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HomeMy WebLinkAboutResolution 021-85 RESOLUTION NO. 21 - 85 RESOLUTION APPROVING AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY OF ATASCADERO RESOLVED, by the City Council of the Cityof Atascadero that the following Agreement is hereby approved and the Mayor is authorized to execute the same on behalf of the City of Atascadero : Agreement employing MICHAEL B . SHELTON * * * * * * * * * * * I hereby certify that the foreoing Resolution was duly and regularly passed and adopted by the City Council of the City of Atascadero at a regular meeting held on March 18, 1985 , by the following vote : AYES , COUNCILMEN: Molina, Handshy, Norris, Mackey and Mayor Nelson NOES , COUNCILMEN: None ABSTAIN, COUNCILMEN:NOne ABSENT, COUNCILMEN: None CL,4K of t1je Atasc ero APPROVE : MAYOR of he City of Atascadero �rrr` Resolution # 61 - 6D AGREEMENT Agreement made this 18th day of March , 1985 , between the City of Atascadero , a Municipal corporation , hereinafter referred to as Employer , and Michael B. Shelton , hereinafter referred to as Employee. TERM OF EMPLOYMENT 1 . The Employer hereby employs the Employee and the Employee hereby accepts employment with Employer beginning on the 8th day of April , 1985 , until terminated as herein provided. DUTIES OF EMPLOYEE 2 . The Employee shall serve as the City Manager of the City of Atascadero. He shall do and perform all services , acts or things necessary or advisable to fulfill the duties of the City Manager as set forth in the Atascadero City Code and the laws of the State of California and such other duties and tasks as may be assigned to him by the City Council of Employer. He shall at all times be subject to the direction of and to the policies established by the City Council of the City of Atascadero. 3 . The Employee agrees that to the best of his ability and experience he will at all times loyally and conscientiously perform all of the duties and obligations required of him either expressly or implicitly by the terms of this agreement . COMPENSATION OF EMPLOYEE 4 . As compensation for his services hereunder , the Employee shall receive a monthly salary of $4 , 160 .20, Payable in accordance with pay practices of the City , prorated for any partial employment period. Employee will receive compensation increase equal to that awarded to Management employees on July 1 , 1985 . After July 1 , 1985 , Employee ' s compensation will be renewed annually thereafter. VACATION PAY 5 . The Employee shall be entitled to an annual vacation leave of 1%W 15 working days and five (5) days of Management Leave at full pay . Employer agrees to award to Employee 15 days of Vacation Accrual upon commencement of service on April 8 , 1985 . PROFESSIONAL DEVELOPMENT 6. Employer agrees that attendance at annual International City Managers and League of California City City Managers Conferences serve the mutual benefit of Employee and Employer. Employee may attend these and such other conferences and seminars at City expense as may be authorized by the City Council . HOLIDAYS 7 . The Employee shall be entitled to a holiday of those days indicated to be holidays in the Personnel Rules and Regulations adopted by Employer. MEDICAL AND DENTAL BENEFITS 1%W 8 . The Employer agrees to include the Employee and his wife and children under the Employer ' s Group Medical and Dental coverage policy in the amount allowed by City Council policy. SICK LEAVE 9. The Employee shall be entitled to Sick Leave accumulation and usage in accordance with Personnel rules and regulations adopted by Employer. AUTOMOBILE 10. During the term of his employment , Employee shall receive from Employer an automobile allowance of $181 . 50 per month. Employee shall furnish an automobile suitable to perform his duties as City Manager. Employee shall pay all operating expenses of any nature whatsoever with regard to such automobile and to procure and maintain an automobile liability policy. -2- R GROUP LIFE INSURANCE 11 . The Employer agrees to include the Employee under the Employer ' s` group term life insurance policy in the amount allowed by City Council policy. PUBLIC EMPLOYEES ' RETIREMENT SYSTEM 12 . Employer agrees that Employee shall be a member of the Public Employees Retirement System of the State of California. Employer shall pay , on Employee ' s behalf , the full amount of Employee ' s required contribution to the Public Employees ' Retirement System. MOVING EXPENSES 13 . Employer shall reimburse Employee for all reasonable expenses incurred for moving the household goods and personal effects of the Employee , his wife and his minor children from his present residence to his new place of residence in the City of Atascadero , not to exceed the lowest of three bids obtained on the cost of moving . TEMPORARY LIVING EXPENSE 14 . Employer agrees to pay Employee the sum of Two Thousand ( $2 , 000 Dollars as and for temporary living expenses incurred in transferring and resettling himself and his family in the City of Atascadero. Said sum shall be payable to Employee on April 8 , 1985 . In lieu of a $2 , 000 payment , employee agrees to consider , at option of City , reasonable private accommodations at City expense for Employee for temporary living purposes . TERMINATION OF AGREEMENT 15 . This agreement shall terminate immediately on the occurance of any one of the following events : (a) The death of the Employee ; (b) The wilful breach of duty by the Employee in the course of his employment , unless waived by the Enployer; (c) The loss by the Employee of legal capacity; -3- (d) The habitual neglect by the Employee of his employment duties , unless waived by the Employer ; (e) The continued incapacity on the part of the Employee to perform his duties , unless waived by the Employer; (f) The wilful or permanent breach of the obligations of the Employer to the Employee under this agreement , unless waived by the Employee . TERMINATION OF AGREEMENT BY EITHER PARTY 16. This Agreement may be terminated by either party giving thirty (30) days written notice of termination to the other party. Such termination shall not prejudice any other remedy to which the terminating party may be entitled either at law , in equity , or under this agreement. SEVERANCE PAY 17 . In the event Employee is terminated by the City Council while Employee is willing and able to perform the duties of City Manager , in such event , the City agrees to compensate Employee payment equal to 90 days salary . CONTAINMENT OF ENTIRE AGREEMENT HEREIN 18. This Agreement supersedes any and all other Agreements , either oral or in writing, between the parties hereto with respect to the employment of the Employee by the Employer and contains all of the covenants and agreements between the parties with respect to such employment in any manner whatsoever . Each party to this Agreement acknowledges that no representations , inducements , promises or agreements orally or otherwise , have been made by 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 . Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. -4- LAW GOVERNING AGREEMENT 19 . This agreement shall be governed by and construed in accordance with the laws of the State of California. Executed at Atascadero California on the day and year first above written. EMPLOYER: CITY OF ASCADERO , a Municipal Corporation By /V yor EMPLOYEE: Michael B. Shelton A CL RK of e o Atascadero -5-