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HomeMy WebLinkAboutReso 60-2015 RESOLUTION NO. 60-2015 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KRISTA MARTINELLI FOR SERVICE AS CITY CLERK WHEREAS, Krista Martinelli is the duly elected City Clerk of the City of South San Francisco ("City"); and WHEREAS,the City and Krista Martinelli desire to execute an Employment Agreement to outline the benefits and compensation that Ms. Martinelli will continue to receive in exchange for her service as City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the Employment Agreement, attached hereto as Exhibit A, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Employment Agreement on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 24th day of June 2015 by the following vote: AYES: Councilmembers Karyl Matsumoto and Liza Normandy Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: Councilmember Pradeep Gupta beilk ATTEST: I Deputy City Clerk EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into in South San Francisco, California, this 2 j th day of ,_)14 4 Q,, , 2015 ("Effective Date"), by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation, hereinafter sometimes referred to as the "CITY", and KRISTA MARTINELLI, an individual, hereinafter referred to as "MARTINELLI" (collectively referred to herein as "Parties"). WITNESSETH: WHEREAS, MARTINELLI is the duly elected City Clerk of the City and has served in this role since 2007; and WHEREAS, CITY and MARTINELLI desire to enter into this EMPLOYMENT AGREEMENT to outline the compensation and benefits that MARTINELLI will continue to receive from CITY in exchange for her service; and WHEREAS, MARTINELLI desires to accept the compensation and benefits under the terms and conditions as set forth herein; NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants and stipulations herein contained, the Parties hereto agree as follows: SECTION 1. EMPLOYMENT: Pursuant to her election by the voters of CITY, MARTINELLI serves as the City Clerk of CITY and carries out all of the duties, powers and responsibilities of City Clerk, specifically prescribed in State law and the Municipal Code. SECTION 2. TERM: The term of this Agreement shall commence on the Effective Date and shall remain in place for as long as MARTINELLI is the duly elected City Clerk or until the office becomes vacant in accordance with California Government section 36502. SECTION 3. SALARY: A. CITY agrees to pay MARTINELLI an annual salary of one hundred and twenty-one thousand four hundred and forty-three dollars ($121,443) payable in installments at the same time other employees of the CITY are paid. B. Consistent with Article 2 of the Executive Management Compensation Plan, MARTINELLI shall receive a 3% salary adjustment effective the pay period 1 including July 1, 2016, which would result in an adjusted annual compensation of one hundred and twenty-five thousand eight-six dollars ($125,086). SECTION 4. RETIREMENT: A. As of December 4, 2007, MARTINELLI has been covered by the retirement program (i.e., Public Employees' Retirement System- P.E.R.S.) by which all other "Miscellaneous Employees" of the CITY are covered. B. MARTINELLI is enrolled in the Ca1PERS retirement system as a classic Miscellaneous Employee, which provides that MARTINELLI is entitled to receive benefits in accordance with the 2.7% at 55 formula. MARTINELLI's contribution shall be calculated in accordance with PERS laws and regulations and CITY's contract with CALPERS. C. CITY participates in Social Security and Medicare. MARTINELLI shall have her statutory contribution to Social Security and Medicare deducted from her paycheck for her share and the CITY will pay its share of Social Security and Medicare. D. Subject to the terms and conditions of the CITY's Deferred Compensation Plan and IRS rules, MARTINELLI may participate in the CITY's section 457 Deferred Compensation Plan. MARTINELLI does not currently accept CITY healthcare benefits and instead, receives an in-lieu payment from the CITY into the CITY's section 457 Deferred Compensation Plan. If MARTINELLI opts to forgo the in-lieu payment in the future and take CITY healthcare benefits, then the CITY will cease making contributions to the Deferred Compensation Plan on MARTINELLI's behalf E. As MARTINELLI began her tenure as City Clerk in 2007, MARTINELLI is entitled to retiree medical benefits as provided to other eligible Executive Management Group members in accordance with the terms of the Executive Management Group Compensation Plan Section 4.10 at the same level and on the same terms as exist now or may be applicable in the future for all other retirees. SECTION 5. OTHER BENEFITS: A. MARTINELLI shall be entitled to and shall receive the employment benefits enjoyed by the CITY'S Executive Management Group, including such benefits as holidays, retirement, workers' compensation, sick leave, health, life and other insurance coverage. 2 B. MARTINELLI shall be entitled to eighty (80) hours of administrative leave per year, which is inclusive of the forty (40) hours of administrative leave provided pursuant to the Executive Management Compensation Plan. SECTION 6. INDEMNIFICATION AND BONDING: A. CITY shall defend, hold harmless and indemnify MARTINELLI against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of MARTINELLI's duties in accordance with the provisions of California Government Code section 825. MARTINELLI's conviction for a felony or misdemeanor shall be a basis for CITY'S exemption of this indemnification. CITY may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom. B. CITY shall bear the full cost of any fidelity or other bonds required of MARTINELLI under any law or ordinance. SECTION 7. NOTICES: Notices pursuant to this Agreement shall be given by deposit in the United States Postal Service, postage prepaid, addressed as follows: (1) CITY: Mayor City of South San Francisco P.O. Box 711 - 400 Grand Avenue South San Francisco, California 94083 (2) MARTINELLI: Krista Martinelli City Clerk P.O. Box 711 - 400 Grand Avenue South San Francisco, California 94083 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as applicable to civil judicial process. 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 United States Postal Service. SECTION 8. ATTORNEY'S FEES: In the event it becomes necessary for either CITY or MARTINELLI to bring a lawsuit to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix a reasonable attorney's fee to be paid the prevailing party. 3 SECTION 9. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of MARTINELLI. C. This Agreement shall become effective commencing on the Effective Date. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Further, the parties shall meet and confer in good faith to devise alternative language to replace the unconstitutional, invalid or unenforceable term and shall amend this Agreement in writing to include such new term. E. This Agreement may only be amended in writing upon mutual agreement of the Parties. IN WITNESS THEREOF, the City of South San Francisco has caused this Agreement to be signed and executed on its behalf by the Mayor and duly attested by its Deputy City Clerk, and MARTINELLI has signed and executed this Agreement. CITY OF OUTH SAN F • ∎+CISCO By: 41 Richard Garbarino, Mayor, City of South S. Francisco B : • /- gyp■ KRIS - Li :J , CITY CLERK ATTEST:e� A l Deputy City Clerk APPROVED AS O ORM: Ado,PI"Att* -y 2454610.1 4