Lester G. Evans Jr. SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT
This agreement is the sixth amendment to the Employment Agreement (hereinafter
referred to as "the Agreement") between the City of Rancho Palos Verdes (hereinafter
referred to as "City") and Lester G. Evans, Jr., (hereinafter referred to as "Employee").
This Sixth Amendment to Employment Agreement is made and entered into as of June
21, 2005.
WHEREAS, pursuant to Section 7 of the Agreement, the City Council of
City conducted an annual review Employee's performance at a closed session held at a
regular City Council meeting on May 31, 2005; and
WHEREAS, the City Council finds, that based on the review of
Employee's performance, the City Council desires to continue to employ Employee as
the City Manager and to increase Employee's annual salary;
NOW, THEREFORE, the parties hereto agree that:
Section 1. Section 2 of the Agreement is hereby amended to read as
follows:
"SECTION 2. TERM
"A. The term of this Agreement shall be from July 1, 2005, until June 30,
2007. This paragraph shall not be construed as preventing the parties from amending,
extending or modifying the Agreement by a written instrument executed by both of the
parties. The question of extension or non-extension of the term hereof shall be
considered by the COUNCIL at the time of the annual evaluation of EMPLOYEE as
provided in Section 7 hereof.
"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 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. In accordance with Section 2.08.020 of the Rancho Palos Verdes
Municipal Code, EMPLOYER hereby approves EMPLOYEE'S residence outside of the
City during the term of this Agreement.
"D. EMPLOYEE agrees to remain in the exclusive employment of
EMPLOYER until June 30, 2007, 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 2. Paragraph C of Section 4 of the Agreement is hereby
amended by changing the dates referred to therein from June 30, 2005 to June 30,
2007.
SECTION 3. Section 6 of the Agreement is hereby amended to read as
follows:
"SECTION 6. SALARY
"A. Effective July 1, 2005, EMPLOYER agrees to pay EMPLOYEE for his
services rendered pursuant hereto, an annual salary of$152,000.00. EMPLOYER
further agrees that effective July 1, 2006, EMPLOYER shall increase EMPLOYEE'S
annual salary to $160,000. EMPLOYEE'S salary shall be paid in installments at the
same time as other employees of EMPLOYER are paid.
"B. If this Agreement is extended beyond June 30, 2007, upon the mutual
agreement of the parties, EMPLOYER agrees that EMPLOYEE'S salary shall be
further reviewed at the same time that EMPLOYEE'S performance is reviewed
pursuant to Section 7."
SECTION 4. Except as expressly amended by this Sixth Amendment to
Employment Agreement, all of the provisions of the Agreement, as previously amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the City Council of the City of Rancho Palos
Verdes, California, has caused this Sixth Amendment to Employment 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 Sixth Amendment to Employment
Agreement, as of the date and year first above written.
Dated: EMPLOYER
CITY OF RANCHO PALOS VERDES
CQIik
CE?C°14-7
MAYOR
ATTEST:
CITY LERK
Dated: EMPLO '
LESTER G. EVANS, JR. �/2Alns
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
This agreement is the fifth amendment to the Employment Agreement
(hereinafter referred to as "the Agreement") between the City of Rancho Palos Verdes
(hereinafter referred to as "City") and Lester G. Evans, Jr., (hereinafter referred to as
"Employee"). This Fifth Amendment to Employment Agreement is made and entered
into as of May 18, 2004.
WHEREAS, pursuant to Section 7 of the Agreement, the City Council of
City conducted an annual review Employee's performance at a closed session held at a
regular City Council meeting on May 4, 2004; and
WHEREAS, the City Council finds, that based on the review of
Employee's performance, the City Council desires to continue to employ Employee as
the City Manager and to increase Employee's annual salary;
NOW, THEREFORE, the parties hereto agree that:
Section 1. Section 2 of the Agreement is hereby amended to read as
follows:
"SECTION 2. TERM
"A. The term of this Agreement shall be from July 1, 2004, until June 30,
2005, and shall automatically renew from year to year thereafter, unless either party
gives written notice to the other party not later than the first day of January immediately
prior to the end of each contract year of a desire to amend, modify or terminate this
Agreement. If either party does not give such notice, then the term of this Agreement
shall be extended on the same terms and conditions as are herein provided for an
additional period of one (1) year from the first day of July following said January 1st.
This paragraph shall not be construed as preventing the parties from amending or
modifying the Agreement by a written instrument executed by both of the parties. The
question of extension or non-extension of the term hereof shall be considered by the
COUNCIL at the time of the annual evaluation of EMPLOYEE as provided in Section 7
hereof.
"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 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. In accordance with Section 2.08.020 of the Rancho Palos Verdes
Municipal Code, EMPLOYER hereby approves EMPLOYEE'S residence outside of the
City during the term of this Agreement.
"D. EMPLOYEE agrees to remain in the exclusive employment of
EMPLOYER until June 30, 2005, 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
774532-1
teaching, writing, or consulting performed on Employee's time off in accordance with
Section 8 of this Agreement.
SECTION 2. Paragraph C of Section 4 of the Agreement is hereby
amended by changing the dates referred to therein from June 30, 2004 to June 30,
2005.
SECTION 3. Section 6 of the Agreement is hereby amended to read as
follows:
"SECTION 6. SALARY
"A. EMPLOYER agrees to pay EMPLOYEE for his services
rendered pursuant hereto, an annual salary of $144,500.00. EMPLOYEE'S
salary shall be paid in installments at the same time as other employees of
EMPLOYER are paid.
"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 annually at the same time
that EMPLOYEE'S performance is reviewed pursuant to Section 7."
SECTION 4. Section 9 of the Agreement is hereby amended to read as
follows:
"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 $333.00 per month to compensate EMPLOYEE for the use of
EMPLOYEE'S automobile for City business."
SECTION 5. Except as expressly amended by this Fifth Amendment to
Employment Agreement, all of the provisions of the Agreement, as previously amended,
shall remain in full force and effect.
774532-1
•
IN WITNESS WHEREOF, the City Council of the City of Rancho Palos
Verdes, California, has caused this Fifth Amendment to Employment 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 Fifth Amendment to Employment
Agreement, as of the date and year first above written.
Dated: (1Z& I ; ( EMPLOYER
CI •
H. -ALOS VERDES
`�
MAYOR
ATTEST: As
C TY CLERK
[Signatures continue]
Dated: EMPL• EE
' -'44A
LESTER G. EVANS, '.
774532-1
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
This agreement is the fourth amendment to the Employment Agreement
(hereinafter referred to as "the Agreement") between the City of Rancho Palos Verdes
(hereinafter referred to as "City") and Lester G. Evans, Jr., (hereinafter referred to as
"Employee"). This Fourth Amendment to Employment Agreement is made and entered
into as of March 18, 2003.
WHEREAS, pursuant to Section 7 of the Agreement, the City Council of
City conducted an annual review of Employee's performance at a closed session held at
a regular City Council meeting on March 4, 2003; and
WHEREAS, the City Council finds, that based on the review of
Employee's performance, the City Council desires to continue to employ Employee as
the City Manager and to increase Employee's annual salary;
NOW, THEREFORE, the parties hereto agree that:
Section 1. Section 2 of the Agreement is hereby amended to read as
follows:
"SECTION 2. TERM
"A. The term of this Agreement shall be from July 1, 1998, until June 30,
2004, and shall automatically renew from year to year thereafter, unless either
party gives written notice to the other party not later than the first day of January
immediately prior to the end of each contract year of a desire to amend, modify
or terminate this Agreement. If either party does not give such notice, then the
term of this Agreement shall be extended on the same terms and conditions as
are herein provided for an additional period of one (1) year from the first day of
July following said January 1st. This paragraph shall not be construed as
preventing the parties from amending or modifying the Agreement by a written
instrument executed by both of the parties. The question of extension or non-
extension of the term hereof shall be considered by the COUNCIL at the time of
the annual evaluation of EMPLOYEE as provided in Section 7 hereof.
"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 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. In accordance with Section 2.08.020 of the Rancho Palos Verdes
Municipal Code, EMPLOYER hereby approves EMPLOYEE'S residence outside
of the City during the term of this Agreement.
"D. EMPLOYEE agrees to remain in the exclusive employment of
EMPLOYER until June 30, 2004, 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
Fourth Amendment to Employment Agreement
March 18,2003
Page 2 of 3
occasional teaching, writing, or consulting performed on Employee's time off in
accordance with Section 8 of this Agreement.
Section 2. Paragraph C of Section 4 of the Agreement is hereby
amended by changing the dates referred to therein from June 30, 2003 to June 30,
2004.
Section 3. Section 6 of the Agreement is hereby amended to read as
follows:
"SECTION 6. SALARY
"A. EMPLOYER agrees to pay EMPLOYEE for his services rendered
pursuant hereto, an annual salary of $137,150.00. EMPLOYEE'S salary shall
be paid in installments at the same time as other employees of EMPLOYER are
paid.
"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 annually at the same time that
EMPLOYEE'S performance is reviewed pursuant to Section 7."
Section 4. Except as expressly amended by this Fourth Amendment to
Employment Agreement, all of the provisions of the Agreement, as previously amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the City Council of the City of Rancho Palos
Verdes, California, has caused this Fourth Amendment to Employment 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 Fourth Amendment to Employment
Agreement, as of the date and year first above written.
Dated: Ceffilt,, , (erj EMP 0
CITY • RA CHO P ' OS VERDES
1
MAYO"
ATTEST:
IciPk
TY CLERK
692876-3
Fourth Amendment to Employment Agreement
March 18,2003
Page 3 of 3
[Signatures continue]
Dated: 5I1 R/C EMP •YEE
, •
L STER G. EVANS, JR. /
692876-3
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
This agreement is the third amendment to the Employment Agreement
(hereinafter referred to as "the Agreement") between the City of Rancho Palos Verdes
(hereinafter referred to as "City") and Lester G. Evans, Jr., (hereinafter referred to as
"Employee"). This Third Amendment to Employment Agreement is made and entered
into as of May 7, 2002.
WHEREAS, pursuant to Section 7 of the Agreement, the City Council of
City conducted an annual review Employee's performance at a closed session held at a
regular City Council meeting on April 16, 2002; and
WHEREAS, the City Council finds, that based on the review of
Employee's performance, the City Council desires to increase Employee's annual salary
and allow Employee to sell some of his accrued vacation time back to the City;
NOW, THEREFORE, the parties hereto agree that:
Section 1. Section 2 of the Agreement is hereby amended to read as
follows:
"SECTION 2. TERM
"A. The term of this Agreement shall be from July 1, 1998, until June 30,
2003, and shall automatically renew from year to year thereafter unless either party
gives written notice to the other party not later than the first day of January immediately
prior to the end of each contract year of a desire to amend, modify or terminate this
Agreement. If either party does not give such notice, then the term of this Agreement
shall be extended on the same terms and conditions as are herein provided for an
additional period of one (1) year from the first day of July following said January 1st.
This paragraph shall not be construed as preventing the parties from amending or
modifying the Agreement by a written instrument executed by both of the parties. The
question of extension or non-extension of the term hereof shall be considered by the
COUNCIL at the time of the annual evaluation of EMPLOYEE as provided in Section 7
hereof.
"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 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. In accordance with Section 2.08.020 of the Rancho Palos Verdes
Municipal Code, EMPLOYER hereby approves EMPLOYEE'S residence outside of the
City during the term of this Agreement.
"D. EMPLOYEE agrees to remain in the exclusive employment of
EMPLOYER until June 30, 2003, 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
692876-1 1
teaching, writing, or consulting performed on Employee's time off in accordance with
Section 8 of this Agreement.
SECTION 2. Paragraph C of Section 4 of the Agreement is hereby
amended by changing the dates referred to therein from June 30, 2001 to June 30,
2003.
SECTION 3. Section 6 of the Agreement is hereby amended to read as
follows:
"SECTION 6. SALARY
"A. EMPLOYER agrees to pay EMPLOYEE for his services
rendered pursuant hereto, an annual salary of$130,000.00. EMPLOYEE'S
salary shall be paid in installments at the same time as other employees of
EMPLOYER are paid.
"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 annually at the same time
that EMPLOYEE'S performance is reviewed pursuant to Section 7."
SECTION 4. Section 10 of the Agreement is hereby amended by
adding new paragraph C thereto to read as follows:
"C. On or before June 30, 2002, Employee may sell back to
EMPLOYER one hundred (100) hours of Employee's accrued vacation leave for the
sum of $6251.20. On or before June 30th of each year after June 30, 2002, that this
agreement remains in effect, EMPLOYEE may sell back to EMPLOYER up to 60 hours
of accrued or unused vacation leave at the rate of compensation then being earned by
EMPLOYEE."
Section 5. Except as expressly amended by this Third Amendment to
Employment Agreement, all of the provisions of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the City Council of the City of Rancho Palos
Verdes, California, has caused this Third Amendment to Employment 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 Third Amendment to Employment
Agreement, as of the date and year first above written.
692876-1 2
Dated: May 7. 2002 EMPLOYER
CITY OF RANCHO PALOS VERDES
C I
ATTEST: MAYOR /1
IIII
ITY LERK
Dated: i 00. EMP •YEE
,A
L STER G. EVANS, JR.
692876-1 3
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This agreement is the second amendment to the Employment Agreement
(hereinafter referred to as "the Agreement") between the City of Rancho Palos Verdes
(hereinafter referred to as "City") and Lester G. Evans, Jr., (hereinafter referred to as
"Employee"). This Second Amendment to Employment Agreement is made and
entered into as of April 17, 2001.
WHEREAS, pursuant to Section 7 of the Agreement, the City Council of
City conducted an annual review Employee's performance at a closed session held at a
regular City Council meeting on April 3, 2001; and
WHEREAS, the City Council finds, that based on the review of
Employee's performance, the City Council desires to increase Employee's annual
salary;
NOW, THEREFORE, the parties hereto agree that:
Section 1. Section 2 of the Agreement is hereby amended to read as
follows:
"SECTION 2. TERM
"A. The term of this Agreement shall be from July 1, 1998, until June 30,
2002, and shall automatically renew from year to year thereafter unless either party
gives written notice to the other party not later than the first day of January immediately
prior to the end of each contract year of a desire to amend, modify or terminate this
Agreement. If such notice is not given by either party, then the term of this Agreement
shall be extended on the same terms and conditions as are herein provided for an
additional period of one (1) year from the first day of July following said January 1st.
This paragraph shall not be construed as preventing the parties from amending or
modifying the Agreement by a written instrument executed by both of the parties. The
question of extension or non-extension of the term hereof shall be considered by the
COUNCIL at the time of the annual evaluation of EMPLOYEE as provided in Section 7
hereof.
"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 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. In accordance with Section 2.08.020 of the Rancho Palos Verdes
Municipal Code, EMPLOYER hereby approves EMPLOYEE'S residence outside of the
City during the term of this Agreement.
"D. EMPLOYEE agrees to remain in the exclusive employment of
EMPLOYER until June 30, 2002, and neither to accept other employment nor to
R6876\0001\650356.1
- 1 -
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 2. Paragraph C of Section 4 of the Agreement is hereby
amended by changing the dates referred to therein from June 30, 2001 to June 30,
2002.
SECTION 3. Section 6 of the Agreement is hereby amended to read as
follows:
"SECTION 6. SALARY
"A. EMPLOYER agrees to pay EMPLOYEE for his services
rendered pursuant hereto, an annual salary of $120,000.00. EMPLOYEE'S
salary shall be paid in installments at the same time as other employees of
EMPLOYER are paid.
"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 annually at the same time
that EMPLOYEE'S performance is reviewed pursuant to Section 7."
Section 4. Except as expressly amended by this Second Amendment to
Employment Agreement, all of the provisions of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the City Council of the City of Rancho Palos
Verdes, California, has caused this Second Amendment to Employment 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 Second Amendment to Employment
Agreement, as of the date and year first above written.
Dated:ls /idALc� `�1cC>Cj/ EMPLOYER
CITY OF RANCHO PALOS VERDES
12 M-
ATTEST:
•ITY CLERK
[signatures continue]
R6876\0001\650356.1
- 2 -
Dated: 412-4/0/ EM' •YEE
ESTER G. EVANS, JR.
R6876\0001\650356.1
- 3 -
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This agreement is the first amendment to the
Employment Agreement (hereinafter referred to as " the
Agreement" ) between the City of Rancho Palos Verdes (hereinafter
referred to as "City" ) and Lester G. Evans, Jr. , (hereinafter
referred to as "Employee" ) . This First Amendment to Employment
Agreement is made and entered into as of April 18, 2000 .
WHEREAS, pursuant to Section 7 of the Agreement, the
City Council of City conducted an annual review Employee' s
performance at a closed session held at a regular City Council
meeting on April 4 , 2000; and
WHEREAS, the City Council finds, that based on the
review of Employee' s performance, the City Council desires to
increase Employee' s annual salary;
NOW, THEREFORE, the parties hereto agree that :
Section 1 . Section 6 of the Agreement is hereby
amended to read as follows :
" SECTION 6 . SALARY
"A. EMPLOYER agrees to pay EMPLOYEE for his
services rendered pursuant hereto, an annual salary of
$110, 000 . 00 . EMPLOYEE' S salary shall be paid in
installments at the same time as other employees of
EMPLOYER are paid.
" 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 annually at the same time that
EMPLOYEE' S performance is reviewed pursuant to Section 7 ."
Section 2 . Except as expressly amended by this
First Amendment to Employment Agreement, all of the provisions
of the Agreement shall remain in full force and effect .
IN WITNESS WHEREOF, the City Council of the City of
Rancho Palos Verdes, California, has caused this First Amendment
to Employment 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 First Amendment to Employment
Agreement, as of the date and year first above written.
000412 R6876-00001 pjn 0692433.DOC
Dated: irqati �� 02 6 d 6 CITY OF RANCHO PALOS VERDES
(EMPLOYER)
MAY R
ATTEST:
410.
4111
AAj--ej)
CITY CLERK
Dated: Maa (, p EMPLOY E
AO
LESTER G. EVANS, JR
000412 R6876-00001 pjn 0692433.DOC
- 2 -
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the first
day of July, 1998, by and between the City of Rancho Palos
Verdes, State of California, a municipal corporation, hereinafter
called "EMPLOYER" , and Lester G. Evans, Jr. , hereinafter called
"EMPLOYEE" , referred to collectively as "the parties" .
RECITALS
WHEREAS, EMPLOYER desires to retain the services of
EMPLOYEE as City Manager as provided by Chapter 2 . 08 of Title 2
of the Municipal Code of the City of Rancho Palos Verdes; and
WHEREAS, it is the desire of the City Council of
EMPLOYER, hereinafter called "COUNCIL", to provide certain
benefits and to establish certain conditions of employment for
EMPLOYEE; and
WHEREAS, it is the further desire of the COUNCIL to
(1) to make possible EMPLOYEE'S full work productivity by
assuring EMPLOYEE's morale and peace of mind with respect to
future security, and (2) to provide a just means for terminating
EMPLOYEE's services when EMPLOYER or EMPLOYEE desire to terminate
this Agreement; and
NOW, THEREFORE, in consideration of the mutual
covenants and promises herein contained, the parties hereto 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, and to perform such other
legally permissible and proper duties and functions as the
COUNCIL shall from time to time assign.
SECTION 2 . TERM
A. The term of this Agreement shall be from July 1,
1998, until June 30, 2001, and shall automatically renew from
year to year thereafter unless either party gives written notice
to the other party not later than the first day of January
immediately prior to the end of each contract year of a desire to
980513 L:\voll\CWL\EVANS.AGR(4)
amend, modify or terminate this Agreement. If such notice is not
given by either party, then the term of this Agreement shall be
extended on the same terms and conditions as are herein provided
for an additional period of one (1) year from the first day of
July following said January 1st. This paragraph shall not be
construed as preventing the parties from amending or modifying
the Agreement by a written instrument executed by both of the
parties. The question of extension or non-extension of the term
hereof shall be considered by the COUNCIL at the time of the
annual evaluation of EMPLOYEE as provided in Section 7 hereof.
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 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. In accordance with Section 2 . 08. 020 of the Rancho
Palos Verdes Municipal Code, EMPLOYER hereby approves EMPLOYEE'S
residence outside of the City during the term of this Agreement.
D. EMPLOYEE agrees to remain in the exclusive
employment of EMPLOYER until June 30, 2001, 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. In the event that EMPLOYEE is terminated by the
COUNCIL before expiration of the aforementioned term of
employment without cause and 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 (6) months salary; provided, however,
that if at the time of termination of the Agreement, the
unexpired term of the Agreement is less than six (6) months, then
the cash payment shall be equal to Employee's monthly salary at
the time of termination multiplied by the number of months of the
unexpired term of the Agreement. Also, in such event, and in
addition to the herein above described lump sum cash payment,
EMPLOYER shall maintain EMPLOYEE on EMPLOYER's payroll roster,
980513 L:\voll\CWL\EVANS.AGR(4) 2
but only for insurance benefits, for twelve months after the date
of termination or until EMPLOYEE obtains other employment,
whichever first occurs. 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.
B. In the event EMPLOYER at any time during the time
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
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, or suggestion or request by the COUNCIL to resign.
C. In the event EMPLOYEE voluntarily resigns his
position with EMPLOYER before expiration of this Agreement and
after June 30, 2001, then EMPLOYEE shall give EMPLOYER two (2)
months written notice in advance. Additionally, in the event the
EMPLOYEE applies for a position elsewhere after June 30, 2001,
and during the term of his employment hereunder is included on a
list of five or fewer candidates still under consideration on
such a list, EMPLOYEE shall promptly give notice thereof to each
member of the COUNCIL, which notice shall be confidential insofar
as is permitted by applicable law.
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
successive 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. However,
EMPLOYEE shall be compensated for any accrued vacation, holiday,
administrative leave 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.
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SECTION 6. SALARY
A. EMPLOYER agrees to pay EMPLOYEE for his services
rendered pursuant hereto, an annual salary of $100, 000. 00.
EMPLOYEE'S salary shall be paid in installments at the same time
as other employees of EMPLOYER are paid.
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 annually at the same time that EMPLOYEE'S performance is
reviewed pursuant to Section 7.
SECTION 7. PERFORMANCE EVALUATION
A. Annually, the COUNCIL and EMPLOYEE shall define the
goals and objectives which they determine appropriate for the
proper operation of the City and to attain the COUNCIL'S policy
objectives. The COUNCIL and EMPLOYEE shall jointly establish the
relative priorities among the various goals and objectives and
shall reduce such prioritized goals and objectives to writing.
The goals and objectives shall generally be obtainable within the
specified time limitations and within the annual operating and
capital budgets and appropriations provided. Concurrently with
the establishment of the goals and objectives for the City, the
COUNCIL and EMPLOYEE shall establish the performance goals for
EMPLOYEE and any specific criteria which shall be used to
evaluate EMPLOYEE'S performance. Said criteria may be added to
or deleted from as the COUNCIL may from time to time determine
after consultation with EMPLOYEE.
B. The COUNCIL shall review and evaluate the
performance of EMPLOYEE at least once annually on or before
March 31st of each year. EMPLOYEE recognizes that as City
Manager, he shall remind COUNCIL of the obligation to conduct
review EMPLOYEE'S performance. 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.
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 six
hours per week in teaching, counseling or other non-Employer
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related business without the prior approval of the COUNCIL.
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 $500. 00 per month to compensate EMPLOYEE
for the use of EMPLOYEE's automobile for City business.
SECTION 10. 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 may
be amended by COUNCIL.
The provisions of this Section 10 exclude any
adjustments to EMPLOYEE'S salary; such increases, if any, shall
be determined by the COUNCIL in accordance with the provisions of
paragraph B of Section 6.
B. The vacation leave granted to EMPLOYEE pursuant to
the Management Employee Personnel Rules may be used by EMPLOYEE
at his discretion, considering always the best interests of the
City. EMPLOYEE shall notify the Mayor when vacation leave in
excess of three concurrent days is to be taken. If not used,
said vacation leave shall continue to accrue, except that such
entitlement shall not accrue beyond the maximum limits
established for other management employees, unless specifically
authorized by the COUNCIL. 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 entitlement in accordance with
the then current policy established for other management
employees.
SECTION 11. DUES AND SUBSCRIPTIONS
EMPLOYER agrees to budget and pay for the professional
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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.
SECTION 12 . 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, 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.
SECTION 13 . INDEMNIFICATION
EMPLOYER shall defend, indemnify and hold EMPLOYEE
harmless from any tort, professional liability claim or demand or
other legal action, whether groundless or otherwise, arising out
of an alleged act or omission occurring in the performance of
EMPLOYEE's duties as City Manager, except that this provision
shall not apply in respect to any intentional tort, actual fraud,
malice, crime or corruption by EMPLOYEE.
SECTION 14 . 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.
SECTION 15. NOTICES
Notices pursuant to this Agreement shall be given by
deposit in the custody of the United States Postal Service,
postage prepaid, addressed as follows or to such other address as
may be provided by written notice by a party to this Agreement:
1. EMPLOYER: Mayor and City Council
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
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2 . EMPLOYEE: Lester G. Evans, Jr.
3556 Windspun Drive
Huntington Beach, CA 92649
Alternately, notices required pursuant to this
Agreement may be personally served in the same manner as is
applicable to civil judicial process. Notice shall be deemed
given as of the date of personal service or the date of deposit
of such written notice in the course of transmission in the
United States Postal Service.
SECTION 16. GENERAL PROVISIONS
A. The text herein shall constitute the entire
agreement between the parties with respect to EMPLOYEE'S
employment with EMPLOYER.
B. This Agreement shall be binding on and inure to the
benefit of the heirs at law and executors of EMPLOYEE.
C. This Agreement shall become effective commencing
the 1st day of July, 1998.
D. If any provision, or any portion thereof, in this
Agreement is held 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.
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 in order to provide the new council
members an opportunity to work with and observe EMPLOYEE's
performance under this Agreement.
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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: '! i 1 3 / CITY OF RANCHO PALOS VERDES
(EMPLOYER)
MAYOR
ATTEST:
/
CIT CLERK
APPROVED AS TO FORM:
CITY ATTORNE
311 •
Dated: C / � a EMPLOYEE
_j
\ -//3 220-'1-LESTER G. EVANS, JR. ✓
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