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09-1201_MORRIS, MARIA_Employment Agreement1: 4 -kyj r. J Ireyy, l: a1 W_TWO#4ly IW II This Employment Agreement (hereinafter "Agreement") is made this 1'� day of December 2009 by and between the City of San Juan Capistrano, a municipal corporation, (hereinafter "City") and Maria Morris (hereinafter referred to as "Employee") In consideration of the mutual promises and agreements contained herein, it is hereby agreed between City and Employee as follows: A. City Clerk Duties. Employee agrees to serve as the City Clerk to the City. In the capacity of City Clerk, the Employee shall perform each and every duty prescribed by law pertaining to the position of City Clerk and all services, acts, or things necessary or advisable to manage and conduct the business and affairs of the City, subject at all times to the policies set by the City Council and to the consent of the City Council when required by the terms of this Employment Agreement. Employee shall also perform all duties specifically required by the City Council from time to time consistent with the general obligations of the position. B. Term of Employment. The Employee shall begin employment as the City Clerk as of the effective date of this Agreement. The Agreement shall remain in full force and effect until June 30,' 2011 unless terminated prior to that date by Employer or Employee as provided in Paragraph L of this Agreement. C. Employment Status The Employee shall be an exempt, at -will employee and serve at the pleasure of the City Council. This means that either the City Council or Employee may terminate her employment at any time with or without cause and with or without notice. D. Employee's Commitment to Cit Business. 1) Employee shall devote the Employee's entire productive time, ability and attention to the business of the City during the term of this Agreement. 2) Employee shall not engage in any other business, duties or pursuits whatsoever, or directly or indirectly render any service of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without prior consent of the City Council. However, the expenditure of reasonable amounts of time for educational, including occasional teaching for which Employee may receive a stipend or compensation, charitable, or professional activities shall not be deemed a breach of this Agreement if those activities do not materially interfere with Employee's services to City. 3) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs, if those activities are not deemed to be a conflict or interest by state law, or materially interfere with the services required under this Agreement E. Salary and Benefits During the term of this agreement, Employee shall receive the following salary and benefits. 1) Salary: Employee shall be paid an annual salary of Ninety thousand five hundred sixty four dollars annually ($90,564) or $7,547 per month. 2) Auto Allowance: Employee shall receive a monthly auto allowance of Two hundred fifty dollars ($250.00) payable in the same manner as paid to other City executive employees. 3) Deferred Compensation Contribution: City shall match Employee's contribution to the City's 457 deferred compensation plan up to a maximum of 1 % of the Employee's annual salary. 4) Health Savings Account (HSA) Contribution: City shall contribute $30/month to the City's HSA program. 5) Retirement System: Employee shall be enrolled in the same Orange County Employees Retirement System ("OCERS") plan providing a 2.7% at 55 benefit. Employee shall pay 5.01% of salary toward the annual contribution that is required by OCERS for Employer and Employee participation in the plan. The City shall pay the remainder of the Employer and Employee annual contribution for participation in the plan. 6) Other Benefits: Employee shall be eligible to receive the following benefits as follows: a. Medical: The City shall pay the monthly premium for the City's medical insurance for the Employee and all dependants up to an amount equivalent to the highest HMO premium amount offered by the City. If the employee chooses to opt out of the City's medical insurance program per the City's guidelines, the employee would be eligible to receive a $300 stipend in -lieu of coverage. b. Dental: The City shall pay 100% of the monthly premium for the City's dental insurance program for the Employee and all dependants. c. Vision: The City shall pay 100% of the monthly premium for the City's dental insurance program for the Employee and all dependants . d. Life Insurance: The City shall pay 100% of the premium for the City's life insurance program with a coverage amount of 1 3/2 times the Employee's annual salary plus $20,000. e. Short-term and Long-term Disability — the City shall pay 100% of the premium for the City's short and long-term disability programs F. Annual Leave Benefits 1) Vacation Leave; a. Employee shall accrue 164 hours of vacation leave annually in an equal amount each pay period. b. Employee shall be able to accumulate no more than 300 hours of vacation leave at any time or accruals will cease until the amount is less than 300. c. Vacation usage must be authorized by the City Council. d. Payout of accumulated balance upon separation will be at 100% e. Payout of 40 hours annually, if Employee has used at least 80 hours during the previous twelve months and has reached the maximum accrual level. 2) Sick Leave: a. Employee shall accrue 96 hours of sick leave annually in an equal amount each pay period. b. Sick leave accrual is not limited c. Sick leave usage must be authorized by the City Council. d. Payout of accumulated balance upon separation will be at 50% e. Payout of 40 hours annually, if Employee has used 'at least 80 hours during the previous twelve months and has reached the maximum accrual level. 3) Floating Holiday: a. Employee shall accrue 10 hours of floating holiday annually on July 1. b. Employee shall not carry any accumulated floating holiday past June 30. c. Floating Holiday usage must be authorized by the City Council. 4) Management Leave: a. Employee shall accrue 64 hours of management leave annually in an equal amount each pay period. b. Employee shall not accumulate more than 64 hours of management leave at any time or accruals will cease until the amount is less than 64. c. Management leave usage must be authorized by the City Council. d. Payout of accumulated balance upon separation will be at 100% e. Payout of up to 64 hours twice annually, in December and June 5) Holidays: a.January a. 1st (New Year's Day) b. Third Monday in February (Washington's Birthday) c. Last Monday in May (Memorial Day) d. July 4th (independence Day) e. First Monday in September (Labor Day) f. November 11th (Veteran's Day) g. Fourth Thursday in November (Thanksgiving Day) h. The day following Thanksgiving Day i. December 24th (Christmas Eve) j. December 25th (Christmas Day) k. December 31 (New Year's Eve Day) G. Goals and Objectives Setting Within 90 days of Employee's appointment, the City Council and Employee will meet and confer regarding the development of specific performance objectives for the following nine (9) month period. Thereafter, City Council and Employee shall collaborate to establish annual goals and objectives for Employee and the City. H. Employee Performance Review: City Council shall review Employee's performance, salary, and benefits at least once annually and may make any modifications to Employee's salary and benefits to which the City Council and Employee mutually agree. Any changes must be reflected in an amendment to the agreement. Work Schedule The work schedule of the Employee will be determined by the City Council J. Memberships City agrees to pay the fees for Employee's membership in the standard City Clerk Associations and Employee shall have the right to attend meetings of such associations if such meetings are conducted within the State of California and do not interfere with Employee's duties as. City Clerk. Attendance at association meetings longer than one day or outside the State of California shall be approved in advance by the City Council K. General Expenses The City recognizes that the Employee will from time to time incur certain expenses of a non - personal and job-related nature. City agrees to reimburse Employee for reasonable and necessary expenses pursuant to any policies and budget that the City may from time to time approve. L. Termination of Em to ment. Resignation and Severance. 1) City reserves the right to terminate this Agreement at any time for any or no reason. 2) In the event of termination by the City within six months of any regularly scheduled City Council election, excepting termination due to Employee misconduct, Employee shall be entitled to receive three (3) months salary, accumulated leave up to the date of termination as outlined in Section F, and health and other insurance benefits up to the date of termination as outlined in Section E. "Misconduct" means ,conviction of a misdemeanor involving moral turpitude, any felony, or willful abandonment of Employee's duties. 3) The parties agree that the severance compensation requirements set forth in this Section shall not limit the City's discretion to terminate Employee, but rather shall serve as a means for determining the amount due Employee in the event of such termination within six months of any regularly scheduled City Council election. 4) Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with City, subject only to Employee giving City thirty (30) days prior written notice. This notice may be waived at the discretion of the City Council and Employee's resignation may be considered effective as of the date that notice is given. M. Jury Duty Employee will receive full pay and benefits while serving on a jury trial. Any compensation for such jury duty (except travel pay) shall be returned to the City. 1►111•►1C•��f Any notices to be given hereunder by either party to the other shall be in writing and may be transmitted by personal delivery or by First Class Mail. Mailed notices shall be addressed to the parties at the addresses maintained in the personal records of City, but each party may change that address by written notice in accordance with this section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. O. Entire Agreement. This Employment Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Employment Agreement acknowledges that representation, inducement, promise, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Employment Agreement shall be valid or binding on either party. P. Modifications. Any modifications of this Employment Agreement will be effective only if it is in writing and signed by the parties. Q. Effect of Waiver. The failure of either party to insist on strict compliance with any other terms, covenants, or conditions of this Employment Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of that right or power for all or any other times. R. Partiallnvalidity. If any provision in this Employment Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. S. Governing Law. This Employment Agreement shall be governed by and construed in accordance with the laws of the State of California, in force and effect as of the date of execution of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JU N CAPISTRANO E B ATTEST: Of J/U, , "`j - J Dep ity Clerk APPROVED AS TO FORM: J 6 A Am y Omar andov6l, City Attorne 12/11/2009 AGENDA REPORT E9 TO: Honorable Mayor and City Council Members FROM: Cindy Russell, Assistant City Manager SUBJECT: Consideration of Employment Agreement for City Clerk (Maria Morris) RECOMMENDATION: By motion, approve the Employment Agreement for the position of City Clerk with Maria Morris in substantially the form provided subject to final approval by the City Attorney. SITUATION: Pursuant to City Council authorization an Employment Agreement for the position of City Clerk has been negotiated with Maria Morris for the position of City Clerk. The Agreement provides for the following basic terms Salary Term $7,547/month or $90,564 annually December 1, 2009 -June 30, 2011 Employment Status At -will, exempt position serving at the pleasure of the City Council Severance The City Clerk shall not be terminated other than for cause within six months of any regularly scheduled election of City Council, otherwise severance equivalent to 3 months salary shall be paid. Monthly Auto Allowance $250/month Deferred Compensation 457 — Employer match of employee contribution, up to 1 % of salary; HSA - $30/month Orange County Employees Employee pays 5.01% of annually salary, City picks up Retirement the remainder of the employee share and employer share Medical/DentalNision City pays premium for employee and dependants. Medical up to highest HMO premium offered, opt out stipend, $300 monthly; Dental— 100%; Vision— 100% Agenda Report Page 2 December 1, 2009 All other benefits and leave is similar to other management/professional level positions in the City. FINANCIAL CONSIDERATIONS: This position has been budgeted in the FY 2009/10 budget. This contract results in a savings of approximately $7,200 from the amount budgeted for this fiscal year. NOTIFICATION: Maria Morris RECOMMENDATION: By motion, approve the Employment Agreement for the position of City Clerk with Maria Morris in substantially the form provided subject to final approval by the City Attorney. Respectfully submitted, Cindy Ru ell Assistant City Manager Attachment: 1. Employment Agreement EMPLOYMENT AGREEMENT This Employment Agreement (hereinafter "Agreement") is made this 1St day of December 2009 by and between the City of San Juan Capistrano, a municipal corporation, (hereinafter "City") and Maria Morris (hereinafter referred to as "Employee"). In consideration of the mutual promises and agreements contained herein, it is hereby agreed between City and Employee -as follows: A. City Clerk Duties. Employee agrees to serve as the City Clerk to t Employee shall perform each and every duty pry of City Clerk and all services, acts, or things conduct the business and affairs of the Cisat tY' City Council and to the consent of the City Coi Employment Agreement. Employee shall alsol"i the City Council from time to time consistent with B. Term of Employment. The Employee shall begih � ( Agreement. The Agreement` terminated prior to that, date Agreement. C., Ernplovment Status' Council. This means ,ity. Inlfhe capacity of City Clerk, the bed by Ilava pertaining to the position �ssary or advisable to manage and at all times foIhe policies set by the when required by, the terms -of this rm all duties specifically required by general obligations of the position. the Employee's entire productive time, ability and of the City during the term of this Agreement. 2) Employee shall not engage in any other business, duties or pursuits whatsoever, or directly or indirectly render any service of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without prior consent of the City Council. However, the expenditure of reasonable amounts of time for educational, including occasional teaching for which Employee may receive a stipend or compensation, charitable, or professional activities shall not be deemed a 1 1 ATTACHMENT 1 breach of this Agreement if those activities do not materially interfere with Employee's services to City. 3) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs, if those activities are not deemed to be a conflict or interest by state law, or materially interfere with the services required under this Agreement E. Salary and Benefits During. the term of this agreement, Employee shall receive the following salary and benefits. 1) Salary: Employee shall be paid an annual salary of Ninety thousand five hundred sixty four dollars annually ($90,564) or $7,547 per month. 2) Auto Allowance: Employee shall receive a monthly auto allowance of Two hundred fifty dollars ($250.00) payable in the same manner as paid to other City executive employees. 3) Deferred Compensation Contribution: City shall match Employee's contribution to the City's 457 deferred compensation plan up to a maximum of 1 % of the Employee's annual salary. 4) Health Savings Account (HSA) Contribution: City shall contribute $30/month to the City's HSA program. 5) Retirement System: Employee shall be enrolled in the same Orange County Employees Retirement System ("OCERS") plan providing a 2.7% at 55 benefit. Employee shall pay 5.01% of salary toward the annual contribution that is required by OCERS for Employer and Employee participation in the plan. The City shall pay the remainder of the Employer and Employee annual contribution for participation in the plan. 6) Other Benefits: Employee shall be eligible to receive the following benefits as follows: a. Medical: The City shall pay the monthly premium for the City's medical insurance for the Employee and all dependants up to an amount equivalent to the highest HMO premium amount offered by the City. If the employee chooses to opt out of the City's medical insurance program per the City's guidelines, the employee would be eligible to receive a $300 stipend in -lieu of coverage. b. Dental: The City shall pay 100% of the monthly premium for the City's dental insurance program for the Employee and all dependants. c. Vision: The City shall pay 100% of the monthly premium for the City's dental insurance program for the Employee and all dependants . d. Life Insurance: The City shall pay 100% of the premium for the City's life insurance program with a coverage amount of 1 Y2 times the Employee's annual salary plus $20,000. e. Short-term and Long-term Disability — the City shall pay 100% of the premium for the City's short and long-term disability programs F. Annual Leave Benefits 1) Vacation Leave: a. Employee shall accrue 164 hours of vacation leave annually in an equal amount each pay period. b. Employee shall be able to accumulate no more than 300 hours of vacation leave at any time or accruals will cease until the amount is less than 300. c. Vacation usage must be authorized by the City Council. d. Payout of accumulated balance upon separation will be at 100% e. Payout of 40 hours annually, if Employee has used at least 80 hours during the previous twelve months and has reached the maximum accrual level. 2) Sick Leave: a. Employee shall accrue 96 hours of sick leave annually in an equal amount each pay period. b. Sick leave accrual is not limited c. Sick leave usage must be authorized by the City Council. d. Payout of accumulated balance upon separation will be at 50% e. Payout of 40 hours annually, if Employee has used at least 80 hours during the previous twelve months and has reached the maximum accrual level. 3) Floating Holiday: a. Employee shall accrue 10 hours of floating holiday annually on July 1. b. Employee shall not carry any accumulated floating holiday past June 30. c. Floating Holiday usage must be authorized by the City Council. 4) Management Leave: a. Employee shall accrue 64 hours of management leave annually in an equal amount each pay period. b. Employee shall not accumulate more than 64 hours of management leave at any time or accruals will cease until the amount is less than 64. c. Management leave usage must be authorized by the City Council. d. Payout of accumulated balance upon separation will be at 100% e. Payout of up to 64 hours twice annually, in December and June 5) Holidays: a. January a. 1 st (New Year's Day) b. Third Monday in February (Washington's Birthday) c. Last Monday in May (Memorial Day) d. July 4th (Independence Day) e. First Monday in September (Labor Day) f. November 11 th (Veteran's Day) g. Fourth Thursday in November (Thanksgiving Day) h. The day following Thanksgiving Day i. December 24th (Christmas Eve) j. December 25th (Christmas Day) k. December 31 (New Year's Eve Day) N G. Goals and Objectives Setting Within 90 days of Employee's appointment, the City Council and Employee will meet and confer regarding the development of specific performance objectives for the following nine (9) month period. Thereafter, City Council and Employee shall collaborate to establish annual goals and objectives for Employee and the City. H. Employee Performance Review: City Council shall review Employee's performance, salary, and benefits at least once annually and may make any modifications to Employee's salary and benefits to which the City Council and Employee mutually agree. Any changes must be reflected in an amendment to the agreement. Work Schedule The work schedule of the Employee will be determined by the City Council J. Memberships City agrees to pay the fees for Employee's membership in the standard City Clerk Associations and Employee shall have the right to attend meetings of such associations if such meetings are conducted within the State of California and do not interfere with Employee's duties as City Clerk. Attendance at association meetings longer than one day or outside the State of California shall be approved in advance by the City Council K. General Expenses The City recognizes that the Employee will from time to time incur certain expenses of a non - personal and job-related nature. City agrees to reimburse Employee for reasonable and necessary expenses pursuant to any policies and budget that the City may from time to time approve. L. Termination of Employment. Resignation and Severance. 1) City reserves the right to terminate this. Agreement at any time for any or no reason. 2) In the event of termination by the City within six months of any regularly scheduled City Council election, excepting termination due to Employee misconduct, Employee shall be entitled to receive three (3) months salary, accumulated leave up to the date of termination as outlined in Section F, and health and other insurance benefits up to the date of termination as outlined in Section E. "Misconduct" means conviction of a misdemeanor involving moral turpitude, any felony, or willful abandonment of Employee's duties. 3) The parties agree that the severance compensation requirements set forth in this Section shall not limit the City's discretion to terminate Employee, but rather shall serve as a means for determining the amount due Employee in the .19 event of such termination within six months of any regularly scheduled City Council election. 4) Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with City, subject only to Employee giving City thirty (30) days prior written notice. This notice may be waived at the discretion of the City Council and Employee's resignation may be considered effective as of the date that notice is given. M. Jury Duty: Employee will receive full pay and benefits while serving on a jury trial. Any compensation for such jury duty (except travel pay) shall be returned to the City. N. Notices: Any notices to be given hereunder by either party to the other shall be in writing and may be transmitted by personal delivery or by First Class Mail. Mailed notices shall be addressed to the parties at the addresses maintained in the personal records of City, but each party may change that address by written notice in accordance with this section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. O. Entire Agreement. This Employment Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Employment Agreement acknowledges that representation,. inducement, promise, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Employment Agreement shall be valid or binding on either party. P. . Modifications. Any modifications of this Employment Agreement will be effective only if it is in writing and signed by the parties. Q. Effect of Waiver. The failure of either party to insist on strict compliance with any other terms, covenants, or conditions of this Employment Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of that right or power for all or any other times. 5 R. Partial Invalidity. If any provision in this Employment Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. S. Governing Law. This Employment Agreement shall be governed by and construed in accordance with the laws of the State of California, in force and effect as of the date of execution of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Deputy City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO By: Mayor Employee By: Maria Morris Cel