Loading...
1986-0624_JULIAN, STEPHEN B._AgreementAGREEMENT THIS AGREEMENT, made and entered into this 24th day of June 1986, by and between the City of San Juan Capistrano, State of California, a municipal Corporation, hereinafter called "EMPLOYER.", and STEPHEN 13. JULIAN, hereinafter called "EMPLOYEE". WITNESSETH: WHEREAS, EMPLOYER desires to continue to retain the services of EMPLOYEE as City Manager of the City of San Juan Capistrano; and WHEREAS, EMPLOYEE desires to continue to be employed as City Manager of said City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. TERM OF EMPLOYMENT AND RENEWAL (a) EMPLOYER hereby continues to employ EMPLOYEE and EMPLOYEE hereby accepts continued employment with EMPLOYER for a term of four (4) years, beginning June 15, 1986 and expiring on June 14, 1990. (b) EMPLOYER and EMPLOYEE agree that EMPLOYEE shall provide his services exclusively to EMPLOYER during the term, including extensions, except as may be otherwise provided by this Agreement. (c) Unless written notice of intent not to renew is given by either party hereto to the other not less than one hundred and eighty (180) days prior to the expiration of the said term of employment, this Agreement shall be deemed renewed for a four (4) year period next succeeding said term. All provisions of this .Agreement pertaining to the four (4) year term of employment shall remain in full force and effect upon such renewal, unless otherwise provided by the mutual consent of the parties. i 0 2. DUTIES OF EMPLOYEE AND HOURS OF WORK (a) EMPLOYEE is hereby employed by EMPLOYER as City \tanager to perforin the duties and discharge the functions as specified in Ordinance No. 175, as amended from time to time, of the City of San Juan Capistrano, and to perform such other duties and discharge such other functions as the Council of said City may from time to time reasonably assign to EMPLOYEE. Such duties may include performing the duties and discharging the functions of Chief Executive Officer of subsidiary districts, agencies, or organizations, public and private, cf which the City Council, or the members thereof by virtue of being members of the Council, are the governing board and authority, or the appointing authority. (b) EMPLOYEE shall control, order and give directions to all departments of government of the City and to all appointive officers and employees thereof. EMPLOYEE shall exercise identical authority when serving as Chief Executive Officer of any subsidiary organization as provided by Section 2(a) of this A:-,reen:ent. (c) The parties hereto recognize that, in the normal discharge of EMPLOYEE'S functions, he will be required to devote considerable time outside of F.MPLOYER'S normal office working hours to business related to the concerns and interests of the municipality and its ancillary and subsidiary organizations. To minimize and avoid to the extent possible hardships upon the EMPLOYEE, EMPLOYER agrees to allow EMPLOYEE to establish flexible working hours and to take compensatory time off during normal office working hours. 3. CO�,,IPENSATION, BENEFITS AND EXPENSES Compensation to EMPLOYEE for services as City Manager shalt be set by the City Council. Additional compensation, if any, for services performed for subsidiary organizations may be in the form of a stipend or such other form of compensation as may be agreed upon by the parties. EMPLOYER agrees to review 0 EMPLOYEE'S total compensation annually and to maintain appropriate internal and external compensation relationships. EMPLOYEE'S salary, benefits and other forms of compensation shall not be reduced unless as part of an overall decrease in the compensation of all other City employees. (a) SALARY Salary for EMPLOYEE for services rendered under this Agreement shall be established by resolution of the City Council as amended from time to time. (b) AUTOMOBILE EMPLOYEE shall, at his own cost and expense, procure an automobile for use in traveling in the performance of his duties hereunder. EMPLOYEE shall procure and maintain in force an automobile liability insurance policy covering said automobile, with EMPLOYEE as a named insured, in such reasonable minimum amounts for bodily injury or death and property damage as EMPLOYER may deem necessary for its just protection, and EMPLOYEE. shall deliver to EMPLOYER a true copy of such automobile liability insurance policy. EMPLOYEE is authorized to use said automobile for the purpose of performing his duties and discharging his functions hereunder provided that he shall first execute an agreement with EIv9PLOYER holding the latter harmless from any liability resulting from the use of said automobile and containing such other terms and conditions as EMPLOYER may deem necessary to protect the interests of EMPLOYER thereunder. EMPLOYER shall compensate EMPLOYEE for the use of his automobile by payment to EMPLOYEE of a sum as set by resolution of the City Council, as amended from time to time. 4. PROFESSIONAL BENEFITS All provisions of Ordinance No. 175, as amended from time to time, of the Codes of San Juan Capistrano shall remain in effect during EMPLOYEE'S term of employment. Further, EMPLOYER agrees to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel authorized by the City Council of the City of San Juan Capistrano and made for the purpose of allowing EMPLOYEE to attend meetings, short courses, institutes and seminars for the continued professional development of EMPLOYEE and to pursue necessary official and other functions of the City, including, but not necessarily limited to, the annual conference of the League of California Cities, International City Management Association, Urban Land institute, and such other national, regional, state and local governmental groups and committees thereof on which EMPLOYE 17 may serve as a member. EMPLOYER further agrees to pay the professional dues and subscriptions of Ef IPLOYEE authorized by the City Council of the City of San Juan Capistrano and necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued Professional development. 5. INSURANCE 1a1PLOYER agrees to provide EMPLOYEE with all health, life and other insurance benefits similar to those provided to other Executive employees at no expense to EMPLOYEE-. This shall not preclude EMPLOYEE from securing such benefits from other than the City's insurance and benefit providers providing, however, the City shall not be obligated to pay more than it would otherwise pay for said benefits through a City provider. RETll? E,MENT EMPLOYER agrees to continue the City's membership in the Orange County Retirement System and to pay all costs related to E%IPLOYEE'S membership therein. 7. LEAVE EMPLOYEE shall continue to receive annual vacation leave, sick leave, holiday leave and other leave privileges and benefits as provided to other Executive employees of the City. Any unused leave may 1?e converted to deferred compensation, individual retirement accounts, or other forms of compensation, provided, however, that no conversion shall be used to increase the salary of EbIPLOYEE- as established by the City Council. 8. HOUSING EMPLOYER and EMPLOYEE have previously entered into a housing agreement dated July 8 19 81 . The terms and conditions thereof are extended hereby for one year. 9. OTHER BENEFITS All other benefits enjoyed by other employees of the City shall be enjoyed by EMPLOYEE. The benefits enumerated in this Agreement are additional to and not in substitution of benefits or compensation paid to EMPLOYEE hereunder. 10. GENERAL PROVISIONS (a) Other E�enses EMPLOYEE is authorized to incur reasonable business expenses in the discharge of his functions hereunder and as authorized by the Council of the City of San Juan Capistrano. Upon submittal of such documentary evidence as may from time to time be required by EMPLOYER, the latter will reimburse EMPLOYEE for such business expense. (b) Engaging in Other Employment EMPLOYEE shall devote his productive time, ability and attention to the business of EMPLOYER. duriing the term of this Agreement, or any renewal or extension thereof. EMPLOYEE shall not, except as hereinafter specifically provided, directly or indirectly render services of a business, commercial or professional nature to any person or organization other than EMPLOYER, for compensation or otherwise, without the prior express written consent of EMPLOYER. Notwithstanding anything herein to the contrary, EMPLOYEE may, without the benefit of such consent, pursue outside activities in a teaching, consulting or writing capacity, if perforrned wholly outside of such normal working hours provided that such outside activities do not in any way adversely affect or interfere with E'MPLOYDE'S employment by EMPLOYER, are not otherwise considered by EMPLOYER to be inconsistent with EMPLOYEE'S duties and responsibility hereunder and are conducted by EMPLOYEE off EMPLOYER'S premises. (c) 'Notices Unless waived by the other party, any notices to be provided by either party hereto to the other shall be in writing, sent by U.S. Mail, postage prepaid, registered, and addressed as follows: 1. Notice to EMPLOYER City Council of the City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 2. ;Notice to EMPLOYEE_ Stephen B. Julian 28121 Calle San Remo San Juan Capistrano, CA 92675 • 0 Change in the address of either party hereto shall be notified by the latter to the other party in writing sent by U.S. Mail, postage prepaid, registered and addressed to such other party's address as last notified to the notifying party. (d) Other Conditionsof Employment The Council of the City of San Juan Capistrano may fix such other terms and conditions of employment as it may determine to be reasonably necessary, from time to time, provided such terms and conditions are not inconsistent with the provisions of this Agreement. (e) Termination Notwithstanding anything herein contained to the contrary, this Agreement and any renewal or extension hereof may be terminated at any time by mutual consent of the parties hereto, and may be terminated at any time by either party hereto upon notice by such party to the other of such party's intent to terminate. To be effective, such notice shall be in writing, addressed to the other party's address as specified herein, or as may hereafter be notified by either party hereto, to the other and shall specify the date on which such termination is to take effect. Such date shall not be less than thirty (30) days subsequent to the date of receipt of said notice by the party to whom it is addressed, if hand delivered, or the date of the postmark, if sent by mail to such party. This Agreement shall be deemed terminated automatically effective immediately upon the occurrence of any of the following events: (1) The death of EMPLOYEE or loss by EMPLOYEE of his legal capacity. (2) The willful or habitual breach of duty by EMPLOYEE in the course of his employment hereunder or of any other obligation under this Agreement unless waived by EMPLOYER. 0 0 (3) The commission by EMPLOYEE of any act of misconduct or misfeasance in office. Except for automatic termination of the Agreement as specified herein, in the event that EMPLOYEE'S services are terminated by EMPLOYER, EMPLOYEE shall be entitled to a lump sum severance payment equal to six (6) months' salary and benefits. Notwithstanding anything herein to the contrary, no severance pay shall be paid in the event of automatic termination of EMPLOYEE'S employment hereunder. Termination hereunder shall not prejudice any remedy which the terminating party may have either at law, in equity, or under this Agreement. (f) Entire Agreement This Agreement supersedes any and all other Agreements, either oral or in writing between the parties hereto with respect to the employment of EMPLOYEE by EMPLOYER and contains aL the covenants and agreements between the parties with respect to such employment. Any modifications to this Agreement shall be effective only if it is in writing signed by both parties hereto. (g) Partial Invalidi If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nonetheless continue in full force, without impairment. (h) :Monies Due Deceased Employee If EMPLOYEE dies prior to the expiration of the term of his employment, any monies due him from EMPLOYER under this Agreement as of the date of death shall be paid forthwith to EMPLOYEE'S executor, administrator, heirs, personal representatives and successors. (i) Attorney's Fees and Costs If any actions at law or in equity are necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. EXECUTED at San Juan Capistrano, California, on the day and year first above written.. CITY OF SAN JUAN CAPISTRANO A Municipal Corporation EMPLOYER Kenneth E. Friess, :Mayor EMPLOYEE Stephe B. Julian, City M", anager ATTEST: City Clerk AU 7408634-02 UNITED PACIFIC INSURANCE COMPANY 33405 8th Avenue South, C-3000 Federal Way, WA. 98003 LOSS PAYEE COPY AUTO POLICY NOTICE OF NONRENEWAL RE'B@IVED ,JUN 11 2 53 P4 'R7 CITY CI FRrt GLENDL PAGE 1 AU 7408634-02 FROM: JAN 29, 1987 TO: JULft`9 ;"1''9614 0596037 00 Lr: NAME OF INSURED AND ADDRESS AGENCY NAME AND ADDRESS 06/08/87 i JULIAN, STEVEN B. & ROBYN FERGUSON FINANCIAL INSURANCE 28121 CALLE SAN REMO SERVICES INC SAN JUAN CAPISTRANO, CA 1400 N HARBOR BLVD #100 92675 FULLERTON, CA I: 92635 NOTICE OF NONRENEWAL NONRENEWAL WILL TAKE EFFECT ON 07/29/87 AT 12:01 A.M. STANDARD TIME. TO ALL INSUREDS, MORTGAGEES AND LOSS PAYEES NAMED IN SAID POLICY: YOU ARE HEREBY NOTIFIED THAT THE ABOVE POLICY WILL NOT BE RENEWED ON THE EXPIRATION DATE AND THAT ALL INSURANCE THEREUNDER SHALL CEASE AT AND FROM THE DATE AND HOUR STATED ABOVE. NOTE: PLEASE CONTACT YOUR AGENT IMMEDIATELY IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE. P HANK PERRY, IC NSOAI MANAGER HANK P PACIFIC INSURANCE COMPANY i� PFRSONAI & OUSINESSOWNERS DIVISION 3345 MICHELSON DRIVE, SUITE 100 IRVINE, CA 92715 AUTHORIZED REPRESENTATIVE ADDITIONAL INSURED CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 NOTICE PREPARED AT FEDERAL WAY, WASHINGTON AU 7408634-01 UNITED PACIFIC INSURANCE COMPANY 33405 Bib Avenue South, 0-3000 Federal Way, WA. 98003 LOSS PAYEE COPY PERSONAL AUTO POLICY NOTICE OF REINSTATEMENT GLENDL PAGE 1 I `rt V✓07 POLICY NUil POLICY PERIOD AGENCY NUMBER 1 1 AU 7408634-01 FROM. JUL 29, 1986 TO. JAN 29, 1987 0596037 00 NAME OF INSURED AND ADDRESS AGENCY NAME AND ADDRESS 12/02/86 JULIAN, STEVEN B. & ROBYN FERGUSON FINANCIAL INSURANCE 28121 CALLE SAN REMO SERVICES INC SAN JUAN CAPISTRANO, CA 1400 N HARBOR BLVD #100 !" 92675 FULLERTON, CA 92635 POLICY REINSTATEMENT FOR NONPAYMENT OF PREMIUM TO ALL INSUREDS, MORTGAGEES AND LOSS PAYEES NAMED IN SAID POLICY: THIS IS TO ADVISE YOU THAT THE NOTICE OF CANCELLATION OR LAPSE NOTICE THAT WAS TO BECOME EFFECTIVE 12/06/86 IS RESCINDED. NOTE: PLEASE CONTACT YOUR AGENT IMMEDIATELY IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE. sni ADDITIONAL INSURED CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 NOTICE PREPARED AT FEDERAL WAY, WASHINGTON AU 7408634-01 LOSS PAYEE COPY GLENDL PERSONAL AUTO POLICY PAGE 1 i UNITED PACIFIC INSURANCE COMPANY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM 33405 81h Avenue South, C-3000 I- Federal Way, WA. 98003 POLICY NUMBER POLICY PERIOD AGENCY NUMBER AU 7408634-01 FROM: JUL 29, 1986 TO: JAN 29, 1987 0596037 00 NAME OF INSURED AND ADDRESS AGENCY NAME AND ADDRESS 11/24/86 JULIAN, STEVEN B. & ROBYN FERGUSON FINANCIAL INSURANCE 28121 CALLE SAN REMO SERVICES INC SAN JUAN CAPISTRANO, CA 1400 N HARBOR BLVD #100 92675 FULLERTON, CA 92635 NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM CANCELLATION WILL TAKE EFFECT ON 12/06/86 AT 12:01 A.M. STANDARD TIME FOR NONPAYMENT OF AMOUNT DUE: $396.58. THE ACCOUNT BALANCE: $396.58. TO ALL INSUREDS, MORTGAGEES AND LOSS PAYEES NAMED IN SAID POLICY: YOU ARE HEREBY NOTIFIED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE MENTIONED POLICY AND IN ACCORDANCE WITH LAW, THAT YOUR INSURANCE WILL CEASE AT AND FROM THE DATE AND HOUR STATED ABOVE DUE TO NONPAYMENT OF PREMIUM. TO REINSTATE THIS POLICY, THE AMOUNT DUE MUST BE RECEIVED IN THE COMPANY'S OFFICE BEFORE THE CANCELLATION EFFECTIVE DATE. MAIL PAYMENTS TO: P. O. BOX 2728 p Jr1 �a,�--� SEATTLE, WA 98111-2728 AUTHORIZED REPRESENTATIVE NOTE: PLEASE CONTACT YOUR AGENT IMMEDIATELY IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE. IF THIS POLICY HAS BEEN IN FORCE 60 DAYS OR MORE, PURSUANT TO CHAPTER 11 OF THE CALIFORNIA INSURANCE CODE, YOU ARE ENTITLED TO BE INFORMED WHICH OF THE GROUNDS SET FORTH IN SECTION 676 APPLY. AFTER RECEIPT OF YOUR REQUEST IN WRITING THE REASON(S) WILL BE SUPPLIED BY THIS COMPANY TO YOU IN WRITING. ADDITIONAL INSURED CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 NOTICE PREPARED AT FEDERAL WAY, WASHINGTON