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HomeMy WebLinkAboutRES 89-35RESOLUTION NO. 89-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING A CITY MANAGER AND APPROVING AN AGREEMENT WITH ROBERT L. VAN NORT WHEREAS, the City of Diamond Bar was incorporated on April 18, 1989 as a general law City of the State of California; and WHEREAS, it is necessary that a permanent City Manager be appointed immediately in order that the affairs of the City may be properly administered; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does resolve, determine and order as follows: SECTION 1. ROBERT L. VAN NORT is hereby appointed City Manager of the City of Diamond Bar to serve at the pleasure of the City Council. SECTION 2. Subject to the approval as to form of the City Attorney, the City Council approves and the Mayor is authorized to execute an employment agreement with ROBERT L. VAN NORT in substantially the form of Exhibit A, attached hereto. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of June, 1989. IROBERT L VAN NnRT City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 6th , day of June , 1989, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the _6th day of .'luny_, 1989, by the following vote: Forbing, Miller, Werner, AYES: COUNCIL MEMBERS: Mayor Pro Tem Horcher and NOES: COUNCIL MEMBERS: NONE Mayor Papen ABSENT: COUNCIL MEMBERS: NONE ABSTAINED: COUNCIL MEMBERS: NONE ATTEST: Cit Clerk of _t:ie City of Diamond Bar EMPLOYMENT AGREEMENT This Employment Agreement is made and entered into this first day of June, 1989, by and between the CITY OF DIAMOND BAR, a municipal corporation, hereinafter referred to as "City," and ROBERT L. VAN NORT, 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 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 and to perform such other duties as City's City Council shall from time to time assign to Manager. Manager shall neither accept not engage in any other employment or consulting activities without City's City Council's prior written approval. SECTION 2. TERM. This Agreement shall commence as of June 1, 1989 and shall terminate on June 30, 1992 unless sooner 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 employee a lump sum cash payment equal to the monetary value of four 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 June 1, 1989, Manager shall receive a monthly salary in the amount of Six Thousand Seven Five Hundred Dollars ($6,700.00). Further, as of each July 1 during the term 2 - hereof (commencing July 1, 1990), Manager shall be entitled to a cost -of -living increase to his salary equivalent to the largest such increase afforded to any other City employee. SECTION 5. AUTOMOBILE ALLOWANCE. In view of the fact that City's City Council requires that Manager have available and operate an automobile in performing his duties hereunder, Manager shall receive an automobile allowance of Two Hundred Fifty Dollars ($250.00) per month during the term hereof. SECTION 6. OTHER BENEFITS. Manager shall receive sick leave, bereavement leave, holidays, medical benefits, P.E.R.S. contributions and any other benefits supplied to City's other employees on the same basis as offered to such other 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. Moreover, Manager shall not be obligated to join P.E.R.S. until March 5, 1991. Upon commencement of employment with City, 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 3 shall, in addition to the above benefits, be entitled to five (5) days of administrative leave per year. SECTION 7. RETIREMENT CONTRIBUTION. City and Manager recognize that City is initiating 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 at the earliest opportunity, retroactive to the commencement date of Manager's employment with City. City agrees to pay Manager's share of the P.E.R.S. contribution in addition to City's share thereof. SECTION 8. 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 9. RELOCATION AND INTERIM PER DIEM EXPENSES. City recognizes that Manager will be required to relocate from his present residence to Diamond Bar, thereby incurring substantial expense. In order to assist in defraying such expense, City agrees to reimburse Manager for moving and relocation expenses in a sum not to exceed Three Thousand Five 4 Hundred Dollars ($3,500.00). Such reimbursement shall be promptly paid upon presentation of documents, invoices, bills of lading or other instruments evidencing such moving and relocation expenses. In addition to any other sums to be paid to Manager hereunder, City agrees to pay to Manager Sixty Dollars ($60.00) per day, not to exceed a total payment hereunder of Two Thousand Dollars ($2,000.00) as per diem for temporary lodging and accommodations during the first sixty (60) days of the term hereof. SECTION 10. INDEMNIFICATION. City shall defend, hold harmless and indemnify Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged actor 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 Managers' 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 5 - 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 once annually during the period between April 1 and June 30 in advance of the adoption of the annual operating budget. 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. 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. A 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 provision 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 above written. ATTEST: Tommye'Nice, Deputy City Clerk, City of Diamond Bar 7 Phyllis Papen, Mayor, City of Diamond Bar Robert L. Van Nort APPROVED AS TO FORM* G � Andrew V. Arczynski, City Attorney, City of Diamond Bar SPOUSAL CONSENT The undersigned is the spouse of ROBERT L. VAN NORT and hereby consents to ROBERT L. VAN NORT's execution of the above Agreement, and agrees to be bound by the terms of said Agreement. Diane Van Nort S11011\EMPLAGMB 2.3C 8