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HomeMy WebLinkAbout1985-155-09/10/1985-AUTHORIZING THE MAYOR TO ENTER INTO A RESIGNATION AGREEMENT WITH JOHN E. ARNOLD, CITY MANAGER RESOLUTION 85- 155 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO A RESIGNATION AGREEMENT WITH JOHN E. ARNOLD, CITY MANAGER WHEREAS, John E. Arnold has served as the City Manager of the City of Fort Collins since October 20, 1977; and WHEREAS, on January 16, 1984, John E. Arnold executed an Employment Agreement setting out the terms of his employment with the City of Fort Collins as the City Manager; and WHEREAS , John E . Arnold wishes to terminate his employment relationship with the City of Fort Collins and not seek an extension of the terms of his Employment Agreement ; and WHEREAS, the City desires to set forth in a Resignation Agreement the terms of the resignation of John E. Arnold from his position as City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor be, and hereby is, authorized to enter into a Resignation Agreement, copy of which is attached hereto, setting out the terms and conditions for the resignation of John E. Arnold from his position as City Manager of the City of Fort Collins. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins on the 10th day of September, A.D. 1985. ayor ATTEST: ,ty er I ' RESIGNATION AGREEMENT This Resignation Agreement is made and entered into this �_Z3ay of September , 1985 , by and between the City of Fort Collins , a municipal corporation (the "City" ) and John E. Arnold ("Arnold" ) . WHEREAS, Arnold has served as the City Manager of the City since October 20 , 19777 and WHEREAS, Arnold wishes to resign his position with the City , and it is the desire of the parties to effect the resignation amicably and with fairness to all parties . NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and Arnold hereby agree to the following : 1 . Arnold shall remain an employee of the City until January 1 , 1986 at which time his resignation shall become effective. If Arnold begins other permanent, fulltime employment before January 1 , 1986 , the effective date of his resignation shall be adjusted to the date of the commencement of new employment. Until the effective date of resignation he shall receive his normal pay and benefits , excluding car allowance which he shall receive to, but not after , October 15 , 1985 . 2. From and after the date of October 15 , 1985 , and until the effective date of his resignation, Arnold shall be on administrative leave without further responsibility to the City except that during said period of leave Arnold shall , at the request of the City Council of the City and without additional compensation therefor , perform such consulting services for the City as the parties deem necessary and reasonable for the effective transition of City management functions . 3 . Upon the effective date of his resignation, Arnold shall receive a lump sum payment for vacation and holiday time accrued as of the effective date of resignation. He shall continue to own all funds invested in his name in the International City Managers ' Association Retirement Plan provided to him by the City during the period of his employment. 4. The City shall provide employee medical benefits to Arnold at its cost until the last day of the month of resignation , after which and at his option and expense, he shall have the right to continue to receive employee medical insurance benefits until June 30 , 1986 , unless he sooner obtains other comparable benefits . -1- s 5 . The City shall defend Arnold from and against any and all claims , suits, or causes of action which may now exist or hereafter arise relating to or in any way arising from his employment with the City, and hold him harmless therefrom except in relation to matters as to which he is adjudged in such action or proceeding to be liable for negligence or misconduct in the performance of duty; but such hold harmless provision shall not be deemed exclusive of any other rights or provisions of law. 6 . Arnold hereby acknowledges that payments to be received pursuant to this Agreement are to be full settlement and satisfaction of any and all claims by him resulting from or in any way relating to his employment with the City. 7 . It is further understood and agreed by both parties that this Agreement is for the benefit of both parties and that by the execution of this Agreement and neither party asserts claims of any liability as a result of the employment relationship between Arnold and the City. 8 . Each party states that the foregoing Agreement has been carefully read and the contents thereof are known and understood and that the signatures appearing hereon are the free acts of these parties . Joh;h E. Arnold STATE OF COLORADO ) ss . COUNTY OF LARIMER ) Subscribed and sworn to before me this day of September , 1985 , by John E. Arnold. Witness my hand and official seal . My commission expires : MY COMMISSION EXPIRES AUGUST 11, 1988 - y tR J� S Notary Public C-e) �USd -2- CITY OF FORT COLLINS A Municipal Corporation BY: AICt dTi Mayor ATTEST: i l City Clerk ' STATE OF COLORADO ) ss . COUNTY OF LARIMER ) Subscribed and sworn to before me this day of September , 1985 , by Barbara S . Rutstein, Mayor and Wanda M. Krajicek, City Clerk of the City of Fort Collins . Witness my hand and official seal . My commission expires : AY COMMISSION EXPIRES A AUGUST 11, 1988 Notary' \Public �,0014 - -3-