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2001-085- Amending Agreement Between The Town Of Los Gatos And Town Manager And Authorizing The Mayor To Sign Amendment On Behalf Of The Town Of Los GatosRESOLUTION 2001- 85 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER ANID AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF THE TOWN OF LOS GATOS WHEREAS, an Agreement between the Town of Los. Gatos and the Town Manager, Debra J. Figone, was approved by the Town Council on October 16, 2000.; and WHEREAS, the Agreement includes linkages between the benefits and compensation provided in the Management Compensation Plan and benefits and compensation provided the Town Manager; and WHEREAS, it is desired that Town Manager, Debra J. Figone be able, without conflict, to mare recommendations and .carry out Council direction regarding management employee labor .relations, including all .aspects of the Management Compensation Plan; and WHEREAS, amending the Agreement to remove linkages described herein shall meet these goals. RESOLVED, by the Town Council of the Town of Los Gatos, County of .Santa Clara, .State of California, that the Town of Los Gatos enter into an amendment to the Agreement with the Town Manager (a copy of which is attached and incorporated herein); and BE IT FUR'i:~~ER RESOLVED, that the Mayor ~J authorized and hereby directed to execute said Amendment. to the Agreement in the name and behalf of the Town of Los Gatos. PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16t" day of July, 2001 by the following vote; COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None .ABSTAIN.: None SIGNED.: OR OF TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: . ~_Gc-~-- ~~ . CLERK OF THE TOWN O LOS GATOS LOS GATOS, CALIFORNIA FIRST AMENDMENT TO THE AGREEMENT FOR EMPLOYMENT TOWN MANAGER DEBRA J. FIGONE This Amendment to Agreement is entered into this day of July 2001, and is effective as of , 2001, by and between the Town of Los Gatos, a municipal corporation ("Town") and Debra J. Figone. RECITALS: WHEREAS, Town and Debra J. Figone executed an Agreement .approved on October 16, 2001 (Exhibit A, attached hereto and incorporated herein); and WHEREAS, the Town Council and the Debra J. Figone desire to :amend the Agreement to eliminate linkages between the benefits and compensation as provided in the Management Compensation Plan and the benefits and compensation provided the Town Manager; and to set forth the Town Manager ?benefits in the Agreement. IT IS THEREFORE AGREED by the parties as follows: 1. Section 4 is amended to read as follows: 4. Compensation (a-c) No change. (d) Management Benefits. Figone shall receive the following benefits: (A) Retirement and health benefits consistent with those provided in accordance with Town contract with the CalPERS. (B) Cash Allocation of $745 per month which can be applied on a pre-tax basis to medical, vision and dental insurance or taken in the form of cash. (C) Town paid life insurance in the amount of $50,000 and $50,000 for accidental death and dismemberment. (D) Short-term disability insurance effective the 8t" day of disability with a weekly benefit of :$1300 for a maximum of 13 weeks. Long-term disability insurance with a monthly benefit of $6,000. (E) Access to the Town's Employee Assistance Program (EAP). Premium shall be paid by the Town. (F) Access to the Town's Vision plan offered through Vision Service Plan (VSP). Town shall provide employee only coverage. Dependents .may be covered at Figone's expense. (G) The following paid holidays: January 1 (New Year's Day), the 3`a Monday in January (Martin Luther King's Birthday), the 3ra Monday in February {President's Day), the last Monday in May (Memorial Day), July 4 (Independence Day), the first Monday in September (Labor .Day), Thanksgiving Day, the Friday fo lowing Thanl~sgiving Day, December 25 (Christmas Day), Four (4) hours each on December 24 and 31. (H) Salary and full benefits to be continued during periods of court- assigned jury duty. (I) A maximum of five (5) days paid bereavement leave for death of a parent, spouse, child,. dependent, sibling, and grandparent by blood or marriage. {e-f) No change. (g) Administrative Leave. Figone ..shall be entitled to five (5) days of administrative leave per year. Figone shall be entitled to use or redeem administrative leave in whatever manner is permitted pursuant to Town policy, as same maybe amended from time to time by action of the Town Council. (h-l~) No .change. {l) Compensation Changes. Should the Town Council, upon completion of its annual review of Figone's performance pursuant to this Agreement, determine that Figone has .met its performance expectations, the Town Council shall increase Figone's compensation. Figone understands and agrees that she has no entitlement to an increase in compensation. Any decision to increase Fgone's compensation shall be retroactive to the beginning of the pay period immediately preceding the anniversary of the Effective Date when the review is conducted pursuant to this .Agreement. 2. Section 11 is amended to read as follows: 11. Other Terms and Conditions (a) No change. (b) Section (b) is hereby deleted in its entirety. 3. The terms and conditions of the Agreement, except as herein amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed. this Amendment to the Town Attorney Agreement on the date written above. TOWN OF LOS GATOS BY: Mayor of the Town of Los Gatos BY: Debra J. Figone, Town Manager APPROVED AS TO FORM: ATTEST: Orry P. Korb, Town Attorney Marian V. Cosgrove, Town Clerlc