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
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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.
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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.
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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
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