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HomeMy WebLinkAbout1862 Amendment to the City Administrator's Employment Agreement BILL NO. 2022-039 ORDINANCE NO. /� �p .) AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY ADMINISTRATOR'S EMPLOYMENT AGREEMENT BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — EMPLOYMENT AGREEMENT AMENDMENT Section 3 of the employment agreement between the City and Brian E. Koral dated February 20, 2018, and approved by City Ordinance No. 1582 and amended by Ordinance No. 1667,1732, and 1793 is hereby amended to read as follows (all other provisions of the employment agreement to remain as is): 3) Salary. The City shall pay the Employee a salary of $134,471.41 annually in accordance with City payroll policies. The City periodically provides for salary adjustments based on the market, internal equity, and merit. Merit salary increases, if given, will be based upon satisfactory performance or better during each year of employment. Any merit salary increase is at the discretion of the Mayor and Board of Aldermen in accordance with the City's approved budget. The Employee shall also be considered for any market or internal equity adjustments. as budgeted by the Mayor and Board of Aldermen. SECTION 2 — EFFECTIVE DATE. This ordinance shall be effective upon passage. BE IT REMEMBERED that the above was read two times by heading only. PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this day o 2022. dn,,^ tra -'1•C)' • E:• M or Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk Agreed e Brian E. Koral Dat d: BILL NO. 2018-010 ORDINANCE NO. (SR'— AN ORDINANCE AUTHORIZING EMPLOYMENT OF BRIAN KORAL AS CITY ADMINISTRATOR AND FURTHER APPROVING AN EMPLOYMENT AGREEMENT BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — EMPLOYMENT. Brian Korai is hereby employed as City Administrator for the City of Riverside effective April 23, 2018, in accordance with the terms of the Employment Agreement, a copy of which is attached hereto and incorporated herein by this reference. SECTION 2 — EXECUTION OF AGREEMENT. The Mayor is hereby authorized to execute the Employment Agreement on behalf of the City. SECTION 3 — EFFECTIVE DATE. This ordinance is effective upon its passage by the Board of Aldermen and approval by the Mayor. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this gyp ` day of k� � , 2018. ., Q- c�,l p.rc / . r ; t Mayor Kathleen L. R se ATTEST:* • • " Robin Kinraid, City Clerk Employment Agreement between City of Riverside,Missouri and Brian Koral This Agreement, is made and entered into on this 20th day of February 2018, by and between the City of Riverside, Missouri, a municipal corporation, 2950 NW Vivion Road, Riverside, MO 64150 (hereinafter called"Employer")and Brian Koral, (hereinafter called"Employee"), both of whom agree as follows: Section 1: Term This Agreement shall remain in full force in effect from the 23rd day of April 2018, until terminated by Employer or Employee as provided in Section 9 of this Agreement. Section 2: Duties and Authority Employer agrees to employ Brian Koral as City Administrator to perform the functions and duties specified in the Municipal Code of the City of Riverside, Missouri, and to perform such other legally permissible and proper duties and functions as authorized and directed by the Riverside Mayor and Board of Aldermen, and Employee agrees to perform said duties and functions. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $115,000, payable in installments at the same time that the other management employees of the Employer are paid. B. Consideration shall be given on an annual basis to an adjustment to the compensation the Employee dependent upon the results of the performance evaluation conducted under the provisions of Section 11 of this Agreement. Section 4: Health,Disability and Life Insurance Benefits Employee shall receive, at the Employer's expense, all disability, health benefits, and life insurance as provided to other employees of the Employer. Employee shall be responsible for paying the employee's share of such benefits as required by all other employees of the Employer. Section 5: Vacation and Sick Leave A. Upon commencing employment, the Employee shall be credited with ten (10) days of vacation leave. In addition to the credits above, vacation and sick leave shall accrue immediately as provided in the Employee Handbook and vacation leave shall accrue at the rate of four(4)weeks per year. 1 B. The Employee is entitled to accrue all unused leave, including the credited leave described above, subject to the limitations that apply to other employees of the Employer. Section 6: Vehicle Allowance The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of$6,000 per year, payable monthly, as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. Consideration shall be given on an annual basis to adjust the monthly allowance dependent upon changes in travel demands and routine vehicle fuel and maintenance costs. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall reimburse the Employee at the IRS standard mileage rate for any business use of the vehicle beyond the greater Kansas City area, subject to current policy for travel reimbursement that applies to all other employees. Section 7: Retirement Employer agrees to enroll Employee in the Missouri Local Government Employees Retirement System (LAGERS) and make contributions equal to that which are provided to all other employees. Section 8: General Business Expenses Employer agrees to the following as may be deemed reasonable by the Employer at the time of annual budget approval: A. Employer agrees to budget for and pay for professional dues and subscriptions of the Employee necessary for full participation in national, regional, state and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. B. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the Missouri Municipal League, the Missouri City Management Association, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. 2 D. Employer shall provide Employee with an office computer, software, and telephone required for the Employee to perform the job and to maintain communication, equal to that provided to other employees. Section 9: Termination A. It is agreed and understood that the employment relationship is at will and may be terminated by either party with or without "Cause" (as defined below) and with or without notice, except as provided herein. Under this Agreement, there is no contractual right to employment for a definite period of time. Accordingly, either party may terminate the employment relationship at any time. B. In the event the Employer terminates Employee's employment for Cause, Employer agrees to pay Employee any wages earned up to the effective date of termination, as well as applicable and accrued benefits, including accrued but unused vacation and sick leave (subject to any restrictions or caps set forth in the Employee Handbook,as amended from time to time). "Cause" means Employee is convicted of any illegal act which may be related to the competency of the Employee to exercise his duties as an Employee under this Agreement, or the conviction of any felony, or for engaging in any unethical conduct as described in Employer's Code of Ethics, or for failing to comply with any material term or condition of this Agreement. In the event of a termination for Cause, the severance benefit described in the Section 10 of this Agreement will not be available to Employee. C. In the event the Employer terminates Employee's employment without Cause, Employer agrees to pay Employee any wages earned up to the effective date of termination, as well as applicable and accrued benefits, including accrued but unused vacation and sick leave (subject to any restrictions or caps set forth in the Employee Handbook, as amended from time to time). The Employer also agrees to pay, in exchange for a full release, the severance benefit described in Section 10 of this Agreement. Vacation and sick leave do not accrue after the termination date. The Employer's contributions to life insurance and disability insurance premiums cease at the time of termination. Eligibility and reimbursement for continued participation in the Employer's group health insurance plan shall be as described in Section 10. If Employee is indicted or formally charged by any state or the United States with any such act or crime as described in Section 9.B. above, or if Employee is charged with a violation of the Employer's Code of Ethics as described herein, or for failing to comply with any material term or condition of this Agreement and if his employment is thereby terminated, the Employer shall not be obligated to pay Employee severance pay unless and until the matter is resolved in favor of the Employee. D. The Employee may terminate this Agreement and his employment with the Employer by providing a thirty (30) day written notice. In this circumstance, the severance benefit described in Section 10 of this Agreement will not be available to Employee. The Employee will be paid any accrued and unused/unpaid benefits in accordance with the Employee Handbook (subject to applicable restrictions or caps), except that accrued but 3 unused vacation pay will be withheld and not paid if the thirty (30) day written notice is not provided by Employee. Section 10: Severance Provided Employee signs a standard Severance Agreement and Release of All Claims: A. Severance pay will be provided to the Employee when the termination of employment is without Cause in accordance with Section 9.C. of this Agreement. Cause is defined above in Section 9.8. B. When appropriate, the severance pay is a benefit equal to nine (9) months of salary at the rate of pay being received at the time of termination. If entitled to severance pay, the Employee shall also be compensated for all accrued but unused vacation and sick leave (subject to any restrictions or caps set forth in the Employee Handbook, as amended from time to time). C. This severance benefit shall be paid in a lump sum unless otherwise agreed. Employer shall be entitled to withhold from said payments all amounts required to be withheld pursuant to applicable law. D. The amounts due under this section shall be paid within thirty (30) days of the date of termination, provided, however, that in the event the provisions of the Older Workers Benefit Protection Act apply to this Employee (i.e., he is forty (40) years of age or older at the time of termination), he shall not be paid until the first regular payday following the expiration of the applicable consideration period and the seven (7) day revocation period. E. The Employee has the right to elect to continue with coverage under the Employer's group health insurance program pursuant to his rights under the federal COBRA program. In the event Employee exercises said COBRA rights, the Employer shall, for a period not to exceed nine (9) months from the date of termination, reimburse the Employee in an amount equivalent to the amount the Employer would have contributed toward Employee's health insurance had Employee's employment not been terminated; provided that, in the event at any time within said nine (9) month period, the Employee accepts employment with another entity where health insurance benefits are available to the Employee, the Employer's obligation to reimburse the Employee as provided herein shall cease once the Employee is eligible to obtain coverage at said new place of employment. Section 11: Performance Evaluation Employer shall annually review the performance of the Employee subject to the Employer's defined process, form, criteria, and format for the evaluation. The evaluation process, at a minimum, shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) discuss the evaluation in a meeting with the Employee and the Mayor and all members of the 4 Board of Aldermen present, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within thirty (30) days of the evaluation meeting. Section 12: Hours of Work It is expected that the Employee will work a minimum of forty (40) hours per week or as otherwise necessary to complete the duties pursuant to Section 2 of this Agreement. Except as allowed for vacation, sick leave, holiday or compensatory time off, Employee is generally expected to be accessible to the Employer and other employees during normal office hours. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule subject to the Employer's expectations. Section 13: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities, subject to approval by the Employer, with the understanding that such arrangements shall not interfere with Employee's responsibilities under this Agreement. Employee shall disclose all such engagements to the Employer. Section 14: Moving and Relocation Expenses Employer shall reimburse the Employee for the expenses of moving Employee and his family and personal property. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. To obtain reimbursement, Employee shall provide a minimum of three (3) quotes for moving services and a receipt of payment to the company providing the lowest qualified quote. Section 15: Indemnification A. To the extent permitted by applicable law, beyond that required under Federal, State or 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 as City Administrator or resulting from the exercise of judgment or discretion in connection with the performance of the duties or responsibilities of the City Administrator, unless the act or omission involved willful or wanton conduct or criminal action. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals. The Employer shall indemnify employee, to the extent permitted by law, against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from 5 any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of EmpIoyee's duties and occurring within the course and scope of his employment. B. Employee recognizes that Employer shall have the right to compromise. C. Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness, or advisor to the Employer, resulting from the exercise of judgment or discretion in connection with the performance of Employee's duties as City Administrator, unless such act involved willful or wanton conduct or criminal action. Such expense payments shall continue beyond Employee's service to the Employer as long as the litigation is pending. Further, if no longer employed by Employer, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation. Section 16: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 17: Other Terms and Conditions of Employment A. The Employer shall fix such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code of the City of Riverside, Missouri, Employer's Code of Ethics, current policy or any other applicable law. B. Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other employees of the Employer as provided in the Municipal Code of the City of Riverside, Missouri, the Employee Handbook, or by practice. Section 18: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Mail, postage prepaid, and addressed to i) the City at the address set forth in this Agreement and ii) to the Employee at such address as provided to the City Clerk. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. 6 Section 19: General Provisions A. Integration. This Agreement and the Municipal Code of the City of Riverside, Missouri, including the Employer's Code of Ethics, the Employee Handbook, current policy or other law, except when in conflict with this Agreement, sets forth and establishes the • entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns,executors,personal representatives and successors in interest. C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the date first written above. BRIAN KORAL: CITY OF RIVERSIDE, MISSOURI: Ma r Kathleen L. Rose A"TI EST: I ' Robin Kincai ,Gity Cldtk . I 7