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HomeMy WebLinkAbout2021-116-12/07/2021-AUTHORIZING THE FIRST ADDENDUM TO CITY ATTORNEY CARRIE DAGGETT'S EMPLOYMENT AGREEMENTFIRST ADDENDUM TO CITY ATTORNEY EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT to Employment Agreement (the “Agreement”) is made and entered into this ___ day of December, 2021, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter called the “City” and CARRIE M. DAGGETT, hereinafter called the “Employee”. WITNESSETH: WHEREAS, the City and Employee have previously entered into that certain Employment Agreement dated March 26, 2015 (hereinafter referred to as the “Agreement”); WHEREAS, The City and the Employee have recognized the need to amend the Agreement and have worked cooperatively to identify and address issues of mutual interest. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, as well as other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows: 1.Section 6. A. (1) is amended to read in its entirety as follows: (1)At any time during the term of this Agreement, but not more than twice annually, the Employee may elect to receive the cash equivalent of a portion of her accrued, unused vacation, based upon her then current rate of pay; provided, however, that no more than one hundred twenty (120) hours of accrued, unused vacation leave may be converted to a cash payment in any given calendar year. The amount of said payment shall be based upon the Employee’s current rate of pay at the time of conversion. To the extent permitted by law, Employee shall be entitled to direct that any such payment be deposited into the City’s 457 deferred compensation plan through the City’s retirement recordkeeper. 2.Section 6. A.(3) is amended to read in its entirety as follows: (3) Upon the cessation of the Employee’s employment with the City, whether by termination, death, disability, resignation or otherwise, the Employee shall be compensated by cash payment for the total amount of her accrued, unused vacation leave balance. The amount of said payment shall be based upon the Employee’s then current rate of pay. Any payment made to the Employee by the City under this provision shall be in addition to any amounts previously paid for accrued, unused vacation leave under subparagraph (2) above and any other amounts payable to the Employee under this Agreement. To the extent permitted by law, Employee shall be entitled to direct that any such payment be deposited EXHIBIT A into the City’s 457 deferred compensation plan through the City’s retirement recordkeeper. 3. Section 6. B. is amended to read in its entirety as follows: B. The parties acknowledge that Employee has accrued, or reasonably expects to accrue, a significant balance of vacation during the 2015 calendar year, in light of position vacancies in the City Attorney’s Office and extraordinary interim and transitional demands on her time. Accordingly, Employee may elect at any time during 2015 to receive a one-time payment of the cash equivalent of up to an additional one hundred and twenty (120) hours of accrued, unused vacation, in addition to that amount available to her pursuant to Section 6(A). The amount of said payment shall be based upon Employee’s 2015 rate of pay as interim City Attorney. To the extent permitted by law, Employee shall be entitled to direct that any such payment be deposited into the City’s 457 deferred compensation plan through the City’s retirement recordkeeper. 4. Section 8 is hereby amended to read in its entirety as follows: Section 8. PENSION AND DEFERRED COMPENSATION BENEFITS . The City agrees to execute all necessary agreements provided by the City’s retirement recordkeeper for Employee’s participation in a City-sponsored 401A qualified retirement plan, and, in addition to the base salary paid by the City to Employee, the City agrees to pay on Employee’s behalf an amount equal to ten percent (10%) of Employee’s base salary into such qualified retirement plan, in equally proportioned amounts each pay period, and, effective October 1, 2021, to make a matching contribution equal to 100% of the Employee’s elective deferrals that do not exceed 4.5% of her annual base salary. Notwithstanding the language of the Employee’s original employment agreement, since six months after the Employee’s employment started with the City in 1995, the City benefit available at that time allowed her to choose a 4.5% employee contribution, which the City matched. Since 1995, the terms of her employment have included a matching City contribution to her 457 account equal to 4.5% of her annual base salary. The City further agrees to roll over into another qualified retirement plan or to transfer Employee’s ownership in the 401A plan to her succeeding employer’s qualified plan upon Employee’s resignation or termination, to the extent such a rollover or transfer is allowed by law and the terms of the City’s plan. In addition, Employee is eligible to participate in the City’s 457 deferred compensation plan through its retirement recordkeeper. Except as set forth herein, the terms of the Agreement as amended by the First Addendum to Employment Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EXHIBIT A THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation Date: By: Jeni Arndt, Mayor ATTEST: ________________________ City Clerk EMPLOYEE: _______________________________________ Carrie M. Daggett EXHIBIT A