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HomeMy WebLinkAbout8E - Employment Contract EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this Yl1l1 day of December, 1999 by and between the CITY OF PRIOR LAKE, a political subdivision of the State of Minnesota ("City"), and Francis F. Boyles III ("Manager"). IN CONSIDERATION of the terms and conditions contained herein, the parties agree as follows: 1. Employment. During the term of this Agreement, the Manager shall serve as City Manager of the City, and shall assume and perform, in a conscientious and diligent manner at all times, all of the duties and responsibilities incidental to such position as defmed herein and as are reasonably assigned to him from time to time by the City Council. Manager shall use his best efforts in the performance of his duties, and shall spend substantially his full time in connection therewith, except in the event of illness, disability, vacation or other absence permitted by the City. Manager shall work such hours as are reasonably assigned to him by the City from time to time. 2. Thrm. This Agreement shall be effective as of December 20, l.2.22. except as herein specified and shall continue indefinitely unless or until earlier terminated as provided in Section 6 below, or until such time as the Manager voluntarily terminates expployment by thirty (30) days written notice. Manager shall remain in the exclusive employment of the City during the term of this Agreement. For the purposes of this section, "exclusive employment" shall exclude any teaching, writing, consulting, speaking or military reserve service undertaken by Manager during his non-work hours. 3. Compensation. As base compensation for services rendered from November 1, l.2.22. through November 1, 2000, the Manager shall receive $~,m.oo per annum in equal installments at the same time as the City pays its City employees, subject to all applicable taxes. Pay retroactive to November 1, l2.22. shall be paid as lump sum subject to all applicable taxes. 4. Benefits. Manager shall receive the following benefits at no cost to him: . Vacation. The Manager's paid vacation shall be 20 days (in addition to the paid public holidays as provided for other City Department Heads). Carryover of unused vacation time from one (1) contract year to another shall be in accordance with City policy for Department Heads. Any unused accrued vacation time shall be paid to Manager in cash at termination of employment at the then-existing base rate of pay. (a) (b) Sick Days. Paid sick days and sick leave payment plan (including initial thirty (30) day bank) in accordance with City policy for department heads; (c) Insurance. Medical contribution to Sill per month, dental contribution to $40 per month and long term disability insurance contribution to $25 per month. (d) Life Insurance. In lieu of term life insurance coverage the City shall pay an annual contribution of $1000 to a universal life insurance policy owned by the Manager. . (e) Retirement Plan Contribution. The City shall contribute 5.18 % of Manager's base salary to PERA. (t) Car Allowance. $425 car allowance per month, plus mobile cellular phone with monthly fees paid for City related activities; the City shall also reimburse the Manager for mileage costs incurred for City related activities outside of the seven county metropolitan area at the then-existing IRS Federal Mileage Reimbursement Rate; (g) Professional Development. Dues and fees for the following, provided that such items are reasonably necessary to the professional development of the Manager, and subject to City Council approval in the budget process or otherwise: ~ Licenses, journals, publications; ~ Seminars, conferences and short courses within Minnesota and one seminar/conference per year outside the State of Minnesota; ~ Membership in professional associations and service organizations. (h) Reimbursement of Expenses. Reimbursement for reasonable and necessary meals, travel, lodging, and entertainment expenses, properly documented and actually incurred by Manager in connection with the affairs of the City or in connection with the professional development described in paragraph 4(g) above. (i) Manager shall also be eligible for any other benefit plans or programs available to department heads now or in the future. 5. Performance Evaluation. The City Council shall review and evaluate the performance of Manager ("Performance Evaluation") annually within 30 days of November 1, 2000 and every anniversary year thereafter (see Addendum A - Performance Evaluation Form). The Council shall conduct the Performance Evaluation according to specific criteria developed jointly by the Council and Manager. Upon written notice to Manager, such criteria may be amended from time to time as the Council in its discretion may determine. Within a reasonable time after the Performance Evaluation is conducted, the Evaluation Committee shall provide Manager with a copy of the consolidated performance evaluation from all Councilmembers and a summary # written statement of the fmdings of the Council and provide an adequate opportunity for Manager to discuss his evaluation with the Council. 6. Termination of Employment. Manager is an at will employee of the City. As such, he may be terminated by the City Council in its sole discretion at any time, with or without cause. Upon termination of Manager's employment, and subject to the severance provisions of Section 7 below, all rights and obligations under this Agreement shall cease at that time, other than those which have accrued prior thereto. This Agreement shall terminate immediately upon death of the Manager, fraud, theft, gross negligence or gross misconduct of Manager of his duties, or conviction of a felony or a gross misdemeanor. 7. Severance. In the event this Agreement is terminated by the City in accordance with section 6 above, unless such termination is due to Manager's conviction of a felony or gross misdemeanor, . -----r-...-----.----..----.---.-------.- fraud, theft, gross negligence, or gross misconduct of Manager of his duties, the City shall provide Manager with a minimum of thirty (30) days advance written notice and terms, conditions and severance pay as set out in subparagraphs (A?m below. (A) Payment. 1. Compensation. The City shall continue on the 1st and 15th of each month to pay Employee $6.877.75 per month, subject to all applicable taxes, for J/An.-ff) (~) months following the effective date of Employee's termination gr J;Kig~ion. . 7( A) , 2. Benefits. During the period set forth in ]kKJ above, the City will continue to pay Employee $S!lJl per month as the City paid contribution towards payment of Employees medical, dental and long-term disability insurance. 3. Vacation Pay. The Manager shall be gIven a lump sum payment for all accumulated vacation pay. ;Yc r . e City agree at the Employe s not disqualifi from receiv' reemployme insurance as result of a vol leave, d' arge for mis nduct, or disch ge for gross mi nduct as those t are defmed . inn. s~/o~/ 2 .09. :/ 8. Legality. The parties covenant and agree that the provisions contained herein are reasonable and are not known or believed to be in violation of any federal or state law or regulation. In the event a court of competent jurisdiction fmds any provision contained herein to be illegal or unenforceable, such court may modify such provision to make it valid and enforceable. Such modification shall not affect the remainder of this Agreement which shall continue at all times to be valid and enforceable. No payment may be made under this Agreement in excess of the . .. . maxunum amount permItted by apphcable law. 9. Interpretation. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements between the parties. This Agreement can only be modified in writing signed by both parties. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 10. Assignment. The rights and obligations of the City to the Manager in this Agreement, may not be transfer or assigned by the Manager. . --------.---r------.----....-- .-.----..,-- 11. Arbitration. Any controversy concerning a question of fact arising under this Agreement shall be determined by arbitration in accordance with the rules then in effect for the American Arbitration Association. IN WITNESS WHEREOF, the parties have caused the execution of this Agreement the day and year fIrst above written. This document excluding exhibits consists of 5 pages. CITY OF PRIOR LAKE By: Mayor Francis F. Boyles III. . . ~--------_._._.__._.__.._---_.._._.._...__.