HomeMy WebLinkAboutRESOLUTIONS-2016-066-R-1610/7/2016
66-R-16
A RESOLUTION
Authorizing the Mayor to Enter into
An Amended and Restated Employment Agreement
For City Manager Wally Bobkiewicz
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Mayor is hereby authorized to enter into an
Amended and Restated Employment Agreement for City Manager Wally
Bobkiewicz, marked as Exhibit A.
SECTION 2: That this Resolution shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Attest,
R dney u%"w
ene, City Clerk
Adopted: L 2016
1
Eli eth �BTisdahl, Mayor
EXHIBIT A
Employment Agreement
EMPLOYMENT AGREEMENT
WHEREAS, the City of Evanston ("City") desires to continue to employ
Walter J. Bobkiewicz, III, as City Manager ("Bobkiewicz"), under the terms and
conditions hereinafter set forth; and
WHEREAS, the City and Bobkiewicz wish to amend and restate the
terms of the employment of Bobkiewicz as City Manager;
NOW, THEREFORE, IT IS AGREED by and between the parties as
follows:
1. In accordance with Evanston City Code ("ECC") § 1-8-1, the City of
Evanston employs Bobkiewicz in the position of City Manager at an annual salary of
$210,206.20 per year. This annual salary is effective January 1, 2016, and any
retroactive salary amounts owed to Bobkiewicz will correspond to this effective date.
This amount may be adjusted as provided below. Unless otherwise provided in this
Agreement, or by other City action, Bobkiewicz will devote his full time and energies
to perform the functions and duties specified by statute and relevant City ordinances
and resolutions of City Manager, and to perform such other legally permissible and
proper duties and functions as City may from time to time assign. The City will not
interfere with the execution of the City Manager's powers and duties as provided by
the ECC (including, without limitation, ECC §§ 1-8-1, et seq.) or other applicable law.
Bobkiewicz is expected to conform to the ICMA Code of Ethics and must comply
with Title 1, Chapter 8 of the ECC.
2. This Agreement becomes effective on October 10, 2016. In
accordance with Section 1-8-1 of the City of Evanston Code, unless terminated, the
term of this Agreement is indefinite.
3. The City Council shall conduct an annual evaluation of Bobkiewicz's
performance in writing in conjunction with Merit Review/COLA per the Executive
Benefits policy. Any adjustment in salary shall be made following such evaluation
and shall become effective on his most recent anniversary date or such other date
hereinafter as the City may specify. The evaluation shall be in accordance with
specific criteria developed jointly by the City and Bobkiewicz. Said criteria may be
added to or deleted from as the City may from time to time determine in consultation
with Bobkiewicz.
4. Bobkiewicz shall participate in the Illinois Municipal Retirement Fund in
accordance with applicable law. Bobkiewicz shall contribute such portion of his
salary as required by applicable law, and the City shall contribute on Bobkiewicz's
behalf in accordance with applicable law.
5. In addition to the salary hereinabove provided, the City shall pay on
Bobkiewicz's behalf an annual deferred compensation in the amount of Ten
Thousand Dollars ($10,000) to a qualified tax deferred plan.
6. The City shall pay Bobkiewicz a car allowance in the amount of Five
Hundred Dollars ($500) per month to compensate him for the use of his personal
vehicle for City business. In addition, the City will reimburse Bobkiewicz at current
IRS rates for utilization of his private vehicle for City business outside the six county
Chicago metropolitan area. Bobkiewicz shall provide the City, on an ongoing basis,
with evidence that he has in force and effect a reasonable policy of liability insurance
covering his operation of his personal vehicle while on City business.
7. The City shall provide health and dental insurance for Bobkiewicz and his
spouse and eligible dependents in accordance with the plan offered to other full-time
executive staff employees of the City. Bobkiewicz will pay the applicable monthly
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contribution for such health and dental coverage. The City shall pay for term life
insurance insuring Bobkiewicz's life, with a beneficiary to be named by Bobkiewicz,
in an amount equal to two times (2x) Bobkiewicz's annual salary.
8. Sick leave shall be accrued at the rate of one-half day per month for the
first six months of employment, and one day per month thereafter, all in accordance
with the sick leave program offered to executive staff members set forth in the
appendix to this Agreement.
9. Bobkiewicz shall be entitled to annual vacation in the amount of four (4)
weeks in addition to four (4) floating holidays. Additional vacation shall be awarded
in accordance with the Executive Staff Benefits policy.
10. If the City adopts the Retirement Health Savings Plan (R.H.S.P.) as an
additional benefit for the Chief of Police or any other department director, Bobkiewicz
shall be entitled to participate in the Plan in accordance with the terms and
conditions thereof.
11. Bobkiewicz shall maintain a residence in Evanston throughout the duration of
his employment as City Manager.
12. The City shall maintain an interest -free loan available to Bobkiewicz in
the amount of up to $180,000 applicable to his residence in Evanston. The terms
of the loan shall be zero (0) interest for as long as Bobkiewicz is the City Manager.
The City shall have a lien on the property subordinate to the first mortgage, and all
terms of the previously recorded mortgage dated June 13, 2011 remain in full force
and effect. The loan shall be repaid at the earlier of the following two dates: (1) one
(1) year after the date of termination of his employment as City Manager; or (2) the
date of the closing of the sale of the property. For the period between the date of
termination of Bobkiewicz's employment and the date of repayment, Bobkiewicz
shall pay the City four percent (4%) interest on the outstanding loan balance.
Bobkiewicz shall pay federal and state income taxes annually on the imputed
interest on the loan in accordance with IRS and Illinois Department of Revenue
regulations.
13. If Bobkiewicz's employment is terminated by action of the City,
Bobkiewicz shall receive a lump sum of cash payment in the amount of nine (9)
months of base salary. In addition, the City will continue all of Bobkiewicz's health
benefits, including dependents, for a period of nine (9) months following termination.
If Bobkiewicz leaves voluntarily, he will be entitled to compensation for accrued and
unused vacation days, floating holidays, and sick days (up to 35 days), but he shall
not receive any severance pay. Severance shall not be paid if it is determined by the
City Council that termination is required by reason of the willful breach or habitual
neglect of the duties that Bobkiewicz is required to perform under the terms of this
Agreement; conviction of any felony; conviction of any crime involving moral
turpitude. In the event Bobkiewicz voluntarily resigns, he shall provide the City with
60 days notice in advance unless all parties otherwise agree. In said event, the City
shall not be required to pay described severance benefit but shall pay accrued
vacation and sick leave per Executive Benefits policy.
14. The City shall pay reasonable annual dues to professional organizations
such as (but not limited to) ICMA, ILCMA, and local chapter meetings of any such
organization, as determined by Bobkiewicz. The City shall pay expenses for
professional development and related travel expenses for one national one state
conference as well as expenses for local professional development opportunities.
The City shall pay dues and meals for membership in local Rotary Club. All other
A
expenses of membership to be borne by Bobkiewicz. Bobkiewicz will secure most
favorable rate for Rotary membership. In addition, Bobkiewicz may attend an annual
spring meeting of the International Committee of ICMA on City time for a duration not
to exceed three work days. All other expenses for this activity will be borne by
Bobkiewicz.
15. Beyond that required under Federal, State or Local law, the City shall
defend, save harmless and indemnify Bobkiewicz against any tort, professional
liability claim or demand or other legal actions, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of
Bobkiewicz's duties as City Manager or resulting from the exercise of judgment or
discretion in connection with the performance of program duties or responsibilities,
unless the loss resulted from Bobkiewicz's willful acts, gross negligence, or criminal
acts. Bobkiewicz may request and the City shall not unreasonably refuse to provide
independent legal representation at the City's expense and the City may not
unreasonably withhold approval. Legal representation, provided by the City for
Bobkiewicz, shall extend until a final determination of the legal action including any
appeals brought by either party. The City shall indemnify Bobkiewicz 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 Bobkiewicz in
connection with or resulting from any claim, action, suit or proceeding, actual or
threatened, arising out of or in connection with the performance of his duties. Any
settlement of any claim must be made with prior approval of the City in order for
indemnification, as provided in this Section, to be available. The Parties agree that
this Section will survive the termination of this Agreement and Bobkiewicz's
employment. The City's obligations under this Section apply whether Bobkiewicz is
or is not employed by the City at the time any such claim, demand, action, loss or
charge is made or occurs, as the case may be so long as the action giving rise to
the claim occurred during the time Bobkiewicz was employed by the City.
16. The City shall bear the cost of any fidelity or other bonds required of
Bobkiewicz under any law or ordinance.
17. Notice pursuant to this Agreement shall be given by depositing said notice
in the custody of the United States Postal Services, postage prepaid, certified mail
return receipt requested, addressed as follows:
1. City of Evanston
Attn: Mayor
2100 Ridge Avenue
Evanston, IL 60201
2. Walter J. Bobkiewicz, I I I
2100 Ridge Avenue
Evanston, IL 60201
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.
18. 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
expunge net or judicial modification of the invalid provision.
19. This Agreement may be changed or amended by the mutual written
consent of the City and Bobkiewicz. Any benefits to Bobkiewicz under this
Agreement may be increased or added to by motion of the City Council without
formal amendment to the Agreement.
20. This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument will be of no force or
effect excepting a subsequent modification in writing signed by the City and
Bobkiewicz.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals
this I --� day of October, 2016.
WALTER J. BOBKIEWICZ, III
N
CITY OF EVANSTON
By:
"or Elizabeth Tisdahl
T-�[
City Crk