AGR-7273 - THOMAS R HATCH - AGREEMENT FOR EMPLOYMENT OF INTERIM CITY MANAGER6,R-7a 3
CITY OF ORANGE
AGREEMENT FOR EMPLOYMENT
OF CITY MANAGER
THIS AGREEMENT,made and entered into to be effective on October,2021 {"Effective
Date"), by and between the CITY OF ORANGE, a municipal corporation, hereinafter referred to as
City"and THOMAS R. HATCH, an individual.
1. In lieu of the retirement of City Manager Richard Otto, effective October 4, 2021, the .
City has initiated a nationwide recruitment for his replacement. Due to the uncertainty with regard to
the length of time required to complete the recruitment and hiring process, the City desires to fill the
City Manager position on an interim basis. The City desires an interim City Manager with a wide
breadth of public sector experience.
2. The City has requested the services of Thomas R. Hatch to serve as City Manager on an
interim basis until the recruitment and hiring process is complete. Mr. Hatch has 34 years of varied
public sector experience, with nearly 8 years as City Manager in a similar size city, and serving most
recent as the Chief Human Resources Officer with the County of Orange. Thomas R. Hatch (hereafter,
Ciry Manager")desires to perform the duties of City Manager for the City and hereby accepts the terms
and conditions set forth in this'Agreement.
3. Term
a.The initial term of this Agreement is one year from the Effective Date, subject to
early termination as provided herein.
b. The parties may agree to extend the Agreement at any time prior to the
termination of the Agreement. Any extension, if properly exercised, shall be memorialized in the form
of an amendment to this Agreement, executed in writing by th parties.
4. Compensation
Effective upon execution of this agreement, the salary of the City Manager will be .
22,833.33 per month and shall be paid in the sttrne manner and at the same times as other monthly
salaries in the City are paid. During the term of this Agreement if any across the board salary increases
are approved for the Non-Safety Executive Mana em ent Team listed in Exhabit"A"to Resolution No.
11332 or as such Resolution may be amended, then the City Manager shall be entitled to the same
increase.
5. Benefits
a.In addition to any benefits provided in this Agreement, City Manager shall
receive those benefits and be governed by all applicable rules and regulations related to those benefits
provided for Executive Directors in Resolution No. 11332 or as such Resolution may be amended;
provided that it is understood that the City Manager shall pay Miscellaneous Member Contributions to
the California Public Employees' Retirement System at the same level and in the same manner as the
Executive Management Team as provided in Resolution No. 11332 or as such Resolution may be
amended.
b.City Manager shall receive an annual deferred compensation contribution of
6,400. The amounts contributed by the City shall he subject to the terms and conditions of the City of
Orange Deferred Compensation Plan.
c.In lieu of being provided a City-issued cell phone pursuant to Section 1.63 of the
City's Administrative Policy Manual, the City Manager shall receive the non-campensation earnable
amount of$i25 per manth as reimbursement for any and all cost related to the purchase and use of a
cell phone for City-related business.
d.In recognition of the City Manager's significant public sector experience, the
parties agree that paid vacation accrual, in accordance with Resolution No. 11332, Exhibit A, Section
19, shall be commensurate with an employee with 20 years of service, and accrue at a rate of 224
vacation hours per year.
6. Termination
a.The City reserves the right to terminate this Agreement for any reason by
providing the City Manager 30 days' written notice of its election to terminate as authorized by a
majority of the City Council. The City and City Manager agree that, due to the nature of service under
this Agreement on an interim basis, the termination provisions for City Manager as provided in the
Orange Municipal Code do not apply. As such, termination shatl be effective in 30 days, as set forth
above.
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b. The parties agree that in the event of termination of this Agreement the City
Manager is entitled to no severance payments or service credits and shall waive any rights, claims, or
any other actions arising out of termination of this Agreement.
7. In the event the City Manager voluntarily resigns his position with the City before
expiration of the term of this Agreement or any extension thereof, he shall give the City Council 30
days' written notice, unless the parties agree otherwise.
8. The City Manager shall notify the Mayor and City Council in writing of any absence in
excess of twenty four hours from outside 4range and the contiguous counties. The City Manager shall
provide a telephone number{s} where he can be reached during such absences, Said notices shall
designate an Acting City Manager who shall be authorized to perform the duties and responsibilities of
the City Manager in his absence.
9. Neither party may assign the performance of this Agreement.
10. This Agreement may be amended in writing signed by both parties.
11. This A reement contains the entire agreement of the parties and no promises or
representations not included in this Agreement shall have any force or effect. Each party agrees that
they have engaged in arms-length bargaining and have been provided the opportunity to have the
Agreement reviewed by an attorney of their choice.
12. If any provision or portion hereof is held unconstitutional, inv&lid or unenforceable,the
remainder of this Agreement shall be deemed severable and shall not be affected and shall remain in full
force and effect, and the City Council and the City Manager shall be deemed to have intended to enter
into this Agreement even absent such provision or portion hereof.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective on
the date and year first written above.
DATE OF EXECUTYON:CITY UF ORAN E, a municipal corporation,
a i C o 1
Mark A. Murphy, Mayor
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ATTEST:
Pamela Coieman, City Clerk
DATE UF EXECUTION:TkYOMAS R. HATCH, an indiviclual,
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AP O'V D AS TU F RM:
Gary A. h atz, City Atto
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