HomeMy WebLinkAbout1995-088-06/20/1995-CITY MANAGER EMPLOYMENT AGREEMENT JOHN FISCHBACH RESOLUTION 95-88
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING JOHN F. FISCHBACH AS CITY MANAGER OF THE
CITY OF FORT COLLINS AND AUTHORIZING THE MAYOR TO EXECUTE
AN EMPLOYMENT AGREEMENT WITH MR. FISCHBACH
WHEREAS,on October 4, 1994,Steven C.Burkett tendered his resignation as City Manager
of the City, effective October 21, 1994; and
WHEREAS, following the cessation of Mr. Burkett's employment with the City, the City
Council began a selection process for a new City Manager, which process has culminated in the
preparation of a proposed agreement with John F. Fischbach, attached hereto as Exhibit A and
incorporated herein by this reference(the"Agreement"),whereby Mr.Fischbach would be employed
as the new City Manager for the City,effective September 1, 1995; and
WHEREAS, the City Council wishes to appoint John F. Fischbach as City Manager for the
City of Fort Collins pursuant to the terms and conditions of the Agreement; and
WHEREAS, on October 14, 1994, the City Council adopted Resolution 94-173, appointing
Diane Jones to serve as interim City Manager pending the appointment of a new City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Mayor is hereby authorized to execute the Agreement on behalf of
the City.
Section 2. That, pursuant to the authority vested in the City Council under Article III,
Section 1 of the City Charter,John F.Fischbach is hereby appointed by the Council to serve as City
Manager for the City of Fort Collins, pursuant to the terms and conditions contained in the
Agreement, effective September 1, 1995,
Section 3. That as of September 1, 1995, Diane Jones shall be relieved of any further
duties of such office.
Section 4. That the Council hereby commends Diane Jones for her exemplary service
as interim City Manager and expresses its appreciation on behalf of the City for her assistance in
facilitating the efficient delivery of administrative services during her term of service as Interim City
Manager, and looks forward to her continuing contributions to the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
20th day of June, A.D., 1995.
Mayor
ATTEST:
ILI
� :.iry Clerk
CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1995, 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")
W I T N E S S E T S
WHEREAS, the City desires to employ the services of Fischbach
as City Manager of the City as provided by Article III of the City
Charter; and
WHEREAS, it is the desire of the Fort Collins City Council
(hereinafter referred to as "the Council") to provide certain
compensation and benefits to Fischbach, establish the terms and
conditions of his employment with the City, and, to the extent
permitted by law, define the working relationship between the
Council and Fischbach; and
WHEREAS- Fischbach dessires to- accept employment with the City
as City Manager in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the City and Fischbach agree as
follows:
SECTION I. DUTIES
The City hereby agrees to employ Fischbach as the City Manager
of the City to perform the functions and duties specified in
Article III of the City Charter and to perform such other legally
permissible and proper functions and duties as the Council may
assign to Fischbach in the future. Fischbach acknowledges that as
City Manager he is considered to be an unclassified City employee.
SECTION II. TERM
A. As required by Section 4 of Article III of the City
Charter, the term of this Agreement shall be an "indefinite term. "
For purposes of this Agreement, "indefinite" shall be deemed to
mean "having no exact limits. "
B. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Council to remove
Fischbach from the position of City Manager and terminate his
employment with the City under this Agreement at any time pursuant
to and in accordance with the provisions of Section 4 of Article
III of the City Charter. For purposes of this Agreement, the words
"remove, " "removed" and "removal, " when used in the context of
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Fischbach being removed from the position of City Manager by the
Council under Section 4 of Article III of the City Charter, shall
be deemed to also mean that Fischbach's employment with the City
under this Agreement has been terminated.
C. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of Fischbach to resign at any
time from his position as City Manager, provided that he gives the
City Forty-five (45)_ days prior written notice o£ his intent_ to
resign.
D. Fischbach shall commence his employment with the City
under this Agreement as the City Manager effective September 1,
1995.
SECTION III. SALARY
The City shall pay to Fischbach for his services as City
Manager an annual base salary of Ninety-eight Thousand Seven
Hundred Fifteen dollars ($-3K,7-15-. 00), payable in periodic
installments at the same time as other City employees are paid and
subject to the customary tax deductions and withholdings required
by law and any withholdings authorized by Fischbach.
SECTION IV. VACATION AND SICK LEAVE
A. Fischbach shall be granted the five (5) days of vacation
leave given to full-time unclassified management employees of the
City and shall accrue additional vacation leave equal to twenty
(20) days per year at the bi-weekly accrual rate of 6. 16 hours.
The five (5) days of vacation leave given to such unclassified City
employees shall be credited to Fischbach initially upon the
effective date of his employment with the City under this Agreement
and thereafter in January of each year when such vacation leave is
credited to unclassified management employees. Notwithstanding any
City policy to the contrary, Fischbach shall have the right to
accumulate and Carry 'over from year to year any and all vacation
leave credited to him and be compensated in full for such vacation
leave by the City when Fischbach's employment under this Agreement
is terminated for any reason; however, such vacation leave paid to
Fischbach shall not exceed a total of 1, 040 hours.
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.
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SECTION V. DISABILITY HEALTH AND LIFE INSURANCE
A. The City will provide and offer to Fischbach and his
qualified dependents the same insurance benefit packages and plans
it provides and offers to all its full-time classified employees,
which benefit packages and plans currently include, without
limitation, group life, accidental death and dismemberment
insurance; long-term disability insurance; dental reimbursement
plan; dental insurance; vision insurance; and major medical
insurance.
B. In addition to providing major medical insurance coverage
to Fischbach and his dependents, the City shall pay in each year
Fischbach is employed with the City under this Agreement, the
reasonable cost of an annual physical examination of Fischbach by
a qualified physician.
SECTION VI. PENSION AND DEFERRED COMPENSATION BENEFITS
The City agrees to execute all necessary agreements provided
by the International City Managers 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 Fischbach's behalf an amount equal to ten percent
(10%) of Fischbach's base salary into such qualified retirement
plan, in equal proportioned amounts each pay period, and to
rollover into another qualified retirement plan or to transfer
Fischbach's ownership in the plan to his succeeding employer's
qualified plan upon Fischbach'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, Fischbach is eligible to
participate in the City' s 457 deferred compensation plan through
ICMA-RC. In such event, 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
contributiam to 3CMA RC's 457 deferred compensation plan is subject
to the limits prescribed by the Internal Revenue Service.
SECTION VII. DUES AND SUBSCRIPTIONS
The City agrees to budget and pay for the professional dues
and subscriptions of Fischbach necessary for his continuation and
full participation in national, regional, state and local
associations or organizations necessary and desirable for his
continued professional participation, growth and advancement, and
for the good of the City.
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SECTION VIII. PROFESSIONAL DEVELOPMENT
The City agrees to budget and pay for the reasonable travel
and subsistence expenses of Fischbach for professional and official
travel, meetings, and occasions adequate to continue the
professional development of Fischbach and to adequately pursue
necessary official and other functions for the City, including the
annual conferences of the International City Management
Association, the Colorado Municipal League, and such other
national, regional, state and local governmental groups and
committees thereof which Fischbach serves as a member. The City
also agrees to pay for the reasonable travel and subsistence
expenses of Fischbach to attend continuing education short courses,
institutes and seminars related to his profession.
SECTION IX. GENERAL EXPENSES
The City recognizes that there are expenses of a non-personal
and generally job-related nature that are incurred from time to
time by Fischbach. To the extent that the City' s Finance Director
is authorized by applicable administrative procedures and policies
of the City, the Finance Director is authorized to pay directly or
reimburse Fischbach for such expenses upon receipt of proper
documentation submitted not more often than monthly.
SECTION X. COMMUNITY ACTIVITIES
The City recognizes the desirability of Fischbach
participating in service. and charitable organizations- i_n- the-
community and in the event Fischbach becomes a member of such
service and charitable organizations, the City will pay all
reasonable expenses and fees related to such membership.
SECTION XI. AUTOMOBILE
From September 1, 1995, until January 31, 1996, the City shall
make a City automobile available to Fischbach for his use. While
Fischbach has use of the City automobile, the City shall be
responsible for paying for the liability, property damage, and
comprehensive insurance for the automobile, or for self-insuring
for the same, and for the costs to purchase, operate, maintain, and
repair said automobile. Any future provision of an automobile by
the City to Fischbach must be approved by the Council.
SECTION XII. MOVING AND RELOCATION EXPENSES
A. The City shall reimburse Fischbach for any and all
reasonable expenses he may directly incur with a moving and storage
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company that has an office in Fort Collins, Colorado, in moving
himself, his family, and their personal property from Vancouver,
Washington, to Fort Collins, Colorado, which expenses shall
include, but not be limited to, costs of packing, unpacking,
hauling of property, storage of property, and insurance.
B. In order to make Fischbach's move and relocation to Fort
Collins as easy and as smooth as possible, the City agrees to pay
Fischbach a relocation and living allowance of One Thousand Five
Hundred Dollars ($1,500.00) per month until Fischbach completes the
sale of his home in Vancouver, Washington, or until six (6) months
from the date of this Agreement, whichever is sooner. The first
monthly payment will be due upon the date of this Agreement with
the remaining payments being due in monthly intervals thereafter.
C. Until Fischbach's family has changed its permanent
residence from Vancouver, Washington, to Fort Collins, Colorado,
Fischbach shall be reimbursed by the City for the travel expenses
of up to three (3) visits to Fort Collins for the purpose of
facilitating his family's relocation to Fort Collins and to permit
Fischbach to begin performing his duties as City Manager under this
Agreement. Fischbach shall also be reimbursed for his reasonable
food and lodging expenses in connection with such trips to Fort
Collins for a total of up to twelve (12) working days.
SECTION XIII. TERMINATION AND SEVERANCE PAY
A. Pursuant to Section 4 of Article III 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 III 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 III 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 III of the
City Charter. As used in this Section XIII, 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
Fischbach 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
brea(Ay by- FiscWV&ur or a term or- condition of this Agreement;- (&)
any physical or mental disability that substantially limits a major
life function of Fischbach and that results in his inability to
carry out any essential function of his job as City Manager, with
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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 III of the City Charter for any
reason other than for "cause" as defined in Section XIII.B. above,
the City shall continue to pay Fischbach bi-weekly his then-current
salary as severance pay during the following additional periods of
time: (1) if removal occurs during the first through twenty-fourth
month of his employment under this Agreement, he shall continue to
receive his salary for a period of six months from the effective
date of his removal; (2) if removal occurs during the twenty-fifth
through thirty-sixth month of his employment under this Agreement,
he shall continue to receive his salary for a period of five months
from the effective date of his removal; (3) if removal occurs
during the thirty-seventh through forty-eighth month of his
employment under this Agreement, he shall continue to receive his
salary for a period of four months from the effective date of his
removal; (4) if removal occurs during the forty-ninth through
sixtieth month of his employment under this Agreement, he shall
continue to receive his salary for a period of three months from
the effective date of his removal; (5) if removal occurs during the
sixty-first through seventy-second month of his employment under
this Agreement, he shall continue to receive his salary for two
months from the effective date of his removal or for the period of
time that .he would be .entitled to receive his salary under Section
4 of Article III of the City Charter, whichever period of time is
greater; and (6) if removal occurs during the seventy-third month
or during any month thereafter of his employment under this
Agreement, he shall only receive the additional salary he is
entitled to be paid pursuant to Section 4 of Article III of the
City Charter. In the event Fischbach obtains other employment
during any period for which he is entitled under this paragraph to
continue to receive his salary from the City as severance pay, the
City's obligation to pay such salary shall be reduced by a direct
one-to-one set-off for all amounts of salary, wages, consulting
fees, or any other form of compensation that Fischbach earns,
receives, or is entitled to receive in his new employment for such
period.
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E. Whether Fischbach voluntarily resigns from his position
as City Manager under this Agreement or is removed from his
position by the Council with or without cause, Fischbach shall
retain all rights and benefits that may have accrued to him under
any of the benefit, pension, or deferred compensation plans
provided to him under this Agreement and that he is entitled to
retain in accordance with the provisions of such plans and
applicable law as any City employee who has resigned or been
terminated from employment with the City would be entitled to
retain.
SECTION XIV. PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of
Fischbach at least once annually in advance of the adoption of the
City's annual operating and capital budgets. Said review and
evaluation shall be in accordance with specific criteria developed
jointly by the Council and Fischbach. Said criteria may be added
or deleted as the Council may from time to time determine, in
consultation with Fischbach. Further, the Mayor shall provide
Fischbach with a summarized written statement of the findings of
the Council's review and provide an adequate opportunity for
Fischbach to discuss, his review- and- evaluation- with- the Council.
B. The Council and Fischbach shall annually define such
goals and performance objectives which they determine necessary for
the proper operation of the City and for the attainment of the
Council ' s policy objectives and shall further establish the
relative priority among these various goals and objectives, which
goals and objectives shall be reduced to writing. Such goals and
objectives shall be generally obtainable within the time
limitations as specified in the annual operating and capital
budgets and related appropriations.
C. In addition to the Council and Fischbach annually
defining their goals and objectives as provided in Section XIV.B.
above, the Council and Fischbach shall, within the first few days
of the effective date of Fischbach's employment, meet to define the
near-term goals and objectives deemed necessary by them for the
proper operation of the City and for the attainment of Council's
policy objectives until such time as the Council and Fischbach can
define their annual goals and objectives for 1996 in accordance
with this Section.
D. In effecting the provisions of this Section, the Council
and Fischbach mutually agree to abide by the provisions of
applicable law.
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SECTION XV. RESIDENCY REQUIREMENT
Pursuant to section 1 of Article III of the City Charter,
Fischbach agrees to reside within the City limits of the City of
Fort Collins, Colorado, at all times during his employment under
this Agreement.
SECTION XVI. HOURS WORKED
The Council recognizes that Fischbach is required to work and
perform on behalf of the City other than an "eight-to-five" basis.
As City Manager, he is subject to call at any time, is required to
attend night meetings, and is required to participate in various
other activities that benefit the City, often working long hours
and at times that are not considered normal working hours. The
Council expects Fischbach to work out his schedulc and working
hours using good professional judgment in establishing flexible
working hours.
SECTION XVII. INDEMNIFICATION
To the extent the City is required and authorized to do so
under the Colorado Governmental Immunity Act (C.R.S. §24-10-101, et
seq. ) and Council Resolution 89-79, as amended by Council
Resolution 94-101, the City shall indemnify and defend Fischbach
for all civil claims brought against Fischbach arising out of an
alleged act or omission by Fischbach occurring during the
performance of his duties as City Manager, within the scope of his
employment as City Manager, and provided that such act or omission
is not willful and wanton.
SECTION XVIII. BONDING
The City will bear the- full- cost- of any fidelity or other bond
required of Fischbach under any law or ordinance or as may be
deemed desirable by the City.
SECTION XIX. APPLICABILITY OF PERSONNEL POLICIES
A. Fischbach hereby acknowledges receipt of the City's
current Personnel Policies and Procedures. Fischbach also
acknowledges that in his position as City Manager he is an
unclassified City employee and as such, the City' s current
Personnel Policies and Procedures do not expressly apply to him.
Notwithstanding this fact, Fischbach agrees to be bound by and
adhere to those provisions of the City's current Personnel Policies
and Procedures that pertain to conduct, political activity,
harassment, and employee safety, as currently set forth in Sections
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VII and X of the city's current Personnel. Policies and Procedures
and as they may be amended, modified, supplemented, rescinded, or
otherwise changed at any time at the discretion of the City.
Fischbach agrees that no other provisions of the City's current
Personnel Policies and Procedures shall apply to him.
B. In the event that any of the provisions of the City's
current Personnel Policies and Procedures applied to Fischbach as
set forth in Section XIX.A. above are inconsistent with or conflict
with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
SECTION XX. NOTICES
Any notice or other communication required or permitted
hereunder shall be in writing and shall be deemed to have been
given on the date of service if served personally, or three (3)
days after mailing if mailed by first-class mail, registered or
certified, postage prepaid, return receipt requested, and addressed
as follows:
If to the City: City of Fort Collins
Mayor
P.O. Box 580
Fort Collins, CO 80522
If to Fischbach: John F. Fischbach
(At his residential address
stated in his most recent
Personnel Action Form on
file with the City)
SECTION XXI. GENERAL PROVISIONS
A. This Agreement constitutes the entire agreement between
the parties concerning the rights granted herein and the
obligations assumed herein. Any oral representation or oral
modification concerning this Agreement shall be of no force or
effect. Although the provisions set forth in the City's current
Personnel Policies and Procedures that are applied to Fischbach as
provided in Section XIX.A. above may be amended, modified,
supplemented or rescinded at any time at the sole discretion of the
City, the terms of this Agreement can be modified only by a writing
signed by both the parties hereto. It is further understood and
agreed by Fischbach that no representation, promise or other
agreement not expressly contained herein has been made to induce
the execution of this Agreement.
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B. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado and any judicial
action brought by either of the parties hereto to enforce the terms
and conditions- of- this Agreement and/or to recover damages for a
breach of this Agreement, shall be brought in the Larimer County
District Court in Fort Collins, Colorado.
C. This Agreement is personal to the City and to Fischbach
and may not be assigned or delegated by either party without the
prior written consent of the other party.
D. A party's failure to enforce any provision of this
Agreement shall not be construed in any way as a waiver of any such
provision, or prevent that party thereafter from enforcing each and
every other provision of this Agreement.
E. If any term or condition of this Agreement shall be
declared void or unenforceable by any court of competent
jurisdiction, such term or condition shall be deemed severable from
the remainder of this Agreement, and the other terms and conditions
of this Agreement shall continue to be valid and enforceable.
F. This Agreement shall be construed as if prepared by both
of the parties hereto.
G. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
John F. Fischbach
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