RESOLUTION

A RE,SOLUTION AUTHORIZING THE MAYOR OF THE CITY OFPEVELY, MISSOURI, TO ENTER INTO AND EXECUTE ANAGBTEMENT WITH TERRY IL THOMAS AS CMY ADMINISTRATORFOR CTTY OF PBVELY AND ESTABLISH AN EFFECTTVE, DATETTTNREOF

EMPLOYMENT SERVICES AGREEMENT

THIS EMPLOYI\{ENT SERVICES AGREEMENT f'Agreement") is made and entered

into as of the 17m day ofDecember,20\3,by and betweenthe City ofPevely, Missouri ("'City")

and Terry R. Thomas ("Thomas")-

WHEREAS, the City has by Resolution authorized the hiring of a person to fulfill the

duties and oblieations of City Administrator, and

WHEREAS, Thomas has served as the City Administrator for the City since 2012 and

Thorras expressed his interest and willingness to continue to serve as Crty Administrator for the

City; and

WHEREAS, Thomas competently performed the duties as City Administrator for the past

year and is qualified to continue to perform and discharge the duties of City Administrator;

Now, therefore, it is mutually agreed by and between the parties as follows:

1. Term. City'hereby employs Thomas in the position of City Administrator for a

term of one (1) year cornmencing December 171t',2O13 through and including Decembet 16,

24ru.

Z. Reporting. Thomas shall commence his employment under this Agreement

December 17,e,Z1l3,and shall devote his efforts, expertise and services to the City on a full

time basis. Thomas shall report to, and be responsible to, the Mayor, or in the Mayor's absence,

such designated member of the Board of Aldermen in the City, as he may be directed tiom trme

to time-

3. Duties and Responsibilities. Thomas's duties and responsibilities shall include,

but not be limited to, day-to.day, oversight and management of all City employees and personnel

including the Pevely Police Department; reporting to the Mayor and Board and attendance at all

Board meetings; attendance at such committee meetings as may, from time to time, be directed

by the Mayor; oversight of all employment mafiers; oversight and direction for the performance

of all City departments and utilities including street departrren! public works, water and sewer

deparhents and the Police Department; coordination of all City business between the City and

Federal, State and Local officials as from time to time may b" ,"""'rrury; oversight and review of

all consfuction plans and projects presented to the City, whether for public improvements or

private construction; determination ard oversight of enforcement of City regulations, codes and

ordinances (including law enforcemen! traffic and criminal violations); interface with Pevely

Police Departrnent on such matters as may require law enforcement assistance for the continued

efficient operation of City business; oversight and direction for the hiring disciplining and finng

of positions of City business; advise and direct City employees in the carrying out of the day-to-

day duties and operations; be knowledgeable and familiar with all City Codes and Ordinances,

including all building and construction sites for oversight of the specifications of all construchon

and improvement projects for the City inctuding the preparation of such requests for proposals

and bidding processes and publications; meeting and interaction with such agents, developers,

engineers, and professional persons as may have business with the City (including law

enforcemen! Pevely Municipal Ordinance Violations and Pevely Municipal Court); to be on call

in the event of the need for emergency services that may from time to time be required to be

provided to the City.

4. Compensation. City agrees to pay Thomas as and for total compensation for theterm of this Agreement the gross annual salary in the amount of Sixty-Five Thousand Five

Hundred and 00/100 Dollars ($65,500.00), subject to the federal and state withlrolding, FICA,

and such other lawful deductions as may be required. In addition, Thornas will receive all other

regular and customary benefits afforded to City employees, including but not limited to, medical,

health and accident insurance coverage, and, if applicable, worker's compensation coverage;

vacation days, sick leave.

5. Expense Allowance. Incidental to and for the efficient performance of his job

duties as City Administrator, Thomas shall be provided with:

Use of a City vehicle, designated as the City Administrator's Vehicle, including

all fuel, maintenance and insurance charges incurred in the use of the vehicle in

providing services t6 the Crty; and

SmartPhone and use plan; and

Regular dues for participatior/membership to ICMA' MCMA, SLACMA and

MML; and

Reimbursement(s) for qualifying expenses, plus lodging outside the Metro area,

in accordance with the Travel Expense and Reimbursement Plan adopted by the

City in 2009; and

If not using the City Administator's Vehicle, mileage reimbursement equal to

75Yo of the rate prescribed by the Intemal Revenue Service for allowable

expenses for motor vehicle use expressed as an amount per mile, in accordance

with Section B(b) of the Travsl Expense and Reimbursement Plan adopted by the

b.

c.

d.

e.

City in 2009 while on City business in providing services and travel to locafions

outside the City and outside the counties of Jefferson, Franklin, Ste. Genevieve,

St. Louis, St. Francois, and the City of St. Louis, for which no additional

reimbursement shall be allowed; and

f. Reimbursement of any and all authorized expenses incurred or advanced byThomas upon presentation of proper documentation and requisition lbr payment,

and

g. Regular periodic dues to Rotary and Pevely Lions Club-6. Vacation. Thomas shall be entitled to five (5) weeks vacation with regular base

pay during the term ofthis Agreement. Vacation days must be used during the term of this

Agreement. Vacation days may not be accumulated from year to year unless expressly

authorized by the Mayor. In the event Thomas shall be terminated or resign, he shall forfeit any

unused vacation.

7. Cancellation and Release"a. Thomas may cancel this Agreement and be fully and completely released fiom

further obligations hereunder, upon the grving of written notice to the City not

less than thirty (30) days prior to the effective date of cancellation. Unless agreed

to in writing by the City, Thomas shall continue to fulfill his obligations

hereunder during such thirty day (30) day notice period.

b. The City may cancel this Agreement and terminate Thomas at any time withoutcause upon the grving of immediate written notice of discharge. Upon

termination without cause by the City, Thomas shall be paid a lump sum

severance papent equal to ninety (90) days of regular salary as set forth in

Paragraph 4 herein, less required withholding for taxes and FICA. Thomas shall

not be entitled to any additional compensation or expense allowance as set lbrth

in Paragraph 5 herein, from and after date of notice of cancellation or

terrnination. Except for cause, Thomas may not be terminated without cause

during the period commencing with the date of the regular municipal election fbr

candidates and ending one hundred twenty (120) days tlereafter-

Termination for Cause The City may terminate this Agreement for cause upon

providing written notice to Thomas of the basis for such termination and providing Thomas with

an opportunity not less than three (3) days and not more than ten (10) days after delivery of such

notice to appear before the Board of Atdermen in a closed session to present any information he

deems appropriate with respect to the basis for his impending discharge. Termination for cause

should be effective only after an affirrrative vote by the majority of all members of the Board of

Aldermen after Thomas has been presented with the opportunity to appear before the Board of

Aldermen. "Cause" for purposes of termination for cause shall include the followtng:

Thomas repeatedly and willfully fails to perform his duties under this Agreement

after first receiving thirfy (30) days advanced written notice &om the City of failure

to perform such duties;

Thomas breaches any material term of this Agreement,

Thomas is convicted of a felony or admits to the commission of any act involving (i)

misappropriation of money, property or assets of the City or others, (ii) a felony, or

(iii) any crime involving moral turpitude,Thomas's death;

. Thomas's permanent disability, which disability lasts for a period of at least ninety

(90) days;

. Thomas commits an act of grave misconduct or incompetence, gross negligence,

dishonesty, fraud, misrepresentation, or conduct that brings disrespect upon the City;

or

. Thomas is found to be engaged in the illegal use, possession or sale of drugs or illegal

substances

In the event Thomas shall be terminated for cause, all compensation, additional

cornpensation or expense allowance shall cease effective with the termination. Thomas shall not

be entitled to receive any severance payment if he is terminated for cause. Any allowable

business expenses incurred by Thomas not associated in any way with his termination fbr cause

shall be reimbursed by the City at the earliest convenient regular pay period next immediately

following termination Any non-ailowable expense claimed and previously paid to Thomas shall

be repaid by Thomas to the City, and failing same, the City shall be entitled to setoffof any such

non-allowable expenses against any sums then due Thomas.

SO AGREED as of the -

day of December, 2013-

CITY OF PEVELY

John Knobloch" Ma-vor

ATTEST:

Terry R. ThomesBy:

City Clerk, City of Pevely