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09 Staff Report - Agreement Between Town of Los Gatos and Town ManagertpW N OF COUNCIL AGENDA REPORT DATE: January 11, 2007 MEETING DATE: 1/1.6/07 ITEM NO. TO: MAYOR AND TOWN COUNCIL FROM: RUMI PORTILLO, HUMAN RESOURCES DIRECTOR SUBJECT: ADOPT RESOLUTION AMENDING THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN MANAGER AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN OF LOS GATOS RECOMMENDATION: Adopt resolution of the Town Council of the Town of Los Gatos amending agreement between the Town of Los Gatos and the Town Manager and authorizing the Mayor to sign amendment on behalf of Town of Los Gatos. DISCUSSION: The Town Council approved an agreement with the Town Manager, effective November 13, 2000, which provides for an annual performance evaluation and possible salary adjustments. A review of the Town Manager's performance has been completed and the following salary adjustment is deemed appropriate: The annual base salary-shall be increased by 5%, from $181,514 to $190,590, retroactive to November 5, 2006. A recent audit conducted by the Public Employees Retirement System ("PERS") recommended that the Town Manager's contract specify that any bonus or incentive award be paid for superior performance in accordance with a structured evaluation plan with identified performance goals and objectives. That would ensure that a bonus awarded to the Town Manager be treated for PREPARED BY RUMI PORTILLO Human Resources Director RP:pg N:AMGR\AdminWorkPi1es\2007 Council Reports\TM Employment Contract Council Report Jan 16 2007.doc Reviewed by: Assistant Town Manager L.-Town Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AMENDING THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN MANAGER AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN OF LOS GATOS JANUARY 11, 2007 DISCUSSION: (continued) retirement purposes consistent with bonuses awarded to all other management staff, who may qualify to receive bonuses based on similar language in the Management Compensation Plan. The attached amendment includes the recommended language. FISCAL IMPACT: Funding for an increase in the Town Manager's compensation is available in the FY 2006-2007 adopted budget. Attachment: Resolution of the Town Council of the Town of Los Gatos amending agreement between the Town of Los Gatos and the Town Manager and authorizing the Mayor to sign amendment on behalf of Town of Los Gatos RESOLUTION 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 a one-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, 2005 and November 6, 2006, the Town Council has determined the Town Manager's salary will be increased by 5% from $181,514 to $190,590, retroactive to November 5, 2006; and WHEREAS, a recent audit conducted by the Public Employees Retirement System ("PERS") recommended that the Town Manager's contract specify that any bonus or incentive award be paid for superior performance in accordance with a structured evaluation plan with identified performance goals and objectives. 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 ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2006 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:AMGR\AdminWorkFiles,2007 Council Reports' l'own Man ,er A~_neemcnt Resolutioi.doc AMENDMENT TO THE TOWN MANAGER AGREEMENT This Amendment to Town Agreement AGR is entered into this day of January 2007, and is effective as of November 5, 2006, 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, 2005 and November 5, 2006, and determined the Town Manager compensation shall be adjusted. WHEREAS, a recent audit conducted by the Public Employees Retirement System ("PERS") recommended that the Town Manager's contract specify that any bonus or incentive award be paid for superior performance in accordance with a structure evaluation plan with identified performance goals and objectives to ensure that a bonus awarded to the Town Manager be treated for retirement purposes consistent with bonuses awarded to all other management staff. IT IS THEREFORE AGREED by the parties as follows: Item 4 subsection (a) of the Agreement is amended to read as follows: 4. Compensation. (a) Effective November 5, 2006, Town shall pay Figone the annual base salary of one hundred ninety thousand five hundred and ninety dollars ($190,590.00) ("Base Salary"), in installments at the same time as other employees of Town are paid. 2. Item 9 of the Agreement is amended to read as follows: 9. Performance Review. (c) Any bonus or incentive award paid for superior performance shall be awarded in accordance with a structured evaluation plan with identified performance goals and objectives. N:AMGR\AdminWorkFiles\2007 Council Reports\Town Manager Agreement Amendment 2006-07.doc Page 1 of 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 BY: Joe Pirzynski, Mayor BY: Debra Figone, Town Manager N:AMGR\AdminWorkPiles\2007 Council Reports\Town Manager Agreement Amendment 2006-07.doc Page 2 of 2