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HomeMy WebLinkAbout05-375.doc DECEMBER 13, 2005 05-375 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE RENEWAL OF CITY MANAGER'S CONTRACT INITIATED BY: COMMON COUNCIL BE IT RESOLVED by the Common Council of the City of Oshkosh that an Agreement for employment purposes between the City of Oshkosh and Richard A. Wollangk, City Manager, for a three-year term beginning February 1, 2006, and ending the 31 st day of January, 2009, is hereby approved, said Agreement being on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to sign and deliver the agreement in substantially the same form, any changes in the execution copy being deemed approved by their respective signatures, and the proper City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. AGREEMENT THIS AGREEMENT, made and entered into this 14th day of December, 2005, by and between the City of Oshkosh, Wisconsin, a municipal corporation, hereinafter referred to as "Employer" and Richard A. Wollangk, hereinafter referred to as "Employee" do hereby agree as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of Richard A. Wollangk, for the position of City Manager, as provided pursuant to the provisions of Chapter 64, Wisconsin Statutes; and WHEREAS, it is the desire of the governing body, hereinafter referred to as "Council", to provide certain benefits; to establish certain conditions of employment, and to set working conditions for the Employee; and WHEREAS, Employee desires to accept employment with the City of Oshkosh; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties do hereby agree as follows: Section 1. Duties Employer hereby agrees to employ Richard A. Wollangk, as City Manager, to perform the functions and duties specified by Chapter 64, Wisconsin Statutes, and other applicable state law and city ordinances, and to perform other legally permissible and proper duties and functions. as the Council may, from time to time, assign. Section 2. Term of Agreement, Termination, Termination for Cause, and Severance Pay 2.1 The term of this agreement shall be for a period of three (3) years, commencing on the 1 st day of February, 2006 and ending on the close of business of the 31st day of January, 2009. This agreement shall be automatically renewable for subsequent three (3) year terms unless a written, six month notice of intent not to renew is given to the other party. 2.2 In the event Employee is terminated by the Council during the term of this agreement and Employees 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 equal to six (6) month aggregate salary and benefits. Employee shall also be compensated for appropriate earned sick leave, vacation, holidays and other earned and accrued benefits to the date of termination. . 2.3 In the event the Employee is otherwise terminated for willful neglect of duty, malfeasance or misfeasance in office as set forth in Section 64.09(8), Wisconsin Statutes, or fails to reside within the city limits of the City of Oshkosh, then, in that event, 1 2.4 Employer shall have no obligation to pay the aggregate severance sum designated in paragraph 2.2. In the event Employer at anytime 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 and the Employee refuses such reduction, or in the event the Employee resigns following a suggestion by the Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" within the meaning and context of paragraph 2.2 as of the date of such refusal of such reduction or resignation. Section 3. Resignation ill the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer two (2) months advance written notice, unless the parties agree in writing otherwise. Section 4. Salary Employer agrees to pay Employee for services rendered pursuant hereto an annual base salary of One Hundred Thousand Five Hundred and Five Dollars ($100,505), payable in installments at the same time as other management employees of the Employer are paid. Employer shall give consideration to increase Employee's base salary and/or benefits based upon the annual performance evaluation. Section 5. Performance Evaluation 5.1 5.2 The Council shall review and evaluate the performance of the Employee once annually normally near the anniversary date of employment. Said review and evaluation shall be in accordance with specific criteria mutually developed between the Employer and Employee. Said criteria may be added to or deleted from as the Council. may from time to time determine, in consultation with Employee. Annually the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the City Council policy objectives and shall further establish a relative priority among those various goals and objectives. Such annual goals and objectives shall be reduced to writing. 5.3 ill effectuating the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. 2 Section 6. Hours of Work It is recognized that Employee is in the exclusive employment of the City and may engage in no other outside employment or enterprise without the prior written consent of the City Council. It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer. It is expected that the Employee will work at least 40 hours per week. Section 7. Automobile Expenses The Employer will pay the Employee $500 per month auto allowance and the Employee shall maintain auto insurance with such minimum coverage as required by law. Section 8. Vacation and Sick Leave 8.1 Vacation. As an inducement to Employee to perform the duties of City Manager, Employee shall be credited with 20 days of vacation commencing on his first day of service under this agreement. Thereafter, Employee shall accrue and have credited vacation at the same rate as other management employees ofthe Employer. 8.2 Sick Leave. Sick Leave shall be credited and accumulate to the Employee at the same rate as other management employees of the Employer. Section 9. Health, Life and Disability Benefits Employer agrees to put into force and to make required payments for Employee for health, life, disability and accident coverage as well as dependent coverage for group benefits covering employee and his dependents in the same manner as other mangement employees. Section 10. Retirement Employer agrees to contribute both the Employer's and Employee's share to the Wisconsin Retirement Fun, as for other City Employees. Section 11. Dues and Subscriptions Employer agrees to budget for an to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for this continued professional participation, growth, and advancement, and for the good of the Employer which shall be LC.M.A. and W.c.M.A. 3 Section 12. Professional Development 12.1 12.2 Employer hereby agrees to budget for and to pay for travel and subsistence expenses of Employee for Council approved professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official functions for Employer, including the ICMA Annual Conference, the State League of Municipalities, WCMA, and such other national, regional, state, and local governmental groups and committees thereof which Employee serves as a member and as agreed by the Employer. Employer also agrees to budget for and to pay for Council approved 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. Section 13. Equipment Employer hereby agrees to provide a computer, printer, software, cellular phone, and other necessary office equipment to be used for City business purposes, only. Section 14. Indemnification In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, 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. Employer will payor have paid the amount of any settlement or judgment rendered thereon as provided by law. Section 15. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any applicable law or ordinance. Section 16. Other Terms and Conditions of Employment 16.1 16.2 Council, in consultation with the City Manager, shall fix any other terms and conditions of employment, as it may determine appropriate 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, law or ordinance. ill addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided, all provisions of the city charter, code and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other 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. 4 16.3 16.4 Except as otherwise provided in this agreement, Employee shall be entitled to receive the same vacation and sick leave benefits as accorded to department heads, including provisions governing accrual and payment therefore upon termination of employment. Unless other agreed in writing, any copyrights, patents, licenses, trademarks, or ownership to any intellectual property acquired by the City Manager during the term of this agreement shall be the property of the City of Oshkosh, Wisconsin. . Section 17. No Reduction of Benefits Except to the degree of similar reductions across-the-board for other similarly situated employees of the Employer, Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee. Section 18. Residency As a condition of employment, at all times during the term of this agreement, the Employee agrees to reside within the city limits of the City of Oshkosh. Section 19. General Provisions 19.1 19.2 19.3 The text herein shall constitute the entire agreement between the parties. There exist no other agreements between the parties which have not been incorporated herein. Any modification to this agreement shall be in writing and approved by the City Council. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. Severability of Invalid Provisions. 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 City of Oshkosh has caused this agreement to be signed and executed on its behalf by it Chief Elected Officer, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. CITY OF OSHKOSH (Employer) Employee By: William RCastle, Mayor Richard A. Wollangk 5