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R-333-94 Authorizing Execution of Village Administrator Employment AgreementRESOLUTION AUTHORIZING EXECUTION OF VILLAGE ADMINISTRATOR EMPLOYMENT AGREEMENT BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Cook County, Illinois, that the execution of the contract for the employment of STEVEN JONES and Village Administrator of the Village of Lemont dated August 25, 1994, for the period continuing through August 25, 1995, be and the same is ratified, confirmed and approved. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard G. Rimbo Ralph Schobert Attest: A NAYS PASSED ABSENT v Approved by me this ruiday of SMOLL N, Village Clerk 1994. ESKI, Vi a - President CHARLENE SMOLLEN, Village Clerk VILLAGE ADMINISTRATOR EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this x:71"day ofAlatAS1 1994, by and between the Village of Lemont, State of Illinois, a municipal corporation, hereinafter called "Employer," as party of the first part, and Steven A. Jones, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Steven A. Jones as Village Administrator of the Village of. Lemont, as provided by Ordinance No. 469; and WHEREAS, it is the desire of the President and Board of Trustees, hereinafter called "Village," to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Village (1) to secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as Village Administrator of said Village; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES. Employer hereby agrees to employ said Steven A. Jones as Village Administrator of said Employer to perform the functions and duties specified in said Ordinance 469 establishing the position of Village Administrator, and to perform other legally permissible and proper duties and functions as the President and Board of Trustees shall from time to time assign. SECTION 2. TERM, A. Nothing in the agreement shall prevent, limit or otherwise interfere with the right of the Village to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 3, paragraph C, of this agreement. C. Employee agrees to remain in the exclusive employ of Employer from August 25, 1994 until August 25, 1995, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on employee's time off. SECTION 3. TERMINATION AND SEVERANCE PAY, A. In the event Employee is terminated by the Village before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment according to the following schedule: 2 e Length of Service Up to one year One year but less than 3 years After the third year Compensation 4 months 5 months 6 months However, in the event Employee is terminated because of his conviction of a felony or any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated. Such severance pay shall also be paid to Employee by Employer if the employment agreement is not renewed upon expiration. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the -board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer one month notice in advance, unless the parties otherwise agree. SECTION 5. DISABILITY. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and vacation leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits as all other Village employees. SECTION 6. SALARY. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $58,880.64 payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and /or other benefits of Employee in such amounts and to such extent as the Village may determine that it is desirable to do so on basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. SECTION 7. PERFORMANCE EVALUATION. A. The Village shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Village may from time to time determine, in consultation with the Employee. Further, the President shall provide the Employee with a summary written statement of the findings of the President and provide an adequate opportunity for the Employee to discuss his evaluation with the President. B. Annually, the Village and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the Village and in the attainment of the Village's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and 4 the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Village and Employee mutually agree to abide by the provisions of applicable law. SECTION 8. HOURS OF WORK. The Village Administrator shall work from 8:30 a.m. to 4:30 p.m. Monday through Friday or such other working hours as established by the Village. SECTION 9. OUTSIDE AC TVITIES. Employee shall not spend more than 10 hours per weeks in teaching, counseling or other non - Employer connected business without the prior approval of the Village. SECTION 10. AUTOMOBILE. The Employee shall be required to furnish a vehicle available to be used on Village business on a demand basis over a 24 -hour period each day. The Employer shall pay the Employee the sum of $300.00 per month as an allowance for the use of a vehicle. Employee shall provide Employer with evidence of insurance showing minimum liability coverage of $300,000. SECTION 11. VACATION, AND SICK DAYS. Employee shall be allowed fifteen (15) working days of vacation, exclusive of legal holidays, during the term of this Agreement. Employee shall be entitled to accrue sick days as all other Village employees pursuant to Village Board policies. SECTION 12. DISABILITY, HEALTH AND LIFE INSURANCE. A. Employer agrees to put into force and to make required premium payments for Employee for insurance policies for life ($100,000.00 term), accident, sickness, major medical and dependent's group coverage insurance covering Employee and his dependents. 5 SECTION 13. RETIREMENT, Employer agrees to execute all necessary agreements provided by I.M.RF. In addition, Employer agrees to execute all necessary agreements provided by the International City Management Association for the Employee's participation in the I.C.M.A's retirement plan and will contribute $2,400.00 per year payable in equal monthly installments and a certain portion of the Employee's salary at the Employee's election can be paid into that plan and the Employer will transfer ownership to succeeding Employers upon Employee's resignation. SECTION 14. DUES AND SUBSCRIPTION. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desireable for his continued professional participation, growth and advancement, and for the good of the Employer. SECTION 15. PROFESSIONAL DEVELOPMENT. A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including the Annual Conference of International City Management Association, the state league of municipalities and such other conferences as authorized by the Employer. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. 6 SECTION 16. GENERAL EXPENSES. Employer recognizes that certain expenses of a non - personal and generally job - affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay for reasonable expenses. SECTION 17. CIVIC CLUB MEMBERSHIP, Employer recognized the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations, for which Employer shall pay all expenses. Employee shall report to the employer on each membership that he has taken out at Employer's expense. SECTION 18. BONDING AND INDEMNIFICATION, Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Employer shall defend, save harmless and indemnify Employee against any professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Administrator. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. SECTION 19. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. A. The Village, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Village charter or any other law. B. All provisions of Village ordinances and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays 7 and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. SECTION 20. NO REDUCTION OF BENEFITS, Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across - the -board for all employees of the Employer. SECTION 21. NOTICES. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) Employer: Village Clerk 418 Main Street Lemont, Illinois 60439 (2) Employee: Steven A. Jones 89 West Logan Street Lemont, Illinois 60439 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed to be given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. SECTION 22. GENERAL PROVISIONS. A. The text herein shall constitute the entire agreement between the parties. 8 B. This agreement shall be binding upon the inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing September2,5 , 1994. D. If any provision, or any portion thereof, contained in this agreement is held 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 Village of Lemont has caused this agreement to be signed and executed in its behalf by its President, and duly attested by its Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. Attest: CHARLENE SMOLLEN, Village Clerk SUBSCRIBED and SWORN to before me this day of , 1994. Notary Public B: \VILLAGE \ADMINIST.VIL 0211/1 'i C • ' I A. -r' • NE dent of the Village of Lemont, State of Illinois lage Administrator 9