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HomeMy WebLinkAbout12443RESOLUTION NO. 12443 A RESOLUTION APPOINTING JAMES MUNCH INTERIM CITY MANAGER, APPROVING AN EMPLOYMENT AGREEMENT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND REPEALING RESOLUTION 12435 TO THE EXTENT INCONSISTENT HEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Pursuant to Article 4 of the Charter of Pueblo, James Munch, a resident of the City of Pueblo, is hereby appointed Interim City Manager of Pueblo for a temporary and indefinite term commencing July 2, 2012 to serve at the pleasure of the City Council. SECTION 2. The Employment Agreement between James Munch and the City, 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. By accepting the appointment as Interim City Manager, James Munch understands, acknowledges and agrees that (a) this appointment is temporary and that he will resign as Interim City Manager immediately upon request of City Council, and (b) that he knowingly and voluntarily waives all rights under the provisions of Section 4-3 of the Charter concerning removal of the City Manager and agrees that such provisions shall not apply to his temporary appointment to this position. SECTION 4. To the extent inconsistent herewith, Resolution No. 12435 is repealed and rescinded, nunc pro tunc, as of June 18, 2012. SECTION 5. This Resolution shall become effective upon final passage and approval. INTRODUCED: July 2, 2012 BY: Steve Nawrocki COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: July 2, 2012 AGENDA ITEM # C-1 DEPARTMENT: City Council TITLE A RESOLUTION APPOINTING JAMES MUNCH INTERIM CITY MANAGER, APPROVING AN EMPLOYMENT AGREEMENT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND REPEALING RESOLUTION 12435 TO THE EXTENT INCONSISTENT HEREWITH ISSUE Should City Council appoint James Munch as Interim City Manager and approve an Employment Agreement between the City and Mr. Munch? RECOMMENDATION None. BACKGROUND The Resolution and Employment Agreement between the City and James Munch appoints and employs Mr. Munch as Interim City Manager for an indefinite term commencing July 2, 2012 to serve on a temporary basis at the pleasure of the City Council until City Council completes a City Manager recruitment process. Due to limitations of the Public Employees Retirement Association ("PERA"), Mr. Munch may only work 110 days during a calendar year, and for that reason, his salary is set forth in the Employment Agreement at $580 per business day worked. Under the Employment Agreement and the approving Resolution, Mr. Munch waives any rights under §4-3 of the Charter concerning his rights upon removal from office, and he agrees to resign immediately upon the request of City Council. The compensation for Mr. Munch will be paid out of the 2012 budget approved for the Office of City Manager. FINANCIAL IMPACT See Background. EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT entered into as of July 2, 2012 between Pueblo, a municipal corporation (the "City ") and James Munch ( "Munch "), WITNESSETH: WHEREAS, City desires to appoint and temporarily employ Munch as Interim City Manager of City upon the terms and conditions contained herein, and WHEREAS, Munch is willing to accept such appointment and employment upon the terms stated herein. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Munch agree as follows: 1. Employment. City does hereby appoint and employ Munch as the Interim 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 him. 2. Term. Munch is appointed and employed as Interim City Manager for an indefinite term commencing July 2, 2012 (the "Effective Date "). Munch shall serve at the pleasure of the City Council. By accepting the appointment as Interim City Manager, Munch understands, acknowledges and agrees that (a) this appointment is temporary and that he will resign as Interim City Manager immediately upon request of City Council, and (b) that he knowingly and voluntarily waives all rights under the provisions of Section 4 -3 of the Charter concerning removal of the City Manager and agrees that such provisions shall not apply to his temporary appointment to this position. 3. Salary. For services performed as Interim City Manager, Munch shall be paid compensation at the per diem rate of $580.00 for each business day actually worked. A business day actually worked shall mean any calendar day other than Saturdays, Sundays or City holidays upon which Munch actually provides services for City in excess of four (4) hours and up to sixteen (16) hours; provided, however, that it is the expectation of the parties that Munch will work at least eight (8) hours during any compensable day. 4. Benefits. Except as otherwise provided herein, Munch shall not receive any benefits ordinarily 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 vacation leave. However, Munch shall be permitted to schedule reasonable vacation days which shall not be compensable by City. 5. PERA. Munch is a retired PERA member and may not work for more than 110 days in any calendar year. City will make all required PERA employer contributions based upon per diem compensation actually paid to Munch, and employee contributions to PERA will be withheld from compensation otherwise payable to Munch • • 6. Reimbursable Expenses. Munch may be required as a condition of employment as City Manager to incur reasonable and necessary expenses in connection with his duties as City Manager. Munch 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 Munch, all requests for reimbursement shall be approved by the President of the City Council. 7. Outside Activities. Munch shall not spend any time in remunerated business or activities outside this Agreement; provided, however, that this provision shall not prohibit Munch from performing services for a nominal amount, such as one dollar, for or on behalf of the HARP Authority. 8. Automobile and Equipment. City will provide Munch with an automobile allowance of $300.00 per month. Munch shall be responsible for all insurance, repairs, maintenance, gas and oil for his automobile. 9. Residency. Munch represents that he resides within the corporate limits of the City and agrees to maintain such residence during his tenure of office as Interim City Manager. 10. Bonding. City shall pay the full cost of fidelity or other bond required of an Interim City Manager under any law or ordinance. 11. Arbitration. 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 Civil Procedure then in effect. The arbitrator shall apply Colorado law and shall not vary any provision of this Agreement. 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. 12. 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 only by mutual consent in a writing 2 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 affected 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. 13. Notices. Any notice given or required to be given to Munch pursuant to this Agreement shall be given in person, or by first class mail to the last known address of the Interim City Manager maintained on file with the City Clerk's office. Notice to the City shall be given in person 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. PUEBLO, A MUNICIPAL CORPORATION ATTEST: ■S‘ City erk Presid- t of e 'ity Council APPROVED AS TO FORM: ^ °m mM AD J. es Munch )1°' City Attorne °i'' ,' „1 3