HomeMy WebLinkAbout1996-168 Agrmt - Peter Lovrovich
CITY OF ASHLAND
Employment Agreement
Electric Utility Director
THIS AGREEMENT, made and entered into this ~ day of~, 1996, by and between
the City of Ashland ("City") and Peter Lovrovich ("Employee").
Recitals:
A. City desires to employ the services of Employee as Electric Utility Director of the City of
Ashland; and
B. It is the desire of the City Council, acting through the City Administrator, to establish
certain conditions of employment for Employee; and
C. It is the desire of the Council to (I) secure and retain the services of Employee and to
provide inducement for Employee to remain in such employment, (2) to make possible full
work productivity by assuring Employee's morale and peace of mind with respect to future
security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the
part of Employee, and (4) to provide a just means for terminating Employee's services at
such time as Employee may be unable fully to discharge Employee's duties due to disability
or when City may otherwise desire to terminate Employee's services; and
D. Employee desires to accept employment as Electric Utility Director of City;
City and Employee agree as follows:
Section 1. Duties. City agrees to employ Employee as Electric Utility Director to perform
the functions and duties specified in the job description for the position, and to perform other
legally permissible and proper duties and functions as the City Administrator shall from time
to time assign.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right
of the City to terminate the services of Employee at any time, subject only to the provisions
set forth in this agreement.
B. Employee agrees to remain in the exclusive employ of City until July 1, 1999, and
neither to accept other employment nor to become employed by any other employer until this
termination date, unless the termination date is affected as otherwise provided in this
agreement.
C. In the event written notice is not given by either party to terminate this agreement
at least 120 days prior to the termination date, this agreement shall be extended for
successive three year periods on the same terms and conditions. This provision shall not
restrict Employee from using vacation or personal leave for teaching, consulting or related
activities provided these activities do not conflict with the regular duties of the Employee.
D. In the event Employee wishes to voluntarily resign his position during the term of
this agreement, he shall be required to give the City six weeks written notice of such
Electric Utility Director Employment Agreement-pg. 1
intention, unless such notice is waived by the City Administrator with the approval of the
Mayor and City Council. Employee will cooperate in every way with the smooth and normal
transfer to the newly appointed individual.
Section 3. Salary. City agrees to pay Employee a monthly salary of $5997, payable at the
same time and in the same manner as other employees of the City are paid. In addition, City
agrees to annually increase the monthly salary andlor benefits in the same percentage as may
be accorded other department heads.
Section 4. Performance Evaluation. The City Administrator shall review and evaluate the
performance of the Employee at least once annually. This review and evaluation shall be in
accordance with specific criteria developed jointly by City and Employee. Further, the City
Administrator shall provide the Employee with a summary written statement of the findings
of the evaluation process and provide an adequate opportunity for the Employee to discuss
the evaluation with the City Administrator.
Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time
outside the normal office hours to business of the City, and to that end Employee will be
allowed to take compensatory time off as Employee shall deem appropriate during normal
office hours, so long as the business of the department is not adversely affected.
Section 6. Automobile. Employee's duties require that Employee shall have the exclusive
use at all times during employment with the City of an automobile provided by the City to
carry out the business of the City. City shall also be responsible for paying for insurance,
operation, maintenance and repairs of said vehicle.
Section 7. Health, Welfare and Retirement. Employee shall be entitled to receive the same
retirement, vacation and sick leave benefits, holidays, and other fringe benefits and working
conditions as they now exist or may be amended in the future, as apply to any other
department head, in addition to any benefits enumerated specifically for the benefit of
Employee as provided in this agreement.
Section 8. Dues and Subscriptions. City agrees to budget and to pay for the professional
dues and subscriptions of Employee necessary for the continuation and full participation in
national, regional, state a..'1d local associations and organizations necessary and desirable for
Employee's continued professional participation, growth and advancement, and for the good
of the City.
Section 9. Professional Development.
A. City agrees to budget for and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions adequate to continue
the professional development of Employee and to adequately pursue necessary official and
other functions for City as deemed appropriate by City.
B. City also agrees to budget and to pay for the 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 City.
Section 10. Professional Liability. City agrees to defend, hold harmless, and indemnify
Employee from all demands, claims, suits, actions, errors, or other omissions in legal
Electric Utility Director Employment Agreement-pg. 2
proceedings brought against Employee in his individual capacity or in his official capacity,
provided the incident arose while Employee was acting within the scope of his employment.
Section 11. Other Terms and Conditions of Employment. City shall, by amendments to
this agreement, fix such other terms and conditions of employment, from time to time, as it
may determine, relating to the performance by Employee with the agreement of Employee.
Section 12. Severability. If any part, term, or provision of this agreement is held by the
courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the
remaining portions of the agreement shall not be affected and the rights and obligations of
the parties shall be construed and enforced as if the agreement did not contain the particular
part, term, or provision.
Section 13. Termination and Severance Pay. In the event Employee is terminated by the
City before expiration of the term of employment and during such time that Employee is
willing and able to perform the duties under this agreement, then in that event City agrees to
pay Employee a lump sum cash payment equal to three months' aggregate salary; provided,
however, that in the event Employee is terminated because of the conviction of any crime
involving moral turpitude or illegal act involving personal gain to Employee, then, in that
event, City shall have no obligation to pay the aggregate severance sum designated in this
paragraph.
Section 14. PERS Pick-up. Employee contributions to the Public Employees' Retirement
system (PERS) shall be "picked up" by the City. Employee shall not have the option of
receiving money designated for retirement contributions and directly making the contribution
to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of the
employee's contribution to PERS.
Dated this --L day of Av~ ' 1996.
itl/ittU ~/UJ=t;JlJ[J
arbara Christensen, City Recorder
~~~
Catherine M. Golden, Mayor
Accepted this -1- day Of~, 1996.
IJ
Electric Utility Director Employment Agreement-pg. 3