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HomeMy WebLinkAboutReso - CC - 001-2014RESOLUTION NO. 1-2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME Authorizing Amendment of the City -Manager's Employment Agreement to Provide a Salary Increase of 2.25% WHEREAS, City Manager Lisa K. Goldman began her service with the City on December 27, 2012; and WHEREAS, the City Council conducted a performance evaluation for Ms. Goldman upon completion of her first year with the City, which was positive; and WHEREAS, the City Council determined, following such evaluation, that a salary increase of 2.25% was warranted in recognition of Ms. Goldman's successful performance, effective at the beginning of the pay period following her one-year anniversary with the City; and WHEREAS, all other terms and conditions of Ms. Goldman's employment are to remain as provided in her original employment agreement; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame does hereby authorize the Mayor to execute the attached First Amendment to Ms. Goldman's City Manager Employment Agreement, to increase Ms. Goldman's gross salary by 2.25%, effective with the beginning of the first pay period following December 27, 2013, and leaving all other terms and conditions of employment as provided in the City Manager Employment Agreement. I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of January, 2014, and was adopted thereafter by the following vote: AYES: Councllmembers:HROWNRIGG, DEAL, KEIGHRAN, NAGEL, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers NONE 66n, � v` Mary Ellen Kearney, City Clerk FIRSTAMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LISA K. GOLDMAN FOR EMPLOYMENT AS CITY MANAGER OF THE CITY OF BURLINGAME This amendment is entered into this �`t3. day of !!014, by and between the City of Burlingame, a Municipal Corporation existin under the laws f the State of California, herein called the "City," and Lisa K. Goldman ("Ms. Goldman"), as follows: RECITALS: A. Ms. Goldman is currently serving as City Manager for the City of Burlingame pursuant to that contract denominated "Agreement Between the City of Burlingame and Lisa K. Goldman for Employment as City Manager of the City of Burlingame" ("Employment Agreement"), entered into on November 19, 2012. B. Ms. Goldman has successfully completed her first year with the City. Subsequent to a performance evaluation, the City Council determined that her salary should be increased by 2.25%, effective with the first pay period beginning after her anniversary date with the City of December 27, 2013. C. Both parties are amenable to this change and desire that all other terms and conditions of the existing Employment Agreement remain in full force and effect. AMENDMENT TO EMPLOYMENT AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Paragraph 5, Monthly Compensation, of the Employment Agreement shall be amended to provide that the City shall pay Ms. Goldman a salary of $18,234.58 per month, effective with the first pay period beginning after December 27, 2013. 2. All other terms and conditions of the Employment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Ms. Goldman have executed this Amendment as of the date indicated above. "Brownrigg, tkl/ Mir lethiael /�. EST: �n 4,c,� Mary Ellen Kearney, City Clerk jAPPR D AS TO FORM: leen Kane, City Attorney AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LISA K. GOLDMAN FOR EMPLOYMENT AS CITY MANAGER OF THE CITY OF BURLINGAME THIS AGREEMENT is entered into this 19th day of November 2012, by and between the City of Burlingame, a Municipal Corporation existing under the laws of the State of California, herein called the "City", and Lisa K. Goldman C'Ms. Goldman"). RECITALS A. The City is seeking a new City Manager and desires to employ Ms. Goldman in that position pursuant to the terms and conditions of this Agreement and consistent with Chapter 3.04 of the Burlingame Municipal Code. B. Ms. Goldman has the education and experience for the position of City Manager and is willing and able to assume the duties and responsibilities of that position pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Employment and Duties. Ms. Goldman shall serve as City Manager of the City and as an employee of the City for all purposes as provided in Burlingame Municipal Code, Chapter 3.04, the California Government Code, and other applicable ordinances, resolutions, and laws. Ms. Goldman shall also serve as Executive Director of the Burlingame Financing Authority. Ms. Goldman shall perform such further duties as the City may direct. 2. Time of Performance. Ms. Goldman shall begin employment with the City no later than January 1, 2013. 3. Devotion to Duties. During such time as Ms. Goldman is employed pursuant to this Agreement, Ms. Goldman shall not accept or undertake any employment which would interfere with, conflict with, or be inconsistent with her duties and obligations under this Agreement or which would interfere with, conflict with or be inconsistent with her duties under any State, Federal or City laws or regulations. 4. Nonassienability. The services to be performed under this Agreement are unique and personal to Ms. Goldman, and she is being employed solely because of her personal qualifications, qualities, and character. No portion of these services shall be assigned or subcontracted in any way. 5. Monthly Compensation. Upon beginning employment with the City, City shall pay Ms. Goldman a salary of $17,833.33 per month. This compensation shall be paid on the same payment schedule as City Department Heads, which is currently biweekly. 6. Deferred Compensation Contribution. City shall contribute the same amount per year to Ms. Goldman's 457 deferred compensation account as for the City Department Heads. Em l�oyment Benefits. Except as expressly amended by this Agreement, City shall provide Ms. Goldman with the same benefits, including retirement, holidays, medical, dental, long-term disability, vision, life insurance, professional development, unreimbursed health, and administrative leave benefits, as provided to the City Department. Heads. 8. Vacation Accrual. Upon employment pursuant to this Agreement, Ms. Goldman shall accrue fifteen (15) vacation days per year. Except as provided in this paragraph, Ms. Goldman's vacation leave shall be the same rules as for the City Department Heads. 9. Service Club Partici action. City shall reimburse Ms. Goldman for her membership and necessary participation in one service club in Burlingame of Ms. Goldman's choosing. 10. Professional Memberships and Training. In addition to the benefits provided by the Professional Development/Unreimbursed Health Account benefit should such benefits be reinstated, City shall pay for Ms. Goldman's membership in the International City Managers Association. It is the intention of the parties that Ms. Goldman's department budget shall include Ms. Goldman's attendance at professional associations, city associations, and professional training, and that Ms. Goldman's expenses in connection with those associations and training shall be paid for or reimbursed pursuant to that budget and City policies governing travel and reimbursement. 11. Performance Review. At least once per year, the City Council shall meet with Ms. Goldman and review her performance. During this performance review, the City Council and Ms. Goldman may agree on performance objectives and priorities for the coming year for Ms. Goldman. 12. Termination of Agreement by Ms. Goldman. Ms. Goldman may terminate this Agreement at any time upon giving at least sixty (60) days written notice to the City. 13. Termination of Agreement by City. a. Pursuant to the Burlingame Municipal Code, the City may terminate this Agreement at any time, with or without cause, pursuant to the provisions of the Burlingame Municipal Code. b. Except as required by State or Federal law, no further payment to Ms. Goldman shall be required pursuant to this Agreement if the City terminates this Agreement for the following reasons: L If Ms. Goldman dies. ii. If Ms. Goldman is convicted of a felony or misdemeanor involving moral turpitude or personal gain from public employment. iii. If the City Council determines that Ms. Goldman has violated City policy regarding sexual harassment or drug or alcohol usage, or has violated State or Federal law with regard to civil rights, and the City Council determines that termination from City employment is the appropriate sanction. iv. If the City Council determines that Ms. Goldman has stolen public monies. c. In the event that the City terminates this Agreement for a reason not stated in subparagraph (b) above and Ms. Goldman is still willing and able to perform her duties under this Agreement, City shall pay to Ms. Goldman upon termination of the Agreement an amount equal to six (6) months of then -current monthly compensation, in addition to the payment of the accrued benefits as provided to the City Department Heads upon resignation or termination. 19. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed . postage prepaid, and addressed to: To City: City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Ms Goldman: Ms. Lisa Goldman 500 Vernon Street, #402 Oakland, CA 94610 20. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 21. Binding Effect. This Agreement was negotiated and drafted by both parties. This Agreement is binding on the heirs and executors, administrators, and conservators of Ms. Goldman. 22. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of San Mateo or Santa Clara. 23. Non -Liability of Officials and Em llooyees. No official or employee of the City shall be personally liable for any default or liability under this Agreement except Ms. Goldman. 24. No Rights in Third Parties. Nothing contained in this Agreement is intended to nor shall it be construed to create any right of action of any kind in any third party. 25. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and Ms. Goldman. 26. Entire Aereement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Ms. Goldman. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Ms. Goldman have executed this Agreement as of the date indicated on page one (1). CITY OF BURLINGAME Ann Keighran, Mayo A Cathy Baylock, Council Member t Terry Nagel, Council tuber Jerry DAal, Council Member LISA K. GOLDMAN ATTEST: Mara4ri ne_y,Lity Clerk h�� O