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
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