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Home My WebLink AboutRES-92-5524 (CITY MANAGER/FERRIN)14 . 1 RESOLUTION NO. 92- 5524 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF HERMOSA BEACH APPOINTING A CITY MANAGER AND APPROVING AN AGREEMENT WITH FREDERICK R. FERRIN 4 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY 5 RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 6 1. Frederick R. Ferrin is appointed City Manager, effective April 20, 1992, with compensation and benefits as specified in 7 the agreement attached hereto as Exhibit "A" and by this reference made a part hereof. 8 2. The Mayor and City Attorney are hereby authorized and 9 directed to execute the agreement attached as Exhibit "A" on behalf of the City. 10 3. The City Clerk shall certify to the adoption of this 11 Resolution. 12 PASSED AND APPROVED on this 25th day of February, 1992. 13 14 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Calif. 15 ATTEST: 16 17 _ -City -Clerk 18'Approved as to Form: 19 oz-� f 20 City Attorney 21 I, Elaine Doerfling, City Clerk, City of Hermosa Beach, 22 California, certify that this resolution was adopted by the City Council at a regular meeting of the City Council held February 23 25, 1992, and was adopted by the following vote: 24 AYES: Benz. -Edgerton, Wiemans NOES: Essertier, Mayor Midstpkke 25 ABSENT: None ABSTAINED: None 26 City Clerk 27 28 - 1 - ,v' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) d.r✓ I, Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 91-5524 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular meeting of said Council at the regular meeting place thereof on February 25, 1992. The vote was as follows: AYES: -Benz, Edgerton, Wiemans NOES: Essertier, Mayor Midstokke ABSTAIN: None ABSENT: None DATED: February 26, 1992 `ter' 0 anwu Deputy City Clerk CITY MANAGER AGREEMENT M THIS AGREEMENT FOR EMPLOYMENT ("Agreement") is made and entered into this 25th day of February, 1992 between the CITY OF HERMOSA BEACH ("CITY") and Frederick R. Ferrin, hereinafter \%WP/ called MANAGER, pursuant to these terms and conditions: A. The CITY wishes to employ the services of MANAGER as the City Manager of the CITY OF HERMOSA BEACH; and B. CITY and MANAGER desire to provide for certain procedures, benefits and requirements regarding the employment of MANAGER by the CITY; and C. MANAGER is willing to work as City Manager of said CITY under the terms and conditions recited herein. NOW, THEREFORE, CITY and MANAGER agree to the following: Section One. Duties. CITY agrees to retain MANAGER as the City Manager of Hermosa Beach, California, to perform all duties as specified by law and ordinance, and to perform such other proper duties as assigned by the City Council. Section Two. Compensation. a) The salary compensation of MANAGER as City Manager shall be Eighty -Seven Thousand Six Hundred Dollars ($87,600) per annum. Compensation thereof shall be made in equal payments twice a month, consistent with employee payroll periods of CITY. Said salary compensation of MANAGER shall be reviewed on or before the first anniversary of MANAGER's employment with CITY. fir' b) CITY shall pay both the employer and employee Public Employees Retirement System ("PERS") deductions for benefit of MANAGER and shall pay retirement benefits pursuant to the 112% at `..� 60" PERS plan. - 1 - C) MANAGER shall be entitled to three (3) weeks (120 hours) paid vacation accruing annually from the date of the start of employment with the CITY. MANAGER shall also be entitled to two (2) weeks (80 hours) paid administrative leave per annum and six hours sick time per month employed with the CITY. Accruals of vacation, sick, and adminstrative leave shall be governed in the same manner as for other non -sworn management employees of the CITY. d) CITY shall provide an automobile allowance to MANAGER in the amount of $350 per month. MANAGER shall be responsible for paying or providing liablity, property damage, and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of MANAGER's automobile. e) CITY agrees not to, at any time during the term of this agreement, reduce the salary or other financial/fringe benefits of the MANAGER. f) The fringe benefits set forth herein are minimum �...' benefits and to the extent greater benefits are extended to other non -sworn management employees of the CITY, MANAGER shall be entitled to such benefits. All provisions of the Municipal Code, any Memorandum of Understanding, and Personnel Rules relating to fringe benefits as they now exist or hereinafter may be amended shall apply to MANAGER in like manner as they apply to other non -sworn management employees of the CITY. g) CITY shall reimburse MANAGER for all moving expenses not paid by MANAGER's current employer, up to a maximum amount of Three Thousand Dollars ($3,000). CITY acknowledges that to use the two weeks administrative leave set forth in paragraph (c) above for moving at a mutually agreeable time during the months of June or July. CITY shall reimburse MANAGER for temporary lodging costs up to a maximum amount of One Thousand Dollars ($1,000) per month for a maixmum period of six (6) months. - 2 - Section Three. Term and Severance Pay. The term of this Agreement shall commence on April 20, 1992 and shall expire on April 20, 1994, (the "Term"). If the MANAGER is terminated from the employment of the CITY during said Term for any reason except as expressly provided herein by this �..✓ Agreement, MANAGER shall be entitled to severance pay in the amount equal to six (6) months salary (benefits other than the compensation set forth in Section Two, Paragraph a, shall not be included). MANAGER shall not be entitled to severance pay in the event that MANAGER is terminated as a result of a conviction of a felony or for a crime involving moral turpitude. For purpose of resolving any dispute regarding whether the severance payment has been properly denied, the CITY shall have the burden of establishing by a preponderance of evidence that MANAGER was convicted of a felony or a crime involving moral turpitude. Notwithstanding any provision in this Agreement to the contrary, MANAGER expressly acknowledges and agrees that MANAGER is an "at will" employee and that the City Council of the CITY �,✓ may exercise its uncontrolled discretion to remove the MANAGER. MANAGER shall be given thirty (30) days written notice of the Council's intent to terminate. Section Four. Business Expenses. a) CITY shall reimburse MANAGER for all actual and necessary expenses incurred by MANAGER in the performance of his official duties, as approved by CITY'S City Council. b) CITY recognizes the desirability of representation in and before local civic and other organizations. MANAGER is authorized to become a member of such organizations for which CITY shall pay all membership fees and reasonably related expenses. C) CITY shall bear the full cost of any fidelity or other bonds required of the MANAGER under any statute or ordinance. - 3 - Section Five. Notices. Notices pursuant to this Agreement shall be given by deposit \%WO' in the custody of the United States Postal Service, postage prepaid, addressed as follows: a. CITY Mayor Is"Wo/ City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 U b. MANAGER Frederick R. Ferrin 256 Las Lomas Drive Novato, California 94949 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Employment to be executed, in duplicate, on the day and year first above written. ATTE T: 'Z2ta.7 fy Clerk Approved as to Form: Ll �'.' a - Z� , /' i y t orney - 4 - CITY OF HERMOSA BEACH TgW&2M4-?� KATHLEEN MIDSTOICKE MAYOR Frederick R. Ferrin MANAGER