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HomeMy WebLinkAbout2008-126-12/02/2008-APPROVING A FIRST ADDENDUM TO THE CITY MANAGERS EMPLOYMENT AGREEMENT RESOLUTION 2008-126 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A FIRST ADDENDUM TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT WHEREAS, Darin A. Atteberry has been employed by the City Council as City Manager since December, 2004 and has served the City well in that capacity; and WHEREAS,the City and Mr.Atteberry have previously entered into that certain employment agreement dated December 21, 2004 ("Employment Agreement"); and WHEREAS, the Council and Mr. Atteberry have agreed to revise the Employment Agreement to: • increase the amount of annual vacation leave that can be converted to cash in a particular year from 80 hours to 120 hours(without increasing the amount of annual vacation leave); • state that the City Manager's rate of vacation accrual will be pro-rated on a biweekly basis in accordance with the number of pay periods in each year; • clarify that the City Manager's service as a member of the board of directors of community organizations will be considered to be within the performance of his duties to the City; and • clarify that,except as otherwise provided in the Employment Agreement,all benefits and working conditions that apply to service area directors of the City shall apply to the City Manager as well. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the First Addendum to the City Manager's Employment Agreement,attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved by the City Council, and the Mayor is hereby authorized to execute the First Addendum substantially in the form shown on Exhibit"A" with such modifications,if any, as the Mayor may,upon consultation with the City Manager and Mayor Pro Tem, consider to be in the best interests of the City. Passed and adopted at a regular meeting of the Co f"Ciol4Colftthis 2nd day of December A.D. 2008. Mayor ATTEST: City Clerk FIRST ADDENDUM TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT THIS FIRST ADDENDUM is made and entered into this day of December, 2008, by and between the City of Fort Collins, Colorado, a municipal corporation (hereinafter referred to as the "City") and Darin A. Atteberry (hereinafter referred to as "Atteberry"). WITNESSETH : WHEREAS, the City and Atteberry have previously entered into that certain agreement dated December 21, 2004 (hereinafter referred to as the "Employment Agreement"); and WHEREAS, the City Council and Atteberry have agreed upon certain modifications to the Employment Agreement which they wish to set forth in this First Addendum to the Employment Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits 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: Section 1. That Subsection A. (1) of Section IV of the Agreement, pertaining to Vacation and Sick Leave, is hereby amended so as to read in its entirety as follows: SECTION IV. VACATION AND SICK LEAVE A. Atteberry shall be granted thirty (30) days of annual vacation leave, commencing as of the first pay period in January, 2005. Five (5) days of such vacation leave shall be credited to Atteberry as of the first full pay period of each year. The remaining balance of twenty five (25) days of annual vacation leave shall accrue throughout the remainder of each such calendar year and be pro-rated on a biweekly basis. Notwithstanding any City policy to the contrary, vacation leave accrued and unused by Atteberry shall be subject to the following terms and conditions: (1) At any time during the term of this Agreement, but not more than twice annually, Atteberry 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 one hundred twenty (120) hours of accrued, unused vacation leave may be converted to a cash 1 payment in any given calendar year. The amount of said payment shall be based upon Atteberry's current rate of pay at the time of conversion. Section 2. That the title of Section V. of the Agreement, pertaining to Disability, Health and Life Insurance, is hereby amended to read "Section V. Disability, Health, Life Insurance and Other Benefits," and a new Subsection C. is added to read as follows: C. All provisions of the City Charter and Code, and regulations and rules of the City relating to other fringe benefits and working conditions shall also apply to Atteberry as they would to service directors of the City, unless said benefits and working conditions are otherwise specifically set forth in this Employment Agreement. Section 3. That Section X of the Agreement, pertaining to Community Activities, is hereby amended so as to read in its entirety as follows: SECTION X. COMMUNITY ACTIVITIES The City recognizes the desirability of Atteberry participating in service and charitable organizations in the community and in the event Atteberry becomes a member of such service and charitable organizations, the City will pay all reasonable expenses and fees related to such membership. In the event that Atteberry becomes a member of the board of directors of a community organization based on his position as City Manager, his duties as such director shall be considered to be within the scope of his duties as City Manager for purposes of the indemnification provision set forth at Section XV of this Agreement. Section 4. Except as expressly amended by this First Addendum, all other terms and conditions of the Employment Agreement shall remain unchanged and in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this First Addendum to the City Manager's Employment Agreement to be executed as of the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal C ration By M or G�ZY OF FORJ TTEST o • A :r City Clerk O' � .y 0'. OiPgDo.. EMPLOYEE: �D�— 4 Darin A. Atteberry -NXt gy 3