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HomeMy WebLinkAboutCity Council Resolution 2013-225CITY OF PLYMOUTH RESOLUTION No. 2013-225 A RESOLUTION APPROVING 2013 COMPENSATION FOR THE CITY MANAGER WHEREAS, the City Council has appointed Dave Callister city manager of the City of Plymouth effective July 15, 2013; and WHEREAS, the terms of the employment agreement fall within the approved budget for the city manager's 2013 compensation package. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does: Approve the attached 2013 employment agreement for the City Manager Dave Callister. Approved this 9th day of July, 2013. EMPLOYMENT AGREEMENT AGREEMENT made this 15th day of July, 2013, by and between the City of Plymouth ("City") and David Callister ("Employee"). The parties agree as follows: 1. POSITION. City agrees to employ Employee as its City Manager. Employee agrees to serve as City Manager in accordance with the position description and to perform the duties and responsibilities of the position, as well as duties assigned to him from time to time by the City. 2. PENSION PLAN. City shall contribute an amount equal to the percentage the City would pay to the Public Employees Retirement Association (PERA) on behalf of Employee, at Employee's option either to PERA or to a deferred compensation plan approved by Employee and the City Council. In addition, City will contribute 4% of base salary for Employee's benefit to a deferred compensation plan approved by Employee and the City Council. The contribution to deferred compensation will be made on a prorated basis throughout the year. The total of the contributions made upon this paragraph may not exceed the maximum provided by law. 3. SALARY. City shall pay Employee a salary of One Hundred Forty Thousand ($140,000.00) Dollars per year starting July 15, 2013. On July 15, 2014, and July 15, 2015 the base salary will also be increase by $5,000 each year if Employee meets mutually agreed upon performance measures. 4. PERFORMANCE REVIEW. Employee shall be given a performance review after six (6) months, after one year and annually thereafter. 5. ANNUAL LEAVE. Employee has been employed by the City since 2012 and was credited with having nine (9) years of employment for purposes of determining annual leave. He shall continue to accumulate annual leave and others benefits at a rate consistent with that provided to non -represented employees with similar tenures. Accrued annual leave and similar benefits may be carried over from year to year, at limits established for non -represented employees. When Employee leaves employment, Employee shall be paid his accrued annual leave, as allowed for non -represented employees. 6. HOLIDAYS. City shall provide Employee the same holidays as enjoyed by other non - represented employees. 7. INSURANCE. City shall provide medical, dental, life, and disability insurance benefits, consistent with that provided to non -represented employees. 8. REIMBURSED EXPENSES. City will reimburse Employee for reasonable and necessary job-related expenses, as allowed for all City employees. 9. AUTOMOBILE. Employee shall be paid a monthly allowance of $ 450 for use of his personal automobile for Employer business. 10. PROFESSIONAL DEVELOPMENT. City shall budget and pay the costs for Employee necessary for continued participation in national, state, and local associations desirable for Employee's continued professional growth and development. This includes memberships in professional associations, subscriptions, dues, seminars and conferences within Minnesota, and one (1) seminar per year outside the State of Minnesota. 11. HOURS OF WORK. It is understood that the position of City Manager requires attendance at evening and weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee may absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings. 12. TERMINATION BENEFITS. In the event that Employee is terminated by the City during such time that Employee is willing and able to perform the duties of City Manager, then in that event City agrees to pay Employee at the time of receipt of his last pay check a lump sum cash payment equal to six (6) months aggregate salary and to continue to provide and pay for the benefits set forth in paragraph 7 above for a period of one (1) year following termination (collectively "termination benefits"). However, in the event Employee is terminated because of his conviction for an illegal act involving personal gain to Employee, then City shall have no obligation to pay the termination benefits. If City at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than an across-the-board reduction for all other non -represented employees, or if Employee resigns following a formal suggestion by Employer that he resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with City, Employee agrees to give the City thirty (30) days advance notice. If Employee voluntarily resigns his position with City, there shall be no termination pay due to Employee. 13. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with the City, subject only to the provisions of this Agreement. 14. INDEMNIFICATION. Employer shall defend and indemnify Employee pursuant to Minn. Stat. §466.07 and §465.76. In addition, Employer shall defend, hold harmless, and indemnify Employee from all torts; civil damages, penalties, and fines; violation of statutes, laws, riles, and ordinances, provided the Employee was acting in the performance of the duties of the position. The Plymouth City Council has authorized the Mayor to execute this Agreement on behalf of the City. The Mayor and Employee have executed this Agreement in duplicate. CITY OF PLYMOUTH EMPLOYEE: Mayor David Callister