HomeMy WebLinkAbout09154RESOLUTION NO. 9154
A RESOLUTION APPOINTING LEE R. EVETT CITY
MANAGER, APPROVING AN EMPLOYMENT AGREE-
MENT, AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
WHEREAS, pursuant to Section 4 -1 of the Charter of the City of Pueblo, the City Council
shall appoint a City Manager who shall be the executive head of the City's municipal government
and fix the City Manager's salary at such amount as the City Council shall approve; and
WHEREAS, pursuant to Section 4 -3 of the Charter of the City of Pueblo, the Council shall
appoint the City Manager for an indefinite term and may remove the City Manager by majority vote
of its members; and
WHEREAS, the City Council hereby determines that Lee R. Evett has the requisite admini-
strative and executive qualifications and actual experience and knowledge to perform the duties of
the position of City Manager. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Lee R. Evett is hereby appointed City Manager of Pueblo, a municipal corporation, for an
indefinite term to serve at the pleasure of the City Council.
SECTION 2
The Employment Agreement and all its terms and conditions including the City Manager's
salary, a copy of which is attached hereto and incorporated herein by reference, having been
approved as to form by the City Attorney, is hereby approved. The President of the City Council is
authorized to execute the Employment Agreement in the name of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same.
SECTION 3
This Resolution shall become effective upon final passage and execution of the Employment
Agreement by Lee R. Evett.
INTRODUCED: November 13 , 2000
ATTEST:
City rk
By Ted Lopez, Jr.
Councilperson
APPRO ED:
Pre i ent of the City Council
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT entered into as of November 13 , 2000 between
Pueblo, a municipal corporation (the "City ") and Lee R. Evett (the "Manager "), WITNESSETH:
WHEREAS, City desires to appoint and employ Manager as City Manager of City upon the
terms and conditions contained herein, and
WHEREAS, Manager is willing to accept such appointment and employment.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Manager agree as follows:
1. Employment City does hereby appoint and employ Manager on a full -time basis as
City Manager of the City to perform the functions and duties assigned to and imposed upon the City
Manager by the Charter and ordinances of the City and to perform such other functions and duties
as the City Council shall from time to time assign to Manager. Manager hereby accepts such
appointment and employment as City Manager.
2. Term Manager is appointed and employed for an indefinite term commencing
December 1, 2000 (the "Effective Date "). Manager shall serve at the pleasure of the City Council.
This Agreement may be terminated and Manager may be removed by the City Council by majority
vote of its members as provided in Section 4 -3 of the Charter of the City.
3. Sa ar . For services performed as City Manager, Manager shall be paid $10,000.00
per month ($120,000.00 annualized) payable in accordance with City's normal payroll procedures.
Manager's salary shall automatically be adjusted by the same percentage as the average of all City
management employees' salary adjustments for each fiscal year commencing with fiscal year 2002.
Such adjustment in salary shall occur at the same time as the management employees' annual salary
adjustments take place.
4. Evaluation and Merit Increase City Council shall evaluate Manager's performance
on or before the annual anniversary date of Manager's employment, and may evaluate Manager at
any lesser intervals, in its sole discretion. The City Council shall have unrestricted access to relevant
information to perform such evaluation. Evaluations shall be for the purpose of determining
Manager's level of performance, attainment of goals and objectives, progress in professional
development, and development of appropriate relationships, both within the City and with entities
with which the City has or reasonably requires a policy or business relationship. Consideration may
be given once annually to a merit increase in Manager's salary, in addition to any automatic salary
adjustment, upon evaluation by the City Council of Manager's performance during the past year.
5. Severance Pay In the event Manager is removed and this Agreement is terminated
without cause, including removal for disability, during the first twelve months after the Effective
Date, City will pay Manager severance pay equal to six (6) months of his salary, without benefits,
except that City will pay Manager's COBRA continuation coverage health insurance premium for
six (6) months. Severance pay and COBRA continuation coverage premiums will not be paid for
removal or termination for cause. "Cause" shall be defined to mean: conviction of a felony offense,
conduct or behavior injurious to the best interests of the City, material breach of this Agreement,
insubordination, nonfeasance, malfeasance or misfeasance in the performance of his duties, or
misuse of City properties, funds or privileges. Severance pay will be paid if the removal or
termination relates to unsatisfactory performance or failure to meet goals, objectives and
expectations, or other cause, that does not involve any of the factors recited in the previous sentence.
Manager shall have the right to renegotiate the provisions of this paragraph relating to severance pay
after December 1, 2001, but there is no assurance that any change will be approved by the City
Council.
6. Resignation Manager may resign as City Manager upon sixty (60) days' advance
written notice to the City specifying the date of resignation. Upon the effective date of resignation,
Manager shall not be entitled to any further salary or benefits provided for by this Agreement, except
payment of accrued vacation and sick leave in accordance with City's personnel ordinances then in
effect.
7. Benefits Except as otherwise provided herein, Manager shall receive not less than
the same fringe benefits provided by City to City's management personnel under City's personnel
ordinances as amended from time to time, including: hospital and dental insurance, holidays,
personal holidays, sick leave, funeral leave, family and medical leave, and vacations, provided
however, on the Effective Date Manager will receive credit for five days vacation and he shall accrue
additional vacation at the level of fifteen years of service, or twenty -one days each year.
8. Life Insurance City will pay the premium not to exceed $3,000.00 per year, for term
life insurance (with accidental death and dismemberment coverage) insuring Manager in the amount
of three times the Manager's salary rounded up, if necessary, to the nearest $25,000.00. It is
Manager's responsibility to obtain the insurance and submit to City an invoice for policy premiums.
Should Manager terminate the life insurance policy for any reason, City is not obligated to continue
to pay for said policy or to provide a new insurance policy.
9. Deferred Compensation City will pay an amount equal to ten percent (10 %) of
Manager's salary to the ICMA Retirement Corporation ( "ICMA -RC ") for Manager's participation
in ICMA -RC's retirement plan on behalf of Manager, in equal proportional amounts each month.
Manager may designate another qualified fund or funds other than ICMA -RC provided City is an
eligible employer to participate in such fund. Manager understands and agrees that he will not be
a covered participant or member in the Colorado Public Employees' Retirement Association
("PERA "). Manager is hereby authorized to and shall make a one -time written irrevocable election
to be exempted from membership in PERA within thirty (30) days after the Effective Date.
10. Physical Examination Manager will submit in the first quarter of each year to a
complete physical examination by a qualified physician selected by Manager, the cost of which will
be paid by City.
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11. Reimbursable Expenses Manager may be required as a condition of employment to
incur reasonable and necessary expenses in connection with his duties hereunder. Manager shall be
reimbursed by City for such expenses in accordance with the City's expense reimbursement policy,
provided however, that before payment shall be made to Manager, all requests for reimbursement
shall be approved by the President of the City Council.
12. Outside Activities Manager shall not spend any time in remunerated business outside
this Agreement, nor shall he spend more than ten (10) hours per week in non - remunerated non -City
connected business, without the prior approval of the City Council.
13. Professional Organizations Participation in professional organizations, appointive
boards, and committees and voluntary programs by Manager are encouraged, provided they are
consistent with the responsibilities of the City Manager of City. City will provide membership fees,
conference fees, travel and subsistence expenses incurred in Manager's professional and official
travel, meetings, and conferences within the scope of the annual budget.
14. Automobile and Equipment City will provide Manager an automobile or automobile
allowance of $500.00 per month at Manager's option. If the City provides an automobile allowance,
Manager shall be responsible for all insurance, repairs, maintenance, gas and oil for his automobile.
In addition, City will provide for Manager's exclusive use a cell phone, pager and laptop computer
with docking stations for both the office and Manager's residence.
15. Moving Expenses City shall reimburse Manager, or City may pay directly, for the
expenses of moving Manager's and his family's personal property from Jupiter, Florida to Pueblo,
Colorado, based upon the lowest responsible bid of three bids received from reputable moving
companies. The expense of moving personal property includes packing, unpacking, necessary
storage for not more than four months, and insurance charges. In addition, Manager shall be entitled
to three (3) days' paid leave during Manager's move to Pueblo, Colorado.
16. Residency Manager understands and agrees that pursuant to Section 4 -1 of the
Charter, Manager must reside within the corporate limits of the City during his tenure of office.
Therefore, Manager shall on or before February 1, 2001 establish residency within the corporate
limits of the City, and thereafter during the effective period of this Agreement reside within the
corporate limits of the City.
17. Relocation Allowance Within thirty (30) days after the Effective Date, Manager
shall be paid a relocation allowance of $5,000.00 in partial reimbursement of expenses incurred by
Manager for his and his family's relocation to the City of Pueblo. Any relocation expenses incurred
over this amount shall be considered Manager's personal expenses. If Manager resigns or is
removed for cause within two years from the Effective Date, Manager shall repay to City two - thirds
of the $5,000.00 relocation allowance. If Manager resigns or is removed for cause after two years
but within three years from the Effective Date, Manager shall repay the City one -third of the
$5,000.00 relocation allowance. Such repayment of relocation expenses shall be paid in full, either
by cash or set -off on the effective date of resignation or removal, or thirty (30) days thereafter, at the
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election of City.
18. Starting Date Manager will commence employment as City Manager of Pueblo on
December 1, 2000. However, since Manager may not have time to relocate his family before the
holiday period, Manager may take vacation leave during the period December 22, 2000 through
January 2, 2001, but must be present at the City Council meeting scheduled for December 26, 2000.
19. Other Terms and Conditions of Employment The City Council, after discussions
with Manager, shall have the right to fix any other terms and conditions of employment, not
inconsistent with or in conflict with the provisions of this Agreement, the City Charter of Pueblo
Municipal Code, or any other law, as the City Council may determine in its sole discretion from time
to time. All provisions of Colorado law, the Charter and Pueblo Municipal Code, and rules and
regulations of the City relating to management employees as they now exist or are hereafter amended
also shall apply to Manager as they apply to other management employees of the City generally. City
will not, at any time during the effective term of this Agreement, reduce the salary of Manager,
except to the degree of such a reduction across - the -board for all employees of the City.
20. Indemnification To the extent permitted by law, City will defend, save harmless, and
indemnify Manager from and against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Manager's duties as City Manager of City, provided that the act or omission arose
while the Manager was acting in good faith within the performance of his duties and course of his
employment. Such indemnification shall apply regardless of whether the notice of filing of a lawsuit
for such tort, claim, demand or other legal action occurs during or following Manager's employment
as City manager of Pueblo. City, in its sole discretion, may provide separate legal counsel for
Manager and may compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered therein. This paragraph shall not be construed as applicable in
matters arising out of the removal of Manager or termination of this Agreement.
21. Bonding City shall pay the full cost of fidelity or other bond required of Manager
under any law or ordinance.
22. Arbitrations Any dispute or controversy arising out of or relating to any
interpretation, construction, performance or breach of this Agreement, shall be settled by binding
arbitration to be held in Pueblo, Colorado, in accordance with the rules then in effect of the
American Arbitration Association, along with the rules for discovery and other matters consistent
with the Colorado Rules of Procedure then in effect. The arbitrator may not award any punitive,
exemplary or other damages, other than compensatory damages for breach of this Agreement. The
arbitrator's decision shall be final, conclusive and binding on the parties to the arbitration. Judgment
may be entered on the arbitrator's decision in any court of Colorado having jurisdiction. City and
Manager shall each pay one -half of the cost and expense of such arbitration, and each shall separately
pay their legal counsel's fees and expenses.
23. Compliance With Amendment 1 . Financial obligations of City payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
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otherwise made available. Failure to make such funds available in any future fiscal year unless such
action is the result of a prior termination for cause will be deemed a termination not for cause for the
purposes of paragraph 5 hereof.
24. Miscellaneous
(a) This Agreement shall constitute the entire agreement and understandings of
the parties with respect to the subject matter hereof and supersedes all prior agreements, statements,
understandings, communications, and promises between the parties concerning such subject matter
whether oral or written.
(b) This Agreement shall not be assignable by either party and shall be binding
upon and inure to the benefit of the parties and their respective heirs, personal representatives and
successors.
(c) This Agreement may be modified or amended by mutual consent in writing
signed by both parties.
(d) If any provision of this Agreement is determined to be invalid or
unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed severable, shall
not be effected by such determination, and shall remain in full force and effect.
(e) This Agreement shall be governed in accordance with the laws of the State
of Colorado.
25. Notices Any notice given or required to be given pursuant to this Agreement shall
be given in person, or by first class mail to the last known address of the person maintained on file
with the City Clerk's office. Notice to the City shall be given to the President of the City Council
or in his/her absence to the City Clerk.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
day and year first above written.
PUE , A MUNICIP CORPORATION
Attest:
By n A 1
City rk President of the City Council
Approved as to form:
City Attorn
Lee R. Evett
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CHARTER OF PUEBLO -- ARTICLE II SECTION 8
OATH OF OFFICE
I Lee Evett DO SOLEMNLY SWEAR (or affirm) that I
will support the Constitution and Laws of the United States and of the State of Colorado,
the Charter and Ordinances of Pueblo, and will faithfully perform the duties of the
employment upon which I am about to enter.
Subscribed and sworn to before meth.._
1st day of December, 2000