HomeMy WebLinkAboutApprove First Addendum to December 4, 2006 Employment Agreement with Chris Kukulski.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk
Greg Sullivan, City Attorney
SUBJECT: Approve First Addendum to December 4, 2006 Employment Agreement Between the City of Bozeman and Chris Kukulski.
MEETING DATE: December 14, 2009
AGENDA ITEM TYPE: Consent RECOMMENDATION: Determine whether to approve the First Addendum to December 4, 2006
Employment Agreement Between the City of Bozeman and Chris Kukulski.
BACKGROUND: On December 4, 2006, the City Commission entered into a contract with Chris
Kukulski for Mr. Kukulski to serve as the Bozeman City Manager. That contract expires on June 30,
2010. You recently requested City Attorney Sullivan draft an extension of this Agreement.
The attached Agreement provides an Addendum to the 12/4/06 Agreement and extends the contract
for an “indefinite term.” Section 3.10 of the Bozeman City Charter states, “The city commission, by
a majority vote of its total membership, shall appoint a city manager for an indefinite term…” Prior
to the adoption of the Charter you were able to enter into a term contract. That option no longer exists under law. I included a provision that requires you to review the contract prior to June 30, 2011.
You will also note I propose two other amendments that reflect the above described Charter
provision. No other provisions of the December 4, 2006 agreement have been altered. FISCAL EFFECTS: None other than continued payment of wages and benefits.
ALTERNATIVES: As suggested by the City Commission. Attachments:
• First Addendum to December 4, 2006 Employment Agreement Between the City of Bozeman
and Chris Kukulski; and
• December 4, 2006 Employment Agreement Between the City of Bozeman and Chris Kukulski
Report compiled on: December 9, 2009
46
Addendum to December 4 2006 Employment Agreement between the City of Bozeman and Chris A. Kukulski Page 1 of 2
First Addendum to the December 4, 2006 Employment Agreement Between the City of Bozeman and Chris A. Kukulski
THIS IS AN AGREEMENT made as of the 14th day of December, 2009 between THE CITY
OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, PO Box 1230, Bozeman,
MT 59771-1230, through its duly elected Commission, (Commission) and Chris A. Kukulski,
with an address of 1445 Cherry Drive, Bozeman, MT (Employee).
WHEREAS, the parties entered into an Employment Agreement on June 28, 2004, and
on December 4, 2006, which is included herein as Attachment A; and
WHEREAS, the parties, having duly considered their rights under law, wish to amend the
December 4, 2006 Agreement pursuant to the limitations in the Bozeman City Charter; and
WHEREAS, Section 3.10 of the Bozeman City Charter states, “The city commission, by
a majority vote of its total membership, shall appoint a city manager for an indefinite term…”
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
conditions contained herein, the parties agree as follows:
1. To amend the following provisions of the December 4, 2006 Employment Agreement:
a. Section 1 (Term) shall be amended as follows:
Subsection A shall be replaced in its entirety with the following: “The parties
agree the Employment Agreement shall be extended from the date of signature by
both parties for an indefinite term. The parties agree to review the contract prior
to June 30, 2011.”
Subsection B shall be deleted in its entirety.
47
Addendum to December 4 2006 Employment Agreement between the City of Bozeman and Chris A. Kukulski Page 2 of 2
Subsections C, D and E shall be renumbered recognizing deletion of subsection
B but shall remain unchanged in all other respects.
b. Section 9 (Termination) shall be amended to read as follows:
Subsection F shall be replaced in its entirety with the following: “Upon failure to
reach agreement regarding renewal of this Employment Agreement.”
All other provisions of Section 9 shall remain in effect.
2. All other provisions of the December 4, 2006 Employment Agreement shall remain in
effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written.
CITY OF BOZEMAN
________________________________
KAAREN JACOBSON
Mayor
Attest:
____________________________
STACY ULMEN, CMC
City Clerk
EMPLOYEE:
___________________________________
Chris A. Kukulski
48
49
50
51
52
53
54
55
56
57
58