Markus Contract

8/8/2019 Markus Contract

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EMPLOYMENT AGREEMENT

Introduction

This Agreement made and entered into this by and between IOWA CITYIOWA a municipal corporation hereinafter called Employer and THOMAS MMARKUS hereinafter calledEmployeean individual who has the education trainingand experience in local government management and who asa member of ICMA issubject to the ICMA Code ofEthics both ofwhom agree asfollowsSection1TermAThis agreement shall remain in full force and effect from1210ntil terminated bythe Employer orEmployee asprovided in Section9 10or11 of this agreementSection2Duties and AuthorityEmployer agrees to employ Thomas MMarkus as City Manager to perform thefunctions and duties specified in Article IV of the IowaCity Charter Title I Chapter 7 ofthe IowaCity Code and to perform other legally permissible and proper duties andfunctions asthe Council may from time to time assignSection3CompensationABase Salary Employer agrees to pay Employee anannual base salary of16000payable in installments at the sameime that the other administrative employees of theEmployer arepaidBConsideration shall begiven onanannual basis to increase compensationCThe Employer may increase the compensation ofthe Employee dependent upon theresults of the performance evaluation conducted under the provisions ofSection 12 ofthis Agreement Increased compensation may be in the form ofa salary increaseandoa bonus

Section4HealthDisability and Life Insurance BenefitsA The Employer agrees toprovide health hospitalization surgical vision dental andcomprehensive medical insurance for the Employee andhsedependents equal tothat which is provided toall other administrative employees of IowaCity


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BThe Employer agrees to provide disability insurance equal to that which is providedtoall other administrative employees of IowaCityC The Employee may elect to submit onceper calendar year to a complete physicalexamination including a cardiovascular examination by a qualified physician selectedby the Employee the cost of which shall be paid by the Employer unless the cost iscovered by insuranceD The Employer shall pay the amount of the premium not in excessof200annually for term life insurance in the amount of three3imes the Employeesnnualbase salary including all increases in the base salary during the life of this agreementThe Employee shall name the beneficiary of the life insurance policy Employeeunderstands that this is a taxable benefit

E Other Benefits During the term of this agreement Employer shall offer toEmployee other fringe benefits which may be provided othernonepresentedAdministrative and Confidential employees of EmployerSection5VacationSickand HolidaysA Upon commencing employment the Employee shall be credited with vacation leaveequal to the highest annual accrual 192 hours provided to all other employees andsick leave in the amount of 192 hours The Employee shall then accrue sick andvacation leave onanannual basis at the highest rate provided to any other employeesEmployer agrees to provide a holiday benefit program equal tothat which is provided allother administrative employees ofEmployerB Upon commencing employment the Employee shall have accesstoa bank of 180sick days to be used in the

caseof serious medical conditions This leave canonly beused to provide coverage during the waiting period between the onset of illness ordisability and the point atwhich shortorlong term disability coverage takesefectC The Employee is entitled to accrueunused vacation leave up to a maximum of 400hours and in the event the Employeesmployment is terminated either voluntarily orinvoluntarily the Employee shall be compensated for all accrued vacation time All sickleave shall be accruedconsistent with all other administrative employeesSection6AutomobileEmployer shall provide Employee anautomobile allowance of47500er month forhis business and personal useduring his employment with Employer Employee shallbe responsible for paying for liability property damage and comprehensive insurancecoverage upon such vehicle and shall be responsible for expenses attendant to thepurchase operation maintenance repair and regular replacement ofsaid vehicle Thisautomobile allowance shall be adjusted by the yearly percentage change of the IowaCity Iowa areaCPIU aspublished by the Department of Labor for December of2011and December ofeach contract year thereafter

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Section7RetirementA The Employer agrees to enroll the Employee into the applicable state or localretirement system and to make all the appropriate contributions onthe Employeesehalf for the EmployershareB In addition to the Employersayment to the state or local retirement system asapplicable referenced above Employer agrees to execute all necessary agreementsprovided by ICMA Retirement Corporation ICMARCrother Section 457 deferredcompensation plan for Employeesontinued participation in said supplementaryretirement plan and in addition to the base salary paid by the Employer toEmployeeEmployer agrees topay anamount equal to125f his base salary orthe maximumallowable amount under IRS rules whichever is the lesser amount into the designatedplan onthe Employeesehalf in equal proportionate amount each pay period Theparties shall fully disclose to each other the financial impact

of any amendment to theterms ofEmployeesetirementbenefitIn lieu ofmaking a contribution to a Section 457 deferred compensation plan the dollarvalue of this contribution may be used at the Employeesption to purchase previousservice from another qualified planSection8General Business ExpensesAEmployer agrees to budget for and to pay for professional dues andsubscriptions of the Employee necessary for continuation and full participation innational regional state and local associations and organizations necessary anddesirable for the Employeesontinued professional participation growth andadvancement and for the good of the EmployerB Employer agrees to budget for and to pay for travel and subsistence expenses

ofEmployee for professional and official travel meetings and occasions toadequatelycontinue the professional development of Employee and to pursue necessary officialfunctions for Employer including but not limited to the ICMA Annual Conference thestate league of municipalities and such other national regional state and localgovernmental groups and committees in which Employeeservesasa memberCEmployer also agrees to budget for and to pay for travel and subsistence

expenses ofEmployee for short courses institutes and seminars that arenecessary forthe Employeesrofessional development and for the good ofthe EmployerD Employer recognizes that certain expenses ofanonersona but job relatednature areincurred by Employee and agrees to reimburse or to pay said generalexpenses The finance director is authorized to disburse such moneys upon receipt ofduly executed expense or petty cash vouchers receipts statements or personalaffidavits orother necessary documentation required in accordance with the policies of

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the City of IowaCityE The Employer acknowledges the value of having Employee participate and be

directly involved in local civic clubs ororganizations Accordingly Employer shall pay forthe reasonable membership feesandoues to enable the Employee to become anactivemember in local civic clubsororganizationsF The Employer shall provide Employee with a computer softwarefaxodemellphone pager and such other devices as may be developed and required for theEmployee to perform the job and tomaintain communicationSection9TerminationFor thepurpose ofthis agreement terminationshalloccurwhenAThe majority of the governing body votes to terminate the Employee at a dulyauthorized public meeting

B If the Employer citizens orlegislature acts toamend any provisionsof the IowaCity

Charter or Iowa City Code pertaining to the role powers duties authorityresponsibilities of the Employeesosition that substantially changes the form ofgovernment the Employee shall have the right to declare that such amendmentsconstitute terminationC If the Employer without the approval of Employee reduces the base salarycompensation orany other financial benefit of the Employee unless it is applied in nogreater percentage than the average reduction of all administrative employees suchaction shall constitute a breach of this agreement and will be regardedasa terminationD If the Employee resigns following anoffer to accept resignation whether formal orinformal by the Employer as representative of the majority of the governing body thatthe Employee resigns then the Employee may declare a termination asof the date ofthe suggestion

Section10SeveranceSeverance shall be paid tothe Employee when employment is terminated asdefined inSection9In the event Employee is terminatedordischarged by the City Council and during suchtime the Employee iswilling and able to perform his duties under this Agreement thenand in that event the Employer shall continue to pay to the Employee his henxstingbase salary and deferred compensation onthe regular payroll schedule of the Employerintil the expiration of nine9months from the date of terminationoriiuntil suchtime as Employee accepts and commences employment with any other employerwhichever occursfirst To the extent allowable by law Employer shall either continueto provide and pay for health insurance or pay Employeesremiums for COBRA

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coverageduring theseveranceperiod

If the Employee is terminated because ofa conviction ofa felony then the Employer isnot obligated to payseveranceunder this sectionSection11ResignationIn the event that the Employee voluntarily resignshseposition with the Employerthe Employee shall provide a minimum of 60 days notice unless the parties agreeotherwise

Section12Performance EvaluationEmployer shall annually review the performance of the Employee prior toJuly 1 subjectto a process form criteria and format for the evaluationwhich shall bemutually agreedupon by the Employer and Employee The process at a minimum shall include theopportunity for both parties to1prepare a written evaluation2meet and discuss theevaluation and3resent a written summaryohe evaluation results The final writtenevaluation should be completed and delivered to the Employee within 30 days of theevaluationmeetingSection13Hours ofWorkIt is recognized that the Employeemust devote a great deal of time outside the normaloffice hoursonbusiness for the Employer and to that end Employee shall be allowed toestablish anappropriatework scheduleSection14Outside ActivitiesThe employment provided for by this Agreement shall be the Employeesoleemployment Recognizing that certain outside consulting or teaching opportunitiesprovide indirect benefits to the Employer and the community the Employee may elect toaccept limited teaching opportunities with the understanding that such arrangementsshall not constitute interference with nor a conflict of interest with his or herresponsibilities under this AgreementSection15Moving and Relocation ExpensesEmployee agrees to establish residence within the corporate boundaries of the localgovernment and thereafter tomaintain residencewithin the corporate boundaries of thelocal governmentAEmployer shall pay directly for the expenses of moving Employee andhsefamilyand personal property from Birmingham Mchigan to Iowa City Iowa Said movingexpenses include packing moving storage costs unpacking and insurance chargesB Employer shall reimburse Employee for actual lodging and meal expenses forhsefamily in route from Mchigan to Iowa Mleage costs for moving two personalautomobiles shall be reimbursed at the current IRS allowable rate of50 cents permile


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CEmployer shall pay Employee an interim housing supplement of One ThousandDollars 100er month for a period commencing December 1 2010 and shallcontinue foramaximum of 12 months This supplement will cease upon theEmployeescquisition and closing onthe ManagersomeDEmployer shall reimburse Employee for a total of6 round trip airfares for Employeeand his spouse for a total amount of 12 tickets at any time during the first year ofservice to assist with house hunting and other facets of the transition and relocationprocess The Employee and his spouse may utilize and distribute the total 6 individualround trip tickets in any combination The Employee shall be reimbursed for actuallodging and meal expenses incurred by Employee orhis spouse onany trips conductedprior to relocation asdetailed hereinSection16IndemnificationBeyond that required under Federal State orLocal Law Employer shall defend saveharmless and indemnify Employee against any tort professional liability claim ordemandorother legal actionwhether groundless orotherwise arising out of anallegedactoromission occurring within the scope of Employeesmployment or duties unlessthe actoromission involvedwillful orwanton conduct In the defense ofsuch claims theEmployee may request and the Employer shall not unreasonably refuse to provideindependent legal representation at Employersxpense and Employer may notunreasonably withhold approval Legal representation provided by Employer forEmployee shall extend until a final determination of the legal action including anyappeals brought by either party The Employer shall indemnify employee against anyand all losses damages judgments interest settlements fines court costs and otherreasonable costs and expenses of legal proceedings including attorneys fees and anyother liabilities incurred by imposed uponorsuffered by such Employee in connectionwith orresulting from any claim action suit orproceeding

actual orthreatened arisingout of or in connection with the performance of his or her duties unless the act oromission involved willful orwanton conduct Any settlement ofany claim must bemadewith prior approval of the Employer in order for indemnification as provided in thisSection to be availableEmployee recognizes that Employer shall have the right tocompromise adjust andsettle claims against Employee for which Employee is entitled to indemnificationFurther Employer agrees to pay all reasonable litigation expenses of Employeethroughout the pendency of any litigation towhich the Employee is a party witness oradvisor to the Employer Such expense payments shall continue beyond Employeeservice tohe Employer aslong aslitigation is pendingSection17BondingEmployer shall bear the full cost ofany fidelity orotherbonds required of the Employeeunder any laworordinance

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Section18Other Terms and Conditions ofEmploymentExceptasotherwise provided in thisAgreement theEmployee shall be entitledtothe highest level of benefits that areenjoyed by otheradministrative employees oftheEmployer as provided in the Charter Code Personnel Rules and Regulations or bypracticeSection19NoticesNotice pursuant to this Agreement shall be given by depositing in the custody of theUnited States Postal Service postage prepaid addressed asfollows1EMPLOYER Mayor of IowaCity Iowawith a copy to theClerk

410EWashingtonSIowaCity Iowa 52240

2EMPLOYEE ThomasMMarkus1365SouthfieldBirmingham MI 48009Alternatively notice required pursuant to this Agreement may be personally served inthe samemanneras is applicable to civil judicial practice Notice shall be deemed givenasof the date ofpersonal service orasthe date ofdeposit of such written notice in thecourseof transmission in the United States Postal Service

Section20General ProvisionsA Integration This Agreement sets forth and establishes the entire understandingbetween the Employer and the Employee relating to the employment of the Employeeby the Employer Any prior discussionsorrepresentations by orbetween the parties aremerged into and rendered null and void by this Agreement The parties by mutualwritten agreement may amend any provision of this agreement during the life of theagreement Such amendments shall be incorporated and made a part of thisagreementB Binding Effect This Agreement shall be binding onthe Employer and the Employeeaswell astheir heirs assigns executors personal representatives and successors ininterest

CEffective Date This Agreement shall become effectiveonDecember 1 2010D Severability The invalidity orpartial invalidity ofany portion of this Agreement willnot affect the validity of any other provision In the event that any provision of thisAgreement is held to be invalid the remaining provisions shall be deemed to be in fullforce and effect as if they have been executed by both parties subsequent to theexpungement orjudicial modification ofthe invalid provision

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E Governing law This agreement and the interpretation of this agreement shall begoverned by Iowa law

IOWA CITY a Municipal Corporation

ByMayor

AttestClerk

ByThomasM Markus

rovedas v7CityAttorney

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Markus Contract

Documents

Transcript of Markus Contract