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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 -2- 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. -2- 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 -3- 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 0 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 -5- 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