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HomeMy WebLinkAboutBelanger, Terrence - 9/15/1992EMPLOYMENT AGREEMENT This Employment Agreement, is made and entered into this 15th day of September, 1992, by and between the CITY OF DIAMOND BAR, a municipal corporation, hereinafter referred to as "City", and TERRENCE L. BELANGER, hereinafter referred to as "Manager." W I T N E S S E T H A. RECITALS. (i) City desires to employ Manager as City Manager of City. (ii) It is the desire of City's City Council to ..provide certain benefits, establish certain conditions of employment, and to set working conditions of Manager. (iii) It is the desire of City's City Council (1) to provide a clearly defined procedure for terminating the services of Manager when the City's City Council may desire to terminate his employ- ment, (2) to assist in the maintenance and well-being of Manager, (3) to retain the services of Manager and to provide inducement for him to remain in such employment, (4) to make passible full work productivity by assuring Manager's morale, health, and peace of mind with respect to the future security of him and his family, and (5) to establish a clear and mutually understood system of compensating Manager. NOW, THEREFORE, in consideration of the mutual covenants here- in contained, the parties hereto agree as follows: SECTION 1. DUTIES City hereby agrees to employ Manager as City Manager of City to perform the duties and functions specified in the Diamond Bar ordinances and Regulations pertaining to the duites and responsibilities of the and to perform such other duties as City's City Council shall from time to time assign to Manager. Manager shall neither accept nor engage in any other employment or consulting activities without City's City Council's prior written approval. 1 SECTION 2. TERM. This Agreement shall commence as of September 15, 1992, and shall continue in effect, unless terminated in the manner and on the terms provided below. SECTION 3. TERMINATION AND SEVERANCE PAY. A. City's City Council may terminate the employment of Manager at any time; provided, however, that, if and when such employment is so terminated without cause, City shall pay Manager a lump sum cash payment equal to the monetary value of six months salary and benefits articulated below for Manager. B. In the event Manager desires to resign his position with City, then Manager shall give City sixty (60) days written notice thereof in advance. SECTION 4. SALARY. Commencing September, 1992, Manager shall receive a monthly salary in the amount of Seven Thousand, Six Hundred Dollars ($7,600). SECTION S. USE OF CITY VEHICLE. The Manager's duties require the exclusive and unrestricted use at all times during the duration of this Agreement of an auto- mobile provided by the City. The City shall be responsible for liability, property damage, and comprehensive insurance for such automobile and for costs purchase, operation, maintenance, repair, and replacement for such an automobile. SECTION 6. DEFERRED COMPENSATION. The City agrees to establish a deferred compensation program for the Manager and deposit Four Hundred Dollars ($400.00) monthly toward this program, effective September 15 , 1992. SECTION 7. OTHER BENEFITS. Manager shall receive sick leave, bereavement leave, holidays, 2 medical benefits, P.E.R.S. contributions, and any other benefits supplied to City's other management employees on the same basis as offered to such other management employees. To the extent the same is legally permissible, Manager may elect to obtain such benefits pursuant to a "cafeteria plan" with the monetary value of benefits not selected applied to a deferred compensation plan selected by Manager and approved by City. Upon commencement of employment as City Manager, Manager shall be deemed to have accrued, and shall have credited to him fifteen (15) days of vacation leave to be taken at times mutually agreed upon by City and Manager. Manager shall be permitted to attend, at City expense-, professional conferences approved by City's City Council through the budget or other appropriate process. Manager shall, in addition to the above benefit, be entitled to ten (10) days of administrative leave per year, and shall accrue twenty (20) days of vacation annually. SECTION $. RETIREMENT CONTRIBUTION. City and Manager recognize that City has completed the legally required procedure to contract with the Public Employees Retirement System. To the extent the same is legally permissible, City agrees to endeavor to enroll Manager therein. City agrees to pay Manager's share of the P.E.R.S. contribution in addition to the City's share thereof. SECTION 9. REIMBURSEMENT OF EXPENSES. Manager shall be reimbursed for his out-of-pocket expenses incident to services performed on behalf of City hereunder, inclu- ding professional activities, such as travel expenses, in the event Manager is required to travel on behalf of City. Manager may be supplied credit cards at the discretion of City's City Council which he shall use to defray such expenses whenever practicable for ease of accounting. SECTION 10. INDEMNIFICATION. City shall defend, hold harmless, and indemnify Manager 3 against 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 Manager's duties hereunder and will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom to the extent specified in the California Government Code. SECTION 11. DUES AND SUBSCRIPTIONS. City's City Council agrees to budget and pay for the pro- fessional dues of Manager in the International City Management Association, and to consider defraying such other dues and sub- scriptions of Manager which City's City Council deems appropriate and necessary for his continuation and full participation in associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the benefit of City. SECTION 12. EVALUATION AND MERIT INCREASES. City's full City Council shall review and evaluate the per- formance of Manager at least twice annually. Said review should take place during the period between November 1 and December 31 and the period between April 1 and June 30. Said review and evaluation shall be in accordance with specific criteria developed jointly by City's City Council and Manager. Said criteria may be added to or deleted from as City's City Council may, from time to time, determine, in consultation with Manager. Further, City's City Council shall provide Manager with a summary written statement of the findings of City's full City Council and provide an adequate opportunity for Manager to discuss his evaluation with City's City Council. Said annual evaluation shall constitute the basis for City's City Council to consider any salary merit increases requested by or afforded to Manager during the term hereof. 4 SECTION 13. COMMUNICATION WITH CITY COUNCIL. To the maximum extent possible, Manager shall provide his input to and communicate with all members of City's City Council simultaneously. In any instance where such simultaneous communication is not feasible, Manager shall communicate with City's Mayor, Mayor Pro Tem, or any other member of City's City Council in that order. SECTION 14. GENERAL PROVISIONS. A. This Agreement shall be binding upon and inure to the benefit of the heirs.at law and executors of Manager. B. If any provision of this Agreement shall be held invalid, the remainder shall nevertheless be deemed valid and effective, and it is the intention of the parties hereto that each provisions hereof is being stipulated separately in the event one or more of such provisions should be held invalid. C. Manager may not assign this Agreement, in whole or in part. IN WITNESS WHEREOF, the CITY OF DIAMOND BAR has caused this agreement to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and Manager has signed and exe- cuted this Agreement, both in duplicate, the day and year first ab ve written, i I � `t'ti i.✓�'� Terrence L. Belange Jay. C. m ayor City Manager City of Diamond Bar A Municipal Corporation of the State of California ATTEST: APPROVED AS TO FORM: Vn dda turgess Andrew V. Arczynskipi � %d/ City Clerk ASS City Attorney VVV City of Diamond Bar 5 6 IR AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER That Agreement for the Employment of the City Manager entered into on September 15, 1992 ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and TERRENCE L. BELANGER ("MANAGER" hereinafter) is hereby amended as of March 1, 1995 as follows: SECTION 4. SALARY is hereby amended to read, in words and figures, as follows: SECTION 4. SALARY. Commencing March 1, 1995, MANAGER shall receive a monthly salary in the amount of Eight Thousand Fifty -Six Dollars ($8,05 6. 0 0). 2. SECTION 7. OTHER BENEFITS is hereby amended to read, in words and figures, as follows: SECTION 7. OTHER BENEFITS. B. Commencing September 15, 1992, the MANAGER may accumulate up to two hundred forty (240) hours of vacation leave; provided that any amount of vacation leave over the two hundred forty (240) hours maximum accumulation shall be cashed -out quarterly, commencing March 1, 1995. Further, commencing September 15, 1992, administrative leave shall be utilized within the fiscal year in which said leave accrues. Administrative leave shall not be accumulated beyond the fiscal year that said administrative leave accrues. 3. Other than as expressly amended herein, the Agreement, and each and every term and provision thereof, shall remain in full force and effect. WHEREFORE, the parties hereto have executed this Amended Agreement for the Employment of the City Manager as of the dates set forth below opposite the name of each party. Dated: oy« /S 9s Dated: Ai OA. /6 &y CITY OF DIAMOND BAR A Municipal Corporation By: �� Mayor L B G` City Clerk TERRENCE L. BELAN GER L Y B (/`` at5rt� City Manager AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER That Agreement for Employment of the City Manager entered into September 15, 1992 and the Amendment thereto entered into March 1, 1995 ("the Agreement" hereinafter), by and between the City of Diamond Bar, a municipal corporation ("City" hereinafter) and Terrence L. Belanger ("Manager" hereinafter) is hereby amended as of July 1, 1997 as follows: 1. SECTION 3. TERMINATION AND SEVERANCE PAY: A. The City Council may terminate the employment of the Manager at any time, provided however, that if and when such employment is involuntarily terminated without cause, City shall pay Manager a lump sum cash payment equal to the monetary value of six (6) months salary and benefits, which are set forth, by reference, in Exhibit "A". B. Involuntary termination for cause means ending the employment of Manager because Manager has been convicted of a felony of robbery, bribery, extortion, embezzlement, fraud, grand larceny, burglary, arson, murder, rape, kidnapping, perjury, assault with intent to kill, a felony violation of a state or federal law regulating a controlled substance (felony drug conviction), or any felony involving abuse or misuse of the City Manager's position to obtain illegal personal gain. C. In the event the Manager desires to resign his position with the City, then Manager shall give City sixty (60) days written notice thereof, in advance. 2. SECTION 4. SALARY: A. The Manager shall receive a monthly salary in the amount of eight thousand fifty-six dollars ($8,056.00). B. The Manager salary range (Step A thru Step G) shall be $6,959.08 through $9,325.83 per month; and, shall be amended, from time to time, by resolution. 3. SECTION 7. OTHER BENEFITS: A. Manager shall be entitled to observe holidays on the same basis as management employees. Cafeteria benefits, CalPERS contributions and other similar benefits provide to other management employees shall be provided to the Manager on the same basis. 3. SECTION 7. OTHER BENEFITS (CON'T): B. Effective July 1, 1997, Manager shall be entitled to Comprehensive Annual Leave ("CAL"); in lieu of vacation, sick leave, administrative leave, and floating holiday leave. Manager shall be entitled to three hundred sixty (360) hours of CAL, per fiscal year. With the exception of forty (40) hours of CAL per fiscal year, any and all accumulated CAL may be carried over from one fiscal year to the next fiscal year. All accrued and accumulated CAL is payable in lump sum upon termination of Manager's employment. C. Manager shall be permitted to attend, at City expense, professional conferences, seminars, workshops, meetings and other similar activities, approved and allocated by the City Council through the municipal budget or other appropriate process(es). 4. SECTION 8. RETIREMENT CONTRIBUTIONS: A. City and Manager recognize that City has completed the legally required procedure to contract with the Public Employees Retirement System ("PERS"). To the extent the same is legally permissible, City agrees to endeavor to enroll Manager therein. City agrees to pay Manager's share of the PERS contribution, in addition to the City's share thereof. B. The City shall also contribute, on behalf of Manager, $6,860.36 annually, in bi- weekly payments, to the California PERS, to add four years of service credit to the Manager's retirement account for Manager's military service (8/01/63 to 5/17/67). WHEREFORE, the parties hereto hereby execute this Amended Agreement for the Employment of the City Manager, on the dates set forth below after the name of each party. CITY OF DIAMOND BAR A Municipal Corporation ayor Attes 4Cityy Clerk Dated:_ i?_ TERRENCE L. BELANGER City Manager Dated:_&A-4 L �P f LC AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER That Agreement for the Employment of the City Manager entered into on September 15, 1992 ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and TERRENCE L. BELANGER ("MANAGER" hereinafter) is hereby amended as of July 1, 1998, as follows: SECTION 4. SALARY is hereby amended to read, in words and figures, as follows: SECTION 4. SALARY. Commencing July 1, 1998, MANAGER shall receive a monthly salary in the amount of Eight Thousand Four Hundred Fifty Eight Dollars and Eighty Cents ($8,458.80) which is Step E of the Manager's Salary Range. 2. Other than as expressly amended herein, the Agreement, and each and every term and provision thereof, shall remain in full force and effect. WHEREFORE, the parties hereto have executed this Amended Agreement for the Employment of the City Manager as of the dates set forth below opposite the name of each party. Dated:_ c,) (0 CITY OF DIAMOND BAR A Municipal Corporation M Wen Chang, Mayor Y Lynda Burgess, Cit C erk Dated. - v TERRENCE L. BELANGBR By: y�rc � City Manager EXHIBIT "A" SALARY PERS PERS (MILITARY) DEFERRED COMP. CAFETERIA DENTAL VISION LIFE INS. WORKER'S COMP. MEDICARE AUTOMOBILE TOTAL SALARY/BENEFITS SEVERANCE EQUALS 6 MONTHS SALARY AND BENEFITS = $ 67,908.03 $ 96,672.00 $ 13,191.86 $ 6,860.36 $ 4,800.00 $ 7,800.00 $ 333.24 $ 197.76 $ 174.00 $ 1,885.10 $ 1,401.74 $ 2,500.00 $135,816.06 EXHIBIT "A" SALARY $ 101,505.60 PERS $ 13;356.11 PERS (MILITARY) $ 6,860.28 DEFERRED COMP $ 4,800.00 CAFETERIA $ 8,160.00 DENTAL $ 358.20 VISION $ 197.76 LIFE INSURANCE $ 174.00 WORKER'S COMP $ 1,267.09 MEDICARE $ 1,471.83 AUTOMOBILE $ 2,500.00 TOTAL SALARY/BENEFITS $ 140,650.87 SEVERENCE EQUALS 6 MONTHS SALARY AND BENEFITS = $ 70,325.44 :7 SALARY PERS PERS (MILITARY) DEFERRED COMP CAFETERIA DENTAL VISION LIFE INS. WORKER'S COMP MEDICARE AUTOMOBILE TOTAL SALARY/BENEFITS SEVERANCE PAYMENT: EXHIBIT "A" $101,505.60 $ 13,358.14 $ 6,860.36 $ 4,800.00 $ 8,160.00 $ 333,24 $ 197.76 $ 174.00 $ 2,182.37 $ 1,471.83 $ 2,500.00 $ 141,543.30 SIX (6) MONTHS SALARY & BENEFITS = $70,7771.65 0 CITY OF DIAMOND BAR Total Compensation Package for Terrence L. Belanger per Agreement Dated 02/03/99 Monetary Compensation Annual Compensation Step E - CM Salary Range 104,550.76 Worker's Compensation Insurance 1,798.27 Retirement 2% @ 55 (11.277%/Salary) 11,790.19 Cafeteria Benefit (705/mo) 8,460.0p c City Paid Benefits 62.62/ 1�. � � � w ( mo) �we49 vj� 751.44 Adn'I Deferred Comp -Contract (400/mo) 4,800.00 5 '7 PERS Military Service Buyback - Contract -6,860.36 Tuition Reimbursement Available (500/yr) 500.00 139,511.02 Non Monetary Benefits Holidays - 10 paid days Comprehensive Annual Leave - 360 hours With the exception of 40hrs per FY can be accumulated and carried over from year to year. All accrued and accumulated CAL is payable in lump sum upon termination Car, fuel, auto insurance and maintenance provided 6 Month Severance Pay Lump Sum Payment upon involuntary termination 60 day Resignation Written Notice required. 401(a) Plan Available INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager RE: Change of Residence DATE: February 23,1994 I am requesting that the Council grant approval, for me to establish residence outside the City of Diamond Bar. The City Manager ordinance (No.2-89), in Section 2, requires the City Manager to establish residence in Diamond Bar, within 180 days after reporting for work. However, Section 2 provides for the City Manager establishing residence outside Diamond Bar, with the Council's approval. I have resided in Diamond Bar, since June 16, 1990. I was a resident of Diamond Bar at the time of my appointment to the position of City Manager, on September 15, 1992. I continue to reside in Diamond Bar. However, the continuing evolution of my relationship with my significant other requires me to ask that the Council approve my establishing residence at her home, in Fullerton. The basic reason for the request is that I rent an apartment, while my significant other owns her house. In order to maintain family stability, it is important that we reside at the Fullerton house. I -appreciate your considering this request; and, ask for your approval. EMPLOYMENT AGREEMENT This Employment Agreement, is made and entered into this 15th day of September, 1992, by and between the CITY OF DIAMOND BAR, a municipal corporation, hereinafter referred to as "City", and TERRENCE L. BELANGER, hereinafter referred to as "Manager." WI TNE S S E T H A. RECITALS. (i) City desires to employ Manager as City Manager of City. (ii) It is the desire of City's City Council to .. provide certain benefits, establish certain conditions of employment, and to set working conditions of Manager. (iii) It is the desire of City's City Council (1) to provide a clearly defined procedure for terminating the services of Manager when the City's City Council may desire to terminate his employment, (2) to assist in the maintenance and well-being of Manager, (3) to retain the services of Manager and to provide inducement for him to remain in such employment, (4) to make possible full work productivity by assuring Manager's morale, health, and peace of mind with respect to the future security of him and his family, and (5) to establish a clear and mutually understood system of compensating Manager. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES City hereby agrees to employ Manager as City Manager of City to perform the duties and functions specified in the Diamond Bar Ordinances and Regulations pertaining to the duites and responsibilities of the and to perform such other duties as City's City Council shall from time to time assign to Manager. Manager shall neither accept nor engage in any other employment or consulting activities without City's City Council's prior written approval. 1 SECTION 2. TERM. This Agreement shall commence as of September 15, 1992, and shall continue in effect, unless terminated in the manner and on the terms provided below. SECTION 3. TERMINATION AND SEVERANCE PAY. A. City's City Council may terminate the employment of Manager at any time; provided, however, that, if and when such employment is so terminated without cause, City shall pay Manager a lump sum cash payment equal to the monetary value of six months salary and benefits articulated below for Manager. B. In the event Manager desires to resign his position with City, then Manager shall give City sixty (60) days written notice thereof in advance. SECTION 4. SALARY. Commencing September, 1992, Manager shall receive a monthly salary in the amount of Seven Thousand, Six Hundred Dollars ($7,600). SECTION 5. USE OF CITY VEHICLE. The Manager's duties require the exclusive and unrestricted use at all times during the duration of this Agreement of an automobile provided by the City. The City shall be responsible for liability, property damage, and comprehensive insurance for such automobile and for costs purchase, operation, maintenance, repair, and replacement for such an automobile. SECTION 6. DEFERRED COMPENSATION. The City agrees to establish a deferred compensation program for the Manager and deposit Four Hundred Dollars ($400.00) monthly toward this program, effective September 15 , 1992. SECTION 7. OTHER BENEFITS. Manager shall receive sick leave, bereavement leave, holidays, 2 medical benefits, P.E.R.S. contributions, and any other benefits supplied to City's other management employees on the same basis as offered to such other management employees. To the extent the same is legally permissible, Manager may elect to obtain such benefits pursuant to a "cafeteria plan" with the monetary value of benefits not selected applied to a deferred compensation plan selected by Manager and approved by City. Upon commencement of employment as City Manager, Manager shall be deemed to have accrued, and shall have credited to him fifteen (15) days of vacation leave to be taken at times mutually agreed upon by City and Manager: .,Manager shall be permitted to attend, at City expense-, professional conferences approved by City's City Council through the budget or other appropriate process. Manager shall, in addition to the above benefit, be entitled to ten (10) days of administrative leave per year, and shall accrue twenty (20) days of vacation annually. SECTION $. RETIREMENT CONTRIBUTION. City and Manager recognize that City has completed the legally required procedure to contract with the Public Employees Retirement System. To the extent the same is legally permissible, City agrees to endeavor to enroll Manager therein. City agrees to pay Manager's share of the P.E.R.S. contribution in addition to the City's share thereof. SECTION 9. REIMBURSEMENT OF EXPENSES. Manager shall be reimbursed for his out-of-pocket expenses incident to services performed on behalf of City hereunder, including professional activities, such as travel expenses, in the event Manager is required to travel on behalf of City. Manager may be supplied credit cards at the discretion of City's City Council which he shall use to defray such expenses whenever practicable for ease of accounting. SECTION 10. INDEMNIFICATION. City shall defend, hold harmless, and indemnify Manager 3 against 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 Manager's duties hereunder and will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom to the extent specified in the California Government Code. SECTION 11., DUES AND SUBSCRIPTIONS. City's City Council agrees to budget and pay for the professional dues of Manager in the International City Management Association, and to consider defraying such other dues and subscriptions of Manager which City's City Council deems appropriate and necessary for his continuation and full participation in associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the benefit of City. SECTION 12. EVALUATION AND MERIT INCREASES. City's full City Council shall review and evaluate the performance of Manager at least twice annually. Said review should take place during the period between November 1 and December 31 and the period between April 1 and June 30. Said review and evaluation shall be in accordance with specific criteria developed jointly by City's City Council and Manager. Said criteria may be added to or deleted from as City's City Council may, from time to time, determine, in consultation with Manager. Further, City's City Council shall provide Manager with a summary written statement of the findings of City's full City Council and provide an adequate opportunity for Manager to discuss his evaluation with City's City Council. Said annual evaluation shall constitute the basis for city's city council to consider any salary merit increases requested by or afforded to Manager during the term hereof. 11 SECTION 13. COMMUNICATION WITH CITY COUNCIL. To the maximum extent possible, Manager shall provide his input to and communicate with all members of City's City Council simultaneously. In any instance where such simultaneous communication is not feasible, Manager shall communicate with City's Mayor, Mayor Pro Tem, or any other member of City's City Council in that order. SECTION 14. GENERAL PROVISIONS. A. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Manager. B. If any provision of this Agreement shall be held invalid, the remainder shall nevertheless be deemed valid and effective, and it is the intention of the parties hereto that each provisions hereof is being stipulated separately in the event one or more of such provisions should be held invalid. C. Manager may not assign this Agreement, in whole or in part. IN WITNESS WHEREOF, the CITY OF DIAMOND BAR has caused this agreement to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and Manager has signed and executed this Agreement, both in duplicate, the day and year first ab ve written Terrence L. Bel Jay. C. m, aor city of Diamond City Manager Bar ATTEST: nda Burgess Arczynski City Clerk Andrew V. y 5 APPROVED AS TO FORM: JR That Agreement for the Employment of the City Manager entered into on September 15, 1992 ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and TERRENCE L. BELANGER ("MANAGER" hereinafter) is hereby amended as of March 1, 1995 as follows: SECTION 4. SALARY is hereby amended to read, in words and figures, as follows: SECTION 4. SALARY. Commencing March 1, 1995, MANAGER shall receive a monthly salary in the amount of Eight Thousand Fifty -Six Dollars ($8,05 6.00). 2. SECTION 7. OTHER BENEFITS is hereby amended to read, in words and figures, as follows: SECTION 7. OTHER BENEFITS. B. Commencing September 15, 1992, the MANAGER may accumulate up to two hundred forty (240) hours of vacation leave; provided that any amount of vacation leave over the two hundred forty (240) hours maximum accumulation shall be cashed -out quarterly, commencing March 1, 1995. Further, commencing September 15, 1992, administrative leave shall be utilized within the fiscal year in which said leave accrues. Administrative leave shall not be accumulated beyond the fiscal year that said administrative leave accrues. Other than as expressly amended herein, the Agreement, and each and every term and provision thereof, shall remain in full force and effect. WHEREFORE, the parties hereto have executed this Amended Agreement for the Employment of the City Manager as of the dates set forth below opposite the name of each party. Dated: a/t-_a / S 9s CITY OF DIAMOND BAR A Municipal Corporation Dated: By: Mayor B City Clerk L. BFLANGER By: City Manager AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER That Agreement for Employment of the City Manager entered into September 15, 1992 and the Amendment thereto entered into March 1, 1995 ("the Agreement" hereinafter), by and between the City of Diamond Bar, a municipal corporation ("City" hereinafter) and Terrence L. Belanger ("Manager" hereinafter) is hereby amended as of July 1, 1997 as follows: 1. SECTION 3. TERMINATION AND SEVERANCE PAY: A. The City Council may terminate the employment of the Manager at any time, provided however, that if and when such employment is involuntarily terminated without cause, City shall pay Manager a lump sum cash payment equal to the monetary value of six (6) months salary and benefits, which are set forth, by reference, in Exhibit "A B. Involuntary termination for cause means ending the employment of Manager because Manager has been convicted of a felony of robbery, bribery, extortion, embezzlement, fraud, grand larceny, burglary, arson, murder, rape, kidnapping, perjury, assault with intent to kill, a felony violation of a state or federal law regulating a controlled substance (felony drug conviction), or any felony involving abuse or misuse of the City Manager's position to obtain illegal personal gain. C. In the event the Manager desires to resign his position with the City, then Manager shall give City sixty (60) days written notice thereof, in advance. 2. SECTION 4. SALARY: A. The Manager shall receive a monthly salary in the amount of eight thousand fifty-six dollars ($8,056.00). B. The Manager salary range (Step A thru Step G) shall be $6,959.08 through $9,325.83 per month; and, shall be amended, from time to time, by resolution. 3. SECTION 7. OTHER BENEFITS: A. Manager shall be entitled to observe holidays on the same basis as management employees. Cafeteria benefits, CalPERS contributions and other similar benefits provide to other management employees shall be provided to the Manager on the same basis. 3. SECTION 7. OTHER BENEFITS (CON'T): B. Effective July 1, 1997, Manager shall be entitled to Comprehensive Annual Leave ("CAL"); in lieu of vacation, sick leave, administrative leave, and floating holiday leave. Manager shall be entitled to three hundred sixty (360) hours of CAL, per fiscal year: With the exception of forty (40) hours of CAL per fiscal year, any and all accumulated CAL may be carried over from one fiscal year to the next fiscal year: All accrued and accumulated CAL is payable in lump sum upon termination of Manager's employment. C. Manager shall be permitted to attend, at City expense, professional conferences, seminars, workshops, meetings and other similar activities, approved and allocated by the City Council through the municipal budget or other appropriate process(es). 4. SECTION 8. RETIREMENT CONTRIBUTIONS: A. City and Manager recognize that City has completed the legally required procedure to contract with the Public Employees Retirement System ("PERS"). To the extent the same is legally permissible, City agrees to endeavor to enroll Manager therein. City agrees to pay Manager's share of the PERS contribution, in addition to the City's share thereof. B. The City shall also contribute, on behalf of Manager, $6,860.36 annually, in biweekly payments, to the California PERS, to add four years of service credit to the Manager's retirement account for Manager's military service (8/01/63 to 5/17/67). WHEREFORE, the parties hereto hereby execute this Amended Agreement for the Employment of the City Manager, on the dates set forth below after the name of each party. CITY OF DIAMOND BAR A Municipal Corporation ayor Attes st'dw, do- —1'4a t97 City Clerk TERRENCE L. BELANGER By Dated:_ Dated: City Manager 1 6 AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER That Agreement for the Employment of the City Manager entered into on September 15, 1992 ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and TERRENCE L. BELANGER ("MANAGER" hereinafter) is hereby amended as of July 1, 1998, as follows: SECTION 4. SALARY is hereby amended to read, in words and figures, as follows: SECTION 4. SALARY. Commencing July 1, 1998, MANAGER shall receive a monthly salary in the amount of Eight Thousand Four Hundred Fifty Eight Dollars and Eighty Cents ($8,458.80) which is Step E of the Manager's Salary Range. 2. Other than as expressly amended herein, the Agreement, and each and every term and provision thereof, shall remain in full force and effect. WHEREFORE, the parties hereto have executed this Amended Agreement for the Employment of the City Manager as of the dates set forth below opposite the name of each party. Dated: —'3 ° CITY OF DIAMOND BAR A Municipal Corporation Wen Chang, Mayor Lynda Burgess, Cit -1 Clerk Dated: —q TERRENCE I,. BELANGIR BY. . Y City Manager 96,672.00 PERS 13,191.86 EXHIBIT "A" PERS MILITARY 6,860.36 DEFERRED COMP. 14,800.00 SALARY CAFETERIA 7,800.00 DENTAL 333.24 VISION 197.76 11,401.74 LIFE INS. 174.00 WORKER'S COMP. 1,885.10 MEDICARE TOTAL SALARY/BENEFITS x$135,816.06 1 SEVERANCE EQUALS 6 MONTHS SALARY AND BENEFITS = $ 67,908.03 .l-..1 00 EXHIBIT "A" DENTAL 0 058.20 TOTAL SALARY/BENEFITS $ 140.650.87 ISION Is 1197.76 SEVERENCE EQUALS 6 MONTHS SALARY AND BENEFITS = $ 70,325.44 LIFE INSURANCE 174.00 SALARY 101,505.60 PERS 13;356.11 PERS MILITARY 67860.28 DEFERRED OMP 7800.00 AFETERIA p P7160.00 EXHIBIT "A" DENTAL 0 058.20 TOTAL SALARY/BENEFITS $ 140.650.87 ISION Is 1197.76 SEVERENCE EQUALS 6 MONTHS SALARY AND BENEFITS = $ 70,325.44 LIFE INSURANCE 174.00 ORKER'S OMP 1,267.09 M ED I CARE 11,471.83 UTOMOBILE P,500.00 1/20/ SALARY PERS PERS (MILITARY) DEFERRED COMP CAFETERIA DENTAL VISION LIFE INS. WORKER'S COMP MEDICARE AUTOMOBILE TOTAL SALARYBENEFITS SEVERANCE PAYMENT: EXHIBIT "A" $101,505.60 $ 13,358.14 $ 6,860.36 $ 4,800.00 $ 8,160.00 $ 333,24 $ 197.76 $ 174.00 $ 2,182.37 $ 1,471.83 2,500.00 $ 141,543.30 SIX (6) MONTHS SALARY & BENEFITS = S70,7771.65 CITY OF DIAMOND BAR Total Compensation Package for Terrence L. Belanger per Agreement Dated 02/03/99 ietary Compensation Annual Compensation Step E - CM Salary Range 104,550.76 Worker's Compensation Insurance 1,798.27 Retirement 2% @ 55 (11.277%/Salary) 11,790.19 Cafeteria Benefit (705/mo) 8,460.0; ty Paid Benefits (62.62/mo) ai. 751.44 1n'i Deferred Comp -Contract (400/mo) 4,800.00 - 5 7 PERS Military Service Buyback - Contract -6,860.36 Aition Reimbursement Available (500/yr) 500.00 D CY-'t c 139,511.02 Non Monetary Benefits Holidays - 10 paid days Comprehensive Annual Leave - 360 hours With the exception of 40hrs per FY can be accumulated and carried over from year to year: All accrued and accumulated CAL is payable in lump sum upon termination Car, fuel, auto insurance and maintenance provided 6 Month Severance Pay Lump Sum Payment upon involuntary termination 60 day Resignation Written Notice required. 401 (a) Plan Available INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager RE: Change of Residence DATE: February 23,1994 I am requesting that the Council grant approval, for me to establish residence outside the City of Diamond Bar. The City Manager ordinance (No:2-89), in Section 2, requires the City Manager to establish residence in Diamond Bar, within 180 days after reporting for work. However, Section 2 provides for the City Manager establishing residence outside Diamond Bar, with the Council's approval. I have resided in Diamond Bar, since June 16, 1990. I was a resident of Diamond Bar at the time of my appointment to the position of City Manager, on September 15, 1992: I continue to reside in Diamond Bar. However, the continuing evolution of my relationship with my significant other requires me to ask that the Council approve my establishing residence at her home, in Fullerton. The basic reason for the request is that I rent an apartment, while my significant other owns her house. In order to maintain family stability, it is important that we reside at the Fullerton house. I -appreciate your considering this request; and, ask for your approval.