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HomeMy WebLinkAbout19-91 • • • RESOLUTION NO. 19-91 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPOINTING LESLIE M. JONES, II AS CITY MANAGER OF THE TOWN OF LOS ALTOS HILLS RESOLVED, by the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, that: Section 1. Leslie M. Jones, II is hereby appointed as the City Manager of the Town of Los Altos Hills, commencing as of June 17, 1991, on the terms and conditions set out in Exhibit A attached hereto. Section 2 . The City Council has read and considered that Agreement of Employment, a copy of which is attached hereto as Exhibit A, and hereby directs the Mayor, on behalf of the Town of Los Altos Hills, to enter into said agreement with Leslie M. Jones, II as City Manager. Passed and adopted this 15th day of May, 1991. By: Mayor ATTEST: City lerk 05PB\MAS\14949070.W50 /14/91 410 • • AGREEMENT OF EMPLOYMENT This Agreement of Employment is made and entered into this 15thday of May, 1991, by and between the Town of Los Altos Hills ("Town") , a municipal corporation of the State of California and Leslie M. Jones II, 1882 Olamar Way, San Diego, California 92139 ("Jones") . RECITALS 1. Town desires to enter into an agreement with Jones for Jones to serve as City Manager for the Town of Los Altos Hills. 2 . Town and Jones agree that Jones has the necessary experience and skills to do the work required by the position of City Manager. NOW, THEREFORE, in consideration of their mutual covenants, Town and Jones do hereby agree as follows: Section 1. Status as Employee. Jones shall be employed as City Manager to perform the duties and responsibilities and exercise the authority of the City Manager, as set forth in Chapter 3 of Title 2 of the Los Altos Hills Municipal Code, and to perform other duties as may be assigned by the City Council, in accordance with the terms and conditions set out herein. Section 2. Term. The employment of Jones as City Manager shall commence on the 17th day of June, 1991, and shall run until Jones's employment is terminated by Town or Jones, as set forth below. Section 3. Termination. Either party, upon two (2) weeks written notice to the other party, shall have the right, with or without cause, to terminate this Agreement. Upon the termination of this Agreement, all rights of the parties shall terminate, except as provided for in Section 11, below, if Town terminates this Agreement, and except for compensation due for services rendered prior to termination. Section 4 . Base Salary. As full and complete compensation for his employment, Town shall payer Jones Six Thousand and no/100ths Dollars ($6, 000. 00) per calendar month. This amount shall be adjusted whenever a cost. of living salary adjustment is granted to Town's employees, except that the cost of living salary adjustment which is to become effective on or about July 1, 1991, shall not be used to adjust this monthly compensation. The compensation for the first and last months during which Jones is employed as City Manager shall be prorated to correspond to the length of time during the month that Jones is employed by Town. • • Section 5. Benefits. Benefits allowed to Jones in the course of his employment shall be as follows: 5. 1 Health and Dental insurance coverage for the City Manager and dependents shall be paid by Town in the same manner as available for other Town employees. 5.2 Term Life Insurance to a value of two times annual base salary shall be paid by Town. 5.3 Disability Insurance shall be paid by Town in the same manner as available for other Town employees. 5.4 California Public Employee Retirement System ("PERS") contribution, both employee and Town share, shall be paid by the Town. 5.5 A Town-owned automobile shall be assigned to Jones for his official and incidental personal use. Said automobile cannot be driven on personal business beyond a radius of fifty miles of Town Hall. Town will provide fuel, repair and insurance for this automobile. 5. 6 Four Hundred and Fifty and no/100ths Dollars ($450.00) per month shall be paid to the International City Management Association as deferred compensation for Jones. These contributions willvest on June 30, 1994, provided Jones is employed as City Manager on that date. Section 6. Leave. Jones shall receive the same vacation and sick leave as do other employees of the Town except that twelve (12) days of vacation and twelve (12) days of sick leave shall be posted at the beginning of employment rather than earned at the rate of one day per calendar month during the first year of employment. In addition, Jones may take up to five days administrative leave with pay to accommodate his relocation from Coronado to Los Altos Hills. Section 7. Professional Growth. Jones may attend, at Town expense, two professional conferences per year in California during the course of his employment. Town shall pay for Jones's membership in the International City Management Association (ICMA) . Section 8. Nonrecurring Costs. Town will pay the following amounts to defray costs arising from Jones's acceptance of this employment: 8.1 Fifteen Hundred and no/100ths Dollars ($1,500.00) per month beginning June 17, 1991, to be used for relocation expenses incurred by Jones, not to exceed three months or until Jones closes escrow on permanent housing, whichever event occurs - 2 - • • . sS first. This monthly amount shall be paid, if necessary, on June 17, 1991, July 17, 1991 and August 17, 1991. 8.2 Five Thousand and no/100ths Dollars ($5, 000.00) to be used for moving and other relocation expenses, to be paid on June 30, 1991. 8. 3 Reimbursement, upon receipt of invoices, for travel, one night's lodging and up to two (2) meals related to Jones' attendance at a budget workshop at Town Hall on June 4, 1991 at 7: 15 p.m. Except for these sums, Town shall not be liable to Jones for any moving expenses of any nature whatsoever incurred by Jones on account of his change in residence arising from his acceptance of the position of City Manager. Section 9. Performance Evaluation. Evaluations of Jones's performance shall be conducted by the City Council semi- annually. Nothing in this provision is to be construed to require Town to grant Jones any increase in compensation based on said performance evaluations, nor to limit the ability of Town to grant such increases. Section 10. Residency. Town does not require Jones to reside in the Town of Los Altos Hills. Section 11. Severance. Following a formal decision by the City Council of Los Altos Hills to terminate this Agreement, severance pay shall be computed as follows: 11. 1 If Town terminates Jones as City Manager during the first three years of his employment, up to and including June 16, 1994, Town shall pay to Jones a lump sum equal to three times the then current base monthly salary. 11.2 If Town terminates Jones as City Manager during the fourth year of his employment, up to and including June 16, 1995, one monthly payment in addition to the lump sum provided for in paragraph 11. 1 shall be made on the 91st day following termination, provided that Jones has not secured permanent employment at the time such payment is due. 11. 3 If Town terminates Jones as City Manager during the fifth year of his employment, up to and including June 16, 1996, two monthly payments in addition to the lump sum provided for in paragraph 11. 1 shall be made,, one on the 91st day and one on the 121st day following termination, provided that Jones has not secured permanent employment as of the date the payment is due. 11.4 If Town terminates Jones as City Manager during any year subsequent to the fifth year, beginning on June 17, 1991 - 3 - • • • • three monthly payments in addition to the lump sum provided for in paragraph 11. 1 shall be made shall be made, one on the 91st day, one on the 121st day and one on the 151st day following termination, provided that Jones has not secured permanent employment as of the date the payment is due. In no event shall the payments due Jones upon termination exceed six times the base monthly salary current at the time of termination. Jones shall use good faith efforts to secure employment during the period following termination. The provisions of this section shall not be applicable if Jones is terminated as a result of his commission of an illegal act, and such termination shall be without compensation other than that due for services rendered prior to termination. The provisions of this section are not applicable if this Agreement is terminated by Jones. Section 12 . Conflicts of Interest. Jones warrants that he presently does not have and will not acquire any direct or indirect financial interest which would conflict with his performance of this Agreement. Section 13. Documents. All documents provided to Jones by Town and all reports and supporting data prepared by Jones for Town under this Agreement are the sole property of. Town and shall be delivered to Town upon termination of this Agreement by either Town or Jones, or at Town's written request. All reports, information, data and exhibits prepared or assembled by Jones in connection with the performance of his services pursuant to this Agreement are confidential until released by the Town to the public, and Jones shall not make any of these unreleased documents or information available to any individual or organization not employed by Town without the prior written consent of Town. Section. 14 . Arbitration. Any controversy between Town and Jones involving the construction or application of any of the terms of this Agreement or the performance thereof shall be submitted to arbitration on the written request of either party. Arbitration shall comply with and be governed by the guidelines of the American Arbitration Association. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrators decide. Section 15. Attorneys' Fees and Costs. If any action at law or in equity arises out of the terms or performance of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. Section 16. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between - 4 - • 4101, the parties hereto with respect to the employment of Jones by Town. Each party to this Agreement acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding on either party. Any modification of this Agreement will be effective only if it is in writing and signed by both Town and Jones. Section 17. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition,, and no waiver or relinquishment of any right or power on any given occasion shall be deemed a waiver or relinquishment of that right or power on any subsequent occasions. Section 18. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, the remaining provisions shall continueinfull force without being impaired or invalidated in any way. Section 19. Law Covering Agreement. This agreement shall be governed by the law of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day andyear first above written. TOWN OF LOS ALTOS H S Attest: • BY: .., !� May -- City Clerk LESLI : M. JINES II PB\PMG\14949072.002 05/14/91 - . 5 -