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HomeMy WebLinkAbout17 - Amended and Restated Contracts for City Manager, City Attorney and City Clerk - Redline Contract PagesFOURTHTHIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT This FOURTHTHIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement") is made effective as of November 25, 2014February 23, 2016 (“Effective Date”) and is entered into by and between the CITY OF NEWPORT BEACH, a California municipal corporation and Charter City ("Employer" or "City") and DAVID KIFF ("Employee") an individual (sometimes collectively referred to herein as “the Parties”). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Employee has been continuously employed by City as City Manager since September 12, 2009. Employee is currently employed under a ThirdSecond Amended and Restated Employment Agreement dated November 25June 11, 20143 (“Employment Agreement”). C. The Parties mutually agree that they intend for this Agreement to supersede the Employment Agreement, and that upon execution of this Agreement, the Employment Agreement shall have no force or effect. D. The Parties also mutually agree that this form of Agreement reflects the terms and conditions under which the Parties intend and desire to continue Employee’s employment. ATTACHMENT C February 23, 2016 Agenda Item No. 17 NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: SECTION 1: Term and Notice of Non-Renewal This Agreement shall become effective November 25, 2014February 23, 2016 (“Effective Date”). Subject to City’s right to terminate Employee’s employment at any time, as provided for in this Agreement, the Term of this Agreement is two (2) years from the Effective Date, and shall automatically be extended for one additional twelve (12) month period on each annual anniversary of the Effective Date of the Agreement unless City notifies Employee of its intent not to extend the Agreement at least thirteen (13) months prior to expiration of the original Term or any subsequent automatic extension of the Term. City’s election not to extend this Agreement shall not entitle Employee to severance pursuant to Section 7 of this Agreement. SECTION 2: Duties and Authority Employer agrees to employ Employee as City Manager to exercise the powers and authority and to perform the functions and duties specified in the Newport Beach City Charter, the Municipal Code and all relevant resolutions, rules, regulations, procedures, applicable job description(s) and state codes, as they currently or may in the future exist. Employee shall exercise such power and authority and perform such other functions and duties, not inconsistent with this Agreement, as Employer, by its City Council, may legally assign. SECTION 3: Compensation and Performance Evaluation. A. Employer agrees to pay Employee at the rate of an annual base salary of $246,000.00 265,680.00_____________________ (two hundred forty-six thousand dollars and no cents__________________________TWO HUNDRED SIXTY-FIVE THOUSAND SIX HUNDRED AND EIGHTY DOLLARS AND NO/100), subject to deduction and withholding of any and all sums required for federal or state income tax, pension contributions, and all other taxes, deductions ATTACHMENT C SECOND AMENDEDTHIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT This SECONDTHIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is made effective as of November 25, 2014February 23, 2016 and is entered into by and between the CITY OF NEWPORT BEACH, a California municipal corporation and Charter City (“Employer” or “City”) and LEILANI I. BROWN (“Employee”), an individual (sometimes collectively referred to herein as “the Parties”). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Employee has been continuously employed by City as City Clerk since November 22, 2008. Employee is currently employed under a SecondFirst Amended and Restated Employment Agreement dated November 25March 11, 2014 (“Employment Agreement”). C. The Parties mutually agree that they intend for this Agreement to supersede the Employment Agreement and that upon execution of this Agreement, the Employment Agreement shall have no force or effect. D. The Parties also mutually agree that this form of Agreement reflects the terms and conditions under which the Parties intend and desire to continue Employee’s employment. ATTACHMENT G NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: SECTION 1: Term This Agreement shall become effective November 25, 2014February 23, 2016 (“Effective Date”). Subject to City’s right to terminate Employee’s employment at any time, as provided for in this Agreement, the Term of this Agreement is two (2) years from the Effective Date, and shall automatically be extended for one additional twelve (12) month period on each annual anniversary of the Effective Date of the Agreement unless City notifies Employee of its intent not to extend the Agreement at least thirteen (13) months prior to expiration of the original Term or any subsequent automatic extension of the Term. City’s election not to extend this Agreement shall not entitle Employee to severance pursuant to Section 7 of this Agreement. SECTION 2: Duties and Authority Employer agrees to employ Employee as City Clerk, to exercise the powers and authority and to perform the functions and duties specified in the Newport Beach City Charter, the Municipal Code and all relevant resolutions, rules, regulations, procedures, applicable job description(s) and state codes, as they currently or may in the future exist. Employee shall exercise such power and authority and perform such other functions and duties, not inconsistent with this Agreement, as Employer, by its City Council, may legally assign. SECTION 3: Compensation and Performance Evaluation A. Employer agrees to pay Employee at the rate of an annual base salary of $142,000.00 145,550.00______________________ (one hundred forty-two thousand dollars and no cents ONE HUNDRED FORTY-FIVE THOUSAND FIVE ATTACHMENT G