HomeMy WebLinkAboutRIDGE, KRISTINEA-2019-056
INSURANCE N07 RE QUJRRo
WCJPI(li1A'Y PROOC�
CLEFQK CF CoUNCfI< CITY OF SANTA ANA
Ate. APR 3 0 2019
CITY MANAGER EMPLOYMENT AGREEMENT
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This City Manager Employment Agreement ("Agreement") is entered into as of
the 19th day of March, 2019 (the "Effective bate"), between the City of Santa Ana (hereinafter
mferred to as the "City") and Kristine Ridge (hereinafter referred to as the "City Manager" or the
"Employee"). City and City Manager/Emplayee are sometimes referred to in this Agreement as
"Party," and collectively as "Parties"
BY,01ALS
WHEREAS, the City Council of the City desires to appoint and employ
Employee as City Manager pursuant to the Charter of the City of Santa Ana. ("City Charter"),
and
WHEREAS, the Employee desires to accept the appointment as the City Manager
of the City, and
WHEREAS, it is the desire of the City Council and Employee to set forth certain
benefits, establish certain conditions of employment and to set certain working conditions of the
City Manager in an Employment Agreement.
NOW, THEREFORE, the above named Parties hereby mutually agree and
promise as follows,
1, Appointment an .m,
A. City hereby appoints and retains Kristine Ridge to serve as City Massager of the
City of Santa Ana and Kristine Ridge hereby accepts such employment with City beginning on _Ul,;,tti
1st 2019, and continuing until City Manager or City Council terminates this Agreement pursuant to
Section 9 below.
B. Jhe Term of this Agreement shall be for three years, commencing on —M@y 1 ,
2019 and ending on &1fl 30t , 2022, unless extended or terminated as provided herein, On April-0th,
2020, and annually on each succeeding April 30th while this Agreement is effective, the Term of this
A&neensent shall be automatically extended for one additional year. For example, on April 30th 2020 the
"Texan of this Agreement shall be automatically extended until April 300i 2023, on April 30th2021 the
Term of this Agreement shall be extended until April 30th, 2024, and so on, unless prior to such date by
a Majority vote of the total membership of the City Council in attendance at a lawfully called meeting,
the City Council takes forms] action to declare its intention to not extend this Agreement for ono
additional year. Any such decision by the City Council to not extend the 'Tenn by one additional year
shall constitute a termination of this Agreement effective upon completion of the remaining two year
teen.
2. C'oll]Pensration.
2.1 Annual aalary
City agrees to pay City Manager, and City Manager agrees to accept from City, as
compensation for services rendered by City Manager pursuant to this Agreement, an annual
salary, commencing on the Effective Date, in the amount of two hundred and nighty thousand
dollars ($ 290,000.00) (hereinafter "Annual Salary"), payable in installment payments in the
same mamrer and at the same times as salaries of other executive managers of the City are paid.
2.2 Benefits
2.2.1 F`na1 l yee !?9?ts
Except as otherwise expressly provided for in this Agreement (te. sick leave, vacation,
car allowance, 457 deferred compensation), City Manager shall be entitled to receive the same benefits
provided to other Executive Management employees pursuant to Resolution No. 2015-026, as may be
amended from time to time by the City Council. These benefits include, but are not limited, to health
insurance (medical, dental, vision), holidays, retiree health savings plan, and disability insurance, and
bereavement leave.
2.2.3 Sick Leave Bank
Upon employment with the City, City Manager shall be provided a bank of 40
hours of Sick Leave,
2.2.4 Sick. Leave Accrual
City Manager shall accrue 8 hours of sick leave per month.
2.2.5 vacation Allowance
Upon employment with City, City Manager shall be provided a bank of 80 hours
of vacation leave and shall accrue at a monthly rate equal to 160 hours per year.
2.2.6 Ca1P 'R embea lri
As a classic member under CalPERS, City Manager will be enrolled in the 2.7%
at age 55 benefit formula and shall be responsible for paying the corresponding employee
contribution per Cal PEES requirements as they exist today or as may be amended by the
legislature. As of the effective date of this Agreement the applicable contribution rate for
miscellaneous classic members is 8%,
2.2.7 Life Insgrance
City will purchase fife insurance for City Manager in the amount of five hundred
thousand dollars ('$500,000).
2.2.8 eared i n 1+� - 45 t' t
City agrees to provide a Section 457 deferred compensation program for City
Manager and to pay the maximum IRC 457 (b) normal contribution limit per year (prorated for
2019) into such program for City Manager's benefit. Payments shall be divided and deposited oil
City Manager's behalf for each pay period. The normal contribution limit is currently $19,000,
3. Pe formanc _E I lion.
The Mayor and the City Council are responsible for setting performance goals on
an annual basis in consultation with the City Manager. The City Council shall review and
discuss City Manager's performance in or around July of each year commencing in 2019.
However, Employee acknowledges and accepts the fact that the City Council as Employer has
the right to schedule and an evaluation session at any time in accordance with the notice and all
other requirements of the Brown Act. As a result of the perfornance evaluation and at the City
Council's sole discretion, the City Council may provide a salary increase and/or performance
bonus.
4. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City
Manager under any law or ordinance.
5. 'fransportation and Getteral Busjtt ss Exjwtt,
5.1 Vehivi
City shall provide City Manager with a vehicle, as well as fuel, maintenance and
liability insurance for said vehicle, for City Manager's use in commuting, in the performance of
her employment duties and for incidental personal use, or In the alternative, a monthly allowance
of $500.
5.2 General Business Ex ens
A. City agrees to budget and pay for professional dues and subscriptions for
City Manager necessary for her continuation and participation in national, regional, state and
local boards, task -forces, conferences and meetings, associations and organizations desirable for
City Manager's continued participation, professional growth, and advancement, and for the
benefit of the City.
13, City agrees to budget and pay for travel and subsistence expenses of City
Manager for professional and official travel, board and task -force meetings, and occasions to
adequately continue the professional development of City Manager and to pursue necessary
official functions for City.
C. City shall provide City Manager with the necessary technology tools,
including and not limited to computer, software, cell phone and such other technologies as
required by City Manager to perform her duties and to maintain communications.
6. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243,1 and 532412, which
became effective on January 1, 2012, if City Manager is convicted of a crime involving an abuse
of his office or position, all of the following shall apply: (1) if Manager is provided with
administrative leave pay pending an investigation, City Manager shall be required to fully
reimburse City such amounts paid; and, (2) if City pays for the criminal 'legal defense of City
Manager (which would be in its sole discretion, as it is generally not obligated to pay for a
criminal defense), City Manager shall be required to fully reimburse City such amounts paid.
For purposes of this Section, abuse of office or position means either; (1) an abuse of public
authority, including waste, fraud, and violation of the, law under color of authority; or (2) a crime
against public justice, including, but not limited to, a crime described in 'title 7 (commencing
with Section 92) of Part 1 of the Penal Code.
Notices.
Any notice required or permitted by this Agreement shall be in writing and shall
be personally served upon the other Party, or sent by United States Postal Service, postage
prepaid and addressed to the appropriate Party as follows:
If to City: City Attorney
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
If to City Manager: Kristine Ridge
City Manager
Address on File with the
Human Resources Department
Notice shall be deemed given as of the date of personal service or upon the date of
deposit in the course of transmission with the United States Postal Service.
S. otars_ttf Fork Regional
i�iaison.
8.1 uti
City hereby agrees to employ Employee as City Manager of the City of Santa Ana
to perform the functions and duties specified in the City Charter of the City of Santa Ana, and to
perform such other legally permissible duties and functions as the City Council may from time to
time assign.
8.2 ArqeMgjLce of Atrt�o)�xgitd
Employee hereby accepts the appointment as City Manager of the City of Santa
Ana subject to all terms and. conditions set forth in this Agreement.
83 HQAixoLWAk
it is recognized that City Manager devotes a great deal of time outside the normal
City Hall office -hours schedule, and to that end, City Manager shall be allowed to establish her
work schedule, taking into consideration that she is responsible for the supervision of employees
and has responsibilities to serve all departments of the City.
9, Terpeaipaiiarca,.
9.1 Gokernm�k Code 53'rfi0( TSj� ar,
Government Code section 53260(a) provides that all City employment
agreements shall include this disclosure that regardless of the term of the employment
agreement, if the agreement is terttrinated, the rnaximi im cash settlement that an employee may
receive shall be an amount equal to the monthly salary of the employee multiplied by the number
of months left on the unexpired term of the agreement. However, if the unexpired term of the
agreement is greater than 18 months, the maximum cash settlement shall be an amount equal to
the monthly salary of the employee multiplied by 18,
9.1 e i at' Without Cause
ause
The City Council may, in its absolute discretion, terminate the City Manager
without cause or reason such termination would be effective Upon completion of the terra of this
Agreement as stated in Section 1(B). To terminate the City Manager the termination must be
approved by at least two-thirds (2/3) of the members of City Council at a regular meeting held in
accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.),
The City Manager acknowledges the provisions of Section 500 of the Santa Ana City Charter
pertaining to notice and adoption of a .Resolution and notwithstanding such provisions agrees the
City Council is not required to provide a notice of causes or reasons for termination and is not
required to provide any type of hearing regarding termination.
9.2 Terminaattiorr_- geie in EQw)-pf liverruncrtt
If any of the governing policies pertaining to the role, power, duties, authority, or
responsibilities of City Manager are amended to substantially change City's form of government,
either by action of the City Council, a duly passed initiative measure or state legislation, City
Manager shall have the right to terminate the Agreement.
9.3 Reduction of-atof-&Laty ar Elgnef is
If the City Council reduces the Annual Salary or any other financial benefit of the
City Manager in a percentage that is greater than the average reduction of base salary for all
executive directors of the City, the City Manager shall have the right to terminate this
Agreement.
9A ICesig an tnon
City Manager may voluntarily terminate this Agreement, after giving City at least
sixty (60) days written notice prior to the effective date of such resignation, unless such notice is
waived in whale or pan by the City Council. in the event the City Manager resigns from her
employment with City, the City Manager shall not be entitled to any pay or benefits with
exception of those which have been lawfully accrued and are payable under the City's existing
policies.
9.5 Mut�m
This Agreement may be terminated without regard to Section l (B) upon mutual
agreement in writing by the Parties.
Notwithstanding any provision of this Agreement or the Santa Ana City Charter to the
contrary, City may terminate City Manager's employment for cause at any time and without
prior notice. "Cause" shall include the following reasons:
(a) Conviction of a crime, whether misdemeanor or a felony, involving moral turpitude,
For purposes of this paragraph, a plea of nolo contenders shall also be considered a conviction,
(b) City Manager is determined by a court of competent jurisdiction or the State of
California Fair Political Practices Commission to have knowingly and unlawfully participated in
a governmental decision in which he had a conflict of interest as defined in Government Code
Section 87100, et seq. or Government Code Section 1090 e1 seq.
(c) Failure to follow a lawful directive of the Council after written notice of said failure
is provided to City Manager approved by four (4) or more affirmative notes of its seven ('7)
members.
(d) Continued abuse of drugs or alcohol that materially affects the performance of the
6
City Manager's duties.
(e) Repeated and protracted unexcused absences from the City Manager's office and
dudes.
(f) Violation of any provision of ICMA .Ethics for which ICMA has sanctioned City
Manager.
10. C enural-1'Leylsions.
10.1 This writing constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes all prior oral or written representations or
written agreements on the subject matter hereof, which may have been entered into between the
parties, No modification or revision to this Agreement shall be of any force or effect, unless the
same is in writing and executed by the Parties hereto.
lU Each Party agrees and acknowledges that no representations, inducements,
promises, or agreements, oral or otherwise, have been made by any 'Party, or anyone acting on
behalf of any Party, which are not embodied herein and that any agreement, statement, or
promise not contained in this Agreement shall not be valid or binding on either Party.
10.3 If any provision, or portion thereof, contained in the 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.
10A This Agreement shall be governed by and construed in accordance with
the law of the State of California.
10.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the Panty receiving a benefit nor against tine Party
responsible for any particular language in this Agreement.
10.6 Employee acknowledges that she has had an opportunity to consult legal
counsel in regard to this Agreement, that she has read and understands this Agreement, that she
is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based
on her own judgment and not on any representations or promises other than those contained in
this Agreement.
11. Communications in the Event of Terrnninatie
11.1 In the event the City terminates Employee for any reason or no
reason, the City and Employee agree that no member of the City Council or City employees
acting on behalf of the City shall snake any written, oral, or electronic statement to any
member of the public, the press, or any city employee concerning the ;Employee's
termination except in the form of a joint .press release or statement, which. is mutually
agreeable to the City and the Employee. The joint press release or statement shall not
contain any text or information that is disparaging to either Party, Either Party may verbally
repeat the substance of the joint press release or statement in response to any inquiry,
12. Indemnificaation.
12.1 City shall defend, hold harmless and indemnify City Manager against any
tort, professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of any alleged act or omission occurring in the performance of City
Manager's duties or resulting from the exercise of her judgment or discretion in connection with
the performance of her duties. City shall not unreasonably refuse to provide for legal
representation at City's expense, Segal representation, provided by City for City Manager, shall
extend until a final determination of the legal action including any and all losses, damages,
judgments, interests, settlements, fines, court costs, and the reasonable costs and expenses of
legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and
all other trial and appellate costa, and other liabilities incurred, imposed upon, or suffered by
such City Manager in connection with or resulting from any claim, action, suit, or proceeding,
actual or threatened, arising out of or in connection with the performance of City Manager's
duties.
12,2 City agrees to pay all reasonable litigation expenses of City Manager
throughout pendency of any City -related litigation to which City Manager is a party, witness or
advisor to the City. Such expense payments shall continue beyond City Manager's employment
with the City as long as litigation is pending. Post -employment, City agrees to pay City Manager
for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a
witness, advisor or consultant to City regarding pending litigation.
13, Confidentiality.
City Manager acknowledges that in the course of her employment contemplated herein, City
Manager will be given or will have access to confidential and proprietary docuanents and
information relating to the City, its residents, businesses, employees, and customers ("Confidential
Information"). Stich Confidential Information may include, but is not limited to, all information
given to or otherwise accessible to City Manager that is not public information or would be exempt
from public disclosure as confidential, protected, exempt, or privileged information. City Manager
shall hold the Confidential Information in trust for the City's benefit and shall not disclose the
Confidential Information to others without the express written consent of the City, All Confidential
Information shall be promptly returned to the City immediately upon the effective date of any
ternunation or resignation.
14. C+nforcement.
The prevailing party in any action brought to enforce this Agreement or to resolve any
dispute or controversy arising under the terms and conditions hereof shall be entitled to payment of
reasonable attorneys' fees and costs.
IN WITNESS WHEREOF, the Parties have executed this City Manager Employment
Agreement as of the $ ® day of ,,,,,, 20I9.
EMPLOYE' EICITY MANAGER
Art
6ne Ridge
CITY OF SANT4 ANA Approved as to Forma
Lot City Attorney
ATTEST;
p
Norma Mitre
Acting Clerk of