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HomeMy WebLinkAboutMINUTES - 10191999 - SD2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 19, 1999, by the following vote. AYES: Supervisors CILIA, UILKEMA, BESAULNIER and CANCIAMIL LA NOES : NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE SUBJECT: in the Matter of Resolution No. 99/ 555 Approving Employrant ) Agreement with Philip 3 John Batchelor for } County Administrator ) Services ) The County Counsel, as one of this Board' s designated and instructed representatives, has consulted and discussed', compensation Administrator, fringe benefits, etc . ) with the unrepresented County +24Cb inistrator, Philip John Batchelor. In connection with these discussions, County Counsel has indicated that the proposed agreement now before the Board has been approved by the County Administrator and that County Counsel recommends this Board' s review, consideration and approval of the said agreement . Now, therefore, it is by the Board ordered, approved and directed. that I . Having reviewed the said proposed agreement, the agreement is Hereby Approved and the Beard Chair shall execute it for Contra Costa County. 2 . For the class of County Administrator, in lieu of the County contribution provided by the Deferred Compensation Incentive Section (I.B. )of Resolution No. 96/488 or any manner in which this Section (I .B. ) may be continued in force during the tern; of this agreement, the County will contribute eight thousand dollars per year to the County' s Deferred Compensation Plan to the Employee' s account therein, provided that such contribution shall not exceed 33 1/31 of the Employee's taxable income for any involved year. 3 hereby certify that this is a f e and correct togy of an actio c T keys Smith 00 on rs9lmhes of the Board of Sum ort the lot's shown. ATTESTED: PHIL BATCHELOR,Clark df ifss Board of psreisors and lazy A ofat tds trator Orig. Dept: County Counsel Deputy CC: C.t�}suntyAdministrator Auditor-Controller oni✓A..oller H:\„OANN\VZW\batChOrd.wpd RESOLUTION NO. 99/555 EMPLOYMENT AGREEMENT FOR PHILIP JOHN BATCHELOR The County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "Employer" and Philip John Batchelor, hereinafter referred to as "Employee" in consideration of the mutual promises rade herein, agree as follows; ARTICLE 1. TERM OF EMPLOYMENT Section 1.01 Employer will employ Employee for a period commencing October 1, 1999 and continuing through March 30, 2001. PARTICLE 2. DEVOTION TO EMPLOYER'S BUSINESS Section 2.01 a) Employee shall devote his attention to the business of Employer. However, the expenditure of time for charitable, teaching, training, or professional activities and any writings/publications thereof shall not be deemed a breach of this agreement. (b) This agreement shall not be interpreted to prohibit Employee from making personal investments or conducting private business affairs otherwise allowed by applicable statutes and regulations. ARTICLE.3. OBLIGATIONS CSP EMPLOYER Section 3.011 General Description: Employer shall provide Employee with the compensation, incentives, benefits, and business expense reimbursement specified elsewhere in the agreement. Section 3.02 Office and Staff: Employer shall provide Employee with a private office; secretary, staff, office equipment, supplies and all other facilities and services suitable to Employee's position and adequate for the performance of his duties. gm\:HAWP-DOCS\CON T'RACT1Agreement-Contract P Batchelor.wpd Section 3.03 Employer Indemnification: Employer shall defend and indemnify Employee against and for all losses sustained by Employee in direct consequences of the discharge',of his duties on the Employer's behalf for that period of time commencing June 11, 1934 and continuing until the Employee leaves the Employer's service. ARTICLE 4. EMPLOYEE SASE COMPENSATION Section 4.91 Employee shall be compensated annually for services performed during the term of the agreement at a base salary of$14,207 a month. ARTICLE 5. RETIREMENT HEALTH LEAVE AND OTHER CONTINUING BENEFITS Section 5,91 Employee shallbe considered an employee for purposes of eligibility for participation in benefits € oder the Employee's Retirement Act of 1937. Section 5.92 Employee shall be entitled during the term of this agreement to the continuation of all health, dental and retirement benefits which are accorded to other department heeds, an automobile and mileage allowance commensurate with what the Board of Supervisors receives and such other benefits as are contained in the Management Resolution adopted on October 1. 1995 and amended from time to time. The Employee shall also continue to receive annul salary increases at the same time and rate as may be granted after September 30, 1999 by the Employer to all other management and unrepresented classifications and applicable during this agreement's terra. Section 5.93 Employee shall be provided eight thousand dollars as a deferred compensation contribution that will be added to employee's deferred compensation account effective July 1' of each year. If after July 1, but prior to June 30th, of the next gm\H'.\WP-DOCS\CONTRACT1Agreement-Corttract P Batchelormpd succeeding year, for any reason, the employee's employment terminates during this agreement's term or the agreement otherwise expires, the employee shell be entitled to a deferredcompensation account contribution prorated from July 1 to include the time period the employee served prior to the next June 30'. Further, if, for any reason, all or part of such deferred compensation cannot be made into the deferred compensation account, employee shall be entitled to an equivalent lump sum payment. Section 5. 14 At retirement or any other termination of his employee status, the Employee shall be paid his already accrued retention incentive accrual and all other unpaid accruals required by this agreement and/or his unrepresented management employment. All such accrual payments shall be finally calculated based upon the salary and benefits existing at the time of retirement or termination. Section 5.05 The Employee shall receive during the term of this agreement sick and management Dave at the same rate as accorded to all other department heads. Employee shall' accrue vacation at the rate of 23 113 hours per month with the same maximum cumulative hours as other management employees accruing at the same monthly rate. Employee shall be similarly compensated for any unused accruals which exist at the time that employment is terminated. ARTICLE 6, TERMINATION OF EMPLOYMENT Section 6.01 Termination Notice: At the sole discretion of each party, the Employer or Employee (or consultant) may terminate this agreement's employment of the Employee (dr consultant) upon 30 days` prior written notice to the other party subject to any other applicable provisions of this article or agreement. Section 5.02 Employer Termination: Should the employer terminate this agreement during its term, the employee should be entitled to the lesser of three months of severance salary pay or salary payment for the remainder of the agreement's term through /March 30, 2001, calculated as provided in Section 5.04, If the employee is terminated in a consultant capacity, he shall not be entitled to severance pay for the ending of that consultant'status. gm\:H:\WP-DOCSICONTRACT\Agreement-Contract P Batdreiormpd 3 Section 6.63 Employee Termination: Should the employee terminate his status as an employee or consultant pursuant to this agreement, he shall not be entitled to severance pay as provided in section 6.02, but will be entitled all other accruals as provided in this agreement and the continuing benefit of sections 3.03 and 6.05. Section 6.04 Consultant status: If Employee terminates his obligation of employment (as an employee) with Contra Costa County, the Employer may at that time direct (with;the Employee's agreement) that the Employee shall thereafter be employed as a contract County Administrator performing the same responsibilities and duties at the same salary level. This subsequent consultant employment would end March 34, 2001, unless sooner terminated or further extended, as provided herein. Section 6.05 Consultant Indemnification: in performing services for the County, the consultant (former Employee) shall be regarded as an,employee of the County for purposes of the Fort Claims fact (Gov. Code section 625 et seg.) and protected by the same immunities and right to indemnification extended by that Act to ,public employees. ARTICLE 7. aENERAL PROVISIONS Section 7.01 Entire Agreement: Effective October 1, '1099 this agreement supersedes any and all other agreements (except as to the Employee's already accrued retention incentive accrual), either oral or in writing, between the parties hereto with respect to the employment of Employee by Employer and contains all of the convenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this agreement acknowledges that no representation, inducements, promises, or agreements, rurally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding on either party. gm1:H:1WP-DOCSICONTRACTWgreement-Contract P Batchelarmpd 4 Section 7.02 Modifications, Any modifications of this agreement will be effective only if it is in uniting and signed by both parties. Section 7.03 Partial Invalidity: If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full farce and effect without being unpaired or invalidated in any way. Executed on October , 1999, at Martinez, California. COUNTY OF CONTRA COSTA N CIAMILLA x air f the Board of Supervisors .a iCTOR J. ST AN County Counsel - PHILIP JOHN BATCHELOR County Administrator gm\:Ht1WP-DOCS\CONTRACTWgreement-Contract A Satchelonwpd 5