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HomeMy WebLinkAboutReso - CC - 080-2012RESOLUTION NO. un_012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPOINTING LISA K. GOLDMAN, CITY MANAGER AND APPROVING AND AUTHORIZING THE MAYOR AND COUNCILTO EXECUTE AN EMPLOYMENT AGREEMENT WITH LISA K. GOLDMAN (Effective January 1, 2013) WHEREAS, at a regular meeting on January 3, 2012, the City Council of the City of Burlingame appointed Jim Nantell as Interim City Manager of the City of Burlingame, and WHEREAS, the City Council appointed Councilmembers Brownrigg and Baylock as an ad hoc subcommittee of the Council, to meet with Human Resources Director Deirdre Dolan to begin the process of recruiting a new City Manager, and WHEREAS, the subcommittee directed Human resources Director Dolan to retain the services of a professional recruitment firm, Peckham -McKinney to initiate a search for a new City Manager, and WHEREAS, as a result of the recruitment efforts numerous applications were received and screened and subsequently the full City Council interviewed eight candidates, and WHEREAS, on October 30, 2012, after it had interviewed the top three finalists, the City Council reviewed, discussed and considered the candidates and then unanimously selected Ms. Lisa K. Goldman to be the next City Manager of the City of Burlingame; and WHEREAS, the City Council considered during the regular City Council meeting of November 19, 2012, the appointment of Lisa Goldman as City Manager and at that time publicly discussed and considered the draft Employment Agreement and the appropriate salary to be included therein, and WHEREAS, the City Council desires to appoint Lisa Goldman as the City Manager for the City of Burlingame and to enter into the employment agreement with Lisa Goldman; and WHEREAS, Lisa Goldman is qualified and willing to perform the duties and services of the position of City Manager of the City of Burlingame: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1. The City Council hereby appoints Lisa Goldman to serve as the City Manager for the City of Burlingame, effective January 1, 2013. 2. The City Council hereby approves the Employment Agreement between the City and Lisa Goldman. Page 1 of 2 3. The City Council hereby authorizes the Mayor and the Council to execute the finalized Employment Agreement between the City of Burlingame and Lisa Goldman, a copy of which is attached hereto and incorporated herein. Ann KeighranC�7ayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Burlingame held on the 19th day of November, 2012, by the following vote, to wit: AYES: Councilmembers: BAYLOCK,BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE /Y", � � 7 � City Clerk Acting Page 2 of 2 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 Slate of California, herein called the "City", and Lisa K. Goldman ("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: 1. 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 Cityno 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. Nonassi lability. 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 'tri any way. 5. Monthly Compensation Upon beginning employment with the City, City shall pay Ms. Goldman a salary of SI 7,833.33 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. 7. Employment Benefits. Except as expressly amended by this Agreement, City shall provide Ms. Goldman with the same benefits, including retirement, holidays, medical, dental, long -tern 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 Participation. 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/Unreinibursed 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 profcssional 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. Perforniance 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 tenninate 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: i. 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 Citv 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 Burlingtuue 501 Primrose Road Burlingame, CA 94010 To Ms Goldman: Ms. Lisa Goldmmn 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 ander 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 i.aw. This Agreement, regardless of where executed, shall he 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 Comity of San Mateo or Santa Clara, 23. Non-LiabiliLy of Officials and Lmplotiees. No official or employee of the City shall be personally liable for any default or liability under this Am-eetnent except Ms. Goldman. 24. No Rights in Third Parties. Nothing contained in this Agreement is intended to nor shal l it be construed to create any right ofaetion or 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 Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Ms. Goldman. No terns, 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 panty. 1N WITNESS WHEREOF, the City and Ms. Goldman have executed this Agreement as of the date indicated on page one (1). CPfY OF BURLINGANIE LISA K GOLDMAN Terry Nagel, C uncil Member /"\ ATTEST: 4; • . ��� +Maij,Bllea-Krem7 ep, City Clerk kdivtq J � Forms _,Vim/" -- l AMSdninan, City Attorney Jerry al, Coon 1 Member