Employment Agreement This Agreement is entered into on this_25% day of Mngti\ 2019, by and between the City of Hastings, Nebraska, a municipal corporation, hereinafter referred to as the "City", and David IT. Ptak, hereinafter referred to as "Mr. Ptak”. WHEREAS, the City desires to employ Mr. Ptak as City Administrator of the City of Hastings, as provided by the Hastings City Code; WHEREAS, Mr. Ptak desires to accept employment as City Administrator of the City of Hastings, according to the following terms and conditions. FOR GOOD AND VALUABLE CONSIDERATION AS SET FORTH BELOW, THE. PARTIES AGREE AS FOLLOWS: L Duti The City agrees to employ Mr, Ptak as City Administrator, to perform the functions and Guties as specified in the Hastings City Code as well as such other duties and functions as determined by the Mayor and City Council from time to time. 2, Term. (A) This Agreement shall be for a term of two (2) years, beginning on May 11, 2019. At the end of the original 2-year term, Mr, Ptak shall have the option to renew the Agreement for an additional term of two (2) years. (B) Mr. Ptak shall remain the exclusive employee of the City for the term of this Agreement, with the exception of his adjunct professor teaching duties at Hastings College as long as it does not interfere with his role as City Administrator. Mr. Ptak shall not engage in any activities that place him in a conflict with the best interests of the City, and shall not use information obtained in his role as City Administrator for personal gain, (©) For purposes of this Agreement, "business hours" or regular business hours are ‘between 8:00 a.m. and 5:00 p.m, Monday through Friday. (D) Mr. Ptak's job performance shall be evaluated by the Mayor and Council during the month of September each year, at which time a salary and benefits review will be conducted. 3. Termination. (A) During the term of this Agreement, Mr. Ptak may be terminated by the City for cause, For cause may include things such as conviction of any felony or a misdemeanor involving moral turpitude, for a breach of this agreement, or for dereliction of duty. For purposes of this Agreement, dereliction of duty shall mean neglect of duties as City Administrator or abandonment of the position for any period of time,(B) If the City wishes to terminate this Agreement prior to the end of the second year or subsequent two (2) year term, it shall provide written notice to Mr. Ptak, one (1) year prior to the date of the termination of the Agreement, Ifthe City terminates this agreement for a reason that is not "for cause", it does not relieve the City of the financial obligations of this Agreement. If Mr, Ptak terminates this Agreement, he shall provide two (2) months’ notice, and all financial obligations of this Agreement are thereafter terminated. 4, Salary, City agrees to pay Mr. Ptak an annual salary based on the most current comparability study utilized by the City cach year. The City shall increase or decrease Mr. Piak's salary on an annual basis based on comparability. 5. Hours of Work. The position of City Administrator is a full time position, consisting of a forty (40) hour workweek, and such other additional time necessary to carry out the duties associated with the position of City Administrator. 6. Automobile, ‘Mr. Ptak shall be furnished with an automobile allowance of $400.00 per month, to compensate him for the use of his private vehicle. In addition to the allowance, Mr. Ptak shall be reimbursed for mileage, at the current city rate, for city business that requires him to drive outside of the city limits. The vehicle allowance may be increased or decreased on an annual basis. 7. Dues and Subscriptions. The City agrees to pay the professional dues and subscriptions, including the dues to the Nebraska State Bar Association of Mr. Ptak, necessary for his participation and membership of organizations that promote the growth and advancement of the City. 8. Professional Development. ‘The City agrees to budget and pay the travel and subsistence expenses of Mr. Ptak for professional and official travel, meetings, and occasions adequate to continue his professional development and to pursue functions of the City. 9. General Expenses. City recognizes that certain expenses of a non-personal yet job related nature are ineurred from time to time. Said expenses shall be reimbursed to Mr, Ptak upon receipt of documentation of the expense as well as any explanation or affidavit of purpose from Mr. Ptal. | i10, Civie Club Membership. Mr. Ptak may, subject to approval by the Mayor, become a member of any civic club or organization, The membership fees of said organization or club shall be paid by the City. Mr. tak shall make an annual report to the Mayor, on those clubs or organizations joined at City expense, 11, Vacation and Sick Leave, ‘Mr. Ptak shall be entitled to receive the same vacation time and sick leave benefits as those accorded to other employees of the City, including provisions governing accrual and payments therefore on termination of employment, provided that during term of this agreement or any extension thereof, Mr. Ptak shall accrue vacation on the basis of four (4) weeks per year, 12. (A) Mr. Ptalk shall be entitled to receive the same insurance coverage for life, accident, sickness, disability income benefits, and major medical as is accorded to other employees of the City. The City shall make the required premium payments for said insurance coverage, isability, Health, and Life Insurance, {(B) City agrees to purchase and to pay the required premiums on term life insurance policies consistent with the City policy for other employees, Said insurance shall be on the life of Mr. Ptak. Mr. Ptak shall determine the beneficiaries, 13. Retirement, Pension contribution for Mr. Ptak shall be at an amount equal to 8% of his annual salary, which shall be paid into the entity of his choice. 14, Other Terms and Conditions. (A) The City Council shall fix any such other terms and condition of employment, as it may determine from time to time, relating to the performance of Mr. Ptak, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the City Code, or any other applicable law. (B) All provisions of the City Code and regulation and rules of the City relating to holidays and other fringe benefits and working conditions, as they now exist or hereafter may be amended, shall also apply to Mr. Ptak as they would to other employees of the City, in addition to the benefits enumerated specifically herein for the benefit of Mr. Ptak, 15. General Provisions, (A) Mr. Ptak shall meet with the Mayor and City Council on an annual basis to evaluate the performance of his position of City Administrator. (B) The text herein constitutes the entire agreement between the parties. | | | i | t(© This Agreement shall be binding upon and inure to the benefit of the heirs at law and personal representative of Mr. Ptak. (0) This Agreement shall become effective on the 11" day of May, 2019, © _Ifany portion or provision of this Agreement is held invalid or unenforceable, that portion or provision shall be severable from the remainder of the Agreement and shall not nullify or strike the Agreement as a whole, and the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Hastings has caused this Agreement to be signed and executed in its behalf by its Mayor and duly authenticated by its City Clerk. The Mayor and Mr. Ptak have signed and executed this Agreement, both in duplicate, on this_25 day of Mangon » 2019, CITY OF HASTINGS, NEBRASKA, a Nebraska Municipal Corporation Zs a Mayor ATTEST: aly ei — (SEAL) David H. Ptak i | | |