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
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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
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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
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Attachment
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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
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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
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• Its:
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"CONSULTANT"
obert L. Wynn
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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
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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
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ATTESTED TO:
City Clerk
OBERT H. BURNHAM,
City Attorney
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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
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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.
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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
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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
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• • 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
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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