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CC Resolution 8346 RESOLUTION NO. 8346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MARK J. OCHENDUSZKO FOR HIS EMPLOYMENT AS CITY MANAGER WHEREAS, the City Council has appointed Mark J. Ochenduszko as City Manager, effective July 6, 1992; and WHEREAS, Section 2.16.020 of the Campbell Municipal Code provides that compensation for all appointed officers and employees of the City shall be fixed by Resolution; and WHEREAS, establishing Manager for forth by the the City Council desires to have an employment agreement the salary, benefits and working conditions of the City the duties and responsibilities of that position as set Campbell Municipal Code, Section 2.12; NOW, THEREFORE, Campbell that the agreement with Mark attached hereto. BE IT RESOLVED by the City Council of the City of Mayor is authorized to execute the employment J. Ochenduszko for City Manager, a copy of which is PASSED AND ADOPTED at a regular meeting of the City council of the City of Campbell this 7th day of July, 1992, by the following roll call vote: AYES: Councilmembers: Kotowski, Conant, Ashworth, Watson, Burr NOES: Councilmembers: None None ABSENT: Councilmembers: APPROVED: ~ NALD R. BURR, MAYOR ATTEST: ! " k ;OO,tku, . BARBARA KEE, CITY CLERK .. ..- AGREEMENT FOR CITY MANAGER SERVICES WHEREAS, the CITY OF CAMPBELL and the CITY OF CAMPBELL REDE.VEI.DFMENl' AGENCY (hereinafter referred to collectively as "city") has completed a review of applicants for the position of the City Manager; WHEREAS, MARK J. OCHENDUSZKO has applied for the position of City Manager; WHEREAS, City desires to retain the services of MARK J. OCHENDUSZKO as City Manager; WHEREAS, MARK J. <XlIENDUSZKO desires to serve as City Manager for the City; and WHEREAS, the City desires to provide certain benefits, establish certain conditions of employment, and to set working conditions of MARK J. OCHENDUSZKO (hereinafter referred to as "City Manager"); NOW, THEREFORE, for and in consideration of each others' mutual promises, the undersigned parties agree as follows: 1. City Manager agrees to perform the functions and duties of the City Manager of Campbell and Executive Director of the Campbell Redevelopment Agency as set forth in applicable State or local laws, ordinances, resolutions and policies, as well as such instructions and assignments as may be given to him by the Campbell City Council or Redevelopment Agency Board, commencing on July 6, 1992 and continuing until terminated as provided in this Agreement. 2. During his employment, the city Manager shall receive the following salary and benefits: a. '!he City Manager shall earn an initial annual salary of $100,000 per year commencing on July 6, 1992. This salary may be adjusted at any time by the City Council; provided, however, that subject to attainment of suitable tenure and job performance as determined by the City Council in its sole discretion, the City Manager's salary should eventually be adjusted to a minimum of fifteen percent (15%) above the highest paid Department Head; b. In addition to the foregoing salary, the City Manager shall receive a monthly automobile allowance of $350.00 per month to compensate him for use of his personal vehicle for City business. '!he City Manager shall be fully credited with two weeks (ten working days) of paid vacation UPJn COIlUt\encement of employment. In addition, the City Manager shall accrue vacation in accordance with the vacation accrual schedule for executive employees, and receive all other benefits normally and usually provided to City Department Heads. 2. 3. In recognition of the fact that the City Manager will need to relocate from Southern California, the City Manager shall be entitled to rei1nbursement for the reasonable costs incurred in moving his personal property to Santa Clara County. 4. '!he City Council shall review and evaluate the City Manager upon the first six months and twelve months of service. The City Manager shall also be reviewed and evaluated upon the completion of twelve months of service thereafter, and at any other times the City Council deems necessary and appropriate. 5. Because an intimate and confidential relationship is necessary between the City Manager and City, the City Manager understands and agrees that City Manager serves at the pleasure of City, and may be terminated at the will of City at any time and without any prior notice, without statement of reasons or grounds therefor. 6. Notwithstanding anything contained in paragraph 5 of this Agreement, in the event that the City Manager is terminated by City while the city Manager is willing and able to perform his duties under this Agreement, then he shall be entitled to continue to receive the salary set forth in pargraph 2 of this Agreement, for a period of three (3) months following his termination, provided that: a. City Manager shall make himself reasonably available to City during said three (3) month period to consult on city business; and b. City Manager's termination is not due to a conviction of any illegal act involving personal gain to him, an act of moral turpitude, a fraud against City, or any other act or omission on the part of the City Manager wholly inconsistent with his position or responsibilities. Nothing contained in this paragraph shall apply in the event of a voluntary resignation of the City Manager. 7. In the event that the City Manager voluntarily chooses to resign his errployment, he shall give the City Council at least thirty (30) days' advance written notice of his decision, so that the City Council may undertake a reasonable effort to find a successor. 8. The City will indemnify the City Manager for any acts arising in the course or scope of performing City Manager duties as required by Title 1, Division 3.6, Part 2, Chapter 1, Article 4, and Title 1, Division 3.6, Part 7, of the California Government Code. The City will provide, through the Association of Bay Area Governments, an individual surety bond in the amount of $25,000. 3. 9. City's waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant. 10 . '!his Agreement contains the entire Agreement between City arrl City Manager relating to the ma.tters contained herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and City Manager. 11. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on city and City Manager. 12. 'Ibis Agreement shall be governed arrl construed in accordance with the laws of the State of California. 13. '!his Agreement may be executed in counterparts and will be binding as so executed. '!he undersigned parties having read and understood the foregoing terms and conditions of this Agreement hereby agree to be bound thereby. Dated: MARK J. OCHENDUSZKO CITY OF CAMPBELL/CAMPBELL REDEVELOPMENT AGENCY Dated: Bv~~ r;:' ;5~~ DONALD R. BURR, Mayor and Chairman of the Redevelopment Board --. f:cmagreemt/A