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2006-018-Amending Agreement Between The Tolg And Town Manager And Authorizing The Mayor To Sign Amendment On Behalf Of The TolgRESOLUTION 2006 - 018 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS 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 GATOS WHEREAS, an Agreement between the Town of Los Gatos and the Town Manager, Debra Figone, was approved by the Town Council on October 16, 2000; and WHEREAS, the Agreement provides that the Town Council shall evaluate the Manager's performance annually and may adjust the base salary or provide aone-time, lump sum payment or some combination of both, based upon an assessment of the Manager's performance; and; WHEREAS, after completing a review of the Town Manager's performance between November 6, 2004 and November 6, 2005, the Town Council has determined the Town Manager's salary will be increased by 5% effective November 6, 2005, and effective January 1, 2006, the Town's contribution to health insurance premiums for the Town Manager shall be increased to $1,256. 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). BE IT FURTHER RESOLVED, that the Mayor is authorized and hereby directed to execute said Amendment to the Agreement in the name and behalf of the Town of Los Gatos. PASSED AND AD®PTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6"' day of March, 2006 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: 'None ABSENT: None ABSTAIN: None SIGNED: )~ ~ (/VV MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTES,~T~.: °-~~~ ~ ~1~uQ~e-~-~ CLERK. ADM S RATOR OF THE TOWN OF LOS GATOS LOS GA'TOS, CALIFORNIA C:\Documents and Settings\MRasmuss\Local Settings\Temp\3-6Town Manager Agreement Resolution.wpd ~c~~~; ~~. a ~.:z. AMENDMENT TO THE TOWN MANAGER AGREEMENT This Amendment to Town Agreement AGR02-338 is entered into this _ day of March 2006, and is effective as of November 6, 2005., by and between the Town of Los Gatos, a municipal corporation ("Town") and Debra Figone. RECITALS: WHEREAS, Town and Debra Figone executed an Agreement approved on October 16, 2000; and WHEREAS, the Town Council evaluated Debra Figone's performance for the period between November 6, 2004 and November 6, 2005, and determined the Town Manager compensation shall be adjusted. IT IS THEREFORE AGREED by the parties as follows: 1. Item 4 subsections (a) and (d) of the Agreement are amended to read as follows: 4. Compensation. (a) Effective November 6, 2005 Town shall pay Figone the annual base salary of one hundred eighty-one thousand five hundred and fourteen dollars ($181,514.00) ("Base Salary"), in installments at the same time as other employees of Town are paid. (d) Management Benefits. Except as otherwise set forth in this Agreement, in addition to the benefits specified herein, Figone shall receive any and all employee benefits otherwise accorded Town's executive management employees, including without limitation paid retirement benefits consistent with Town policy through the Public Employees Retirement System and health benefits, and as those benefits maybe changed from time to time. (I) Effective January 1, 2006, the Town will contribute up to $1,256 for the Family Medical Insurance Plan which can be applied on a pre-tax basis to medical, vision and dental insurance. (ii) As an alternative to the Family Medical Insurance Plan, the Town Manager may choose to receive a cash allotment consistent with Group I Managers in the Town's Management Compensation Plan. C:\Documents and Settings\MRasmuss\Local Settings\Temp\3-6-06 Town Manager Agreement.wpd 2. 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 Manager Agreement on the date written above. TOWN OF LOS GATOS DEBRA FIGONE BY: Diane McNutt, Mayor APPROVED AS TO FORM: Orry P. Korb, Town Attorney Debra Figone, Town Manager ATTEST BY: Marlyn Rasmussen, Clerk Administrator C:\Documents and Settings\MRasmuss\Local Settings\Temp\3-6-06 Town Manager Agreement.wpd 2