Employment Agreement County Administrator County of Wabasha Introduction

This Agreement is made and entered into this 14th day of January, 2014, by and between the County of Wabasha, Minnesota, (hereinafter called "County") and Michael Plante; (hereinafter called "Mr. Plante") both of whom agree as follows:

Section 1: Term
This agreement shall remain in full force and effect from the above-referenced date until terminated by the County or Mr. Plante as provided in Section 9 or 10 of this agreement.

Section 2: Duties and Authority

The County agrees to employ Mr. Plante as Interim County Administrator to perform the functions and duties specified in the County's job description, as required by County policies and Minnesota Statutes, and at the direction of the County Board. In the event the County Board decides to make the interim position a permanent one, the County agrees to retain Mr. Plante as County Administrator and Mr. Plante agrees to continue in the permanent position under the same terms and conditions contained herein.

Section 3: Compensation
The County agrees to pay Mr. Plante an annual salary of $84,605.04, which represents Step 3 of the salary grid for this position. Wages will be payable in installments at the same time and in the same manner that the other management employees of the County are paid. The County agrees to provide step and cost of living increases in the compensation of Mr. Plante, consistent with the average increase of other employees of the County and based on the results of the performance evaluations conducted under the provisions of Section 11 of this Agreement. There currently are a total of 10 steps in the compensation plan.

Section 4: Health, Disability and Life Insurance Benefits

Mr. Plante shall receive health, dental, life insurance, and any other benefits at the same time and in the same manner as provided to other County employees.

Section 5A: Vacation Time

Mr. Plante shall retain all accrued and unused vacation time earned during his tenure as Assistant County Attorney and shall continue to accrue vacation time without interruption upon commencement of his employment as Interim County Administrator. Mr. Plante shall accrue vacation time at the rate of 4.62 hours. Increases in the amount of accrual shall be consistent with the County's Personnel Policy each year thereafter based on Mr. Plante's original hire date.

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Section 5B: Sick Time Mr. Plante shall retain all accrued and unused sick time earned during his tenure as Assistant County Attorney and shall continue to accrue sick time without interruption upon commencement of his employment as Interim County Administrator. Mr. Plante shall accrue sick time at the rate of all other County employees expected to work 40 hours per week. Section 6: Retirement
The County agrees to enroll Mr. Plante into the Minnesota PERA system.

Section 8: General Business Expenses Dues and Subscriptions

The County shall budget for and pay, up to the amount budgeted, membership dues and tuition which are deemed reasonable and necessary for Mr. Plante's participation in national, regional, state and local associations that are necessary or desirable for Mr. Plante's professional development in county administration. This shall include, but not be limited to, the International City/County Managers Association (lCMA), the Minnesota City/County Managers Association (MCMA), the Minnesota Association of County Administrators, and Minnesota Continuing Legal Education. Mr. Plante will be allowed to attend and participate in meetings and events sponsored by these organizations and seek reimbursement from the County for associated expenses.

Technology
Mr. Plante agrees to make his phone available for County business when he is away from the office at no additional cost to the County. Other reasonable technology related items that Mr. Plante may need, such as tablets, computers, and special software must be approved and provided by the County Board.

Section 9: Term of Employment

Mr. Plante's employment shall be for a one year period commencing on April 1, 2014, or when the County hires a replacement Assistant County Attorney, whichever occurs first. This contract shall automatically become a contract of indefinite term should Mr. Plante's performance review scheduled for October of2014 be deemed satisfactory in the determination of the County and Mr. Plante. In the event that Mr. Plante is terminated or the initial contract expires and Mr. Plante is willing and able to perform the duties of Interim County Administrator or County Administrator, the County agrees to pay Mr. Plante at the time of receipt of his last pay check, an additional lump sum cash payment equal to four (4) months' aggregate salary. The severance amount shall increase by one month's salary for each two years of service, or fraction thereof, until a maximum severance of six (6) months' aggregate salary is reached. Mr. Plante also shall be compensated for all accrued and unused vacation time and sick leave in accordance with the County's Personnel Policy. Mr. Plante is deemed to have completed his probationary period and his total compensation for vacation time and sick leave shall be deemed vested because he has been a County employee for more than three (3) years as of the date of this contact. Severance
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shall not include any pension contributions, insurance contributions, or other compensation of any kind other than those items listed in this section. Additionally, if any Court issues any decisions related to the County's form of governance, or acts to amend any provisions of the State statutes or to enable legislation pertaining to the role, powers, duties, authority, and responsibilities of Mr. Plante's position that substantially change the form of government, the County shall transfer Mr. Plante to a like job classification, as determined by the County, under the same terms and conditions of this agreement. Furthermore, in the event that the initial appointment of Interim County Administrator is not extended to a permanent position at the initial review period, the County agrees to transfer Mr. Plante to a like job classification, as determined acceptable by the County and Mr. Plante, under the same terms and conditions this contract. In the event Mr. Plante is terminated because of malfeasance or misfeasance in office, gross misconduct, conviction of a felony, or conviction of an illegal act involving personal gain to Mr. Plante, then the County shall have no obligation to pay the termination benefits.

Section 10: Resignation or Retirement

In the event that Mr. Plante voluntarily resigns his position with the County, Mr. Plante shall provide a minimum of 45 days' notice unless the parties agree otherwise. In the event Mr. Plante retires in good standing from the County, he shall be entitled to the same retirement benefits as county employees.

Section 11: Performance Evaluation

The County shall review Mr. Plante's job performance in October of2014 and then annually thereafter. The review shall be subject to an objective process based on goals and measureable criteria mutually agreed upon by the County and Mr. Plante. Should Mr. Plante's initial performance review be deemed satisfactory in the determination of the County Board Chair and Mr. Plante, this contract shall automatically become a contract of indefinite term subject to the provisions of this agreement. In the event the County Board fails to perform the initial performance review the County agrees to retain Mr. Plante as County Administrator and Mr. Plante agrees to continue in the permanent position under the same terms and conditions contained herein.

Section 13: Hours of Work

It is recognized that Mr. Plante must devote a great deal of time outside the normal office hours on business for the County. To that end, Mr. Plante shall be allowed to establish an appropriate work schedule.

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Section 14: Outside Activities

The employment provided for by this Agreement shall be Mr. Plante's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the County and the community, Mr. Plante may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not interfere with or be a conflict of interest with his responsibilities under this Agreement. Any such activities shall be permitted at the sole discretion ofthe Board.

Section 15: General Conditions of Employment

Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the County to terminate the services of Mr. Plante at any time for cause, subject only to the provisions of this Agreement and statutory requirements, it being understood and agreed that progressive discipline measures as outlined in the County personnel policy shall apply with full force and effect for Mr. Plante as they would to any other County employee. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Mr. Plante to resign at any time from his position with the County, subject only to the provisions of this Agreement.

Section 16: Agreement Amendments

The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement by reference.

Section 17: Indemnification

Beyond that required under Federal, State or Local Law, the County shall defend, save harmless and indemnify Mr. Plante against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Mr. Plante's duties as a County employee or resulting from the exercise of judgment or discretion in connection with the performance of his duties or responsibilities. Mr. Plante may request, and the County shall not unreasonably refuse to provide, independent legal representation at the County's expense and the County may not unreasonably withhold approval. Legal representation, provided by the County for Mr. Plante, shall extend until a final determination of the legal action, including any appeals brought by either party. The County shall indemnify Mr. Plante against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by Mr. Plante in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties as a County employee. These provisions include coverage during times that Mr. Plante was an Assistant County Attorney. Any settlement of any claim must be made with prior approval of the County in order for indemnification, as provided in this Section, to be available. Mr. Plante recognizes that the County shall have the right to compromise and settle any claim or suit unless Mr. Plante is a
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party to the suit in his personal capacity. Further, the County agrees to pay all reasonable litigation expenses of Mr. Plante throughout the pendency of any litigation to which Mr. Plante is a party, witness or advisor to the County. Such expense payments shall continue beyond Mr. Plante's service to the County as long as litigation is pending. Further, the County agrees to pay Mr. Plante reasonable consulting fees and travel expenses when Mr. Plante serves as a witness, advisor or consultant to County regarding pending litigation. Section 18: Personnel Policy Except where specifically abridged or modified by this Agreement, the County's personnel policies as set forth in the County's Personnel Policy Manual shall apply to Mr. Plante.

Section 19: Miscellaneous

This Agreement shall be governed and construed in accordance with the substantive and procedural laws of the State of Minnesota. This Agreement sets forth the entire agreement of the parties and supersedes and renders null and void any and all prior or contemporaneous oral or written understandings, statements, representations or promises. There are no other oral or written agreements between the parties. If any provision of this Agreement is later deemed unenforceable, the remaining provisions shall continue to be binding, and the court making such a determination shall also have the limited authority to modify any clause solely in order to render the provision valid under applicable law.

IN WITNESS WHEREOF, The County of Wabasha has caused this Agreement to be signed and executed on its behalf by its Board representative and Mr. Plante has signed this Agreement, in duplicate, the day and year first written above.

COUNTY: COUNTY OF WABASHA BY: ________________________ Its Board Chair AND Its Board Clerk

Michael Plante

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