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HomeMy WebLinkAbout2015-277 1 RESOLUTION NO. 2015-277 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT 4 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO 5 COMMENCE ON FEBRUARY 8, 2016. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor is hereby authorized to execute on behalf of the City the 9 10 Employment Agreement for City Manager between the City of San Bernardino and Mark Scott, 11 attached hereto as Exhibit"A" and incorporated herein. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT 2 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO 3 COMMENCE ON FEBRUARY 8, 2016. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 21"day of December, 2015, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X to BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 14 NICKEL X 15 JOHNSON X 16 MULVIHILL X 17 18 Georgeann Hanna, MC, City Clerk 19 2o The foregoing Resolution is hereby approved this day of December, 2015. 21 i 22 23 R. Carey Da v' , Mayor City of San ernardino 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 By: J 27 28 2 2015-277 1 EMPLOYMENT AGREEMENT 2 THIS AGREEMENT is made and entered into this 21 , day of December,2015,by and 3 between the CITY OF SAN BERNARDINO, a charter city ("City"), and MARK SCOTT, an 4 individual ("Scott"). 5 WITNESSETH 6 WHEREAS, City has the need for the services of a City Manager, and 7 WHEREAS, Scott is competent,trained and qualified for the position of City Manager, 8 and 9 WHEREAS, the parties desire to enter into this Agreement to outline the duties and 10 responsibilities of the parties. 11 NOW, THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: 12 1. APPOINTMENT. Scott is hereby appointed to, and does hereby accept such 13 appointment of the office of City Manager of the City of San Bernardino to commence on 14 February 8, 2016. 15 2. TERM. The term of this Agreement shall commence on February 8, 2016 and 16 continue for one year, unless amended or terminated under the terms of this Agreement. 17 3. TERMINATION. Under the terms of this appointment, Scott serves as an "at 18 will" employee and may be terminated at any time, with or without cause pursuant to the 19 provisions of the San Bernardino City Charter and this Agreement. Nothing in this Agreement, 20 the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any 21 vested right in such appointment or in employment with the City. 22 a. The City may terminate this Agreement without cause, or Scott 23 may voluntarily resign his position, by providing the other party written notice of termination or 24 resignation at least thirty (30) days prior to the effective date of such termination or resignation, zs unless the parties mutually agree to waive or alter the time required for such notice. 26 27 1 28 2015-277 1 b. If during the term of this Agreement, Scott is terminated for 2 cause, Scott shall have the right to a hearing before the Mayor in accordance with Section 52 of the 3 San Bernardino City Charter,which authorizes the Mayor to discharge the City Manager for cause, 4 subject to the laws of the State of California. s c. Scott shall have no right to any severance payment, and shall only be entitled 6 to compensation for any accrued and unused leave or vacation per Resolution 2007-345 as 7 amended, or its successor, upon the occurrence of any of the following events: (i) upon written s notice of termination or resignation as provided above in section (3)(a); (ii) upon the death of 9 Scott; or (iii) upon Scott's termination for cause. 10 d. For purposes of this section, "cause"is defined as: (i) a willful breach of this 11 Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager's duties, or(iii) 12 any acts of dishonesty, fraud,misrepresentation, or other acts of moral turpitude. For purposes of 13 this section, "loyalty" is defined as the duty of the City Manager to avoid fraud, bad faith, 14 usurpation of city government opportunities and self-dealing. 15 4. SALARY. Scott shall be compensated at the annual Salary set at Range 16 4731 ,Step 21, equal to Two Hundred and Forty-eight thousand and seventy-six dollars 17 ($248,076.00). This salary shall be paid bi-monthly at the same time as other City employees. is In accordance with applicable City policies and procedures, Scott shall be reimbursed for 19 reasonable expenses incurred on behalf of the City in the performance of his duties and 20 responsibilities as City Manager. 21 5. FRINGE BENEFITS. Scott shall be entitled to the benefit package 22 established for the Management/Confidential Group, including but not limited to, health, dental, 23 vision, leave, retirement, long-term disability coverage, life insurance, and other benefits as 24 provided in Resolution 2007-345 as amended or its successor. Scott shall receive Administrative 25 Leave consistent with Resolution No. 2007-345 as amended or its successor. For purposes of 26 "vacation leave" and "administrative leave," Scott shall be provided an annual bank of one 27 2 28 2015-277 1 hundred sixty(160) hours of combined vacation and administrative leave (four weeks). Any 2 other benefits not specifically addressed in this Agreement shall be consistent with the 3 Management Confidential Group. 4 6. HOUSING ASSISTANCE. Scott will be entitled to rental reimbursement of up 5 to $1500.00 per month for a rental in the City limits. Any taxes, security deposits or utilities not 6 included in the rent shall be the sole responsibility of Scott. 7 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement 8 between the parties. Any correspondence, letters, documents or discussions leading up to this 9 Agreement or in any other way made between the parties or their agents are replaced and 10 superseded by this Agreement. 11 9. NONSEVERABILITY. The provisions of this Agreement are not severable 12 one from the other. Should any of the provisions of this Agreement be determined invalid or 13 unenforceable for any reason by the final judgment of a court of competent jurisdiction,then this 14 Agreement in its entirety shall thereupon become null and void. 15 11. AMENDMENT. This Agreement may only be amended by a written 16 agreement executed by the parties, and may not be amended by oral agreement. 17 18 19 20 21 22 23 24 25 26 27 3 28 2015-277 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 2 day and date first above shown. ATTEST: CITY OF SAN BERNARDINO 3 4 By: By: 5 Georgeann Hanna, City Clerk R. Carey vis, Mayor 6 7 8 MARK SCOTT 9 10 11 Approved as to Form: Gary D. Saenz, City Attorney 12 13 By: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 28 2015-277 1 EMPLOYMENT AGREEMENT z THIS AGREEMENT is made and entered into this 21,�,t day of December,2015,by an 3 between the CITY OF SAN BERNARDINO, a charter city ("City"), and MARK SCOTT, an 4 individual ("Scott"). 5 WITNESSETH 6 WHEREAS,City has the need for the services of a City Manager, and 7 WHEREAS, Scott is competent,trained and qualified for the position of City Manager, 8 and 9 WHEREAS, the parties desire to enter into this Agreement to outline the duties an 10 responsibilities of the parties. 11 NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: 12 1 APPOINTMENT. Scott is hereby appointed to, and does hereby accept such 13 appointment of the office of City Manager of the City of San Bernardino to commence on 14 February 8, 2016. 15 2. TERM. The term of this Agreement shall commence on February 8, 2016 an 16 continue for one year,unless amended or terminated under the terms of this Agreement. 17 3. TERMINATION. Under the terms of this appointment, Scott serves as an at 18 will" employee and may be terminated at any time, with or without cause pursuant tot the 19 provisions of the San Bernardino City Charter and this Agreement. Nothing in this Agreement, zo the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any 21 vested right in such appointment or in employment with the City. 22 a. The City may terminate this Agreement without cause, or Scott 23 may voluntarily resign his position, by providing the other party written notice of termination or 24 resignation at least thirty (30) days prior to the effective date of such termination or resignation, 25 unless the parties mutually agree to waive or alter the time required for such notice. 26 27 1 28 2015-277 1 b. If during the term of this Agreement, Scott is terminated for 2 cause, Scott shall have the right to a hearing before the Mayor in accordance with Section 52 of the 3 San Bernardino City Charter,which authorizes the Mayor to discharge the City Manager for cause, 4 subject to the laws of the State of California. 5 c. Scott shall have no right to any severance payment,and shall only be entitled 6 to compensation for any accrued and unused leave or vacation per Resolution 2007-345 as 7 amended, or its successor, upon the occurrence of any of the following events: (i) upon written 8 notice of termination or resignation as provided above in section (3)(a); (ii) upon the death of 9 Scott; or(iii)upon Scott's termination for cause. 10 d. For purposes of this section,"cause"is defined as: (i) a willful breach of this 11 Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager's duties, or (iii) 12 any acts of dishonesty, fraud,misrepresentation, or other acts of moral turpitude. For purposes of 13 this section, "loyalty" is defined as the duty of the City Manager to avoid fraud, bad faith, 14 usurpation of city government opportunities and self-dealing. 15 4. SALARY. Scott shall be compensated at the annual Salary set at Range 16 4731 ,Step 21, equal to Two Hundred and Forty-eight thousand and seventy-six dollars 17 ($248,076.00). This salary shall be paid bi-monthly at the same time as other City employees. 18 In accordance with applicable City policies and procedures, Scott shall be reimbursed for 19 reasonable expenses incurred on behalf of the City in the performance of his duties and 20 responsibilities as City Manager. 21 5. FRINGE BENEFITS. Scott shall be entitled to the benefit package 22 established for the Management/Confidential Group, including but not limited to,health, dental, 23 vision, leave, retirement, long-term disability coverage, life insurance, and other benefits as 24 provided in Resolution 2007-345 as amended or its successor. Scott shall receive Administrative 25 Leave consistent with Resolution No. 2007-345 as amended or its successor. For purposes of 26 "vacation leave" and "administrative leave," Scott shall be provided an annual bank of one 27 2 28 2015-277 1 hundred sixty (160) hours of combined vacation and administrative leave (four weeks). Any 2 other benefits not specifically addressed in this Agreement shall be consistent with the 3 Management Confidential Group. 4 6. HOUSING ASSISTANCE. Scott will be entitled to rental reimbursement of up 5 to$1500.00 per month for a rental in the City limits. Any taxes,security deposits or utilities not 6 included in the rent shall be the sole responsibility of Scott. 7 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement 8 between the parties. Any correspondence, letters, documents or discussions leading up to this 9 Agreement or in any other way made between the parties or their agents are replaced and 10 superseded by this Agreement. 11 9. NONSEVERABILITY. The provisions of this Agreement are not severable 12 one from the other. Should any of the provisions of this Agreement be determined invalid or 13 unenforceable for any reason by the final judgment of a court of competent jurisdiction,then this 14 Agreement in its entirety shall thereupon become null and void. 15 11. AMENDMENT. This Agreement may only be amended by a written 16 agreement executed by the parties, and may not be amended by oral agreement. 17 18 19 20 21 22 23 24 25 26 27 3 28 2015-277 y 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 2 day and date first above shown. ATTEST: CITY OF SAN BERNARDINO 3 4 B : By: 5 eorgeann H a, City e R. Carey D is,Mayor 6 7 8 MARK SCOTT 10 11 Approved as to Form: Gary D. Saenz, City Attorney 12 13 By: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 28