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HomeMy WebLinkAboutResolution 98-260 N.C.S. 12/07/1998 Resolution No. 98-zso N.C.S. 1 2 of the Ciry of Petaluma, California 3 4 APPROVING AMENDMENT TO THE AGREEMENT FOR EMPLOYMENT OF 5 CITY MANAGER AND AUTHORIZING MAYOR TO EXECUTE SAID AMDENDMENT 6 7 8 9 10 WHEREAS, Frederick Stouder executed the current Agreement for Employment of City 11 Manager on December 15, 1997 and began employment with the City as City Manager on February 2, 12 1998; and 13 14 WHEREAS, the City Council and Frederick Stouder wish to amend the current Agreement for IS Employment of City Manager. 16 17 NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of Petaluma 18 does hereby approve the amendment (attached hereto at Exhibit A) to the Agreement for Employment 19 of City Manager. 20 21 BE IT FURTHER .RESOLVED that the Mayor is hereby authorized to execute said 22 amendment on the City's behalf. 23 24 25 26 27 28 f250 29 11/30/98 (toile) Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (AY1)Nil~id)?[ meeting on the ...4.th day of -........De.CEmIIe,P..................._......., 19...x.$, by the following vote: Ci tt ey AYES: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss NOES: None , ABSENT: (One se t v resignation Mary Stompe) ~ ' ~ ATTEST : .....y City Clerk a or cduoa~ aaa (',1 Iu.xS Nrs. Nn.._..98-?6 4,C5. J~ V V V l~ AMENDMENT TO THE AGREEMENT FOR _ _ _ EMPLOYMENT OF GTI'Y MANAGER This amendment to the Agreement for Employment of City Manager between Frederick Stou/der ("Employee") and-the City o%~~aluma, a charter city (the "City"), is entered into this ~7 day of -1i}98-~The parties understand and agree as follows: WHEREAS, the City of Petaluma and Frederick Stouder currently have in place an Agreement for Employment of City Manager; and WHEREAS, it is desired 'that the City of Petaluma adjust certain portions of compensatiori and modify provisions of the employment contract of Frederick Stouder. NOW, THEREFORE, the City of Petaluma and Frederick Stouder hereby agree to amend the Agreement for'Employment of City Manager and particularly Sections 2, 4; 6, 7, 8, 13, ]4, and 1'S of said agreement as follows: Section 2 is to 6e amended by adding the following: "D. This Agreement will remain in full force and effect and shall continue for a.term of twenty-four (24)'months commencing December I5, 1998. Notwithstanding,this term as set forth herein, unless this Agreement is terminated by either party pursuarit to the provisions herein, one (1) year before the expiration of this Agreement or 'any extension thereof (extension date), this Agreement shall automatically be extended for an additional period of one (1) year so that as a I ~ ~ 6~ result of the extension there will be a remaining term of two (2) years, provided Employee provides notice to the City Council of said upcoming `extension date' between 45 and 60 days before the `extension date'. IfEmployee fails to give such notice, the term of the Agreement shall not be automatically extended." Section 4 shall be modified to read as follows: "A. Not-withstanding any provisions herein including but not. limited to Section 2(D), the City Council shall have the right to terminate the Employee at will. ~ If the Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event, the City agrees to pay Employee a lump sum cash payment equal to six (6) months' salary; provided, however, that in the evem Employee is terminated for malfeasance, misfeasance, or any criminal activity, then in that event, the City shall have no obligation to pay the severance sum designated-in this paragraph. The City shall gibe the Employee a minimum of forty-five (45) days' written notice prior to terminating the employment of the Employee. as City Manager as provided herein, provided that if the Employee is terminated for cause due to malfeasance,, misfeasance, or any criminal activity, the forty- five{45) day notice requirement shall not apply..." Section.6 shall be modified to read as follows: "A. The City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $110,000 payable in 2 installments at the same time as other employees of the City are paid. During the first year of employment, performance and a salary review shall be made after the initial six months, and at the end of the first. year of employment. Thereafter, formal performance reviews will be conducted twice , annually, uriless the City Council and the Employee mutually agree otherwise, in January and in July. Employee shall receive a salary increase of three percent. (3%) of the base salary in January 1999 and a two percent (2%) increase of the base salary in April 1999. Notwithstanding. the foregoing, nothing shall be construed in this contract as prohibiting the City Council and the City Manager from otherwise agreeing to a salary adjustment at any other time of the year." Section 13 shall be modified to read`as follows: "Employee shall be reimbursed up to $7,500 in reasonable and .normal common carrier costs of moving household goods from Burien, Washington.to the City of Petaluma, and for costs incurred in traveling to Petaluma twice in search of housing accommoda- tions.. Such costs and• expenses must be incurred on or before July 1, 2000. It is anticipated that the employee may have to move more than once before he finds a suitable home. If, however, reasonable and noiriial common carrier costs of moving household goods, as approved by the City, exceeds $7;500, the City Manager will be reimbursed for at least. one trip priorto.February 2, 1998 by the City Manager and spouse in search of housing. Payment for these costs will be made to the Employee after submittal of all invoices o the City." 3 Section 6(B), Section 7, Section 8, Section 13; Section 14, and Section 15(C) shall be amended to inserCthe word "Employee" in place of the words "City Manager." IN WITNESS WHEREOF, the City has caused this agreement to be signed and duly executed on its behalf by the Mayor and duly attested by the City Clerk, and Employee has signed and executed this agreement the date and year first above written. CITY OF PETALUMA Dated: /~-~.3/ ~98 ~/mar d~l~ ~ FREDERICK S OUDER Dated: ~1 ~ ~ ~ -S /~~Yo2 ATTEST: ity Clerk agent 12/31/98 (fmk) 4