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2023-09RESOLUTION NO.2023-9 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair is in need of a City Administrator; and WHEREAS, the Mayor hereby makes the appointment of Philip Green as the City Administrator for the City of Blair; and WHEREAS, the Mayor and City Council were previously presented with the Employee Agreement, which is attached and incorporated by reference as Exhibit A, between the City of Blair and Philip Green; and WHEREAS, the Mayor recommends that the Employee Agreement which is attached and incorporated by reference as Exhibit A, be approved between the City of Blair and Philip Green; and WHEREAS, Philip Green has signed the Employee Agreement which is attached and incorporated by reference as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED that the appointment of Philip Green and the Employee Agreement, which is attached and incorporated by reference as Exhibit A, are hereby adopted and approved by the municipality and the Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute the same on behalf of the municipality. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WILLIS. UPON ROLL CALL, COUNCIL MEMBERS FERRARI, HAFER, PAULSEN, SCHANK, WILLIS AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS HIGHFILL AND SANDVOLD VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF APRIL, 2023. CITY OF BLAIR, NEBRASKA BY:%" LINDA RUM , M ATTEST: CITY CLERK 3'IJBRASKA ) ) ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Cleric of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 1 lth day of April, 2023. BRENDA WHEELER, CITY CLERK 2 EMPLOYEE AGREEMENT CITY OF BLAIR CITY ADMINISTRATOR April 28, 2023 Philip Green This Agreement, made and entered into this /,Aday of April, 2023, by and between the City of Blair, Nebraska, a municipal corporation (hereinafter called "City"), and Philip Green, (hereinafter called "Employee"), both of whom understand as follows; WHEREAS, City desires to employ Employee as City Administrator for the City of Blair, Nebraska; and WHEREAS, Employee desires to accept employment as City Administrator of City, WHEREAS, City and Employee believe it to be in the best interest of both parties to fortnally specify the terms and conditions of employment. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows; Section 1e Duties and Authority The city agrees to employ Philip Green as Blair City Administrator. The employee agrees to perform the functions and duties specified in Blair Municipal Code, the laws of the State of Nebraska, as well as other duties and functions consistent with the role of a City Administrator, as described in the Job Description labeled Exhibit A and other such duties as the Mayor and City Council may assign from time to time. Section 2. Terni A. The start date of this agreement will commence on April 28, 2023, at which time the Employee shall be the City Administrator Appointee. Employee shall become the City Administrator immediately upon the retirement, and/or leaving of Rodney Storm as the Blair City Administrator on or about May 2, 2023, The Employee shall become the City Administrator no later than May 2, 2023, but shall receive all pay under this contract commencing April 28, 2023. B. Expiration, This Agreement shall expire on the last day of the serving Mayor's terms) or until the City Administrator's successor is appointed pursuant to Neb, Rev. Stat. §16-309, Blau City Code Chapter One, Article 3, Section 1-301, whichever is later, except as specifically provided in this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of the Employee with or without cause at any time prior to the End of the Term of the Mayor. C. Expiration after Resignation. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from their position with the City, subject only to the provision set forth in Section 10 of this Agreement. D. The parties may modify this Agreement by mutual written agreement. E. In the event employment is terminated with or without cause, the City's only obligation to Initialed by Employee/Mayor/ xlo� 1of7 the Employee shall be to pay all compensation and benefits accrued, but unpaid, as of the date of termination. Section 3: Compensation, Cell Phone, and Automobile Allowance A. Base Salary. City agrees to pay Employee an annual base salary of One Hundred Forty-one Thousand Sixty -Five Dollars and sixty cents (141,065,60) which is Pay Grade 57, Step H, on the City of Blair's current Wage Schedule, payable in installments in accordance with the City's usual payroll practices and procedures for management employees. B. Performance Salary Increase. Commencing on October 1, 2023, the Employee may receive up to a four percent (4%) performance salary increase based on merit and his performance as determined by the Mayor, with City Council approval. Commencing on the anniversary date in 2024, and each year thereafter, the Employee may receive up to a four (4%) performance salary increase based on merit and his performance as determined by the Mayor, with City Council approval, Any merit and performance shall include considering the Employee's performance evaluation which shall be completed before any Performance Salary Increase is considered by the Mayor. If the Employee is not at the top pay grade as defined by the City of Blair Hourly Wage schedule, such increases shall follow the appropriate pay grade in the applicable salary ordinance in effect at the time of the increase and the Employee's salary shall be the top grade as indicated in the ordinance, as determined by the Mayor with City Council approval. This performance salary is in addition to any annual increase commencing in the fiscal year 2024-2025 as outlined in Section 3, Paragraph C. C. Annual Increase Commencing in Fiscal Year 2024-2025. City agrees to evaluate the base salary on an annual basis. Employee shall be entitled to annual salary adjustments equal to the same percentage as all City employees receive if salary adjustments are made across the board commencing in the fiscal year 2024-2025, or three percent (3%), whichever is greater. This annual Increase commencing in fiscal year 2024-2025 is in addition to any award of the Performance Salary Increase outlined in Section 3, Paragraph B. D. Cellular Phone, During the term in which the Employee is engaged in the performance of their duties and responsibilities pursuant to this agreement, the City agrees to provide Twenty-seven dollars ($27.00) per period reimbursement allowance for the use of their personal cellular phone in recognition of the requirements of the position and in lieu of the City of Blair providing a cellular phone for the Employee. Employee shall not drive or operate a motor vehicle while conducting city business on the Employee's city phone, nor shall the Employee text communicate regarding any city business on the personal cellular phone. Employee agrees and understands that his personal cell phone may be subject to an open records request, and he shall not intentionally or unintentionally delete any public records from his cellular phone. E. Automobile. During the term in which the Employee is engaged in the performance of their duties and responsibilities pursuant to this agreement, the City agrees to provide One Hundred forty-five dollars and fifty cents ($145.50) per period reimbursement allowance for the use of their personal automobile in recognition of the requirements of the position and in lieu of a mileage rate reimbursement for business trips inside of Washington, Douglas, Sarpy, or Dodge Counties in Nebraska, Should Employee use their own personal vehicle for City business travel outside of Washington, Douglas, Sarpy, or Dodge Counties in Nebraska, City shall reimburse Employee at the current IRS. Mileage Reimbursement rate. Employee rK Initialed by Employee/Mayor/ �� 2 of 7 shall also have the option of using a City -owned automobile for conducting official City business and business travel. If Employee utilizes a city -owned vehicle, he is not entitled to a reimbursement of mileage. Employee hereby agrees that he will not have any alcohol, drugs, or tobacco products in his personal vehicle while doing City business. Employee hereby agrees that he is not to be under the influence of any drug or alcohol while operating any vehicle during City business, Employee agrees and acknowledges that he shall have a valid operator's license and carry car insurance on the vehicle at all times while engaged in City, business. Section 4: Health, Disability, and Life Insurance Benefits A. The City agrees to provide and to pay the premiums for health, hospitalization, surgical, dental, vision, and comprehensive medical insurance for the Employee at a rate as determined for all City of Blair full-time employees and their dependents on a yearly basis and as approved by the City Council, B. The City agrees to provide and to pay one hundred percent (100%) of the premium for long- term disability and accidental death and dismemberment coverage for the Employee. C. The City agrees to provide and pay one hundred percent (100%) of the premium due for a term life insurance policy in the amount of $35,000, The Employee shall name the beneficiary of the life insurance policy. The City Blau will pay for the Employee life insurance for Employee under this paragraph (not to exceed $35,000.00), spouse (not to exceed $15,000.00), and children under 19 years of age, (not to exceed $7,500.00). D. The Employee shall be eligible for all other benefits not specified in this agreement per the City of Blair's Employee Manual, as amended, but these benefits are optional and at the sole discretion and expense of the Employee. Section 5: 'Vacation, Sick Leave, Floating Holidays, and other Leave A. The City agrees to provide a one-time credit of sufficient additional hours to the employee's vacation bank, to be added to the Employee's current vacation bank balance to bring the total balance to four hundred eighty hours (480) hours. In the first year, Employee shall not take the full eighty (80) hours of vacation time at one time without the prior written approval of the Mayor, Furthermore, in the first year, Employee shall not take more than one hundred and twenty (120) hours of total vacation time without the prior written approval of the Mayor. B. The Employee may only accrue vacation time according to the City's Employee Handbook if he has utilized his vacation time which results in his vacation bank, balance being less than four hundred and eighty (480) hours, In no event shall the Employee accrue vacation leave in excess of four hundred eighty (480) hours on an annual basis provided to employees per the City's Employee Handbook, C. The Employee shall accrue sick leave on an annual basis at the highest rate provided to employees per the City's Employee Handbook and the Employee is entitled to a limit of nine hundred and twenty-eight (928) hours of sick leave. D The Employee shall have three (3) floating eight (8) hour holidays which must be used by the last full pay period of the fiscal year, This shall be immediately available to the Employee, E. The Employee shall be eligible for all Leave not specified in this agreement per the City of Blair's Employee Manual, as amended, but any sections of this Agreement that conflict Initialed by Employee/Mayor/ -1->6 %_ 3 of 7 with the City of Blair's Employee Manual, shall be superseded by this Section, 5, Terms and Conditions. Section 6: Residency While employed as City Administrator, Employee shall reside within thirty (30) miles from Blair City Hall at 218 S. 16th Street, Blair, Nebraska, Section 7: Retirement A. The City agrees to keep Employee enrolled into the City of Blair's applicable retirement system, as stated in the City's Employee Handbook, and to make all the appropriate contributions on the Employee's behalf, for both the City and Employee share required. B. As allowed by Plan Agreements, the City will match up to seven percent (7%) of the Employee's contribution to either the 414H or 457 Plans with the first (1st) pay period. After six (6) months, the allocation of the seven percent (7%) contribution by the City may be adjusted to coincide with Plan Agreements. Section 8: General Business Expenses A. City agrees to budget for and pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, advancement, and for the good of the City. B. Upon Mayor's approval, City 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 City, including but not limited to, the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local government groups and con-unittees in which Employee serves as a member, and Employee agrees to provide Mayor and/or City Council with a report on the substance of the travel, C, Upon Mayor's approval, City 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 City. Section 9: Termination A. Employee understands that under Nebraska Statute 16-309 and Blair City Code Chapter One, Article 3, Section 1-301, the Mayor, with City Council approval may remove the Employee at any time. Furthermore, the Employee understands that he is not guaranteed any reappointment by any future Mayor of Blair, or approval by any future Blair City Council, B. If the Employee is terminated for any reason, including with or without cause, the City's only obligation to the Employee shall be to pay all compensation and benefits accrued, but unpaid, as of the date of termination. Section 10: Resignation In the event that the Employee voluntarily resigns his position with the City, the Employee shall provide a minimum of thirty (30) days' notice, unless the parties agree otherwise. If the Employee resigns, the City's only obligation to the Employee shall be to pay all compensation and benefits Initialed by Employee/Mayor/ m It- 4of7 accrued, but unpaid, as of the date of resignation. Section 11: Performance Evaluation Conunencing in 2024, the Mayor, with input from the City Council, shall review and evaluate the performance of the Employee once annually during the annual performance evaluation period of all employees. The Mayor and the Human Resources Manager shall provide the Employee with a written summary of its evaluation and provide an opportunity for the Employee to discuss their evaluation with the Mayor and the Human Resources Manager. The purpose of this performance evaluation is to evaluate the Employee's job performance and determine any annual performance salary increases. Section 12: Hours of Work It is recognized the Employee must devote a great deal of time outside the normal office hours on business for the City, and to that the Employee shall be allowed to establish an appropriate work schedule. This schedule shall be appropriate to the needs of the City and shall allow Employee to faithfully perform the assigned duties and responsibilities. Section 13: Outside Activities Employee agrees to remain in the exclusive employment of the City of Blair until termination or resignation as outlined in this Agreement. Outside employment shall not be construed to include part-time adjunct teaching at a college or university, nor writing. Part-time adjunct teaching or writing will be performed outside of the Employee's work hours for the City of Blair and the activity will not degrade the quality of work for the City of Blair. Furthermore, to the extent necessary that work for the City of Blair requires work outside of the normal working hours, Employee agrees that if the City of Blair work is on an emergency basis, the City of Blau work shall take priority over any outside employment. Employee will not represent himself as the Blair City Administrator during any outside employment. Section 14: Other Terms and Conditions of Employment The City, only upon agreement with Employee, shall fix any 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 City of Blair Municipal Code or any other Nebraska state law. Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other appointed executives of the City as provided in the Municipal Code for the City of Blau, Personnel Rules and Regulations, the Employee Handbook or by practice. Section IS: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows; Initialed by Employee/IVlayor/ Ic- 5 of 7 (1) CITY. City of Blair, Attn: Blair City Clerk 218 S. 16t" Street Blair, NE 68008 (2) EMPLOYEE; Philip Green 1231 Limerick Road Papillion, NE 68046 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. Notices required pursuant to this Agreement shall be deemed 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, Mail for the City will be addressed to City Hall in care of the Blair City Cleric, Section 16: General Provisions A. Integration, This Agreement sets forth and establishes the entire understanding between the City and the Employee relating to the employment of the Employee by the City. 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 part of this agreement. B. Binding Effect, This Agreement shall be binding on the City 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. D, Law, This Agreement shall be governed by Nebraska law. Section 17: Ethical Commitments A. Employee will at all times uphold the tenets of the ICMA Code of Ethics. Specifically, Employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time, B. City shall support Employee in keeping these conmlitments by refraining from any order, direction or request that would require Employee to violate the 1CMA Code of Ethics, Specifically, neither the governing body nor any individual member thereof shall request Employee to endorse any candidate, make any financial contribution, sign, or circulate any petition, or participate in any fund- raising activity for individuals seeking or holding elected office, nor to handle any matter of personnel on a basis other than fairness, impartiality, and merit, Initialed by Employee/Mayor/�` 6of7 C. For consideration of the four hundred eighty hours of vacation leave being immediately placed in the Employee's vacation leave bank, he hereby agrees to be bound by the ICMA Code of Ethics that requires him not to apply, accept, or otherwise entertain any other employment with any municipality, wherever located, for a period of two (2) years from the commencement of this Contract, If Employee breaches this condition, he hereby understands that the City will report the violation immediately to the ICMA, which may result in his immediate termination from the ICMA membership and the loss of any of Employee's personal accreditation by the ICMA, Executed the day and year first above written, CITY; City of Blaii�� Melinda Rut Mayor EMPLOYE Philip Gree Approved a Desirae M, City Attorn Dated: I// / E: `' r n Dated: s to For n Onl Solomon Dated; ey Initialed by Employee/Mayor/ 7 of 7