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Home My WebLink About5.465 Original Contract 5. J.fl.P5 ~. . ~ CITY MANAGER - CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT between the City of Port Angeles and the City Manager, Patrick M. Ibarra, is set forth to establish a basis for good working relationships, to avoid possible misunderstandings and to provide special benefits to the City Manager in recognition of the unique nature of his position and responsibilities. Unless otherwise set forth in this agreement, the terms and conditions of emploYment for the City Manager shall be the same as other employees of the City. In accordance with the provisions of Ch.35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general emploYment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of Ch.35A.13 RCW. SECTION I - Duties and Responsibilities The duties and responsibilities of the City Manager shall be in accordance with Ch.35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and such policies as shall be adopted from time to time by the City Council. The duties and responsi- bilities of the Manager shall include but not necessarily be limited to, the following list: 1. Be the chief administrative officer of the City and be responsible to the City Council for proper administration of all affairs of the City. 2. Attend all meetings of the City Council at which his attendance may be required by that body. - 1 - '\ 3. Appoint and remove at any time all department heads, officers and employees of the City, except members of the City Council, which appointment power shall be subj ect to any civil service law, rule or regulation as well as any emploYment agreements. 4. Recommend for adoption by the City Council such measures as he may deem necessary or expedient. 5. See that all laws, ordinances and policies of the City Council are faithfully executed, subject to the authority which the City Council may grant the Mayor to maintain law and order in times of emergency. 6. Prepare and submit to the City Council such reports as may be required by that body or as he may deem it advisable to submit. 7. Keep the City Council fully advised of the financial conditions of the City and its future needs. 8. Prepare and submit a preliminary or proposed budget; work with the Budget Committee in its analysis and review; and be responsible for its administration upon adoption. 9. Keep the public and Council informed through periodic reports to the Council on City operations. SECTION II - Sala~ The City Manager's beginning salary shall be $7,083.00 per month. The Council shall review the City Manager's performance as of December 31, 1998 and annually thereafter. During any annual performance evaluation, the Council may, at its discretion, increase the City Manager's salary by 2M to 5 percent. The City Manager may also receive any cost of living - 2 - adjustment received by the administrative management employees of the City during the period of this agreement. SECTION III - Hours of Work The minimum work week of the City Manager shall be forty (40) hours plus any additional work time reasonably required to discharge the duties and responsibilities of the office of City Manager. It is further recognized that as part of the job as City Manager, the Manager is required to maintain a publicly listed telephone within his home and maintain an office at home capable of handling reasonable off-hour business matters from members of the City Council and the public, relevant to the management affairs of the City. SECTION IV - Automobile Employer shall provide a car allowance of $300 per month to the City Manager, payable on or about the first day of each month. Said car allowance shall be intended to reimburse the Manager for local travel only, defined as travel within Clallam County. All travel outside of Clallam County shall be reimbursed at a cents per mile rate equal to the IRS allowable rate then in effect. SECTION V - Travel and Moving E~enses Employer shall pay directly for the expense of moving the City Manager's personal property from Maineville, Ohio to Port Angeles, Washington. Said moving expenses to include packing, moving, storage costs, unpacking and insurance charges. The City Manager agrees to secure at least two (2) bids from reputable moving companies for such services and shall use the lowest responsible bidder. Employer shall reimburse the Manager for actual lodging and meal expense in route from Maineville, Ohio to Port Angeles, Washington consistent with amounts set forth in the City's travel reimbursement policy. Mileage costs for moving one personal automobile shall be reimbursed at the current IRS allowable rate of 32.5 cents per mile. Employer shall reimburse the Manager for one round trip airfare for him prior to his starting date to assist with house hunting and other facets of the transition and relocation process. - 3 - The Manager shall be reimbursed for actual lodging, car rental and meal expense incurred by the Manager on a single trip conducted prior to relocation of the Manager. SECTION VI - Other Benefits The City Manager shall receive the same benefits relating to vacation, sick leave, holidays, insurance coverage, deferred paYment plans, etc., as enjoyed by City department heads and as defined in the ordinance which establishes these benefits (a copy of the current ordinance is attached) . For the first three years of the Manager's emploYment, the Manager will be allowed an additional 60 work days leave to be used only for sick leave in excess of one week after general leave has been exhausted and will not be factored into any cash-out at the time emploYment ends. The City Manager, under Washington State law, may withdraw from the Washington State Public Employees Retirement System (PERS). If the City Manager withdraws from PERS, the City agrees to contribute an amount equal to the PERS contribution to an alternate retirement program selected by the City Manager. SECTION VII - Professional Development To aid the City Manager in his professional development, the City agrees to budget and pay reasonable expenses for professional dues, subscriptions and travel required to participate in national, regional and state associations. SECTION VIII - Termination and Severance Pay In the event the City Manager is terminated or asked to resign by the City Council, the following provisions shall apply: 1. If the City Manager is terminated during the life of this agreement, the City agrees to pay the City Manager a lump sum cash paYment equal to four months' aggregate salary and the cash-out of accumulated leave as provided in Section VI. 2. In the event the City Manager is terminated because - 4 - .. . " of any illegal act, then, in that event, the City shall have no obligation to pay any of the aggregate sums designated in paragraph 1 of this Section. In the event the City Manager voluntarily resigns, the City is only obligated to pay accumulated leave and all other normal settlements employees receive as provided in Section VI. Voluntary resignation shall be by thirty (30) days advance notice in writing. SECTION IX - General provisions 1. The City Council shall fix any such terms and conditions of employment as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agree- ment. The City Manager shall receive all benefits provided general employees through City and State laws, including normal retire- ment, and may exceed these benefits when established by this agreement. 2. The City Manager shall be required to reside within the limits of the City of Port Angeles. 3. The text herein shall constitute the entire agreement between the parties. 4. This agreement shall be binding upon to the benefit of the heirs at executors of the City Manager. and inure law and 5. The City Manager's employment under this agreement shall become effective commencing July 27,1998, and shall continue in effect until December 31, 2001. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise this agreement shall be extended on the same terms and conditions for an additional two year period. - 5 - .. '," ,. ~ 6. If any prov1s1on contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this EmploYment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, and the CITY MANAGER has signed and executed this agreement, in duplicate this ~day of ~, 199Jl. CITY OF PORT ANGELES .hp~~.,UrWf\ CITY CL MAYOR~~~ 9:~E~'~~ ATTEST: A'\CMGREMP,AGR - 6 - Sent by: CITY OF MASON 15134598784; 06/16/98 6:46PM;~#484;Page 212 . . -Aeocei",ed: 6/Hli19a 15:3SPM; . " JUN-16-1998 14:52 FROM PA CITY An~EY CZTY OF MASON~ Page 7 TO 8-467198--5134599784 P.E27 .. . ' 6 . If any p%:,QVision contained ill this agreement is held to be invalid O~ unenforceable, ~he remainder of this agreement. 811all remain in t~l tg~ce ana effect. IN WITNSSS WBBa8OP. TBB CITY OF EOaT ANGELIS has caused. this _loyment AgreB1'Dent to be signed and executed by the Mayor at the dir.ction ot the Cicy council and attested to ~ the City ClerK, and t:he CITY MAI.'f.AGBR has 5igned a.n<l executed t.b.i1S &greet\\en~, iA c!up1icate chis _ day of ..._ . 199_ ern 01' PORT DnBLBS MAyOR GARY BRAUN A"l'TBST: CITY CLBRX GoivJ.. rv1. J))o1lN- CI'lY MANAG-ER I A.~-Ni& - 6 - TOTAl P.A? 5. </wS ~., SEVERANCE AGREEMENT This Severance Agreement is entered into the 29th day of April, 1999, between the City of Port Angeles and Patrick M. Ibarra, for the purpose of establishing the terms and conditions of Mr. Ibarra's resignation from his position as Port Angeles City Manager. REPRESENTATIONS 1. Patrick M. Ibarra has served as the City Manager of Port Angeles since July, 1998. 2. For various reasons primarily related to management style, the City Council has determined that it is appropriate to ask Mr. Ibarra to resign. 3. Under the Employment Agreement between the City and Mr. Ibarra, if the City Council asks him to resign, he is entitled to four months severance pay and accrued leave cash-out. 4. Under state law, as set forth in RCW 35A.13.130, city managers have certain rights before terminations become effective, including thirty days pay, a formal statement of reasons, and a public hearing. AGREEMENTS In consideration of the above Representations and the terms and conditions set forth below, the parties hereby agree as follows: 1. The City agrees to pay Mr. Ibarra compensation and benefits up through April 29, 1999, a lump sum payment equal to four months aggregate salary, including deferred compensation but not including car allowance, cash-out of accumulated leave as provided in the ordinance applicable to department heads, and an additional amount of $1 0,000, on or before May 7, 1999. 2. Mr. Ibarra agrees to waive any rights that he may have under state law to thirty days additional compensation, a formal statement of reasons, or a public hearing. Mr. Ibarra also agrees to release the City from any claims or causes of action that he may have against the City, its current or former officers, or employees, in any way related to his employment with, or resignation from, the City of Port Angeles. 3. Mr. Ibarra agrees to cooperate with the City, its officers, and employees in the transition to a new City Manager, including being available by telephone or other convenient method of communication for a four month period to discuss pending issues or other matters related to his administration of the City. Mr. Ibarra also agrees that within twenty-four hours of the execution of this agreement he will return all items belonging to the City of Port Angeles, including but not limited to keys, public documents, publications, computers, and other equipment. - 1 - . - ,~ 4. Mr. Ibarra does not agree to waive any rights he may have to unemployment compensation, and the City agrees not to contest or challenge Mr. Ibarra's application or eligibility for unemployment compensation benefits. 5. Both parties agree that, upon written request to the City's Human Resources Office for references or recommendations on behalf of Mr. Ibarra, the City's statement shall be as follows: On April 29, 1999, by mutual agreement Patrick Ibarra resigned as Port Angeles City Manager and the City Council accepted his resignation. During his tenure, Mr. Ibarra accomplished or instituted a number of enhancements that will benefit the City, including the City's first economic development program. The City Council wishes Mr. Ibarra well in his future endeavors. 6. Mr. Ibarra represents that he has carefully read, knows the contents of, and fully understands the terms of this Severance Agreement. Mr. Ibarra represents that he signs this Agreement freely and voluntarily, and accepts the terms of the Agreement for purposes of making a full compromise and settlement of all claims and potential claims. Mr. Ibarra acknowledges that he has been afforded the opportunity to consult with an attorney of his choice concerning this Severance Agreement and has done so. 7. This Severance Agreement contains the entire agreement between the parties, and its provisions are to be construed in accordance with Washington law. Venue for any lawsuit related to this Severance Agreement shall be in Clallam County, Washington. IN WITNESS WHEREOF, the City of Port Angeles has caused the Severance Agreement to be signed and executed by the Mayor at the direction of the City Council, and Patrick M. Ibarra has signed and executed this agreement, in duplicate this 29th day of April, 1999. CITY OF PORT ANGELES PATRICKM.ffiARRA (\ ~~~ Mayor pary Br n Q~ J2b--- ATTEST: b~~. ).~ CIty Clerk , - AP(ZED AS TO FORM: <xJ~ City Attorney \ \ I 4 , C IOFFlCElWPWINIWmOCS\IBARRAAGR "- \ ' " - - 2 -