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HomeMy WebLinkAboutKenneth J. Kraemer Contract Augusta Richmond GA DOCUMENT NAME: ~:JV-~~~ DOCUMENT TYPE: A<j ~ ~ -e..VY\€..Y\ ~ YEAR: 2.DC> \ BOX NUMBER: \ '3 FILE NUMBER: \ 55 L\ s: NUMBER OF PAGES: \ \ AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK J{ICIIARD L. COLCLOUGH WILLIAM B. KUHLKE. JR. STEPIIEN E, SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O, Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-59114 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator WM. "WILLIE" H. MAYS, III Mayor Pro Tern July 23, 2001 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 RE: Kenneth 1. Kraemer Contract Our File No. AR-61-049 Dear Lena: I enclose herewith an original of the contract between Augusta and Kenneth 1. Kraemer. Please include this in the city's permanent records. By carbon copy of this letter, I am forwarding copies of same to Brenda Byrd-Pelaez and Tim Weegar. With best personal regards, I am Yours very truly, (~ James B. Wall/~ JBW/sjp Enclosure cc: Ken Kraemer Brenda Byrd-Pelaez Tim Weegar "'" _ '1\ 6112A:l1 STATE OF GEORGIA COUNTY OF RICHMOND , ')JJ!!- -& TillS AGREEMENT made and entered into this ~ day of 2001" by and between Angusta, Georgia, a political subdivision of the State of or a, by and through the Augusta Aviation Commission and the Augusta-Richmond County Commission (hereinafter called "Employer" or "Aviation Commission"), as party of the first pait, and , Kenneth J. Kraemer, as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Kenneth J Kraemer as the Executive Director for the Augusta Regional Airport at Bush Field; and ' WHEREAS, it- is the desire of the Aviation Commission to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as Executive Director for Augusta; and WHEREAS, the parties acknowledge that Employee is a member of the American Association of Airport Executives (AAAE) and that Employee is subject to the AAAE Code of Ethics; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Dutiies Employer hereby agrees to employ said Kenneth 1. Kraemer as Executive Director for said _ Employer to perform the functions and duties of the Executive Director of the Augusta Regi_onal Airport at Bush Field and to perform <;>ther legally permissible and proper duties and functions as the Aviation Commission shall from time to time assign. Section 2: Term A. Employee agrees to remain in the exclusive ~:mploy of Employer until July 31, 2003, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date' is affected as hereinafter provided, 1 ''\;' .,' 6112AJ1 " B. In the event written notice is .not giv~n by either party to this agreement to the other One Hundred Eighty (180) days prior to the termination date as hereinabove provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of one year. Said agreement shall continue thereafter for a one-year period unless either party hereto gives One Hundred Eighty (180) days written notice to the other party that the party does not wish to extend this agreement for an additional one year term, C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Commission to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement. ' D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 5 of this agreement. Section 3: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if 1. A majority of the Aviation Commission and Employee agree, or 2. After a public hearing, a majority of Aviation Commission votes to suspend Employee for just cause; provided, however, that Employee shall have been given written notice setting forth any charges at least ten (10) days prior to such hearing by the Aviation Commission members bringing such charges. Section 4: -Termination and! Severance Pay A. In the event Employee is terminated by the Aviation Commission before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his dutie's under this agreement, then in that event Employer agrees to pay Employee a,lump sum cash, payment equal to six months' aggregate salary, benefits, and. deferred compensation. Employee shall also be compensated for all earned vacation, holidays" compensatory time, and other accrued benefits to date other than sick leave. In the event Employee is terminated for cause or for conviction, then, in that event, Employer shall have no obligation to pay the aggregate 'severance sum designated in'this paragraph or. any accrued benefits. Payment of the severance compensation by Employer and acceptance by Employee shall be, in full and complete 2 '1' 6/12/01 settlement of all claims or demands by either the Employer or Employee against the other and a mutual release shall be executed as a condition for such payment. B. In the event Employer at any time during the term of this Agreement (1) reduces the salary 'or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; 'or (2) in the event Employer refuses, following written notice to comply with any other provision benefiting Employee herein; or (3) in the event Employer fails to grant an increase in compensation to Employee in an amount at least equal to the same rate as other general employees of Augusta for each year subsequent to June 30, 2002, exclusive of, any merit increase to such employees, then in that event Employee may, at his option, be deemed to be '<terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Section 5: Resignation In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer three (3) months notice in advance, unless the parties agree otherwise. Should Employee fail to give such required notice, Employee shall forfeit any claim to any otherwise earned vacation, holidays or compensatory time, or for sick leave. Section 6: Disabnlitjr If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 4, paragraph A. Section ,7:,Sala:ry Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $115,000.00, payable in installments at'the same time as other management employees of the Employer are paid, during the first year of this Agreement (August 1,2001 through July 31, 2002. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the Aviation Commission may determine that it is desirable to do so on the basis of an annual salary review of said Employee made on or before August 1, 2002 and on or before January 1 of every year thereafter. 3 6/12101 Section 8: Performance Evaluation A. The Aviation Commission shall review and evaluate the performance'ofthe Employee , at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Aviation Commission may from time to time determine, in consultation with the Employee. Further, the Chairman shall provide the Employee with a summary written statement of the findings of the Aviation Commission and provide an adequate opportunity for the Employee to discuss his evaluation with the Aviation Commission. B. Annually, the Aviation Commission and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of , Augusta Regional Airport and in the attainment of the Aviation Commission's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Aviation Commission and Employee mutually agree to abide by the provisions of applicable law, Section 9: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate ,during said normal office hours. Section 10: Outside Activities Employee shall not spend more than ten (10) hours per week in teaching, consulting or other non-Employer-connecte~ business without the prior approval ofthe Aviation Commission. Section 11: Moving and Relocation Expenses Employee agrees to establish residence within the corporate boundaries of Augusta within two (2) months of employment, and 'thereafter to maintain residence within the corporate boundaries of Augusta, Georgia.' Employer shall reimburse Employee for relocation expenses, including reasonable trips to Augusta for Employee for house hunting, subject to approval by the Chairman, and shall pay 4 6/12101 directly for the expenses of moving Kenneth Kraemer, and his household goods from Dubuque, Iowa to Augusta" Georgia, such relocation and moving expenses not to, exceed $12,000.00. If such expenses exceed $12,000.00, Employer in its sole discretion, may review such expenses and authorize expenses in excess of suc~ amount. Said moving expenses to include packing, moving, storage costs, unpacking, temporary housing, and insurance charges. Employee agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest responsible bidder, Should Employee.resign from his employment with Augusta during the first two (2) years of this Agreement, Employee shall repay Augusta a prorated amount, computed on the basis of a fraction the numerator of which is number of months remaining .during the initial 24 months of the Agreement and the denominator is 24 months times the total amount paid by Augusta for relocation and moving expenses, Section 12: Automobile Employee's duties require that he shall have the exclusive and unrestricted use at all times of an automobile provided by Employer, for work-related purposes in accordance with existing policies for use of public vehicles by the Commission, Employer shall be responsible for all expenses related to said automobile. Section 13: Vacation, Sick, and Military Leave A. As an inducement to Employee to become Exe~utive Director, at signature hereof, Employee shall be credited with three (3) weeks of vacation leave and Thirty days (30) of sick leave. Thereafter, Employee shall ~ccrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Employer'with at least 10 years of service. B. Employee shall be entitled to military reserve leave time pursuant to state law and Augusta's Personnel Policies, C. Upon the expiration of this ,Agreement; or upon its earlier resignation by Employee following proper notice as provided in Section 5, Employer shall compensate Employee for any unused vacation time, consistent with Augusta's policy for other general employees. 5 6/12101 Section 14: Disability, Health, and Life Insurance A. Employer agrees to put into force and to make required premium payments for Employee for insurance policies for accident, ~ickness, disability income benefits, major medical, and dependent's coverage group insurance covering Employee and his dependents, equal to that which is provided all other Employees of Augusta, Georgia. Further Employer agrees'to put into force and to make required, premium payments for Employee for a life insurance policy in an amount equal to Employee's annual salary. B. Employer agrees to provide hospitalization, surgical, and comprehensive medical . insurance for Employee and his dependents and to pay the 'premiums thereon equal to that which is provided all other employees of Augusta. C. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said ex~nation. To the extent permitted by law, the medical report shall be treated as a confidential record not subject to public disclosure. Section 15: Retirement E~ployer'and Employee agree that Employee will not participate in any Augusta pension or retirement plan. Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation (ICMA-RC) for Employer's continued participation in said , . ICMA-RC retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay five percent (5%) of the base salary for each year of this Agreement into the ICMA-RC on E:mployee's behalf, in equal proportionate amounts each pay period, and to transfer owriership.to succeeding. employers upon Employee's resignation or termination, The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefit. Section 16: Dues and Subscriptions Employer' agrees to budget for and to pay for professional, dues and subscriptions of Employee necessary for his continuatiori and full participatiori in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Employer. Time devoted by Employee in travel and actually participating in such associations and organizations shall not be deducted from:, or charged against, vacatioQ time. . Section 17: Professional Development 6 6112AJ1 A. Employer hereby agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions, adequate to continue the professional de~elopment of Employee and to adequately pursue necessary official functions for Employer, including but not limited to such national, regional, state, and local governmental groups and committees thereof which Employee serves as a member, B. Employer also agrees to budget for and to pay for 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 Employer Section 18: General ]~xpenses ' Employer recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses, as approved by the Chairman, and the finance director is hereby authorized to disburse such monies upon receipt of duly executed expense or ,petty cash vouchers, receipts, statements or personal affidavits, Section 19: Indemnification As a part of the compensation and terms of employment of Employee, the county attorney is hereby directed to defend all civil, criminal or quasi-criminal actions brought against such Employee arising out of the performance of his duties or in any way connected therewith, whether based upon negligence, violation of c(mtract rights, or violation of' civil, constitutional, common law or statutory rights; provided, however" the county attorney shall not be, authorized to furnish a defense to Employee if charged with a criminal offense or for theft of money of Augusta or any other governmental entity; and provided further, the county attorney shall not be required to furnish a defense where liability insurance has been provided by Augusta to protect outside parties and pay damages by reason of the occurrence or action complained of It is hereby resolved that Augusta may expend public funds to furnish all costs in connection with the defense of such action, including but not limited to attorney's fees, ,court costs, deposition costs, witness fees and compensation. Section 20: Other Terms and Cond.itions of Employment A. The Aviation Commission, in consultation with the Executive Director, shall fix any such other terms ~d conditions of employment, as it may determine from time to time, relating to the perfomiance of Employee, provided such terms and conditions are 7 6/1 W1 not inconsistent with or in conflict with the provisions of this agreement, the Augusta- Richmond County Code, Augusta's charter or any other law. B, All provisions of Augusta's charter and code; and regulations and rules of the Employer relating to vacation and sick leave, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, also, shall 'apply to Employee as they would to other employees of Augusta; in addition to said benefits enumerated, specifically'for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisio~s governing accrual and payment therefor on termination of employment. Section 21: No Reduction of Benefits ' Employer shall not at any time during the term of this agree~ent, reduce the salary, compensation, or other financial . benefits of Employee, except to the degree of such a reduction across-the,..board for all employees of the Employer. Section 22: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: 1. EMPLOYER: Chairman, Aviation Commission 1501 Aviation Way Augusta, GA 30906 With a copy to: George R. Kolb, Administrator Room 801, City-County Building (11) Augusta, Georgia 30911 2. EMPLOYEE: Kenneth Kraemer Alternatively, notices 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 a~ of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 8 .- 6112/01 Section 23: General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the, heirs at law and executors of Employee, C. This agreement shall become effective upon (~xecution, with the term of employment commencing August 1, 2001, D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion ' 'thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF the Aviation Commission and the Augusta-Richmond County Commission have caused this agreement to be signc;:d and executed by its duly authorized officials, and the Employee has signed and executed this agreement, both in duplicate the day and year first above written. ' AUGUSTA AVIATION COMMISSION _,,~y ~%- t~ f{V" As its Chairman , By: r As its Mayor AT~~ By: ~ ~ As its Clerk (Seal) APPROVED AS TO FORM: 9 6/12101 {j~.~ Employee \ 10