code Sections
53243 -53243.4.
SECTION 5. DISABILITY
If EMPLOYEE is permanently disabled or is otherwise unable to perform
his duties because of sickness, accident, injury, mental incapacity or health for a period
of four consecutive weeks beyond any accrued sick leave, EMPLOYER shall have the
option to terminate this Agreement, subject to the severance pay requirements of
Section 4, paragraph A, and the provision of health benefits as set forth in paragraph A
of Section 4. However, EMPLOYEE shall be compensated for any accrued vacation,
holiday, and other accrued benefits, if any, in accordance with EMPLOYER'S personnel
rules, which are applicable to management employees and in effect at the time of such
termination.
SECTION 6. SALARY
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A EMPLOYER agrees to pay EMPLOYEE for his services rendered pursuant to
this Agreement, an annual salary of two hundred fifteen thousand dollars ($215,000),
subject to legally permissible or required deductions and withholding, prorated and paid on
CITY'S normal paydays. EMPLOYEE'S salary is compensation for all hours worked.
EMPLOYEE shall be exempt from the overtime pay provisions of California law, if any, and
federal law.
B. In recognition of accomplishments and excellent performance , merit increases
may be granted to EMPLOYEE by COUNCIL. EMPLOYER agrees that EMPLOYEE'S
salary shall be reviewed at the same time that EMPLOYEE'S performance is reviewed
pursuant to Section 7.
SECTION 7. PERFORMANCE EVALUATION
A Immediately following the commencement of EMPLOYEE'S employment
with EMPLOYER, CITY COUNCIL and EMPLOYEE shall discuss the CITY'S goals and
objectives for the next six months. Beginning on the first anniversary of the
commencement of EMPLOYEE'S employment with CITY, COUNCIL and EMPLOYEE
shall define annually the goals and objectives that they determine are appropriate for
the proper operation of the CITY and to attain the COUNCIL'S policy objectives.
Concurrently with the establishment of the goals and objectives for the CITY, COUNCIL
and EMPLOYEE shall establish the performance goals for EMPLOYEE and any
specific criteria that shall be used to evaluate EMPLOYEE'S performance. COUNCIL
may amend said criteria from time to time, after consultation with EMPLOYEE.
B. The parties agree that the COUNCIL'S failure to carry out the provisions
of this Section 7 shall not be deemed a breach of this Agreement or a waiver of its right
to conduct a performance evaluation as authorized by the Municipal Code and this
Agreement.
C . Such evaluation shall be discussed with EMPLOYEE, and an opportunity
shall be provided to EMPLOYEE to respond to any aspect of said evaluation. It is the
intention of COUNCIL that so long as authorized by Section 54957 of the California
Government Code, or any other statutory provision, such performance evaluation shall
be conducted in closed session.
SECTION 8. OUTSIDE ACTIVITIES
EMPLOYEE shall not spend more than an average of four hours per week
in teaching, counseling or other non-Employer related business without the prior
approval of the COUNCIL.
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SECTION 9. AUTOMOBILE
EMPLOYEE shall provide and have at his disposal for use for City
business a clean, presentable and well-maintained automobile. EMPLOYEE shall be
responsible for all costs of maintenance and operation of said vehicle. During the term
of this Agreement, EMPLOYEE shall secure and maintain, at EMPLOYEE'S expense,
automobile insurance in accordance with the requirements of Rancho Palos Verdes
Administrative Instruction No. 8-02, and the minimum insurance requirements
established by State law, whichever is greater, and shall provide satisfactory evidence
of such automobile insurance to EMPLOYER. EMPLOYER shall pay to EMPLOYEE
the amount of $700.00 per month to compensate EMPLOYEE for the use of
EMPLOYEE'S automobile for City business, including, but not limited to, all applicable
costs of automobile liability insurance, maintenance, operating expenses, depreciation
and interest.
SECTION 10. ELECTRONIC DEVICES
Other than the desktop computer and telephone system that are located
in EMPLOYEE 'S office at City Hall, EMPLOYEE shall supply at his own expense and
be responsible for his own cellular telephone and other electronic devices that are used
for communication purposes.
SECTION 11. BENEFITS GENERALLY
A. Except as specifically provided otherwise in this Agreement, EMPLOYEE
shall receive all employment benefits that have been approved by COUNCIL for other
management employees, as set forth in the City's Management Employee Personnel
Rules and Resolution No. 97-93, as they now exist and from time to time as they may
be amended by COUNCIL. If at any time such benefits exceed the benefits stated
herein, they shall immediately apply to EMPLOYEE. Health care benefits (medical,
dental and vision) shall be fully paid for by EMPLOYER for EMPLOYEE and his eligible
dependents. In addition, any health care benefits for EMPLOYEE'S dependents, which
were in effect immediately prior to EMPLOYEE'S death shall continue through the end
of the month following the death of EMPLOYEE, if he were to pass away while
employed by the CITY. EMPLOYER then shall provide for health benefit continuation
for EMPLOYEE'S dependents by the appropriate EMPLOYER contribution to COBRA
coverage for the maximum period allowed by law (which currently is 36 months) until
such time as EMPLOYEE'S dependents receive health benefits from another source.
The provisions of this Section 11 exclude any automatic adjustments to
EMPLOYEE'S salary; such increases, if any, shall be determined by the COUNCIL, in
its sole discretion, in accordance with the provisions of paragraph B of Section 6.
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B. EMPLOYEE shall accrue vacation leave at the rate of twenty days per
year. The vacation leave granted to EMPLOYEE may be used by EMPLOYEE at his
discretion, always considering the best interests of the City . EMPLOYEE shall notify
the Mayor and the Council whenever vacation leave is to be taken. In recognition of the
need for EMPLOYEE to meet existing obligations, an initial bank of 5 days of vacation
leave shall be provided to EMPLOYEE upon commencement of his employment with
EMPLOYER as a part of the aforementioned vacation accrual. If not used , said
vacation leave shall continue to accrue up to a maximum of two year's allocation (40
days). Upon termination of EMPLOYEE'S employment under this Agreement,
EMPLOYER shall pay EMPLOYEE, at the rate of compensation then being earned by
EMPLOYEE, for all accrued and unused vacation leave.
C. EMPLOYER recognizes that EMPLOYEE may incur certain expenses of a
non-personal and job related nature . EMPLOYER agrees to reimburse or to pay such
reasonable business expenses, which are incurred and submitted according to
EMPLOYER'S normal expense reimbursement procedures . To be eligible for
reimbursement, all expenses must be supported by documentation meeting
EMPLOYER'S normal requirements and must be submitted within time limits
established by EMPLOYER.
D. Bonding. EMPLOYER shall bear the full costs of any fidelity or other
bonds required of EMPLOYEE (if any) under any law or ordinance by virtue of his
employment as City Manager.
E. EMPLOYEE may participate in the deferred compensation plan(s) to
which CITY employees may contribute in the same manner as other CITY employees.
F. EMPLOYEE is granted 80 hours of Administrative Leave for each CITY
fiscal year that EMPLOYEE is employed by EMPLOYER. EMPLOYEE shall consider
the workload and obligations of the City Manager's Department and the best interests
of the CITY when EMPLOYEE schedules his Administrative Leave. Like other CITY
employees, EMPLOYEE'S Administrative Leave may not be accumulated or carried
over to the next fiscal year. Upon termination of EMPLOYEE'S employment,
EMPLOYEE shall not be granted and, accordingly is not entitled to be paid for, unused
Administrative Leave . Administrative Leave may be used for medical appointments,
disability leave and leaves provided pursuant to the federal and California family and
medical leave statutes. EMPLOYEE also may use Administrative Leave in connection
with his relocation to Southern California.
G. EMPLOYEE shall be granted sick leave in the same manner as other
CITY management employees. Unused sick leave shall carry forward, but no more
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than 720 hours shall ever be accumulated. There shall be no payout of unused sick
leave upon separation from the CITY.
SECTION 12. MOVING AND TEMPORARY HOUSING ALLOWANCE
As a result of accepting the position as City Manager with CITY, EMPLOYEE will
relocate from his current residence to another residence that is within or near the CITY.
EMPLOYER shall reimburse or pay the expenses of moving his family and personal
property, as follows:
A. Housing Search Allowance. EMPLOYER shall reimburse EMPLOYEE for
a total of two trips for EMPLOYEE'S spouse (Mary Widmer) and one trip for
EMPLOYEE to assist with house hunting and other facets of the transition and
relocation process. Each trip shall include coach round trip air fare, the cost of a rental
car, and a per diem amount of $250 per day, per person, for lodging and meals, not to
exceed a total of eight days for all three trips . Expenses incurred by EMPLOYEE
pursuant to this paragraph A may occur prior to January 1, 2015.
B. Temporary Travel and Housing Allowance. Commencing January 1,
2015, EMPLOYER shall provide EMPLOYEE with a temporary monthly travel and
housing allowance in the amount of $3,000 per month for a maximum period of nine
months.
C. Moving Allowance. In consideration for relocation, EMPLOYER shall
reimburse or pay for actual and reasonable moving expenses to transport household
items , not to exceed a total cost of $10,000 .00. Moving expenses are expected to
occur in two stages (the first for EMPLOYEE alone , and the second to move
EMPLOYEE'S family). Moving expenses may include professional labor, packing
services, packing supplies, rented moving equipment, transport, temporary storage and
insurance. To be eligible for reimbursement, moving expenses must be incurred within
one year of the effective date of this Agreement and must be submitted to EMPLOYER
for reimbursement, along with reasonable documentation, within six months after being
incurred. COUNCIL , in its sole and absolute discretion, may extend these time limits for
circumstances outside of EMPLOYEE'S control. If such moving expenses have been
reimbursed by EMPLOYER, and EMPLOYEE terminates his employment with
EMPLOYER before December 31, 2015, then EMPLOYEE shall reimburse
EMPLOYER for the amounts previously paid to EMPLOYEE pursuant to this paragraph
C with a pro rata reduction of 1/12th of the total expenses paid by EMPLOYER for each
full month that EMPLOYEE remains employed by City.
All applicable IRS regulations will apply to these temporary benefits, and none of these
benefits shall be compensation that is subject to PERS.
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SECTION 13. DUES AND SUBSCRIPTIONS
EMPLOYER agrees to budget and pay for the professional dues and
subscriptions of EMPLOYEE necessary for his continuation and full participation in
national, regional, state and local associations and organizations necessary and
desirable for his continued professional participation, growth and advancement,
including the acceptance and performance of duties related to such associations and
organizations and for the good of EMPLOYER. EMPLOYEE shall provide written notice
to COUNCIL of the organizations and subscriptions that are being reimbursed by
EMPLOYER pursuant to this Section 13.
SECTION 14. PROFESSIONAL DEVELOPMENT
EMPLOYER hereby agrees to budget for and pay the travel and
subsistence expenses in accordance with the COUNCIL-approved travel policy, as
contained in the Administrative Manual and City resolutions, for professional and official
travel and meetings and occasions adequate to continue the professional development
of EMPLOYEE and to adequately pursue necessary official duties and other functions
for EMPLOYER. EMPLOYEE shall provide written notice to COUNCIL of the
expenditures that EMPLOYEE incurs pursuant to this Section 14.
SECTION 15. INDEMNIFICATION
Except as otherwise permitted, provided, limited or required by law,
including, without limitation, California Government Code Sections 825, 995, and 995 .2
through 995.8, EMPLOYER will defend and pay any costs and judgments assessed
against EMPLOYEE arising out of an act or omission by EMPLOYEE occurring in the
course and scope of EMPLOYEE'S performance of his duties under this Agreement.
However, in the event City provides funds for legal criminal defense pursuant to this
Section 15 or the terms of the Government Code, EMPLOYEE shall reimburse
EMPLOYER for such legal criminal defense funds , if EMPLOYEE is convicted of a
crime involving an abuse of office or position, as provided by Government Code
Sections 53243 -53243.4
SECTION 16. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
The COUNCIL, in consultation with EMPLOYEE, shall fix any other terms
and conditions of employment as it may determine from time to time to be appropriate,
relating to the performance of EMPLOYEE, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, City ordinances or
any other law.
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SECTION 17. NOTICES
Any notice to EMPLOYER under this Agreement shall be given in writing
to EMPLOYER, either by personal service or by registered or certified mail, postage
prepaid, addressed to the City Clerk at the address listed below. A courtesy copy shall
be given to the City Attorney in a like manner. Any such notice to EMPLOYEE shall be
given in a like manner and, if mailed, shall be addressed to EMPLOYEE at his home
address then shown in City's files. EMPLOYEE'S current address is set forth below.
For the purpose of determining compliance with any time limit in this Agreement, a
notice shall be deemed to have been duly given (a) on the date of delivery, if served
personally on the party to whom notice is to be given, or (b) on the third calendar day
after mailing, if mailed to the party to whom the notice is to be given in the manner
provided in this section.
EMPLOYER:
EMPLOYEE:
Mayor and City Council
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
William R. Widmer
SECTION 18. GENERAL PROVISIONS
A. This Agreement contains the entire agreement between the parties and
supersedes all prior oral and written agreements, understandings, commitments, and
practices between the parties concerning EMPLOYEE'S employment with EMPLOYER.
Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, oral or written, have been made by any party, or anyone
acting on behalf of any party, that are not embodied herein, and that no other
agreement, statement, or promise not contained in this Agreement shall be valid or
binding on either party.
8. No amendments to this Agreement may be made except as mutually
agreed to in writing, signed and dated by EMPLOYER and EMPLOYEE.
C. This Agreement shall be binding on and inure to the benefit of the heirs at
law and executors of EMPLOYEE.
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D. This Agreement shall become effective commencing the 1st day of
January, 2015.
E. Notwithstanding anything in this Agreement to the contrary, unless
EMPLOYEE agrees otherwise or unless notice of termination has been given prior to
any City Council election, EMPLOYEE shall be retained for a minimum of three months
following any such election .
F. If any provision of this Agreement, or portion thereof, is held invalid or
unenforceable for any reason, including that the provision or portion conflicts with
federal or state law, the remainder of this Agreement shall be deemed severable and
shall remain in full force and effect. If any provision is held invalid or unenforceable
with respect to particular circumstances, it shall nevertheless remain in full force and
effect in all other circumstances .
G. This Agreement sets forth the final, complete and exclusive agreement
between EMPLOYER and EMPLOYEE relating to the employment of EMPLOYEE as
City Manager by CITY. Any prior discussions or representations by or between the
parties are merged into or rendered null and void by this Agreement. The foregoing
notwithstanding, EMPLOYEE acknowledges that, except as expressly provided in this
Agreement, his employment is subject to EMPLOYER'S generally applicable rules and
policies pertaining to employment matters, such as those addressing equal employment
opportunity, sexual harassment and violence in the workplace .
H. This Agreement is made and entered into in the State of California and
shall in all respects be interpreted, enforced and governed under the substantive laws
of the State of California, without giving effect to conflict of laws principles . Any legal
action to enforce the provisions of this Agreement shall be filed in any court of
competent jurisdiction in Los Angeles County.
I. None of the Parties hereto shall be deemed to be the drafter of this
Agreement as it will be deemed jointly drafted with each party having the right of review
and consultation with counsel of their choosing . The terms of this Agreement shall not
be interpreted or construed in favor of, or against, any Party hereto. Should any
provision of this Agreement be found to be ambiguous in any way, such ambiguity shall
not be resolved by construing this Agreement in favor of or against any Party herein,
but rather by construing the terms of this Agreement as a whole according to their fair
meaning.
J. EMPLOYEE acknowledges that he has had the opportunity and has
conducted an independent review of the financial and legal effects of this Agreement.
EMPLOYEE acknowledges that he has made an independent judgment upon the
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financial and legal effects of this Agreement and has not relied upon any representation
of EMPLOYER, its officers, agents or employees other than those expressly set forth in
this Agreement.
IN WITNESS WHEREOF, the City Council of the City of Rancho Palos Verdes,
California, has caused this Agreement to be signed and executed on its behalf by its
Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed
this Agreement, as of the date and year first above written.
Dated : ---------
ATTEST:
CITY CLERK
APPROVED AS TO FORM :
CITY ATTORNEY
Dated : ---------
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CITY OF RANCHO PALOS VERDES
(EMPLOYER)
MAYOR
EMPLOYEE
WILLIAM R. WIDMER
4-14
OVERVIEW
BILL WIDMER
650 325 6428
bwidmer@pacbell.net
General Manager with a track record of strong contract, personnel and project management experience. Successful budget
management and revitalization of both small and large organizations . Experienced in executing and managing outsourcing
programs, start-ups, turnarounds and product launches. A track record leading change in organizations. Experienced in
multiple industries including IT & Business Process outsourcing, defense products and federal, state and local government
activities. Extensive international business and cultural experience covering North America, Europe, Middle East, and parts
of Asia. Budget-minded yet customer-focused leader . A strategic thinker who devises creative solutions and manages in a
hands-on, team-oriented, and mentoring way. Experienced in working with unions, both internationally and domestically.
• As VP/Deputy CEO, of a European IT services organization, grew recurring revenue from operations by $65M.
• As VP/COO, Outsourcing Group, built a $150M electronics design services (BPO) business unit.
• As GM, led two services organizations to profitability while launching new product lines and improving client
satisfaction.
• Led multiple strategic engagements and new business contract negotiations resulting in over $8B combined value.
• Elected to Council running on platform of establishing financial stability using business practices and methodologies.
• As Mayor, reversed 8 years of deficit spending while improving services with key leadership changes and outsourcing.
PUBLIC ADMINISTRATION EXPERIENCE
• Elected to Council and subsequently to Vice Mayor-2010, Mayor 2011-2012
• Member of Town of Athe1ion's Audit, Rail and Finance, Environmental Programs and the New Town Center Committees
• Chairman of South Bay Waste Management Authority and board member for serveral other regional organizations
• Led development of several Town contracts and procurement procedures and developed trash rate structure for Town
• As Mayor, led selection ofnew City Attorney, Finance Director, Police Chief and City Manager
• Led efforts for key town ballot initiatives, the outsourcing of selected services and paying off major Town liabilities.
• Led Council activities resulting in moving fringe benefit programs to a more sustainable and competitive basis
EMPLOYMENT HISTORY
Orange Business Services/France Telecom Group 2004-present
Deputy Vice President, Commercial Management
Began as a consultant, developing and negotiating strategic deals and equity transactions in Europe and North America.
Later, hired as Commercial Management Global Practice Lead, for leading the development of major partnerships including
outsourcing opportunities. Named Commercial Head for EMEA & WW Outsourcing in early 2007 and then moved Head
of CM world-wde operations responsible for day to day operation of a 70+ employee world-wide organization.
• Planned and implemented departmental restructuring creating a world-wide service organization using a leveraged
model, standard processes and tools benefiting multiple sales channels with 20% fewer resources overall.
• Personally developed and closed global agreements (worth over $500M TCV) with IBM, BT, Bell Canada and EY.
• Developed and gained corporate support for establishment of a low-cost near shoring facility to support business
development activities which had an 18-month payback while improving bid turnaround by 25%.
• Led corporate activities leading to the development and startup of a Contract Management practice .
• Developed OBS' International Risk Assessment and Risk Management Practice and tools resulting in improved
financial models while creating risk registers for delivery teams.
• Named 'Best Commercial Manager' for 2006.
EDS, San Ramon, CA 2002-2003
Vice President, Outsourcing Sales, Northern California
Responsible for a team of sales and business development executives for the business process & IT outsourcing product lines.
• Led organization which achieved funded backlog growth of over $960M.
• Grew pipeline from $1.5B to over $2.5B.
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Borland Software Company, Scotts Valley, CA
Vice President & General Manager, World-wide Professional Services
William R. Widmer
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2000-2001
Hired to revitalize an international P&L business unit, providing consulting and educational services.
• Organized regionally, disparate organizations into a virtual group with focused creation and execution organizations
leading to expanded offerings (e-commerce and e-learning), increased backlog and $2M of incremental revenue.
• Established organizational and sales processes, product marketing, metrics and pipe! ine management which led to a
doubling of consultant utilization rates while restoring profitability from pervious $I M/qtr loss.
Mentor Graphics Corporation, San Jose, CA 1999-2000
General Manager, Mentor Consulting and Knowledge Products Divisions
Worldwide responsibility for technical publications, training, consulting and electronic design support.
• Revitalized a disjointed 300-person, $40M business unit into a synergistic $50M business unit.
• Exceeded margin plan by 50% ($6M vs. $4M) and revenue plan by 25% with backlog growth.
• Established new operating processes and partnership program leading to consistent profitability.
Cadence Design Systems, San Jose CA 1996-1998
Vice President and COO, World Wide Outsourcing Group
Hired to lead Cadence's growth into outsourcing and solution selling with a services-led model and grow a services
organization.
• Co-developed, negotiated, and closed over $200M of multi-year business including Cadence's largest ever services
engagement ($1l7M+) with Oki in Japan.
• Led evaluation, due diligence, transition and negotiations for several strategic mergers and acquisitions including a
$50M, I 00+ person acquisition with Lucent (Bell Labs).
• Built global outsourcing organization; created infrastructure and processes necessary to win multi-year, multi-million
dollar strategic partnerships .
Computer Science Corporation (CSC), USA & Europe 1993-1996
Hired as, Director, Business Development and progressed (in '94) to Vice President
• VP/General Manager of 1000 person business unit supporting 9 major divisions of British Aerospace.
• Named Deputy CEO for 1700 person, $300M/yr (Aerospace Systems) business unit and grew it by over 30% ..
• Planned, negotiated and executed three strategic service and technology outsourcing alliances resulting in savings of
over$ l 7M per year with improvements in service performance and service resit ience.
• Rationalized geographically dispersed service delivery organizations from vertical structures into a matrix-managed ,
centers of excellence structure, resulting in improved performance and $20Mp.a. savings.
• Revamped procurement processes and streamlined supply chain reducing time span to acquire and provision
distributed processing equipment from six weeks to three days.
General Dynamics-Electronics Division, CA & FL
1985-1993
Progressed from Director, CAE/CAD/CAM to Director and General Manager, Tallahassee Operation
Transferred from Data Systems Division after 7 years ('78-'85) in various software engineering and management roles in TX.
• Planned, directed and managed the start-up of a nationally recognized, automated manufacturing and support operation in
Tallahassee, FL, growing it from inception to over 120 employees and $30M/year.
• Deputy Program Director sharing responsibility for the development, negotiation and planning of a $400M DoD
program, SINCGARS, and led negotiations for award of$ I OM in state and local economic assistance .
• Developed and executed Division's strategic plan which led to its migration from manual design and manufacturing
process to integrated and automated processes resulting in 60% cycle time improvement and quality improvements
EDUCATION
• MBA, Texas Christian University, Fort Worth, Texas
• BS, Computer Science, Texas Christian University, Fort Worth, Texas
• Executive Program, Northwestern University, Kellogg Graduate School of Management
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MEMBERSHIPS/ADDITIONAL INFORMATION
William R. Widmer
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• As CEO of g8solutions.com, 2003-2005, grew company from startup to over $1 M with 3 product lines.
• Managing Director of Diamond Hawk Ventures, 2001-2002, a retainer-based consulting company.
• US Congress Office of Technology Assessment, Defense Diversification Committee Member
• Texas Christian University Evening College Professor of Computer Science
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