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HomeMy WebLinkAboutresolution.council.123-22RESOLUTION No. 123 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE MAYOR TO EXECUTE A THIRD ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, Sara G. Ott "Employee" is currently employed by the City as the City Manager; and, WHEREAS, the City Council has completed its most recent review of Employee for the evaluation period of September 1, 2021— August 31, 2022; and, WHEREAS, the City Council has found Employee's performance to meet and/or exceed standards; and WHEREAS, the City and Employee desire to amend the previously enter Employment Agreement on terms mutually agreeable to the parties conditioned upon the adoption of this addendum pursuant to a Resolution approved by City Council at a Regular Meeting of City Council; WHEREAS, Section 3, COMPENSATION, of the Employment Agreement provides that any adjustment to the compensation of the Employee shall be memorialized in writing, including the effective date of any such chances, signed by both parties; and WHEREAS, both parties wish to amend section 4.5 CASHOUT OF ACCRUED LEAVE to allow additional annualized payout of accrued leave and memorialize such amendment; NOW, THEREFORE, the Mayor is hereby directed to execute the attached third addendum to the Employee's Employment Agreement dated September 3, 2019. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 15"' day of November, 2022. WM4=- Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Counci f the City of Aspen, Colorado, at a meeting held, November 15th, 2 S Nicole Y16ning, City Clerk DocuSign Envelope ID: 5F2B1009-B357-4A1 F-81347-AKC6F3139464 Third addendum to Employment Agreement between City of Aspen, Colorado and Sara G. Ott THIS THIRD ADDENDUM made this %? 'day of V, 2022, modifies the EMPLOYMENT AGREEMENT for City Manager, dated September 3, 2019, ("Agreement") by and between the CITY OF ASPEN (hereinafter referred to as "City"), and SARA G. OTT (hereinafter referred to as "Employee"), as follows: WITNESSETH: WHEREAS, Employee is currently employed by the City as the City Manager; and, WHEREAS, the City Council has completed its most recent review of Employee for the evaluation period of September 1, 2021 — August 31, 2022; and, WHEREAS, the City Council has found Employee's performance to meet and/or exceed standards; and WHEREAS, the City and Employee desire to amend the previously enter Employment Agreement on terms mutually agreeable to the parties conditioned upon the adoption of this addendum pursuant to a Resolution approved by City Council at a Regular Meeting of City Council; WHEREAS, Section 3, COMPENSATION, of the Employment Agreement provides that any adjustment to the compensation of the Employee shall be memorialized in writing, including the effective date of any such chances, signed by both parties; and WHEREAS, both parties wish to amend section 4.5 CASHOUT OF ACCRUED LEAVE to allow additional annualized payout of accrued leave and memorialize such amendment; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. The annual compensation of the Employee is increased to $249,999.30, retroactive to September 1, 2021. 3. The employee is entitled to receive benefits calculated on the new compensation rates with an effective date of September 1, 2021. 4. Retroactive payment and benefits shall occur no later than December 9, 2022. Deductions authorized by law, City Council policy, or at the direction of the Employee may be made from and applied to the retroactive payment. DocuSign Envelope ID: 5F2B1009-B357-4A1 F-81347-AXCU369464 5. Section 4.5 Cash Out of Accrued Leave shall be restated and amended to read "Employee shall retain the rights she enjoyed as the Assistant City Manager and Interim City Manager under the City's Compensation Program in terms of the timing of her right to" cash out" accrued but unused leaves. Further, the employee is eligible for up to an additional 100 hours of accrued leave out in a fiscal year. " 6. All other terms of the Employment Agreement shall remain in full force and effect. EMPLOYEE: by: Signature[OcciAlrin" a Sara G. Ott CITY OFMFte___ Signature: Torre, Mayor Attest by: Dac�Slgnad by: Signature: " ' hukim Nicole Henning, City Clerk Approved Leflon"iby: Signature:' James R. True, City Attorney Date: 11/23/2022 1 9:03:10 Ar Date: 11/22/2022 1 11:36:16 A Date: 11/16/2022 1 11:10 : 46 1 Date: 11/18/2022 1 9:01:38 AM _