1. City Attorney Retirement AgreementRETIREMENT/SEVERANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
2001, by and between the City of Kalispell (hereinafter City), a
municipal corporation, and Glen Neier,
19��11■����'1�1■.EI
WHEREAS, the parties hereto have mutually agreed as to the
terms of a retirement/severance package whereby
Glen Neier shall terminate the employment relation-
ship heretofore existing between the City of
Kalispell and Glen Neier.
NOW THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. Glen Neier will retire from the position of City Attorney
effective September 14, 2001 (Separation Date).
2. The City shall pay to Glen Neier ten months (Severance
Period) severance pay at current salary in equal monthly
installments ($4,337.32 Gross, subject only to standard
payroll taxes), including present health insurance and
retirement contributions. First payment is due and
payable on September 25, 2001 with subsequent payments
due and payable on the 25"` of each month thereafter with
the final payment to be made on June 25, 2002.
3. As of September 14, 2001, Glen Neier will have
accumulated 1,497.34 hours of sick leave, entitling him
to cash compensation upon separation for 374.34 hours to
be paid as follows: Gross cash, subject only to standard
payroll taxes, at currenthourly rate of $25.02, in lieu
of 300 hours on September 14, 2001 and cash for the
remaining 74.34 hours on January 4, 2002.
4. As of September 14, 2001, Glen Neier will have
accumulated 386.00 hours of vacation leave to be paid as
follows: Gross cash, subject only to standard payroll
taxes, at current hourly rate of $25.02, for all
accumulated hours on January 4, 2002.
5. Glen Neier will not accrue any more sick leave or
vacation after separation date.
6. Glen Neier will be available for consultation/advice via
telephone or conference with Manager, Council Members,
Department Heads, City Clerk, Attorney Secretary,
Assistant City Attorney, City Attorney and Personnel
Specialist for ten months on an on -call basis. The
consultation commitment shall be for a total of eighty
six (86) hours over the ten month period for an average
of approximately nine (9) hours per month. At the
conclusion of the ten month period, if the actual
consulting hours are less than 86, the actual hours
consulting shall be considered as fulfillment of the
obligation hereunder. Any consulting hours in excess of
86 during the 10 month period, shall be at the hourly
rate of $125.00 per hour to be paid by the City.
Consulting does not include legal research or written
opinions. Glen Neier will provide the City Manager with
a monthly statement on or before the 15"' of each month
during the severance, accounting for the amount of time
spent consulting with the City during the prior month,
and a cumulative total of the total consulting time spent
during the severance period to the date of each report.
7. In sole consideration for the City's performance under
this Agreement, Glen Neier hereby releases, forever
discharges, and covenants not to sue, severally and
jointly, for himself, his heirs, executors,
administrators, and assigns, the City, its
representatives, officers, agents and employees, or its
successor, from all claims, demands, rights, causes of
action of any nature, present or contingent, disputed or
undisputed, past or future, judgments or executions,
which Glen Neier has had or now has against the City, its
representatives, officers, agents or employees, by reason
of his employment or separation from employment by the
City of Kalispell from any and all damages or
consequences arising therefrom.
a. Glen Neier acknowledges that performance under
this Agreement by the City shall be in full
settlement and satisfaction of all claims,
demands, causes of action or damages claimed
or sustained by Glen Neier resulting from the
separation from employment.
b. It is agreed that this Agreement is the
settlement of a disputed claim, and that the
performance under this Agreement by the City
shall not be construed as an admission of
liability on the part of the City, its
representatives, officers, agents and
employees, by whom liability is denied.
B. In sole consideration for Glen Neier's performance under
this Agreement, the City hereby releases, forever
discharges and covenants not to sue Glen Neier, from all
claims, demands, rights, causes of action of any nature,
present or contingent, judgments or executions, which the
City has had or now has against Glen Neier, by reason of
his employment or separation from employment with the
City.
9. Glen Neier shall not represent any person or entity in a
civil action against the City nor shall he represent any
person or entity in a matter coming before the City
Council during the severance period. Glen Neier may
represent persons in criminal or civil matters before
Municipal Court during the severance period.
10. This Agreement contains the entire agreement between Glen
Neier and the City, and the terms of this Agreement are
contractual and not a mere recital. Glen Neier and the
City agree that they have not been influenced in making
this release by any representation or statement not
contained herein regarding any matter whatsoever.
11. In the event either party to this Agreement should bring
suit against the other with respect to this Agreement, or
the enforcement thereof, then all reasonable costs and
expenses, including without limitation, actual profes-
sional fees and costs such as accountants' and attorneys'
fees and costs, incurred by the party which prevails in
such action, whether by final judgment or out of court
settlement, shall be paid by the other party, which
obligations on the part of the other party shall be
deemed to have accrued on the date of the commencement of
such action and shall be enforceable whether or not the
action is prosecuted to judgment.
12. This Agreement shall inure to the benefit of the
respective parties' heirs and successors.
Dated this day of
City of Kalispell
2001.
By:
Its:
Glen Neier