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HomeMy WebLinkAboutAgenda - 11-20-2012 - 5o ti 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 2012 Action Agenda Item No. 5-o SUBJECT: Amending the County Manager's Employment Contract DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: John Roberts, 245-2318 Third Employment Agreement Amendment PURPOSE: To amend the County Manager's employment contract to allow for an amended hire date and a travel allowance. BACKGROUND: The County Manager's annual review was conducted by the Board of County Commissioners on October 23, 2012. The attached amendment to the Manager's employment agreement reflects the changes requested by Board of Commissioners. Those changes involve granting the Manager an annual travel allowance of $6,000 and amending the Manager's hire date to June 15, 2009. FINANCIAL IMPACT: $6,000 annually for the travel allowance. RECOMMENDATION(S): The Attorney recommends the Board approve the amended contract. 2 ORANGE COUNTY THIRD EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS AMENDMENT, made and entered into this the 20th day of November, 2012, by and between the County of Orange, a body politic and corporate of the State of North Carolina, hereinafter called "County", party of the first part, and Frank W. Clifton Jr. hereinafter called "Employee", party of the second part: WITNESSETH: WHEREAS, the County and Employee entered into an Employment Agreement dated October 6, 2009, for the management of the general operations of the County government;and WHEREAS, the Employment Agreement was first Amended on the 19th day of October, 2010 (hereinafter"Amended Agreement"); and WHEREAS, the Amended Agreement was again amended on the 5th day of December 2011; and WHEREAS,the County and Employee (the "Parties") desire to amend the Amended Agreement a third time,while keeping in effect all terms and conditions of the Amended Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Amended Agreement as follows: SECTION 2:TERM Section 2 is amended by adding the following sentence to Subsection A: For retirement purposes Employee's date of full-time employment is amended to reflect a hire date of June 15, 2009. SECTION 10: OTHER BENEFITS Section 10 is amended by adding the following sentence: Employee shall receive a travel allowance of$500.00 per month. Except for the changes made to Sections 2A and 10 herein, the Amended Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Amended Agreement and the terms of this Amendment, this Amendment shall control. [SIGNATURE PAGE TO FOLLOW] 3 IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. SIGNATURE PAGE TO FOLLOW COUNTY EMPLOYEE BY: Bernadette Pellissier Frank W. Clifton Jr. Chair, Board of County Commissioners ATTEST: CLERK: [SEAL] Donna Baker This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director