13. City Manager Contract4D City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: City Council
FROM: Pamela B. Kennedy, Mayor
SUBJECT: City Manager Contract
MEETING DATE: July 1, 2002
Attached is the contract for Chris Kukulski as discussed at a work session
June 1 Oth. If you have any questions or concerns, please let me know.
RECOMMENDATION: Council approve the contract for the City Manager for a term of three
years.
Respectively submitted,
Pamela B. Kenn y
Mayor
CITY MANAGER AGREEMENT
THIS AGREEMENT is entered into as of the 1st day of May, 2002, by and between the CITY OF
KALISPELL, a municipal corporation (the `CITY') and CHRIS A. KUKULSKI (the "CITY
MANAGER"), with respect to the following:
1. Employment: The CITY hereby hires CITY MANAGER and CITY MANAGER accepts
employment with the CITY, upon the terms and conditions set forth herein.
2. Duties: Employer hereby agrees to continue to employ CITY MANAGER as the CITY
MANAGER of the City of Kalispell to perform the functions and duties specified in the City
Ordinances, State Law, and the job description, and to perform other legally permissible and
proper duties and functions as the City Council shall from time to time assign.
Neither the City Council nor any of its members shall direct or request the appointment of any
person to, or removal from, office by the CITY MANAGER or subordinates or in any manner
to take part in the appointment or removal of employees in the service of the City, except as
provided by law. The City Council shall deal with employees of the City solely through the CITY
MANAGER and neither the City Council nor any member thereof shall give orders to any
subordinate of the CITY MANAGER, neither publicly or privately.
3. Relations With The Public: The CITY MANAGER acknowledges that the position of CITY
MANAGER is a position of high visibility before the public. The CITY MANAGER shall
conduct himself before the public, both during and outside of regular working hours, in a manner
that reflects favorably upon the CITY MANAGER and the CITY.
4. Term of Agreement: This Agreement shall be effective immediately upon signing by both
parties. The term of this Agreement shall be for three years, beginning May 1, 2002, and
continuing through May 1, 2005. At the conclusion of the initial three year term, and at the
conclusion of any subsequent three year term, this contract shall automatically renew for an
additional three years, on the same terms and conditions as set forth herein, unless either party
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provides written notice to the other party, at least 180 days in advance of the end of the current
term, of that party's desire not to renew this Agreement. If either party gives such notice 180
days prior to the expiration of the current term, then the current term shall expire on May 1 of
the third year of the current term. This Agreement may be terminated in accordance with the
provisions of Paragraphs 11 and 13 hereof.
5: Compensation: So long as this Agreement is in effect, the CITY MANAGER shall receive the
following compensation:
(a) Salary: As compensation for the proper and satisfactory performance of all duties to be
performed by CITY MANAGER hereunder, the CITY shall pay to the CITY MANAGER
a base salary of $69,500 per year, beginning on May 1, 2002.
Beginning May 1, 2003 the CITY shall pay to the CITY MANAGER a base salary of
$75,000 per year.
Thereafter, beginning on May 1, 2004, and continuing on May 1, of each succeeding year,
the CITY MANAGER shall receive a salary increases based on the annual performance
review as described in Paragraphs 14 and 15 hereof.
(b) Automobile Allowance: The CITY shall provide to the CITY MANAGER an automobile
allowance in the amount of $400 per month. to reimburse the CITY MANAGER for the use
of his personal vehicle. When the demands of his position require the CITY MANAGER to
travel out of Flathead County, he shall be allowed to utilize the CITY'S fuel card.
(c) Term Life/Disability Insurance: The CITY agrees to pay annually a lump sum payment
equivalent to five percent of the total annual compensation package in lieu of providing term
life and/or disability insurance on or before May 15 of each year.
(d) Pension: The CITY shall contribute an amount equal to the Montana PERS rate of 14.41%
of the CITY MANAGER'S total annual cash compensation into a pension fund selected by
the CITY MANAGER annually.
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(e) Vacation: The CITY MANAGER shall accrue vacation leave benefits at a rate of twenty
working days per year.
(f) Holidays: The CITY MANAGER shall be entitled to the same paid holidays as are provided
to other CITY employees.
(g) Health Insurance: The CITY MANAGER shall be entitled to the same health insurance
benefits, including medical, dental and vision, as are provided to other CITY employees.
endants
,.....
(h) Sick Leave: The CITY MANAGER shall be entitled to the same number of days of paid sick
leave per year as is provided to other CITY employees and according to State law.
6. Memberships and Dues. The Employer agrees to budget and to pay for professional dues and
subscriptions of CITY MANAGER necessary for his continuation and full participation in
national, state and local associations and organizations necessary and desirable for his continued
professional participation growth and advancement, and for the good of the CITY, including but
not limited to CITY MANAGER'S membership in the International City Management
Association; the Montana City Management Association, Greater Open Spaces CityManagement
Association (GOSCMA), and the employer recognizes the desirability of representation in and
before local civic and other organizations and CITY MANAGER is authorized to become a
member of such civic clubs or organizations, for which CITY shall' pay all expenses and fees
related thereto.
7. Professional Development. CITY hereby agrees to budget for and to pay the travel and
subsistence expenses of CITY MANAGER for professional and official travel, meetings and
occasions adequate to continue the professional development of CITY MANAGER and to
adequately pursue necessary official functions for CITY, including but not limited to the annual
conference of International City Management Association, the Montana State League of Cities
and Towns and such other national, state and local government groups and committees thereof
which Employee serves as a member. CITY also agrees to pay for the travel and subsistence
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expenses of Employee for such short courses, institutes, and seminars that are necessary for
professional development and for the good of the CITY.
8. Reimbursement of Expenses: The CITY shall reimburse the CITY MANAGER for all actual and
necessary expenses incurred by the CITY MANAGER within the scope of employment and
while representing the CITY.
9. Indemnification: To the extent permitted by law, Employer shall defend, hold harmless and
indemnify CITY MANAGER against any tort, professional liability claim or demand or other
legal action, whether groundless or otherwise, arising out of an alleged actor omission occurring
in the performance of Employee's duties as CITY MANAGER. To the extent permitted by law,
CITY will compromise and settle any such claim or suit and pay the amount of any settlement
or judgment rendered thereon or vigorously contest any claim and pay any judgments therein.
10. Fidelity: The CITY shall bear the full cost of any fidelity and other bonds required of the
CITY MANAGER under State law or the Municipal Code.
11. Termination of Agreement by CITY: The parties acknowledge that the CITY MANAGER serves
at the pleasure of the City Council, and the CITY MANAGER and this Agreement may be
terminated, without cause, at the sole discretion of the City Council.
12. Severance Compensation: In the event that the CITY MANAGER is terminated by the City
Council; is asked to resign; the position abolished; or the CITY reduces CITY MANAGER'S
compensation benefit package unilaterally independent of a city-wide policy action; the CITY
shall pay to the CITY MANAGER severance compensation equal to six months total
compensation. Such severance compensation shall include one hundred percent (100%) value
of all accrued vacation and sick leave. At his discretion, the CITY MANAGER may elect to
receive said compensation in a lump sum or in bi-weekly installments. In addition, the CITY
agrees to provide CITY MANAGER and his dependants, health insurance at the same level as
at the time of termination for a period of six months. If the CITY MANAGER is re-employed
within the six month period, the CITY'S obligation for the health insurance immediately ceases.
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13. Termination of Agreement by CITY MANAGER: The CITY MANAGER may terminate this
Agreement by voluntary resigning from employment, provided that the CITY MANAGER gives
at least sixty (60) days prior notice in writing. In the event that the CITY MANAGER voluntarily
terminates this Agreement, he shall notbe entitled to any Jump sum severance compensation, but
shall be eligible to receive compensation for accrued vacation and sick leave, as provided by
State law.
14. Performance Objectives: On or prior to May 1 of each year, the CITY MANAGER shall meet
with the City Council to establish performance objectives for the next fiscal year. Performance
objectives shall be reduced to writing and shall be based upon the duties and responsibilities set
forth in this Agreement, and other criteria mutually agreed upon by the CITY MANAGER and
the City Council.
15. Review of Performance: On or prior to May 1, of each year, the City Council shall evaluate the
performance of the CITY MANAGER according to a format provided by the CITY MANAGER
and approved by the City Council.
16. Hours of Work: It is recognized that CITY MANAGER must devote a great deal of time outside
of normal office hours to business of CITY, and to that end CITY MANAGER will be allowed
to take compensatory time off as CTI'Y MANAGER shall reasonably deem appropriate during
said normal office hours.
17. Non-Assi nability: Neither this Agreement, nor any interest herein, shall be assigned or
transferred by either party.
18. Entire Agreement: This Agreement contains the entire agreement of the parties hereto, and
supercedes any prior written or oral agreements between them concerning the subject matter
contained herein. There are no representations, agreements, arrangements, or understandings,
oral or written, between the parties hereto relating to the subject matter contained in this
Agreement which are not fully expressed herein. The provisions of this Agreement may be
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waived, altered, amended or repealed in whole or in part only upon the written consent of all
parties to this Agreement.
19. Governing Law: The construction of this Agreement, and the rights and liabilities hereto, shall
be governed by the laws of the State of Montana.
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 not he
affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Kalispell has caused this agreement to be signed and executed
in its behalf by its Mayor and duly attested by its City Clerk, and CITY MANAGER has signed and
executed this agreement.
Mayor: Pamela B. Kennedy City Manager: Chris A. Kukulski
City Clerk: Theresa White
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