HomeMy WebLinkAboutCC RESO 2023-181 City Manager Agreement - Benjamin A. MartinezRESOLUTION NO. 2023 — 181
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPOINTING BENJAMIN A. MARTINEZ AS CITY MANAGER. AND AUTHORIZING THE
MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND BENJAMIN A. MAI TINEZ WITH THE EFFECTIVE DATE OF
DECEMBER 5, 2023.
WHEREAS, Benjamin A. Martinez was working in the capacity of Interim City Manager
and was selected as City Manager for the City of National City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City as follows:
SECTION 1. Benjamin A Martinez is hereby appointed to the position of City Manager
for the City of National City effective December 5, 2023.
SECTION 2. In consideration of Mr. Martinez's acceptance of the appointment made
hereinabove, the City Council hereby approves the following employment terms and conditions:
A. Commencement of Erlaplcyrment.
December 5, 2023, is hereby designated as the date of commencement of
Benjamin A. Martinez's duties to serve as City Manager.
B. Salary / Compensation
The initial base salary to be paid to Benjamin A. Martinez for his services as City
Manager shall be $255,719 annually, then $272,238 annually effective February
1, 2024. In adc ition, Benjamin A. Martinez will receive either an Employer
employer -provided vehicle or $9,000 per year for a Vehicle Allowance payable
in accordance with the City's customary payroll practices. Further, he wil'I receive
Employer -provided housing equivalent to a monthly housing allowance of 200
a month.
C. Benefits
In addition to base salary, Benjamin A. Martinez shall receive such other benefits
as are provided to the Executive Group of the City, including holidays, vacation
leave, executive leave, sick leave, and insurance and retirement benefits.
SECTION 3. The Mayor is hereby authorized to execute an Employment Agreement
between the City of National City and Benjamin A. Martinez, attached to the Agenda Report as
Exhibit A, as City Manager from December 5, 2023, through June 30, 2026, or unless sooner
terminated by the Employer or Employee as provided in Section 9, 10 or 11 of the Agreement.
Said Agreement is on file in the Office of the City Clerk.
ATT
EST: .
PASSED and ADOPTED this 5th day of December 2023
Shelley Chapel
x_t„.
C, City lark
APPROVED AS TO FORM:
Morrison, ayor
Barry J . S
City Attorney
Passed and adopted by the City Council of the City of National City, California, on
December 5, 2023 by the following roll -call vote, to -wit:
Ayes:
Nays:
Absent:
Abstain:
Bush, Rodriguez, Yamane, Molina, Morrison
None.
None.
None,
AUTHENTICATED BY:
re rl"
,. 91
We -
OF
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BY:
Ron Morrison
Mayor of the City of National City, California
},t)
City Clerk of the CO of NationaliCity, California
am, kt
Shelley Chapel, MMCCity Clerk
EMPLOYMENT AGREEMENT
CITY MANAGER
TABLE OF CONTENTS
Introduction
Section
Section 2
Section 3
Section
Section 5
Section
Section 7
Section
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Term
Duties and Authority
Compensation
Health, Disability and Life Insurance
Benefits
1
1
1
1
Vacation, Sick and Military Leave 1
Monthly Vehicle Allowance;
Employer Furnished Vehicle
Retirement
General Business Expenses
Termination
Severance
Resignation
Performance Evaluation
Hours of Work
Outside Activities
indemnification
Housing
Other Terms and Conditions of
Employment
Notices
Section 19General Provisions
2
2
2
3
3
4
4
4
4
4
5
5
5
EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into this 5th day of December, 2023, by
and between the City of National City, a municipal corporation, (hereinafter cabled "Employer")
and Benjamin A. Martinez (hereinafter called "Employee") an individual who has the education,
training and experience in local government management to perform satisfactory the duties of
the City Manager, both of whom agree as follows:
Section 1 Term.
This Agreement shall remain in full force and effect commencing December 5, 2023 through
June 30, 2026 unless sooner terminated by the Employer or Employee as provided in Section 9,
10 or 11 of this Agreement.
Section 2 Duties and Authority.
Employer agrees to employ Benjamin A. Martinez as City Manager, on an at -will basis,
to perform the functions and duties specified in the National City Municipal Code and the
California Government Code, and to perform other legally permissible and proper duties and
functions, commencing on December 5, 2023.
Section 3 Compensation.
A. Base Salary: Employer agrees to day Employee an annual base salary of Two Hundred
Fifty -Five Thousand Seven Hundred and Nineteen Dollars ($255,719.00) payable in installments
at the same time that the other Executive employees of the Employer are paid. Effective
February 1, 2024 Employer agrees to pay Employee an annual base salary of Two Hundred
Seventy —Two Thousand Two Hundred and Thirty -Eight Dollars ($272,238.00) reflecting the
last installment of the equity increase for the City Manager position.
Section 4 Health, Disability and Life lnsurance Benefits.
A, The Employer agrees to provide Employee a cafeteria health benefit of $1,200.00
per month.
B. The Employer agrees to put into force and to make required premium payments
for long-term disability coverage for the Employee.
C. The Employer shall pay the amount of premium due for term life insurance in the
amount of $150,000. The Employee shall name the beneficiary of the life insurance policy.
Section 5 Vacation, Sick and Military Leave.
A. The Employee shall accrue sick, vacation leave, and other paid leave on an annual
basis at the rate provided to Executive employees.
B, The Employee is entitled to receive vacation leave, executive leave, sick leave,
insurance and retirement benefits in accordance with those benefits provided to the Executive
Group of the City.
C. The Employee shall be entitled to military reserve leave time pursuant to state law
and City policy.
1 2023 rloymnt Agreement
City Manager
Section 6 Monthly Vehicle Allowance; Employer Furnished Vehicle.
The Employer agrees to pay to the Employee, duping term of this Agreement and in
addition to other salary and benefits ]herein provided the sum of $9,OC)O.00 per year, payable at
$750.00 per month, as a vehicle allowance to be used to purchase, lease, or own, operate and
maintain a vehicle. The Employee shall be responsible for paying for liability, property damage,
and comprehensive insurance coverage upon such vehicle and shall further be responsible for all
expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of
said vehicle. The Employer shall reimburse the Employee at the IR,S standard mileage rate for
any business use of the vehicle beyond the greater National City area. For purposes of this
Section, use of the car within the greater National City area is defined as travel to locations
within a 50-mile radius of the National City Civic Center.
In lieu of receiving a vehicle allowance, the Employee may elect to have the use of an
Employer furnished vehicle for the performance of official duties and commuting to and from
work. Employer will provide vehicle maintenance, fuel, and insurance for such vehicle.
Section 7 Retirement.
The Employer agrees to enroll the Employee into the Public Employees' Retirement
System and to make all the appropriate contributions on the Employee's behalf, for the required
Employer share, Employee shall pay the entire employee share, which is 8% at this time and any
changed rate during the term of this Agreement. Employee shall pay an additional i% of the
required Employer's normal cost share, in line with the retirement posts paid by other CaIPERS
classic plan member Executive employees.
Section 8 General Business Expenses«
1. Employer agrees to budget for and to pay for professional dues and subscriptions
of the Employee necessary for continuation and full participation in national, regional, state and
Iocal associations, and organizations necessary and desirable for the Employee's continued
professional participation, growth, and advancement, and for the good of the Employer.
2. Employer agrees to budget for and to pay for travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions to adequately continue the
professional development of Employee and to pursue necessary official functions for Employer,
including but not limited to the ICMA Annual Conference, the League of California Cities, and
such other national, regional, state and local governmental groups and committees an which
Employee services as a member.
3. Employer also agrees to budget for and to pay for travel and subsistence expenses
of Employee for short courses, institutes and seminars that are necessary for the Employee's
professional development and for the good of the Employer.
4. Employer recognizes that certain expenses of a non -personal but job -related
nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The
Administrative Services Director is authorized to disburse such moneys upon receipt of duly
executed expense or petty cash vouchers, receipts, statements or personal affidavits.
5. The Employer acknowledges the value of having Employee participate and be
directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the
2023 Employment Agreement
City Manager
reasonable membership fees and/or dues to enable the Employee to become an active member in
local civic clubs or organizations.
6. The Employer shall provide Employee with a computer, software, faximodem,
and cell phone required for the Employee to perform the job and to maintain communication.
Section 9 Termination.
For the purpose of this Agreement, termination shall occur when:
i. The majority of the Employer's City Council votes to terminate the Employee at a
duly authorized public meeting.
2. If the Employer, ciNzena or legislature acts to amend any provisions of the state or
local law pertaining to the role, powers, duties, authority, and responsibilities of the Employee's
position that substantially changes the form of government, the Employee shall have the right to
declare that such amendments constitute ternunation,
3. If the Employer reduces the base salary, compensation or any other financial
benefits of the Employee, unless it is applied in no greater percentage than the average reduction
of all department heads, such action shall constitute a breach of this Agreement and will be
regarded as a termination.
4. If the Employee resigns following an offer to accept resignation, whether formal
or informal, by the Employer as representative of the majority of the governing body that the
Employee resign, then the Employee may declare a termination as of the date of suggestion.
S. Breachofcontract-declared- by-either-pazty--with-a-30-day-cure - period -for -either --- -
Employee or Employer. Written notice of a breach of contact shall be provided in accordance
with the provisions of Section 18.
Section 10 Severance.
The Employee is an at -will employee, serving at the pleasure of the Employer's City
Council, This Agreement, and the Employee's employment with the Employer, may be
terminated with or without cause by the Employer's City Council. In the event the Employee is
terminated for cause, or voluntarily resigns his position with the Employer, then the Employee
shall not be entitled to the payment of Severance by the Employer.
In the event the Employee is terminated by the Employer other than for cause, and during
such time that Employee is willing and able to perform his duties under this Agreement, then
Employer agrees to pay Severance equal to one-half year's base salary at the current rate of pay.
This Severance shall be paid in one lump sum unless otherwise agreed to by the Employer and
the Employee.
In the event of Severance, the Employee shall also be compensated for all accrued sick
and vacation leave. If the Employee is terminated because of a conviction of a felony, then the
Employer is not obligated to pay Severance under this section.
If the Employee is convicted of a crime involving an abuse of office or position, then
regardless of the term of the contract, if the Employee is terminated, any cash settlement,
including severance, related to the termination received by Employee from Employer shall be
fully reYmbwrsed to the Employer.
3 2023 Employment Agreement
City Manager
Section 11 Resignation.
In the event that the Employee voluntarily resigns his position with the Employer, the
Employee shall provide a minimum of thirty (30) days' notice unless the parties agree otherwise.
Section 12 Performance Evaluation.
Employer may annually review the performance of the Employee in the EmpIoyee's
anniversary month subject to a process, form, criteria, and format for the evaluation which shall
be mutually agreed upon by the Employer and Employe. The process at a minimum may
include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss
the evaluation, and (3) present a written summary of the evaluation, results. The final written
evaluation should be completed and delivered to the Employee within thirty (30) days of the
evaluation meeting.
Section 13 Hours of Work.
It is recognized that the Employee must devote a great deal of time outside the normal
office hours on business for the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule, compatible with the normal business hours of the City of
National City.
Sect.ion.i4.Outs.ideActMtie..................................-
Notice and Consent; Employee shall give written notice Co Council for Council's
approval of any new outside activities of Employee.
Section 15 lndemniflcation.
In accordance with federal, state or local law, Employer shall defend, save harmless and
indemnify Employee 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 course and scope of the performance of Employee's duties as City Manager, or resulting
from the exercise of judgment or discretion in connection with the course and scope of
performance of program duties or responsibilities, unless the act or omission involved willful or
wanton conduct, In such cases, the Employee may request and the Employer shall not
unreasonably refuse to provide independent legal representation at the Employer's expense and
the Employer may not unreasonably withhold approval. Legal representation provided by
Employer for Employee shall extend until a final determination of the legal action, including any
appeals brought by either party. The Employer shall indemnify Employee against any and all
losses, damages, judgrnents, interest, settlements, fines, court costs, and other reasonable costs
and expenses of legal proceedings, including attorneys fees and any other liabilities incurred by,
imposed upon, or suffered by such Employee 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 the Employee in the course and scope of her duties. Any settlement of any claim
must be made with prior approval of the Employer in order for indemnification, as provided in
this Section, to be available.
Employee recognizes the Employer shall have the right to compromise and settle any
claim or suit. Further, Employer agrees to pay all reasonable litigation expenses of Employee
throughout the pendency of any litigation to which the Employee is a party, witness or advisor to
the Employer. Such expense payments shall continue beyond Employee's service to the
2023 Employment Agreement
City Manager
Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable
consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to
Employer regarding pending litigation.
If Employee is convicted of a crime involving an abuse of his office or position, as
defined in Government Code section 53243.4, then Employee shall fully reimburse Employer for
any funds provided for Employee's criminal defense, if any such funds were provided pursuant
to or consistent with this Section. This paragraph shall not be construed as creating or implying
an obligation by Employer to provide a criminal defense to Employee.
Section 16 Housing.
During such time as Employee is City Manager and agrees to maintain his principal
residence in National City, Employer agrees to provide housing to Employee equivalent to a
monthly housing allowance of $1,200 a month. Employee shall be responsible to pay the
monthly cost of all utilities.
Section 17 Other Terms and Condltlons of Employment.
A. The Employer shall fix any such other terms and conditions of employment, as it
may determine from time to time, relating to the performance of the Employee, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement, the National City Municipal Code, or any ether law.
B._ Except as otherwise provideinthis Agreement, the Employeeshall e entitledto
the highest level of benefits that are enjoyed by other appointed employees of the Employer as
provided in the Municipal Code or by practice.
Section 18 Notices.
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: Mayor
City of National City
1243 National City Boulevard
National City, CA 1 50- 3 1
EMPLOYEE: j a i A. Martinez
[At the address of the
Employee's principal
residence]
Alternatively, notice required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the
date of personal spice or as the date of deposit of such written notice in the course of
transmission In the United States Postal Spice.
Section 19 General Provisions.
A. Integration. This Agreement sets forth and establishes the entire understanding
between the Employer and the Employee relating to the employment of the Employee by the
Employer. Any prior discussions or representations by or between the parties are merged into
and rendered null and void by this Agreement, The parties by mutual written agreement may
amend any provision of this Agreement during the life of the Agreement. Such amendments shall
be incorporated and made a part of this Agreement.
2023 Employment Agreement
City Manager
B. Bludikg Eff0t. Ag.te6MontShali .be. the Empkiyer and the
Employee.. •4$ well as their heirs asigias, executors, persomal representatives and successors hi
interest.
C. groemeo shaltbeome effect:Ivo on PpceMber5, 2O23
D..Sverabffity. Thc: invalidity or partiI irivalidity of any portion ofthis Agreemont
11.1: not effect the validity of any :.:other : pit.*181.6iL In the eVentthat atiy provision o•
Agreement is helct to be invnlid,:the remaining provision shi11 be dedited to be in full fbt.
effeet as if they liave been executed .by both. parties •subsoquont to the expungement or judicial
.104 of' the
:Applictibk. TAW, This Agreement.shall be governedby and con
accordance with thc laws of the State of Califbrnia,
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haS':::dottri d, appropriate,_eblitdrn: thiS.:Agreement, 4)
0411 party ad such party' s counset and advisors have reviwed thts Agreement,: (5.). each party
ha igreed to enter into this Agreemnt foliowing suth rview aiid the oricieriag :or such .advice,
mid. (6) any rule. eonstruetion. to the effeet that arnbiguities are to rool.v44. against the
to .consult with its
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20.23 EmP1YPiLt1t., Agreement
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