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HomeMy WebLinkAboutC-2484 - Separation & Accrued Pay Agreement0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 / � TO: FINANCE DIRECTOR / 27 9z- FROM: CITY CLERK DATE: January 27, 1992 SUBJECT: Contract No. C- 2484(A) Description of Contract Consultant Agreement with City Manager Effective date of Contract January 2 1992 Authorized by Minute Action, approved on January 13 1992 Contract with _ Robert Wynn Address Amount of Contract (See Agreement) k" `' V Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY January 6, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Consultant Agreement with City Manager F -3(e) �fl/ _rYr,_c, CITY OF NCINF(1L . JAN 1 3 APPROVED I have prepared a brief Consultant Agreement that would allow Robert Wynn to function as City Manager at least until his replacement is hired. Mr. Wynn would be paid at a rate commensurate with his salary as of the date of retirement. The City or Mr. Wynn would have the right to terminate the Agreement on seven (7) days written notice. The Agreement would allow Mr. Wynn to work with his successor for as long as appropriate. Robert H. Burnham City Attorney RHB:kmc Attachment E F -3(e) CONSULTANT AGREEMENT • This Agreement, dated the 2nd day of January, 1992 for purposes of identification, between the City of Newport Beach ( "City ") and Robert L. Wynn ( "Consultant ") is made with reference to the following: A. Consultant has been the City Manager for City since 1971; B. Consultant retired as the City Manager effective December 30, 1991; C. City would like Consultant to continue to perform the duties of City Manager at least until his replacement is hired. NOW, THEREFORE, the parties hereto agree as follows: 1. Services to be Performed. Consultant shall perform the tasks and duties normally required of the City Manager of the City of Newport Beach. • 2. Compensation. Consultant shall be paid Seventy Dollars ($70.00) per hour for all services performed pursuant to this Agreement. 3. Reimbursement for Expenses. Consultant shall be reimbursed for all expenses actually incurred in the performance of services pursuant to this Agreement. 4. Invoices. Consultant shall submit invoices to City on a bi- weekly basis. Each invoice shall show the number of hours worked by Consultant and expenses incurred by Consultant during the performance of the services. 5. Payment. City shall pay Consultant within fifteen (15) days after receipt of each invoice. 6. Independent Contractor. Consultant is an independent contractor, not an employee, of City. The manner and means of performing services are under the exclusive control of Consultant except to the extent of limitations imposed by statute, ordinance, charter, rule or regulation. Consultant shall receive none of the benefits provided by City to its employees such as unemployment insurance, paid leave, health 1 i 0 F -3(e) insurance, etc. Consultant shall be solely responsible for the payment of any state or federal taxes, FICA contributions, or the payment of similar items. • 7. Termination. Either party shall have the right to terminate this Agreement on seven (7) days written notice to the other. Notice of termination shall be served personally on Consultant and notice shall be deemed served on the City when hand - delivered to the City Clerk. S. Prohibition Against Assignment. Consultant shall not assign or transfer any interest in this contract. "CITY" CITY OF NEWPORT BEACH, a municipal corporation and Charter City B • Its: • "CONSULTANT" obert L. Wynn kr \uynn.a9t 2 112884 SEPARATION PAY AGREEMENT CITY ATTORNEY T is Agreement is entered into this day of /� /�yy�fil�, 1984, by and between the City of Newport Beach, a Chartered Municipal Corporation, hereinafter referred to as "City" and Robert H. Burnham, an individual employed as City Attorney for City, hereinafter referred to as "City Attorney" and is made with reference to the following facts. Recitals A. The City Attorney serves at the pleasure of the City Council of City and unlike other permanent City employees, may be terminated by the City Council at any time without cause. B. City believes that it would be fair and equitable to establish a procedure for paying the City Attorney separation compensation in the event of such termination under the terms and conditions as herein set forth. C. City also wishes to establish by this agreement the maximum amount of vacation time the City Attorney can accrue. NOW, THEREFORE, the parties agree as follows: 1. Upon involuntary termination of the City Attorney for any cause except death, City shall pay City Attorney as separation pay an amount of money based on the following schedule: a. For zero (0) to five (5) years of continuous municipal service, the City Attorney shall be entitled to one (1) month separation pay; b. For five (5) to ten (10) years of continuous 0 • municipal service, the City Attorney shall be entitled to two (2) months separation pay; C. For ten (10) to fifteen (15) years of continuous municipal service, the City Attorney shall be entitled to three (3) months separation pay; d. For fifteen (15) and more years of continuous municipal service, the City Attorney shall be entitled to four (4) months separation pay; e. In no event shall entitlement to separation pay exceed four (4) months. 2. The separation pay benefit established by this agreement shall commence as of the date execution of this agreement. The number of years of continuous municipal employment service for purposes of calculating separation pay as provided in Paragraph 1 of this agreement shall be based on the date the City Attorney was appointed to that position by the City Council of City. The rate of separation pay shall be based on the annual salary of City Attorney on the date of involuntary termination and shall be paid in monthly increments from the date of such involuntary termination until the total amount is paid. 3. From and after the date of this agreement, City Attorney shall accrue vacation time based on the schedule set forth in Section 702.3 of the City's Personnel Resolution, incorporated herein by this reference. 4. From and after the date of execution of this agreement, City Attorney shall not accrue vacation time in excess of three hundred twenty (320) hours. All accrued vacation time in excess of three hundred twenty (320) hours shall be taken prior to December 31st of each year or said vacation days shall be lost and City Attorney shall not be entitled to any compensation for those lost vacation days. City Attorney or his estate shall be entitled to receive payment for any unused vacation time up to three hundred twenty (320) hours upon death or termination of employment -2- with City. Payment for said vacation time shall be based on the City Attorney's salary hourly rate at the time of termination or death. 5. All other conditions of employment pertaining to the position of City Attorney as set forth in the City's charter, municipal code, resolutions and policies not otherwise modified by this agreement shall continue to control the terms of employment for the City Attorney. Executed the day and year first above written. CITY OF NEWPORT BEACH a o .... ATTESTED TO: City Clerk OBERT H. BURNHAM, City Attorney -3- 2 112884 7 This ,greement is made and entered into this /_� day of 1984, by and between the City of Newport Beach, a Chartered Municipal Corporation, hereinafter referred to as "City" and Robert L. Wynn, an individual employed as City Manager of City, hereinafter referred to as "City Manager" and is made with reference to the following facts. Dori 4-.1 c A. City Manager has for the past thirteen (13) years been employed by City and under the Charter of City, serves at the pleasure of the City Council. B. City Manager has under a prior understanding with the City Council been permitted to accrue unlimited vacation time. C. The intent behind the unlimited accrual of vacation time was to provide the City Manager with a source of income while seeking new employment in the event that the City Manager was terminated by the City Council without due cause. D. City is desirous of substituting a severance pay benefit for City Manager in lieu of the policy permitting unlimited accumulation of vacation time and provide a procedure for paying City Manager for a portion of existing accrued vacation time. NOW, THEREFORE, the parties agree as follows: 1. City Manager has accumulated one thousand one hundred fifty -four (1,154) hours of vacation time during e his employment with City. 2. In order to reduce the amount of accumulated vacation time to that which is authorized by the City Council, City hereby agrees to pay City Manager a total of eight hundred thirty -four (834) hours of accumulated vacation time leaving a balance of three hundred twenty (320) hours. Said payment shall be made in increments of one hundred sixty -six and 8 /10ths (166.8) hours per year over the next five (5) years with the first payment commencing on December 15, 1984 and the last payment ending on December 15, 1988. All payments shall be based on a fixed rate of $38.33 per hour. 3. In the event City Manager dies or terminates employment with City for any reason prior to December 15, 1988, City shall pay City Manager or his estate any balance due from the eight hundred thirty -four (834) hours of accrued vacation time as provided in this agreement. 4. From and after the execution of this agreement, City Manager shall accrue vacation time in the future based on the schedule set forth in Section 702.3 of the City's Personnel Resolution incorporated herein by this reference. 5. From and after the date of execution of this agreement, City Manager shall not accrue vacation time in excess of three hundred twenty (320) hours. All accrued vacation time in excess of three hundred twenty (320) hours shall be taken prior to December 31st of each year or said vacation days shall be lost and City Manager shall not be entitled to any compensation for those lost vacation days. City Manager or his estate shall be entitled to receive payment for any unused vacation time up to three hundred twenty (320) hours upon death or termination of employment with City. Payment for said vacation time shall be based on the City Manager's salary hourly rate at the time of termination or death. Special provisions concerning vacation accruel contained herein shall terminate on December 15, 1988. -2- 6. Upon involuntary termination of the City Manager for any cause except death, City shall pay City Manager as separation pay an amount of money based on the following schedule: a. For zero (0) to five (5) years of continuous municipal service, the City Manager shall be entitled to one (1) month separation pay; b. For five (5) to ten (10) years of continuous municipal service, the City Manager shall be entitled to two (2) months separation pay; C. For ten (10) to fifteen (15) years of continuous municipal service, the City Manager shall be entitled to three (3) months separation pay; d. For fifteen (15) and more years of continuous municipal service, the City Manager shall be entitled to four (4) months separation pay; e. In no event shall entitlement to separation pay exceed four (4) months. 7. The separation pay benefit established by this agreement shall commence as of the date of execution of this agreement. The number of years of continuous municipal employment service for purposes of calculating separation pay as provided in Paragraph 6 of this agreement shall be based on the date the City Manager was appointed to that position by the City Council of City. The rate of separation pay shall be based on the annual salary of the City Manager on the date of involuntary termination and shall be paid in monthly increments from the date of such involuntary termination until the total amount has been paid. 8. All other conditions of employment pertaining to the position of City Manager as set forth in the City's charter, municipal code, resolutions and policies not otherwise modified by this agreement shall continue to -3- L] control the terms of employment for the City Manager. Executed the day and year first above written. CITY OF NEWPORT B Mayor ATTESTED TO: By City Clerk �— ROBERT L. WYNN, C ty Manager -4- • • e _ ; JY 112884 SEPARATION PAY AGREEMENT CITY CLERK T)i-��,,s Agreement is entered into this /t� day of 1984, by and between the City of Newport Beach, a Chartered Municipal Corporation, hereinafter referred to as "City" and Wanda E. Raggio, an individual employed as City Clerk for City, hereinafter referred to as "City Clerk" and is made with reference to the following facts. ao.-;+-ai A. The City Clerk serves at the pleasure of the City Council of City and unlike other permanent City employees, may be terminated by the City Council at any time without cause. B. City believes that it would be fair and equitable to establish a procedure for paying the City Clerk separation compensation in the event of such termination under the terms and conditions as herein set forth. C. City also wishes to establish by this agreement the maximum amount of vacation time the City Clerk can accrue. NOW, THEREFORE, the parties agree as follows: 1. Upon involuntary termination of the City Clerk for any cause except death, City shall pay City Clerk as separation pay an amount based on the following schedule: a. For zero (0) to five (5) years of continuous municipal service, the City Clerk shall be entitled to one (1) month separation pay; b. For five (5) to ten (10) years of continuous municipal service, the City Clerk shall be entitled to two (2) months separation pay; C. For ten (10) to fifteen (15) years of continuous municipal service, the City Clerk shall be entitled to three (3) months separation pay; d. For fifteen (15) and more years of continuous municipal service, the City Clerk shall be entitled to four (4) months separation pay; e. In no event shall entitlement to separation pay exceed four (4) months. 2. The separation pay benefit established by this agreement shall commence as of the date execution of this agreement. The number of years of continuous municipal employment service for purposes of calculating separation pay as provided in Paragraph 1 of this agreement shall be based on the date the City Clerk was appointed to that position by the City Council of City. The rate of separation pay shall be based on the annual salary of the City Clerk on the date of involuntary termination and shall be paid in monthly increments from the date of such involuntary termination until the total amount is paid. 3. From and after the date of this agreement, City Clerk shall accrue vacation time based on the schedule set forth in Section 702.3 of the City's Personnel Resolution, incorporated herein by this reference. 4. From and after the date of execution of this agreement, City Clerk shall not accrue vacation time in excess of three hundred twenty (320) hours. All accrued vacation time in excess of three hundred twenty (320) hours shall be taken prior to December 31st of each year or said vacation days shall be lost and City Clerk shall not be entitled to any compensation for those lost vacation days. City Clerk or his estate shall be entitled to receive payment for any unused vacation time up to three hundred twenty (320) hours upon death or termination of employment with City. Payment for said vacation time shall be based -2- on the City Clerk's salary hourly rate at the time of termination or death. 5. All other conditions of employment pertaining to the position of City Clerk as set forth in the City's charter, municipal code, resolutions and policies not otherwise modified by this agreement shall continue to control the terms of employment for the City Clerk. Executed the day and year first above written. ATTESTED TO: 1�L 46e4) Assistant City Clerk CITY OF NEWPORT BEACH 1 B / /r Mayor J WANDA E. RAGGIO, City Clerk -3- I DENNIS D. ONEIL CONFIDENTIAL 16MCDONOUGH, HOLLAND & ALLENO A PROFESSIONAL CORPORATION ATTORNEYS 3200 PARK CENTER DRIVE, SUITE 710 COSTA MESA, CALIFORNIA 92626 (71a) 635 -9000 November 29, 1984 The Honorable Evelyn Hart, Councilperson City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: City Manager, City Attorney, City Clerk Separation Pay Agreements Dear Evelyn: SACRAMENTO OFFICE 555 CAPITOL MALL,SUITE 950 SACRAMENTO, CALIFORNIA 95814 (916) 444 -3900 WASHINGTON, O.C.OFFICE 1975 EYE STREET, NW SUITE 1215 WASHINGTON, D.C. 20006 (202) 935 -0610 I have made the changes to the three Severance Pay Agreements for the City Manager, City Attorney and City Clerk which you requested. Attached to the final agree- ments is a "red- lined" copy of the agreement which graphi- cally sets forth the modifications. The City Manager's agreement has been changed to establish 320 hours as the maximum amount of accumulated vacation time which will be allowed. The balance of the City Manager's existing accumulated vacation time of 834 hours will be paid to the City Manager in equal incre- ments over the next 5 years at a fixed rate of $38.33 per hour. The first payment of $5,393.44 will be due on December 15, 1984. The provisions regarding severance pay have been changed to entitle the City Manager to severance pay only in the event of an involuntary termination. The following schedule for severance entitlement was added: 0 to 5 years - -1 month; 5 to 10 years - -2 months; 10 to 15 years - -3 months; 16 or more years - -4 months. In no event shall separation pay exceed 4 months. Payment of separation pay has been established in monthly increments from the date of termination. The City Attorney and City Clerk agreements incor- porate the same provisions (entitlement based on involun- tary termination and length of continuous municipal service) as provided in the City Manager's agreement. • 0 The Honorable Evelyn Hart, Councilperson November 29, 1984 Page 2 Please review the agreements and advise me if you require any further additions or deletions. It would also be appropriate to review the contract with the City Manager before taking the agreements to the full City Council for their approval. I will be glad to review the terms of the agreement with the City Manager if that is your desire. Please let me know. DDO:dlg Enc. Very tru yours, Dennis D. O'Neil