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HomeMy WebLinkAbout164-91RESOLUTION NO. 164-91 APPROVING THIRD AMENDMENT TO PROFESSIONAL SERVICES EMPLOYMENT AGREEMENT WITH GEORGE A. SIPEL WHERF~S, on March 7, 1988, the Town of Danville entered into a Professional Services Employment Agreement with George A. Sipel relating to his services as Town Manager; and WHEREAS, said Agreement provides that Sipel will be considered for a performance- based increase in compensation at least once a year; and WHEREAS, the Danville Town Council has evaluated the Town Manager's performance over the past year and has determined that Sipel has performed his duties in a diligent, professional and highly satisfactory manner; and WHEREAS, based upon such evaluation, the Town Council has determined to increase the compensation set forth in said Agreement; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville, that the Mayor be and is hereby authorized to execute, on behalf of the Town, a Third Amendment to the Professional Services Employment Agreement with George A. Sipel, in the form as attached hereto and incorporated in full herein by this reference, together with such changes as may hereafter become necessary, provided that such changes do not materially increase the obligations of the Town thereunder. APPROVED by the Danville Town Council at a regular meeting held on September 3, 1991, by the following vote: AYES: Greenberg, Lane, Ritchey, Shimansky NOES: None ABSTAIN: None ABSENT: Schlendorf Mayor Approved as to Form: ~e~~oTney~' Attest: City Clerk PROFESSIONAL SERVICES EMPLOYMENT AGREEMENT This agreement is entered into by and between the Town of Danville, a municipal corporation ("Town" hereinafter) and George A. Sipel ("Manager" hereafter). A. Recitals . Manager was appointed chief executive officer of Town effective April 1, 1988. , Town desires to engage the professional services of Manager in his current position and Manager desires to remain in his current position with Town. . Both Manager and Town desire to specify the terms and conditions of continued employment in written agreement, and this agreement serves that purpose. 4. This agreement is effective as of April 1, 1991. B. Agreement Now therefore, the parties agree as follows: o Term and Duties: Town agrees to continue to retain the full time services of Manager for a minimum of two (2) years to discharge the duties and obligations required of the Manager by Chapter 2, Title 2, Sections 2-201 through 2-110 of the Danville Municipal Code. , Termination and Severance Pay: The Town Council shall have the right to terminate this Agreement at any time by three-fifths (3/5) vote of such Council. Notwithstanding the foregoing, this Agreement shall not be terminated by Town within six (6) months following any municipal election at which any seat or seats on the Town Council are contested, it being the purpose hereof to allow the Council adequate time to objectively assess Employee's performance. In the event this Agreement is terminated other than for cause by Town after April 1, 1991, Town shall pay Employee the cash equivalent of six (6) months' current aggregate salary and accrued benefits. If Employee commences employment with another governmental agency within ninety (90) days, severance amounts shall be limited to three (3) months. Town may terminate this Agreement without obligation to make any cash payment to Employee, upon Employee's conviction of any felony involving moral turpitude. Employee may terminate this Agreement by submitting a written resignation to Town, which resignation shall provide a minimum notice period of sixty (60) days at the discretion of the Town Council. . . o . . . . Community Development Agency Duties: The Manager is also employed to serve in the capacity of Executive Director of the Danville Community Development Agency. Salary: Manager shall be paid a base monthly salary as specified by resolution of the Town Council. Town agrees to increase said base compensation, benefit allowances, and other benefits from time to time based on performance and economic considerations made by the Town Council. The Manager shall receive consideration for a performance based increase in compensation at least once each year at a time determined by the Town Council. Supplemental Benefit Allowance: Town shall provide a monthly benefit allowance equivalent to 28% of Manager's base pay to be used by the Manager at his discretion to purchase various fringe benefits. Manager may apply all or a portion of this amount toward any fringe benefit programs adopted by the Town Council for employees and/or other benefits of his choosing, or may convert a portion of the total benefit allowance to base pay. Manager will use a portion of this allowance to purchase medical coverage. Automobile Allowance: Town shall provide a monthly automobile allowance in an amount specified by resolution of the Town Council. This allowance shall be the sole obligation of the Town to reimburse Manager for use of his personal vehicle for official business, except that the Town's insurance policies shall include the Manager's use of his personal vehicle when on official business. Expense Reimbursement: Manager shall be reimbursed by Town for actual out-of-pocket expenses incident to services performed on behalf of the Town, including reimbursement for necessary expenses for authorized travel. Leave: Manager shall be provided with General Leave for vacation, illness or other purposes totalling 31 days. Manager shall be entitled to the same number of paid holidays and administrative leave authorized by the Town Council for other employees. Excluding holiday leave, the Manager may, at his option, convert any accrued and unused General Leave hours to pay at a rate equal to seventy five percent (75%) of the full cash value of such converted General Leave. Housing Assistance: The Town Council and Manager have executed a separate agreement for the purpose of providing assistance to Manager to acquire housing in the Town of Danville. This agreement shall remain in force in accordance with the provisions of said agreement and any future amendments agreed to by the parties. 10. 11. 12. 13. 14. 15. Professional Development: Town shall budget and pay for the professional dues and subscriptions of Manager for his continued participation in organizations necessary and desirable for his professional growth and advancement, and for the good of the Town. In addition, Town shall budget for and pay the travel and subsistence expenses of Manager to participate in selected professional development programs, including the Annual Conference of the International City Management Association, the State League of Municipalities, the Annual City Manager's Department meeting, and such other national, regional, state and local governmental groups and committees thereof which the Manager serves as a member. Such expenses shall be limited to those budgeted by the Town Council. Outside Employment: Town will permit Manager to engage in a limited amount of outside employment (consulting and teaching) which does not interfere with his duties as Manager. Pension: The Manager participates in the Town's deferred compensation plan within the limit of the supplemental benefit allowance provided in Section 5. Economic Necessity: In the event that Town at any time during the term of this agreement reduces the compensation of all employees because of economic necessity, the Town Council may, at its discretion, reduce the Manager's compensation by the equivalent percentage generally applicable to all other employees. Perfociiiance Review: Town Council shall review and evaluate the performance of Manager at least once annually. Said review and evaluation shall be in accordance with criteria developed jointly by the Town Council and Manager. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Manager. If requested, the Mayor shall provide Manager with a written summary statement of the performance findings of the Town Council and shall provide an adequate opportunity for Manager to discuss this evaluation with the Council. Performance Objectives: Annually, the Town Council and Manager shall define such goals and performance objectives as the Town Council determines necessary for the proper operation of the Town and for the attainment of the Council's policy objectives. Such objectives shall be obtainable within reasonable time limitations and the fiscal resources of the Town. It shall be the responsibility of the Manager to inform the Council at the earliest possible time if he believes that an objective(s) established by the Council is not obtainable. 16. Physical Examination: The Town is to pay for a physical examination for Manager annually. 17. Hold Harmless: Town shall hold harmless and defend the Manager from any claim or judgment made against the Manager and/or the Town and the Manager to the extent that the claim or judgment results from the Manager's performance of his lawful duties in accordance with Chapter 2, Title 2, et al of the Danville Municipal Code. 18. Legal Costs: Should either party seek to enforce this agreement or any provision or provisions of the agreement in a court of law and prevail therein, that party shall be entitled to recover from the other party reasonable court costs and attorney's fees as may be fLxed by the court. 19. Entire Agreement: This agreement constitutes the entire agreement between Manager and Town and shall be binding on and inure to the benefit of the heirs at law and executors of Manager. If any provision or any portion thereof contained in this agreement is held unconstitutional, invalid, or unenforceable, the remainder of this agreement shall remain in full force and effect. In witness whereof, the parties hereto have executed this agreement. Mildred Greenberg, Mayor Vat~eAp~.~ 3, l~ql proved by the Danville Town Council pc a:employme.agr