Loading...
Employment Agreement CITY OF SALINA, KANSAS CITY MANAGER EMPLOYMENT AGREEMENT CITY MANAGER EMPLOYMENT AGREEMENT TABLE OF CONTENTS Introduction P.1 Section 2: Duties and Authority P.1 P.1 Section 1: Term Section 3: Compensation P.1 Section 4: Health, Disability and Life Insurance Benefits P.2 Section 5: Vacation, Sick, and Military Leave P.2 Section 6: Automobile P.2 Section 7: Retirement P.2 Section 8: General Business Expenses P.3 Section 9: Termination P.4 Section 10: Severance P.4 Section 11: Resignation P.5 Section 13: Hours of Work p.5 P.5 Section 12: Performance Evaluation Section 14: Outside Activities P.5 Section 15: Moving and Relocation Expenses P.5 Section 16: Bonding P.6 Section 17: Other Terms and Conditions of Employment P.6 Section 18: General Provisions P.6 City Manager Employment Agreement Introduction This Agreement, made and entered into this 18th day of April, 2005, by and between the City of Salina, Kansas, a municipal corporation, (hereinafter called "Employer") and Jason A. Gage (hereinafter called "Employee"), an individual who has the education, training and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1: Term This agreement shall remain in full force and effect from Employee's first day of employment, which shall be July 5,2005, and shall remain in effect as long as Employee serves as City Manager, unless modified in writing by the consent of the parties or until terminated by the Employer or Employee as hereinafter provided. Section 2: Duties and Authority Employer agrees to employ Jason A. Gage as City Manager to perform the functions and duties specified in the City Charter, city ordinances, and applicable Kansas statutes; and to perform other legally permissible and proper duties and functions as the Employer's governing body may assign. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $115,000, payable in installments at the same time that the other management employees of the Employer are paid. B. Pay Plan Adjustments: Employee's base salary under this agreement shall be automatically adjusted by the same percentage and at the same time as any adjustments to the Employer's overall pay plan approved by the Employer's governing body. C. Periodic Review: Periodic reviews of Employee's base salary shall be conducted by the Employer, either in conjunction with the annual performance review addressed in Section 12 below or at such other times as Employer deems appropriate, with any adjustments to base salary based upon such criteria as the governing body deems appropriate, in consultation with Employee. Section 4: Health, Disability and Life Insurance Benefits A. Health Insurance: The Employer agrees to provide and to pay the premiums for the City's group health, hospitalization, and dental benefit plan for the Employee and his dependents equal to that which is provided to all other employees of the Employer. B. Life Insurance: Employer agrees to provide the Employer's group term life insurance policy to the Employee upon the same basis as all other employees of the Employer and to pay the premiums thereon. C. Disability Insurance: Employer agrees to provide the Employee with disability insurance coverage on the same basis as all other employees of the Employer. D. Physical Examination: Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to the examination. Section 5: Vacation, Sick, and Military Leave A. Vacation: Employee shall accrue, and have credited to his personal account, paid vacation leave at the rate of fifteen (15) days per year. Employee's vacation leave for his first year of employment shall be deemed to have accrued upon commencement of employment. B. Sick Leave: Employee accumulated unused sick leave during his prior employment with the Employer for which he was not compensated upon leaving. Upon commencement of employment under this Agreement, Employee's accumulated sick leave from his prior term of employment shall be reinstated. Employee shall then accrue sick leave at the same rate as other employees of the Employer. C. Military Leave: Employee shall be entitled to military reserve leave time pursuant to federal law, state law and city policy. Section 6: Automobile Allowance Employee shall receive an allowance of $500 per month for business use of his vehicle. For business trips outside the City, Employee shall receive additional compensation for each mile driven pursuant to the city mileage reimbursement policy. Section 7: Retirement A. Kansas Public Employers Retirement System (KPERS): The Employer participates in KPERS. Upon Employee's qualification for participation under KPERS, Employer agrees to pay on behalf of Employee all KPERS determined costs at the 1.75% benefit level, for purchases under the "modified double deduction" method of Employee's 2 eligible prior in-state and out-of-state service. Upon retirement or other separation from employment, any KPERS required payments for remaining in-state or out-of-state service credit shall be the responsibility of Employee. B. ICMA-RC: In addition to the Employer's payment to KPERS referenced above, Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation (ICMA-RC) for Employee's participation in said supplementary retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay an amount equal to eight percent (8%) of Employee's base salary into the designated plan on the Employee's behalf, in equal proportionate amount each pay period. Section 8: General Business Expenses A. Dues and Subscriptions: Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. B. Professional Development: Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including, but not limited to the ICMA Annual Conference, the League of Kansas Municipalities (LKM), Kansas Association of City/County Management (KACM) and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. Employee agrees to annually attend a professional or personal development seminar in addition the ICMA, LKM, and KACM annual conferences. C. Seminars: Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. D. Job-related Expenses: Employer recognizes that certain expenses of a non- personal but job related nature are incurred by Employee, and agrees to reimburse or to pay such general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits in accordance with the Employer's reimbursement policies. E. Civic Club Dues: The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in the local civic club of Employee's choice. 3 Section 9: Termination For the purpose of this agreement, termination shall occur: 1. If a majority of the governing body votes to terminate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature acts to amend any provisions of the City Charter, city ordinances, or Kansas law pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. Section 10: Severance If termination of the Employee occurs as defined in Section 9 above during such time that Employee is willing and able to perform his duties under this Agreement, then in that event, Employer agrees to: 1. Pay Employee a cash payment equal to six (6) months base salary and car allowance, to be paid in a lump sum unless otherwise agreed by Employer and Employee. 2. Make a contribution to the Employee's designated ICMA-RC plan on the value of the base salary component of this compensation calculated using the rate ordinarily contributed on regular compensation. 3. Pay the cost to continue for a period of six (6) months the health, hospitalization, dental and life insurance benefits referred to in Section 4 above. 4. Pay Employee for all accrued vacation and sick leave in accordance with Employer's policy. If the Employee is terminated, however, because of a conviction of either a felony or any illegal act involving personal gain to him, then the Employer is not obligated to pay severance under this section. 4 Section 11: Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice, unless the parties agree otherwise. Section 12: Evaluations A. Performance Evaluation: Employer shall annually review the performance of the Employee, subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. B. Goal Evaluation: The Employer and the Employee shall semi-annually define and evaluate such goals and performance objectives which they determine necessary for the proper operation of the City and for the attainment of the governing body's policy objectives. Definition and evaluation of such goals and performance objectives shall be subject to a process, form, criteria, and format which shall be mutually agreed upon by the Employer and Employee. Section 13: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Employee may engage in specific teaching roles, with the Employer's advance consent. For a period not to exceed six (6) months following commencement of employment under this agreement, Employee may provide assistance to his former employer, the City of Stillwater, Oklahoma, so long as such assistance neither results in any cost to Employer nor impacts Employee's job performance. Section 15: Moving and Relocation Expenses A. Residency: Employee agrees to establish and maintain residence within the corporate boundaries of the City of Salina. B. Movinq Expenses: Employer shall reimburse Employee for the actual expenses of moving Employee and his family and personal property from Stillwater, Oklahoma, to 5 Salina, Kansas. Moving expenses include packing, moving, storage costs, unpacking, and insurance charges. C. Movinq Travel Expenses: Employer shall either payor reimburse Employee for actual lodging and meal expenses necessary for his family in the course of moving. Mileage costs for moving two personal automobiles shall be reimbursed at the Employer's mileage reimbursement rate. D. House Locatinq Trips: The Employee shall be reimbursed for actual lodging and meal expenses incurred by Employee or his family members for up to as many as three (3) trips to Salina, Kansas, for the purpose of identifying a family home. Section 16: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 17: Other Terms and Conditions of Employment A. Terms and Conditions: The Employer, only upon agreement with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. B. Other Benefits: Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other employees of the Employer as provided in the City Charter, city ordinances, personnel policies or by practice. Section 18: General Provisions A. Inteqration: This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Bindinq Effect: This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Severability: The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provision. In the event that any provision of this 6 Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. EXECUTED by the duly authorized representatives of the parties on the day and year first stated above. CITY OF SALINA, KANSAS 4", -t- I) Iàt",Aü <- (. / Monte D. Shadwick, Mayor By: ATTEST: By: L~~~C) JASON A. GAGE //} I / , J~,H¿' I.~' /~/L~ '-'" Jason A. Gage 7