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HomeMy WebLinkAboutRES 88-008 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYMENT AGREEMENT BETWEEN DAVID M. CHILDS AND THE CITY OF ST. ANTHONY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 101621 Box: 21 Folder: RES 1988 Document: RES 88-008 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY Of ST. ANTHONY TO EXECUTE THE EMPLOYMENT AGREEMENT BETWEEN DAVID M. CHILDS AND THE CIN OF ST. ANTHONY • RESOLUTION 88-008 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYMENT 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 M. 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, by the City. Council of the City of St. Anthony, Minnesota, that the Mayor is hereby authorized to execute said Employment Agreement. Adopted this day of Jn'n;_4 a 1988 . s' r' `a or ATTEST: City Clerk Reviewed for administration: City Manager r", • 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 St. 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 at such term as 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 business 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, 1988 and shall continue for a period of one year. 3 . Compensation. As compensation for Childs ' services hereunder, the City shall pay to Childs an annual salary of $49 ,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 prior to the date of termination. • Page 2 5. Automobile Provision. During Childs ' employment under this Agreement, Childs shall provide an automobile for his use in performing his duties and responsibilities hereunder. The cost or expense of maintaining, insuring, and repairing the automobile used by Childs in performing his duties and responsiblilites hereunder shall be bourne by Childs. In consideration therefore, the City shall pay to Childs the sum of $175. 00 per month to defray the cost and expense of Childs ' use of such automobile for purposes of City business. 6. Fringe Benefits. The City agrees to pay to Childs the sum of $200. 00 per month for insurance coverage and costs. 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 Employees Retirement Association ( "PERA" ) . Childs shall earn and accrue one and one quarter day of vacation with pay for each one month period of employment completed hereunder and during the term of this Agreement. Childs shall also be entitled to all such holidays recognized by the City 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 customs and 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 hereunder at least 30 days from and after the date 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 supercedes all prior agreements and/or understandings , whether written or oral, between the parties hereto relating to such employment and may not be amended of 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 employment of Childs hereunder shall be assignable. • Page 3 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 Childs 95 D South Drive Circle Pines, Minn. 55014 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, Minn. 55418 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the City of St. Anthony, State of Minnesota. AThe ' of St. Anthony r/ David M. Childs 2 , bt Dai--e Date •