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Home My WebLink About2001-002-01/02/2001-AUTHORIZING THE MAYOR TO EXECUTE A THIRD ADDENDEM TO THE CITY'S EMPLOYMENT AGREEMENT WITH JOHN F FISRESOLUTION 2001-2 OF THE COUNCIL OF THE CiTY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A THIRD ADDENDUM TO THE CITY’S EMPLOYMENT AGREEMENT WiT H JOHN F.FISCHBACH AS CITY MANAGER OF THE CITY OF FORT COLLINS WHEREAS,the City and John F.Fischbach (the “City Manager”)have previously entered into that certain City Manager Employment Agreement dated June 22,1995 (hereinafter referred to as “the Employment Agreement”),and have also entered into two addenda to the Employment Agreement dated December 14,1995,and December 19,1995 respectively;and WHEREAS,the City and the City Manager have agreed upon certain additional modifications to the Employment Agreement which they wish to set forth in a Third Addendum to the Employment Agreement. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the changes proposed to the City Manager’s Employment Agreement, as shown on Exhibit ‘A’,attached hereto and incorporated herein by this reference,are hereby approved by the Council. Section 2.That the Mayor is hereby authorized to execute on behalf of the City the Third Addendum to the City Manager’s Employment Agreement in the form shown on said Exhibit “A”. Passed and adopted at a regular meeting of the City Council held this 2nd day of January, AD.2001. ATTEST: City Clerk Mayor EXHIBiT A THIRD ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT THIS THIRD ADDENDUM is made and entered into this ____day of January,2001,by and between THE CITY OF FORT COLLINS,COLORADO,a municipal corporation (hereinafter referred to as the “City”)and JOHN F.FISCHBACH (hereinafter referred to as “Fischbach”). WITNESSETH: WHEREAS,the City and Fischbach have previously entered into that certain City Manager Employment Agreement dated June 22,1995 (hereinafter referred to as “the Employment Agreement”),and have also entered into two addenda to the Employment Agreement dated December 14,1995,and December 19,1995 respectively;and WHEREAS,the City and Fischbach have agreed upon certain additional modifications to the Employment Agreement which they wish to set forth in this Third Addendum to the Employment Agreement. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties hereto agree to amend the terms and conditions of the Employment Agreement as follows: 1.That Section IV.A.of the Employment Agreement shall be amended so that said Section IV reads in its entirety as follows: SECTION IV.VACATION AND SICK LEAVE. A.Fischbach shall be granted twenty-five (25)days of vacation leave each year.Five (5)days of such vacation leave shall be credited to Fischbach as of the first full pay period of each year.The remaining balance of twenty (20)days shall accrue throughout the remainder of each such calendar year at the bi-weekly accrual rate of 6.16 horns.Notwithstanding any City policy to the contrary,vacation leave accrued and unused by Fischbach shall be subject to the following terms and conditionslisdibadi shall b~gianLd th~fiv~(5)days 0f Va~atiOii Lav~glVun to full—tiin~uiiclassificd management ciiiployocs of tIic City and shall auL.tu~.~additional vaation kayo ~gual lv twunty’(20)day~pCi yc~i at th0 bi-woddy ual 14t0 of 6.16 hour5.Tb0 f (5)days 0f vacation Lav~gi V~n to sudi unclassifi~d City cniploycos 5h~ll Lu ctcdiLd to Fisdibadi initially upon th~..?~.~ff~tivu dat~of his uiiiployiiitiit ~tl1 thu City uiidci tins Agicuniunt and tlici c~Lftut in Jaiiuaiy of uadi yuai w bun such vauption luavu is uicditcd to uuulassifiud inanagcniont uniployoos.Notwithstanding atiy City poliuy to thu uo~itiaiy,Fisuhbach shall havu tlio iight to auuuinulatc and uaiiy ovut fioni yuai to yua~any and all vacatioii luavc uteditud to Inn!aiid bc r ~Oiup~nsaLd i~i full fui sudi vauatiuH Iuav~by th~City wL~n P1sd1b~~h’~ ~inploymciit uiidci tl1i~A~iccmont is tClllIillatCJ for ally l~t~Vll~l1UW~V~,~~d’ vacatiun Icavu paid to Fisclibach shall not cxcucd a tutal uf 1,040 huuio. (I)At any time during the calendat year 2001,but no more than twice during said year,Fischbach may elect to receive the cash equivalent of all or any portion of his accrued,unused vacation leave.The amount of said payment shall be based upon his current rate of pay at the time of conversion.At the end of 2001, the balance of Fischbach’s accrued,unused vacation leave remaining after any such cash conversion shall be carried over to 2002 and subsequent years,up to a maximum accrual of 780 hours.Starting in 2001,any balance in excess of 780 hours that exists as of the last day of the final pay period of the calendar year shall be forfeited by Fischbach.For the purposes of this provision,the “final pay period of the calendar year”shall mean the last pay period that begins in such year. (2)At the end of 2001,and at the end of each calendar year thereafter,Fischbach may also carry over to the ensuing calendar yeai up to forty (40) hours of any vacation leave accrued in that year that was neither used nor converted to a cash payment under subparagraph c3)below,subject to the maximum of 780 hours. ~3)At any time during 2002,and at any time during each successive calendar year thereafter,but no more than twice annually,Fischbach may elect to receive the cash equivalent of a portion of his accrued,unused vacation, based upon his then current rate of pay;provided,however,that no more than forty (40)hours of accrued,unused vacation leave may be converted to a cash payment in any given calendar year. (4)Upon the cessation of Fischbach’s employment with the City, whether by termination,death,disability,resignation or otherwise,Pischbach shall be compensated by cash payment for the total amount of his accrued,unused vacation leave balance.The amount of said payment shall be based upon Fischbach’s then current rate of pay.Any payment made to Fischbach under this provision shall be in addition to any amounts previously paid for accrued,unused vacation leave under subparagraph (3)above and any other amounts payable under this Agreement. B.Fischbach shall be credited for and be entitled to receive those sick leave benefits provided to all full-time classified City employees.Fischbach shall not be entitled to be paid for any earned but unused sick leave upon resignation or termination from employment under this Agreement. 2.That Section VI of the Employment Agreement shall be amended by the addition of a new subsection B,so that said Section VI shall read in its entirety as follows: Page 2 of 6 C.... SECTION VI.PENSION AND DEFERRED COMPENSATION BENEFITS A The City agrees to execute all necessaiy agteements piovided by the International City Mauagt~n Management Association Retirement Corporation (hereinafter referred to as ‘ICMA-RC’)for Fischbach’s participation in ICMA-RC’s 401A qualified retirement plan,and,in addition to the base salary paid by the City to Fischbach,the City agrees to pay on Pischbach’s behalf an amount equal to ten percent (10%)of Fischbach’s base salary into such qualified retirement plan,in equall9 proportioned amounts each pay period,and further agrees to roll over into another qualified retirement plam or to transfer Fischbach’s ownei ship in the plan to his succeeding employei ‘s qualified plan,upon Fischbach’s i.esignation 01 teimination,to the extent that such a tollovet or transfer is allowed by law and the terms of the City’s plan.In addition,Fischbach is eligible to participate in the City’s 457 deferred compensation plan through ICMA-RC.L1 sudi ~...v~.1itIf Fischbach does so participate,the City will match Fischbach’s contribution to the plan in an amount not to exceed three percent (3%)of Fischbach’s salary in any one pay period.The total contribution to ICMA-RC’s 457 deferred compensation plan is subject to the limits prescribed by the Internal Revenue Service. B.In the event that Fischbach wishes to make a contribution of his own to the above-referenced 401A qualified retirement plan,in addition to the City’s contribution to said plan,and Fischbach so notifies the Council in writing,the Council shall,within thirty (30)days of its receipt of such notice,execute all agreements,resolutions and/or other documents required by law or by ICMA-RC in order to accommodate such request The amount of employee contribution to said plan authorized by the Council shall be the amount requested by Fischbach or the maximum amount allowed by law,whichever is less. 3.That Section Xffl.D.of the Employment Agreement shall be amended so that said Section Xffl shall read in its entirety as follows: SECTION XIII.TERMINATION AND SEVERANCE PAY A.Pursuant to Section 4 of Article ifi of the City Charter,Fischbach,as an unclassified City employee,shall be considered as an at-will employee under this Agreement and,therefore,the Council may remove Fischbach from his position as City Manager at any time with or without cause in accordance with the method set forth in Section 4 of Article ifi of the City Charter. B.In the event that Fischbach is removed from his position as City Manager by the Council for cause”in accordance with the method set forth in Section 4 of Article ifi of the City Charter,Fischbach shall only be entitled to such compensation as is required to be paid to him under Section 4 of Article ifi of the Page 3 of 6 C.. City Charter.As used in this Section Xffl,the word “cause”shall mean:(1)failure of Fischbach to carry out his duties under this Agreement after written notice from the Council;(2)failure of Pischbach to desist from any act or omission believed by the Council to be contrary to the best interests of the City after written notice to Fischbach to desist;(3)conviction of a felony or a crime of moral turpitude;(4) dishonesty towards,fraud upon,or deliberate injury or attempted injury to the City; (5)the breach by Fischbach of a term or condition of this Agreement;(6)any physical or mental disability that substantially limits a major life function of Pischbach and that results in his inability to carry out any essential function of his job as City Manager,with or without reasonable accommodations by the City,provided that Fischbach’s disability entitles him to receive benefits under the City’s disability plan or,if the disability is the result of a work-related injury,entitles him to benefits under the Colorado workers’compensation laws for being permanently and totally disabled. C.In the event that Fischbach voluntarily resigns from his employment with the City under this Agreement,Fischbach shall not be entitled to receive any further compensation from the City accruing after the effective date of his resignation.Fischbach shall,however,be entitled to receive from the City all compensation and benefits that have accrued to him under this Agreement up to the effective date of his resignation. D.In the event that Fischbach is removed from his position as City Manager by the Council in accordance with the method set forth in Section 4 of Article ifi of the City Charter for any reason other than for cause as defined in Section Xffl.B.above,the City shall,as severance pay,continue to pay Fischbach his then cui rent salary on a bi-weekly basis for a period of six (6)months from the effective date of his removal.Said amount shall be in lieu of,and not in addition to, the amount of compensation required to be paid to Fischbach under Section 4 of Article III of the City Charter.In the event that the City at any time during the term of this Agreement reduces the salary or other financial benefits of Fischbach in a greater percentage than is applicable to an across-the-board reduction for all employees of the City,or in the event that the City refuses,following written notice, to comply with any other provision benefitting Fischbach herein,or Fischbach i esigns following written notice from the Council of termination other than for cause as described in subpaiagraph A.above,then Fischbach may,at his option,be deemed to have been terminated by the Council without cause foi the purposes of this Section,in which event Fischbach shall be entitled to the severance pay provided for above.Iii t1,c~cvc~~t that Fh~t.1ibali i~ic-tatuvc~J fiuiti h~pu~itiui’~Cit9 M~’1~~1 by t11~C~~11~~l in acoidan~c ~Wi U10 iiiotliud sot fuith ii’Sut-tiuji 4 uf A1 tido ifi uf tli0 City CliatLi foi any 1~aôui’oW01 than f01 “uausc”as tlofinod in Sc~tiun Xffl.B. cLbuVC,tl10 C~t~c,hpll wutinut,to pay Fi~dibaJi bi—wcc.kly h~5 tlien-~uiieiit ~alai3’aS scvciaiic~pay dunng th0 tulluwnig aUthuunal p~tiudS vi niiiu.ç I)ii i~invval Page 4 of 6 9Joç0~13J:sthopoJsuXloJIluospU!~C0J~jnqsIIXXuoqoag4oiqM‘1uowooJ~ypinso~pappuaqpnqs~uatuaai~yiuowiCoidma041JOIIXXUoIpagthOUCWqj.•asuodxaUMO‘!°qlInO~13JOAO0~noipawonuquoo01PO~‘UOTjBUnh1.101uodn‘oq~~~cfl3aq~josaakoldtuaU’~01ajqnoqddnamq0iqMMCIJOsuoisiAoadOWCSOLfloj~utpiooonpunsuompuoapunsuLlalownsaq~iapunuounuiuualJOOWflaqjin~0jJOutuiniwaicl041~urindAq0~flJOAO0aflU4UOOJ01JC~T04}0110010AnuiqonqqoslgssnoooUO4UUIUIJOIaqIqotqMUiq~uowaq~jopuo041qWnoiqlpap!A0Jdaq11C45aOunJnSU!In0!POTAIU1~10J01~0~flU0oqPIflOMi(1130414PMluowAoidwoUIOJJpov3uiLuJoluaaq.10pauthsaisrnj04thaaXoldwaXp3,CunsnMCJa1qnoi~ddnpunsunid40fl5JOSUOIS!oid0414PMaounp~ooonU!uinloJolpapnua51aq~nqipun~uawaai~vsap.iapun1111401pap!AoJdsuniduo~nsuadwoopaiiajap.io‘uoisuod‘pJauoq041JOAuniapun11114ol~OflJD0tOAC4Xnui1C41sigouaqpunsiq~uHCuinloJ~jnqsqonqqosij‘osnnolflO4PMJo4PMi!ounooaqiXquoilisod514UIOJJpa~owaiSIiO1U0W00J~VS!q1iapunJa~Uun~snuoqisodsiquioijsu~isaiApJn1un~oAqouqqosij104104MTjnncIflj1iiniii,(njdiiinMfluIcu1ITTflATnn~T(Y1P3l19T~VTIfl‘c~Ai~flflT‘CIIlVfl1Jn13fl92S!jli’T11ITflT1PVJIn(TTTTflnJflITTTOJIflTj1flflIpTn‘çnnJ~T1T11flVJTflfl~Vfl~PM‘~IPJPcJflV1lTflflhlTP[~“TflJJJ0i~~flulfl-fl1-flTTflin~i~P~gpnn~pning11Vi1Qf1Pr~cT1flflV,(*T(9iTOjp3~j19fl9/113aip‘6’dflflflpInAoVVP(liDflTflTTTflTJfipjpcVujflAjflflflT(9flflhI9TTfln~qdvi~nindST91TflpTlPp2p9TP2cjfiT1T1flTT1MIflJpniinrl(TIP9rHTnp1TlfiuTTi(flJrTTTTQTOipo9Tijl9(1QTjnPgJ~ncTj1TTOA~OTJ~igTflITPTID~l!D‘91JnfflnpqIyJfl.~.TTn9n~glYflTfl’ncindpTPdngfl~pOflT~tT~VT31{(IP1PVJPTTflT1TppPO!pflAiflfl3Tfjiifl11Pi1Vflu1‘1iT2TTT2DI~’Ic7¶111T~J~ilfliT~TuTXnjduuV’019JflT9JPflflipTflTiflhiTfin’911JinpInTphiflT_TTpTITp—fpIflAfiCnip~urinp$Iflflflfl~Ji(~)pUP‘T01~flT9VTfiUTFJJflpnindTflA~TJflhiJM‘TflpPTjD~(p~~91JOifi2Jrnpy~~rlnTpngiôpnn(IP1PQcu1OAT~fl3lfl1r1l!V~ngp1llflM~TJ1rn113uu1T1J’~p(~1fl~~iflTflJin1PAfluTIflTcTuJJnOPp2A9flflJJ~flipITIflTJ9TflUfluuipM1TflJCi~p’cVu1~AlOfifli(9nnrTflTTPnflPTJ5QTJ‘1ijniiinni?i~,QTTpTfl~iTfl1TTflTTTcnJirTTH~VT!1JflT1VTflUTpunfinc_(in~A~Vil~flnhTjlIc1TJ_Xfl’T9nip~iHTfl~STflDnnJPAnIuuQuJi(ç)~1P•AflTTTQTVJT1JO2lPpOATfl~JJflfl11~~lP~”1~JflpnrindPTflJ~lP{PcVT!J~AT~n~T(93flhT9ilflflppqcflu1jiunuuunn~StillTDpTIPITTOuT~n1duiuocIT1JflIpiTflTiiiflOflVTQi1~flflTill!~in’T—.(~TflJOTflThnTypSTflOnO1P&nTITOIJr(~)‘JPAflTTTflT919Jfl9PpflA9flflJJflnipTTTOTJSiflTlflTTiTflOJJflpnTTnrTPTflJfTPp?S519~kTOnOT(9Olliuflhunfi11Vi1Q09‘1TIflulTnoT~ycupTfl~hIflpTfluTKn1diTunVJJflTpTuflUTT1li1~1’2_flTnJu1~flnlTpipTIOAOc_XIuilpOIp~iiTInpçunnnn~JICc)‘1PAflTITOTculJOfl1P~~~~flJJflflu11HTflIJcipuinTulOATJJflpfllTfldPTOJATCIPVSTTJflATfl2nI(9~rn~PU~~nIW’W~‘1iuouiuoou~iclipTfl~TIfllllflUIfO1dUun~19JOT11TTQIU~1’Pi1~flflhipTfJJi_fJlTflM1flip~uiu~npSifloDo1ThAOT~DIJi(j‘1PAflTuTfluVT9JflO1PpOATflOJJO“ypUTOTJVTJ1TIflTTTvlcJnpnuifl(TyTOJ,ci~jo55fl~nATOnOT(9OflhT9Uflfl1[Pu1V09‘1iufluuun2ay5JipuflpulflITTOTTT(nlduifl519JflTphinuuTif)TflnJ_XIITOMIi1~flOTipJSTTJ‘2ujI~ThiTP~jj r r SECTION XXII.ANNUAL APPROPRIATION All financial obligations of the City under this Agreement shall be subject to the Council’s annual appropriation of the funds necessaiy to satisfy such obligations. 5.Except as expressly amended by this Third Addendum and the previously executed First Addendum and Second Addendum,all other terms and conditions of the Employment Agreement shall remain unchanged and in full force and effect. IN WJTNESS WHEREOF,the parties hereto have caused this Third Addendum to the City Manager Employment Agreement to be executed as of the day and year first above written. THE C1TY OF FORT COLLINS,COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Attorney John F.Fischbach Page 6 of 6