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Home My WebLink AboutRES 82-058 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYEMTN AGREEMENT BETWEEN DAVID M. CHILDS AND THE CITY OF ST. ANTHONY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102562 Box: 23 Folder: RES 1982 Document: RES 82-058 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYEMTN AGREEMENT BETWEEN DAVID M. CHILDS AND THE CITY.OF ST. ANTHONY RESOLUTION 82-058 A. RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYPIENT AGREEMENT BETWEEN DAVID M. CHILDS AND THE CITY OF ST. ANTHONY WHEREAS , the City of St. Anthony desires to employ David M. Childs as its City Manager; and WHEREAS , David PZ. Childs desires to be retained and employed by the City of St. Anthony as its City Manager; and WHEREAS , both parties have agreed to the terms and conditions set. forth in an Employment Agreement. NOW, THEREFORE, BE IT RESOLVED., that the P4ayor is hereby authorized to execute said Employment Agreement. • Adopted this a34 day of : . ,pUP ��Y- 1982 . 4a or ATTEST: City Clerk Reviewed for administration: � ! City Manager EMPLOYMENT AGREEMENT This Agreement , made. between David M. Childs , an individual resident of the State of .Minnesota (hereinafter referred to as "Childs") ,, and the City of Saint Anthony , a Minnesota municipality (hereinafter referred to as the "City") . WITNESSETH: WHEREAS , - The City desires to- employ Childs to render services for, and on .behalf of, the City on the terms and conditions hereinafter set forth , and Childs desires to be retained and employed by the City on such terms and conditions. NOW, THEREFORE, In consideration of the premises and of the mutual covenants- and agreements .contained herein, the parties hereto hereby agree as follows : 1. Employment. The. City, hereby employs.- Childs as its City Manager as such term is hereinafter defined, and Childs hereby accepts such employment and agrees to perform services for the City upon the terms and conditions set forth herein. In such capacity , Childs shall devote his full time , . attention, energy , and skill to the busi- ness of the City during such hours as. established by the City to perform his obligations hereunder. In such capacity , . Childs shall render such services in a good and business-like manner and shall assume and perform such responsibilities and duties as are set forth on Exhibit A attached hereto and made a part hereof and such other reasonable responsibilities and duties as may be specified from time to time by the City . 2 . Term. - Unless -earlier terminated in accordance with Section 7 hereof, the term of Childs ' employment hereunder shall commence January 1, 1983 and shall continue for an initial period of one (.l) -yea•r-: On January 1, 1984 and each successive year there- after, at the mutual agreement of the City and Childs , this contract may be extended for a period- of one year. • 3 . Compensation. As compensation for Childs ' services hereunder, the City shall pay to Childs an annual salary of Thirty- one Thousand Dollars ($31 ,000 . 00) . 4 . Manner of Payment. All compensation payable to Childs hereunder shall be subject to all required and authorized withholdings . The salary payable to Childs pursuant to Section 3 shall be payable in accordance with the normal .payroll procedures established from time to time by the City. In the event that Childs ' employment -is terminated either pursuant to paragraph (a) or (b), of Section 7 ,. Childs shall be entitled only to that compensation described in Section 3 which has accrued prior to the date of termination,. .plus all .amounts payable pursuant to Section .6 relating to fringe- benefits which- have accrued priorto the date of such .termination. 5 . Automobile Allowance. During Childs ' employment under this Agreement, Childs shall provide an automobile for his use in performing his. duties -and responsibilities hereunder. In consideration therefor, the City shall -pay to Childs on a monthly • basis an allowance of One Hund-red Fifty Dollars ($150 .00) per month to defray the cost and expense of Childs ' use of such automobile for purposes of City business . The cost or expense of maintaining, insuring, and repairing the automobile .used by Childs in performing his duties and responsibilities hereunder shall be borne by Childs . 6 . Fringe Benefits . The City agrees to contribute the sum of Two Hundred Dollars (,$200 . 00) per month for insurance benefits on behalf of .Childs ; and the balance thereof shall be allocated to medical and .hospitalization. insurance premiums - for Childs ' dependent coverage. The City also agrees to contribute on a monthly basis, to the retirement plan of Childs ' choice a .sum. equivalent to the amount which. the City would be obligated to contribute by law to the Public Employment Retirement Association ("PERA") . . Childs shall earn and accrue one day= ,- of -vacation with pay. - for each one month period of employment completed- hereunder and during the term of ' this Agreement, and that . Childs may elect to be- compensated in lieu of time off not to exceed 1/2 of vacation days accrued in a calendar year. Childs shall • also .be entitled to all such holidays recognized by the City -2- and granted to other employees of the City. In addition, Childs shall be entitled to such other benefits granted to similar employees of the City in accordance with the- customsand practices established by the City as they may change from time to time. 7 . . Termination. . Notwithstanding any contrary provisions hereinbefore contained, this Agreement .and the rights .and obligations of the City and Childs hereunder.-may be terminated by either party hereto upon the occurrence of any one of the . following events : (a.) In. the event of Childs ' death; or (b) In the event either party gives the other party . written notice of its desire to terminate Childs ' employment hereunder , which notice shall .specify a date for termination of employment hereunder at least thirty (30) days from and after-. -the da-te-:of delivery ,..of such notice to the other party. 8. Entire Agreement. This Agreement contains the entire agreement between the parties hereto relating to the employment of Childs by the City and supersedes all prior agreements and/or under- standings , whether written or oral., between the parties hereto relating • to such employment and may not be .amended or changed except in writing executed by the parties and attached hereto. 9 . Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs , successors , or assigns , except that none- of the obligations of employ- ment of Childs hereunder shall be assignable . 10 . Governing Law. This Agreement has been entered into by the parties hereto in the State of Minnesota and shall be construed and enforced in accordance with the laws of that state. 11. Notices . Any notice required or permitted to be given under this Agreement shall be deemed to have been given on the day following the date the same is deposited in the United States mail, certified or registered, postage prepaid, addressed as follows : If to Childs : Mr. David PZ. Childs • -3- t or such other address as Childs elects by. giving to City not less than thirty (.30) days ' advance written notice thereof. If to the City : Mayor 's Office City Hall 3301 Silver Lake Road St. Anthony, Minnesota 55418 IN. WITNESS WHEREOF, the parties hereto have executed this Agreement in the City of Saint Anthony, State of Minnesota. .d o David M. Childs (Childs) THE CITY OF SAINT ANTHONY B ayor . �4—