HomeMy WebLinkAbout19A-89 RESOLUTIONs
RESOLUTION NO. 119A-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH MR. JAMES
L. PENNINGTON CONCERNING THE TERMS OF HIS
CONSULTANT STATUS AFTER DECEMBER 31, 1989.
BE IT RESOLVED BY TILE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute an agreement Mr. James L.
Pennington concerning his consultant status after December 31,
1989. A copy of the agreement authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 19th day of December
ATTEST,,
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APPROVED:
, 1989.
By Zaearre/ aiteglo
Mayor
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AGREEMENT
This AGREEMENT entered into this day by and between James L.
Pennington, hereafter referred to as "City Manager" and the City
of Fayetteville, Arkansas, hereafter referred to as the "City",
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for and in consideration of the mutual covenants and agreements
herein set forth, WITNESSFTH•
1. The City Manager has freely and willingly tendered his
resignation effective December 31, 1989 and the City has freely
and willingly accepted such.resignation.
2. The City Manager and the City stipulate and agree that it
is in the mutual best interests of all parties for the City
Manager to continue his employment with the City in a consulting
capacity for a period of time not to exceed ninety (90) days from
the effective date of his resignation.
3. Accordingly, the City Manager agrees to work for the City
in a consulting capacity for the period beginning January 1, 1990
and ending on or before March 31, 1990 for the same monthly salary
and benefits as the City Manager received from the City at the
time of his resignation.
4. During the aforementioned ninety (90) days period, the
City Manager will receive health insurance benefits, life
insurance, disability insurance, and retirement contributions in
the same amounts as if he had continued his employment as city
manager past December 31, 1989.
The City agrees to make such benefit payments and
contributions only for the aforementioned ninety (90) day period.
Payments to the ICMA retirement fund, for example, will be for
January, February, and March of 1990 and not for the remainder of
that year or future years. The City will continue to pay all dues
and subscriptions for the City Manager only if such become due and
owing prior to the effective date of his resignation of December
31, 1989.
5. In addition, the City Manager may continue the
uninterrupted use of his current city office space, secretarial
support, and city automobile during the aforementioned ninety (90)
day period.
The City Manager
agrees that the use of such
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space, support and automobile is at the sole and complete
discretion of the city and that all or part of such uses may be
withdrawn by the city at anytime upon reasonable notice to the
City Manager.
6. The City Manager agrees to cooperate with available city
staff and/or members of the Fayetteville City Board of Directors
during the term of this contract as a consultant to assist the
city in an orderly transfer of functions to any new city manager.
7. The term of this contract shall be for the aforementioned
ninety (90) day period ending March 31, 1990 or until the
effective date of full-time employment by the City Manger in some
other capacity, whichever occurs first.
8. The City Manager hereby waives any right, entitlement, or
interest to any accrued benefits from his employment with the city
other than as specifically provided for herein.
9. Neither party shall assign this AGREEMENT or any payments
or benefits due or to become due hereafter. The law of the State
of Arkansas shall govern the construction and interpretation of
this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT
on this 5th day of December , 1989.
CITY OF F YETTEVILLE, ARKANSAS
BY: .4/./162.22.- !/
Mayor
APPRO ED AS TO FO I:
By:
J rr E.IRose
City Attorney
JAMES L.. PENNINGTON'
City planager