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Draft of Cty Mgr Contract Agreement0 City CITY MANAGER EMPLOYMENT AGREEMENT THIS AGREEMENT, made this 31st day of March 1981, by and between the City of Hopkins, Minnesota, a municipal corporation, hereinafter called the as party of the first part, and William P. Craig, hereinafter called "Manager party of the second part: WITNESSETH: WHEREAS, the City has employed the services of the said William Craig in the capacity of its City Manager since 1977, all pursuant to the appropriate City tion and, WHEREAS, it is the Charter provisions of the City or goals to be accomplished or performed during the this agreement: a. Prepare and execute final plan for R -46 area; b. Oversee CBD North Redevelopment Bond escrow monies; c. Oversee Southwest Industrial and other laws and regula- desire of both parties to establish certain condi- tions of employment and work regulations of and for said Manager; to provide 0 inducement for the said Manager to remain in such employment and to provide a just means for terminating the Manager's services at such time as he may be unable fully to discharge his duties due to age or disability, or when the City may desire otherwise to terminate his employment; NOW, THEREFORE, in consideration of the mutual covenants herein con- tained the parties hereto agree as follows: Section 1. DUTIES: City hereby agrees to employ said William P. Craig, as its Manager to perform all of the functions and duties specified in the City Charter and by the City Code of Ordinances and other Resolutions of the City, and applicable State laws, and to perform such other legally per- missible and proper duties and functions as the City Council may from time to time assign, including but not limited to, the following specific tasks two year term of Close -out preparation and escrow; d. Prepare, and present for approval ment plan; e. Resolve landfill (sale or other re -use) f. Hire and train -in replacements for Clerk and Finance Director; g. Reorient city revenue structure to current massive federal changes; h. Build (or rebuild) a city garage; Continue program to loop city water visions set forth in Section ment. long -range downtown redevelop lines Deal with crisis in contamination of city water supply; k. Install 911 emergency telephone system; 1. Replace non emergency telephone system with modern equipment; m. Continue to review and oversee County Road 18 project; n. Establish inspection -on -sale program for multi- family dwellings (if approved); o. Prepare new floodplain ordinance and regulations as required by the Federal government. Section 2. TERM: A. Manager agrees to remain in the exclusive employ 3 paragraphs A of the City until March 31, 1983, and neither to seek, to accept, nor to become employed by any other employer until said termination date, unless said termination date is effected as hereinafter provided. B. In the event written notice is not given by either party to this contract to the other ninety (90) days prior to the termination date as hereinabove provided, this contract shall be extended on the same terms and conditions as herein provided, all for an additional period of two years. C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of the Manager at any time, subject only to the pro- B, of this agree- D. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Manager to resign at any time from his position with the city, subject only to a 90 day written notice of such termination. Section 3. TERMINATION AND SEVERANCE PAY: A. In the event the Manager is terminated by the City Council before expiration of the aforesaid term of employment and during such time the Manager is willing and able to perform the duties of Manager, then in that event the City agrees to pay the Manager a lump sum cash payment equal to three (3) months' aggregate salary; provided, however, that in the event the Manager is terminated because of his conviction of any illegal act in- volving personal gain to him, then, in that event,` the City shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event the City at any time during the employment term reduces the salary or other financial benefits of the Manager in a greater percentage than an applicable across- the -board reduction for all City employees, or in the event the City refuses, following written notice, to comply with any other provision benefiting the Manager herein, or the Manager resigns follow- ing a suggestion, whether formal or informal, by the City Council that he resign, then, in that event the Manager may at his option, be deemed to be "terminated at the date of such reduction or such refusal to comply with the meaning and context of the herein severance pay. provision. Section 4. SALARY: City agrees to pay the Manager for his services rendered pursuant here- to an annual base salary of $34,750, payable in installments at the same time as other employees of the City are paid. In addition, City agrees to increase said base salary and /or other 0 0 benefits of the Manager in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of an annual salary review of said Manager made at the same time as similar consi- deration is given other employees generally. Section 5. AUTOMOBILE The Manager's duties require that he shall have the unrestricted use at all times during his employment with the City of an automobile provided to him by the City. City shall be responsible for paying liability, propert damage, and comprehensive insurance and for the purchase, operation, main tenance, repair,and regular replacement of said automobile. Section 6. DUES AND SUBSCRIPTIONS: City agrees to budget and to pay the professional dues and subscrip- tions of the Manager necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation growth, and advancement, and for the good of the City. Section 7. PROFESSIONAL DEVELOPMENT: City hereby agrees to budget and to pay the travel and subsistence ex- penses of the Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of the Manager and adequately pursue necessary official and other functions for City, in- cluding but not limited to the Annual Conference Management Association, the State League of Municipalities of the International national, regional, state, and local government groups and committees there- of which the Manager serves as a member. City also agrees to budget and to pay for travel and subsistence ex- penses of the Manager for short courses, institutes, and seminars that are necessary for his professional development and for the,good of the City. Section 8. GENERAL EXPENSES: City recognizes that certain expenses of a nonpersonal City and such other and generally job affiliated nature are incurred from time to time by the Manager, and hereby agrees to reimburse or to pay said general expenses, and such monies upon receipt of duly executed expense or petty cash vouchers receipts, statements, or personal affidavits. Section 9. CIVIC CLUB MEMBERSHIPS: City recognizes the desirability provided by the ICMA retirement plan. Section 13. NORMAL RETIREMENT SYSTEM: of representation in and before local civic and other organizations, and Manager is authorized to become a member of such civic clubs or organizations, including one luncheon club in the Citl of Hopkins, it being mutually understood that the expenses of the luncheon club membership are to be paid from the Manager's annual salary. Section 10. VACATION, SICK AND MILITARY LEAVE: The Manager shall accrue and have granted to his personal account vaca- tion and sick leave at the same rate as other general .employees of the City Q and shall be entitled to military reserve leave time pursuant to State Law ar existing City policy. Section 11. DISABILITY, HEALTH AND LIFE INSURANCE: City agrees to provide hospitalization insurance for Manager and his dependents and to pay the premiums thereon equal to that which is provided all other City supervisory employees, or in the event no such plan exists, to provide same for the Manager. Section 12. RETIREMENT ICMA PLAN: City agrees to execute and maintain the presently existing agreement Manager shall be covered by the category of City Manager. Section 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT: A. The City Council shall fix any such terms and conditions of employ- ment, as it may determine from time to time, relating to the performance of the Manager, provided such terms and conditions are not inconsistent with normal City retirement system in the or in conflict with the provisions of this agreement, the City Charter, or any other law. B. All provisions of the City Charter and Code, and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and workin g condi tions as they now exist or hereafter may be amended, also shall apply to PP Y Manager as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of the Manager, except g pt as herein provided. Section 15. GENERAL PROVISIONS: A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Manager. C. This agreement shall become effective commencing April 1, 1981. D. If any provision, or any portion thereof, contained in this agree- meet is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Hopkins has caused this agreement to be signed and executed in its behalf by its Mayor and duly attested by its city Clerk, and the City Manager has signed and Y 4 g d executed this agreement, both in duplicate, the day and year first above written. By: ATTEST: JERRE A. MILLER, MAYOR H. E. RICHARDSON, CITY CLERK B y: APPROVED AS TO FORMS 0 0SEPH C. VESELY, CITY ATTORNEY CITY OF HOPKINS: WILLIAM P. CRAIG, CITY MANAGER