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97-29 Resolution No. 97-29 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH JAMES VOGT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an employment agreement on behalf of the City of Elgin with James Vogt for his services as Head Golf Professional, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly • Kevin Kelly, Mayor Presented: January 22, 1997 Adopted: January 22, 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EMPLOYMENT AGREEMENT `` THIS AGREEMENT is made and entered into this e day of JRNUAR , 1997 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City) , and James Vogt (hereinafter referred to as "Vogt" ) . WHEREAS, City has determined it to be in City' s best interests to employ Vogt in the position of Head Golf Professional during the term of this agreement; and WHEREAS, Vogt desires to accept appointment to the position of Head Golf Professional of City upon certain terms and conditions . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . Vogt shall be employed by City and shall act in the position of Head Golf Professional for City. 2 . Vogt shall reasonably and to the best of his abilities, perform those duties enumerated on Attachment "A" , which is attached hereto and made a part hereof. 3. City shall pay to Vogt a salary of Twenty-Five Thousand Seven Hundred Fifty Dollars ( $25, 750) in equal biweekly installments for his services during the term of this agreement, which shall consist of a period of fifty (50) weeks . Vogt' s first payment installment shall be paid to Vogt on or about January 13, 1997 . Vogt' s final installment shall be paid to Vogt on or about December 29, 1997 . 4 . Vogt shall be entitled to retain any funds received by Vogt for providing golf lessons to members of the general public (both individual and group except for junior lessons) . Such retained lesson funds shall not be construed to constitute payment of salary or other benefit by City for any purpose. 5 . City shall provide a benefit package to Vogt which shall consist of enrollment in the Illinois Municipal Retirement Fund ( including Social Security and Medical Insurance) upon such terms as are customary for other City employees in similar employment positions; one day off of work each week; and vehicle mileage reimbursement upon such terms as are customary for all other City employees . 6 . Vogt shall be governed by City' s personnel rules and regulations to the extent such rules and regulations do not conflict with the terms of this agreement. In the event of such conflict, the terms of this agreement shall control. 7 . This agreement shall expire on December 29, 1997, unless otherwise terminated by law or as provided herein. This agreement may be terminated by either party hereto for any reason upon fourteen ( 14 ) days written notice. Nothing contained herein shall be construed so as to create anything other than an at-will employment agreement. 8. This agreement shall not be construed so as to create a joint venture or other partnership relationship between the parties hereto. 9 . This agreement shall be subject to and governed by the laws of the State of Illinois . In the event either party attempts to enforce any of the provisions of this agreement, it is agreed between the parties hereto that venue for the resolution of any such enforcement attempt or other resolution shall be in the Circuit Court of Kane County, Illinois . 10 . Vogt shall hold harmless and indemnify City from and against any and all causes of action, claims for damages, suits and any and all other liability, including but not limited to reasonable attorney's fees, arising out of, or in connection with, or alleged to arise out of or in connection with, Vogt' s negligent performance of the terms of this agreement. 11 . The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. EXECUTED Attest: • he City: rtj--4-11-N---(-( /N5--u��� 4 �� Dolonna Mecum Robert 0. Malm City Clerk Interim City Manager j Hea• Golf Prof s- ional I/► ' \ A J-.mes Vogt -2- OF Ci `� Agenda Item No. City of Elgin January 2, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Employment Agreement for Head Golf Professional PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider renewing the employment agreement with Jim Vogt as the Head Golf Professional. BACKGROUND Jim Vogt has been the Head Golf Professional for the City of eft- Elgin since February, 1996. His responsibilities include merchandising, daily financial oversight of clubhouse conces- sion and course fee sales, lesson instruction and overall • day-to-day operations of Spartan Meadows Golf Course. The Head Golf Professional is a contracted City of Elgin employee and reports directly to Golf Administrator Jeff Grubb. The per annum base salary for the Head Golf Professional is $25,750 for a period of 50 weeks, an increase of 3% from last year's fee. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The salary of $25,750 for the Head Golf Professional position is included within the Golf Fund's 1997 budget, account number 540-5801-775.01-01, regular employee earnings. LEGAL IMPACT None. ALTERNATIVES None. Employment Agreement for Head Golf Professional January 2, 1997 em- Page 2 RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the employment agreement of Jim Vogt as Head Golf Professional . Respectfully submitted, 7ne vuco i mak, Monica Bates, Director Par and Recreation Department -4O 'o• -rt 0. Malm Interim City Manager kb Attachment •