R-21-16VILLAGE OF DEERFIELD
RESOLUTION NO. 2021- R-21-16
A RESOLUTION APPROVING A VILLAGE MANAGER EMPLOYMENT
AGREEMENT AND AUTHORIZING THE SUBORDINATION OF A LOAN
WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, Kent Street ("Street' has served as Village Manager for the Village
since 2007 and desires to continue to serve as Village Manager; and
WHEREAS, Village President Dan Shapiro has re -appointed Street as Village
Manager, and the Village Board consents to the re -appointment, and desires to continue to
retain Street as the Village Manager under the terms, provisions, and conditions set forth in
an employment agreement ("Agreement's; and
WHEREAS, pursuant to the Village's prior employment agreement and the
Agreement, the Village has extended a $100,000 loan to Street to purchase a residence as
part of is compensation package ("Loan'; and
WHEREAS, pursuant to the Agreement, the Loan is forgiven as part of Street's
compensation so long as he continues to be employed by the Village; and
WHEREAS, provided that Street is employed through the end of June 2021, the Loan
will be fully forgiven by the end of June 2021; and
WHEREAS, the Village Board finds it is appropriate to subordinate the Loan to any
mortgages Street desires to obtain for the Property, otherwise he is likely to be unable to
obtain a mortgage for the Property; and
WHEREAS, in the exercise of the Village's home rule powers, the Village Board
desires to have Street continue his service as Village Manager under the terms and
conditions of the Agreement; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to approve the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF RE -APPOINTMENT AND AGREEMENT. The
Village Board hereby approves (a) the re -appointment of Street as Village Manager and (b)
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the Agreement by and between the Village and Village Manager Street in the form attached
to this Resolution as Exhibit A.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Village
Board hereby authorizes and directs the Village President and the Village Clerk to execute,
on behalf of the Village, the Agreement.
SECTION 4: SUBORDINATION OF LOAN. The Village Board hereby authorizes
the subordination of the Loan to any mortgages taken out against the Property and
authorizes the Village President to sign any documents necessary to effectuate this
subordination.
SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Sciden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: June 7, 2021
APPROVED: June 8, 2021
RESOLUTION NO: R-21-16
Daniel C. Shapiro, Mayor
ATTEST•
Kent S. Street, Village Clerk
{00120802.1 }
EXHIBIT A
Agreement
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VILLAGE OF DEERFIELD
RESOLUTION NO. 2020- R-20-2
A RESOLUTION APPROVING A RESTATED
VILLAGE MANAGER EMPLOYMENT AGREEMENT
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970;
and
WHEREAS, Kent Street has served as Village Manager for the Village since 2007;
and
WHEREAS, Kent Street desires to continue to serve as Village Manager under the
terms and conditions of the Restated Village Manager Employment Agreement (the
"Restated Agreement') attached to this Resolution as Exhibit A; and
WHEREAS, in the exercise of the Village's home rule powers, the Village Board
desires to have Kent Street continue his service as Village Manager under the terms and
conditions of the Restated Agreement; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to approve the Restated Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals
as its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves
the Restated Agreement by and between the Village and Village Manager Kent Street in
the form attached to this Resolution as Exhibit A.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Village
Board hereby authorizes and directs the Village President and the Village Clerk to execute,
on behalf of the Village, the Restated Agreement.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: January21, 2020
APPROVED: January 22, 2020
RESOLUTION NO: R-20-2
Harriet Rosenthal, Mayor
ATTEST:
ti
Kent S. Street, Village Clerk
RESTATED VILLAGE MANAGER
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this c� 1 day of January 2020 by and
between the Village of Deerfield, an Illinois home rule municipal corporation, (hereinafter
referred to as the "Village") and Kent S. Street, (hereinafter referred to as the `Employee"). This
Agreement supersedes all previous employment agreements between the Village and the
Employee
RECITALS
A. The Employee has been, and is, serving the Village as Village Manager, and the
Village, in the exercise of the Village's home rule power, desires to have the Employee continue
to serve the Village as Village Manager under the terms and conditions of this Agreement.
B. The Employee desires to continue as Village Manager under the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, terms, conditions and
agreements hereinafter set forth, the parties agree as follows:
Employment and Duties.
1.1 The Employee's initial start date as Village Manager was September 17, 2007.
This Agreement is effective as of January L�_, 2020. The Employee and the Village agree that
the terms and conditions of the Employee's employment as Village Manager are set forth in this
Agreement.
1.2 The Employee shall perform all duties of the Village Manager as set forth in the
ordinances of the Village and the statutes of the State of Illinois and such other duties and
functions, not inconsistent therewith as may be assigned to him from time to time by the Village
President and Board of Trustees.
1.3 The Employee shall work exclusively for the Village and shall diligently utilize
his best efforts in the performance of services and duties under this Agreement. The Employee
shall devote his entire business time, attention and energies to the performance of the services
and duties hereunder and shall not, without the prior written consent of the Village President and
Board of Trustees engage actively (as opposed to passively) in any income or profit -generating
activities.
2. Term of Agreement.
2.1 The Employee shall serve at the pleasure of the Village. Nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of the Village to terminate the
employment of the Employee at any time subject only to the provisions set forth herein.
2.2 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Employee to resign at any time from his position as Village Manager, subject only to the
provisions set forth herein.
3. Termination Resignation and Severance Pa .
3.1 In the event the Village, without cause, fails to retain the Employee or otherwise
terminates the employment of the Employee, the Village agrees to pay the Employee a severance
payment equal to six months base salary, provided that no such payment shall be due to the
Employee if termination of his employment is for cause. For purposes of this Agreement,
"cause" means (i) conviction or a plea of nolo contendere of an offense damaging the integrity or
reputation of the Village, (ii) a finding by a court of any malfeasance or misconduct under the
statutes and laws of the State of Illinois regardless of whether that conduct requires removal from
office, or (iii) failure to perform the Employee's duties under this Agreement.
The Village shall provide the Employee written notice of its intent to terminate this Agreement
pursuant to Section 3.1(iii) setting forth the conduct of the Employee which gives rise to his
termination. The notice shall provide the Employee with not less than 10 days to request a
meeting with the Village (the Mayor, a committee of the Board of Trustees, or other designated
representative) to give the Employee an opportunity to respond to the conduct cited by the
Village as grounds for his termination and, in the sole discretion of the Village, to discuss curing
that conduct.
3.2 In the event the Employee voluntarily resigns, he shall give the Village three
months advance written notice of his resignation and the termination of this Agreement.
3.3 If the Employee is permanently disabled or is otherwise unable to perform his
duties because of personal sickness, accident, injury, mental incapacity, or health status for a
period of three successive weeks, or for 15 working days over a 30-working-day period, beyond
any accrued sick leave, the Village shall have the option to terminate this Agreement subject to
the severance pay requirements set forth in paragraph 3.1 hereof. Notwithstanding the foregoing,
no severance pay benefit shall be due to the Employee if the medical condition which subjects
Employee to the termination of this Agreement qualifies him for long term disability benefits
pursuant to any plan sponsored or paid for by Village.
3.4 In the event this Agreement is terminated with or without cause as provided in
this Section 3, the Employee shall be compensated for any accrued and unused sick leave,
vacation leave, holidays and other accrued benefits.
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4. Employee Salary. Effective January 1, 2020, the Village will pay the Employee
(i) a base salary of $238,701.00, payable in installments at the same time as other employees of
the Village are paid, and which shall be adjusted from time to time as the parties may agree and
(ii) a $3,000.00 to the ICMA Deferred Compensation Plan. Consideration shall be given by the
Village on an annual basis, following a review of the Employee's performance, to increases or
changes in the Employee's compensation.
5. Em lovee Insurance and Leave Benefits. Except as provided below, the
Employee shall receive all employee benefits and privileges (such as Health and Life Insurance,
Illinois Municipal Retirement Plan, Vacations, Sick Leave, etc.) enjoyed by other regular
supervisory employees of the Village from time to time.
5.1 The Employee shall be entitled to four weeks of paid vacation leave per calendar
year.
5.2 The Employee shall have 12 days of paid sick leave plus all of his accrued sick
leave days, per Village policy.
5.3 The Employee shall have group health insurance coverage.
6. Automobile. The Employee is required to be on call for 24-hours service, seven
days per week, and therefore the Employee will have the use of a Village vehicle for Village
business as well as the Employee's private use during the term of this Agreement. The Employee
shall be responsible for the taxable value and benefit of any personal use attributed to a Village
vehicle. The Village shall be responsible for the costs of maintaining, repairing, and operating
the vehicle.
7. Other Business Expenses. The Employee shall be entitled to reimbursement of
all necessary and reasonable expenses incurred by him in the performance of his professional
duties and responsibilities under this Agreement, subject to the presentation of appropriate
expense vouchers and supporting materials in accordance with all applicable Village rules and
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policies and subject to review and approval by the Village. This includes membership in the
Deerfield Rotary Club. The Village shall reimburse the Employee for the reasonable cost and
expense of travel outside the Chicago metropolitan area related to Village business in accordance
with Village policy for management employees.
8. Professional Development. In order to maintain the Employee's professional
standing and continued education, the Village agrees to pay the reasonable cost of the
Employee's dues in professional municipal management associations and other reasonable and
mutually agreed expenses of professional development.
9. Relocation and Villa a Residency.
9.1 The Employee shall continue to reside within the Village during his term of
employment as Village Manager.
9.2 In consideration of the Employee's efforts in relocating his residence into the
Village and in recognition of the cost of appropriate housing in the Deerfield market, the Village
loaned the Employee the sum of $100,000.00 (the "Loan") for a portion of the purchase price of
a residence purchased by the Employee within the Village (the "Deerfield Residence"). Except as
provided herein, the Loan is without interest. The Loan is evidenced by a promissory note (the
"Note"). The Loan is secured by a second mortgage on the Deerfield Residence (the "Second
Mortgage"). The Village does hereby, and shall, acknowledge that the Second Mortgage is
subordinate to the Employee's first mortgage, and any subsequent mortgage, on the Deerfield
Residence.
9.3 The Employee shall not suffer or permit any mortgage on the Deerfield Residence
to be in default.
9.4 The Loan shall be due and payable upon the transfer by the Employee and/or co-
owner of their interest in the Deerfield Residence or within 90 days of the date of termination of
the Employee's employment as the Village Manager, whether voluntary or involuntary, with or
without cause.
9.5 The Loan shall not bear interest except in the event of a default by the Employee
and/or any co-owner under the Note or the Second Mortgage, in which event the principal
amount of the Loan shall bear interest at the rate of 9% per annum from the date of the default.
In the event of default, the Employee agrees to pay the Village's costs of collection, including
reasonable attorneys' fees.
9.6 The Village determined, and the Village hereby confirms that the Village will
continue to forgive 10 percent of the current Loan value annually in June.
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9.7 The provisions of this Paragraph 9 shall survive the expiration or termination of
this Agreement.
10. ICMA Code of Ethics. Inasmuch as the Employee is an active member and
participant in the ICMA, the "Code of Ethics" promulgated by ICMA is incorporated herein and
made part hereof by this reference. It is agreed that the Code of Ethics shall furnish principles to
govern the Employee's conduct and actions as Village Manager. The Employee further agrees
that confidential information he acquires during the course of his employment as Village
Manager shall remain and be kept confidential following the termination of his employment.
11. General Provisions. This Agreement constitutes the entire agreement between
the parties and it shall be binding upon and inure to the benefit of the heirs, executors,
successors, and assigns of the parties. This Agreement may only be amended by written
instrument executed by both parties and each provision hereof shall be deemed severable. This
Agreement shall be construed under the laws of the State of Illinois.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
Village of�Deerfield:
By:
President, Village of Deerfield
ATTEST:
4- fuf Village perk {
5
Employee:
By:
Aenttreet