Loading...
HomeMy WebLinkAbout5.924 Original Contract \ 5. q~<I . CITY MANAGER - CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into by and between the City of Port Angeles (hereinafter called "Employer") and Kent Myers (hereinafter called "Employee") is set forth to set terms of employment to establish a basis for good working relationships, and to avoid possible misunderstandings. Recognizing the indefinite term of office required by state law, it is nonetheless the intent ofthis agreement to provide general employment conditions for the period ofthis agreement unless terminated earlier in accordance with the provisions of this agreement and ofCh.35A.13 RCW. Section I - Term: A. This agreement shall be effective commencing January 12,2009. B. The parties recognize and acknowledge that, in accordance with the provisions ofCh.35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by the City Council at any time. There is no fixed term of employment. While recognizing that, the parties intend to establish by this agreement the terms and conditions for employment of the Employee as City Manager of the City of Port Angeles. Section II - Duties and Responsibilities: The Employee shall fulfill and carry out all the duties and responsibilities of City Manager in accordance with Ch.35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and all policies adopted by the City Council. Section III - Salary: A. Effective on the date of employment, the Employee's annual salary shall be $150,000.00. Employee will be paid in accordance with the normal and usual payroll procedures for employees of the City. B. Subsequent salary adjustments shall be based on annual satisfactory evaluation of Manager' s performance by the City Council. Section IV -Hours of Work: The minimum work week of the Employee shall be forty (40) hours. The Employer expects that the Employee, in order to discharge the duties and responsibilities of the position of City Manager, necessarily will devote to the job a great deal of time beyond forty hours per week. Section V - Outside Activities: The employment provided for by this Agreement shall be the Employee's sole employment. The Employee may hold or accept outside employment only if such -1- ~ ~ outside employment is first approved in advance by the City Council and if there is no interference or conflict of interest with the responsibilities under this Agreement. For purposes of this section, outside employment includes outside positions, such as board memberships, directorships, or similar appointments, even if no compensation is paid. Section VI - Benefits: In addition to annual salary, the Employee shall be entitled to the following benefits, and none others. A. General Leave: Effective with the employment date, Employee will be credited with 80 hours of General Leave. Employee will earn 30 days of general leave per year. Employee will be paid off in full for any accrued General Leave upon leaving City service. B. Medical. Dental and Vision Insurance: The Employee shall receive medical, dental and vision insurance benefits comparable to Department Heads. C. Life Insurance: Term life insurance with no cash value equal to $50,000. D. Long Term Disability Insurance: Paid in full by City for employee. E. Retirement Plan: Either (1) Employee becomes a member of the State PERS or (2) Employee opts not to participate in PERS and the City contributes the equivalent contribution percentage into the ICMA 401 account. The Employee and employer contribute the equivalent of the PERS percent, which is currently 5.54% Employee and 8.31 % employer. This percentage changes from time to time as determined by the State. Employer and Employee contribute into Social Security. F. Miscellaneous Benefits: Employee will receive the same holidays, bereavement leave, jury duty, and EAP benefits as provided to Department Directors. G. Relocation Expenses: City shall reimburse the Employee for actual cost of relocation, not to exceed $17,000, upon presentation of proper receipts. The Employee shall be reimbursed for lodging expenses incurred by the employee during the period beginning when he completes moving to Port Angeles and ending when he occupies his permanent residence. The amount of this reimbursement shall not exceed the lesser of (1) $1,000 or (2) the amount actually incurred for lodging. The Employee shall be reimbursed for the travel expenses, not to exceed $2,000, incurred in one trip to Port Angeles for the purpose of finding and purchasing a residence. H. Membership Dues: The City will pay membership dues for ICMA and WCCMA. -2 - \, I. Training and Professional Development: The City will pay for and/or reimburse for attending professional development opportunities such as the Annual ICMA Conference, WCCMA Conferences or other relevant conferences and training sessions. Section VII - Termination: A. Employee acknowledges that he is an "at will" employee and may be terminated by the City and at any time without cause. B. At the request of the Employer, the Employee shall upon termination or resignation cooperate in the transition of a new city manager. C. In the event that the Employee voluntarily resigns his position as City Manager, the Employee shall provide a minimum of thirty (30) days written notice, unless the parties agree otherwise. D. Severance shall be paid to the Employee when employment is terminated as follows: In the event the City elects to terminate the Employee for any reason other than "cause," the Employee will receive six months salary and continued health benefits including medical, dental, and vision, payable on regular City pay days commencing on the date of termination. The City's obligation to pay such salary and benefits will terminate ifthe Employee accepts any other employment with the City or with another employer. For purposes of this Agreement, "cause" for termination shall include failure to fully comply with or fully perform all duties and responsibilities of the Employee in accordance with this agreement, the laws of the State of Washington and as directed by City Council. In the event the Employee is terminated because of any illegal act, the City shall have no obligation to provide any severance. Section VIII - Other Provisions: A. The City Council may direct the performance of the Employee from time to time, provided that such terms and conditions are not inconsistent or in conflict with the provisions ofthis Agreement. B. The Employee shall reside inside the City boundaries. C. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. D. The text herein shall constitute the entire agreement between the parties. E. This Agreement shall be binding upon and inure to the benefit of the heirs and executors of the Employee. -3- " . F. Employee shall maintain a publicly-listed telephone within his 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. G. The Council shall review the Employee's performance after the first six months of employment. Thereafter, Council shall conduct an annual evaluation to be completed in December each year. 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 b)h the City Clerk, and the EMPLOYEE has signed and executed this agreement, in duplicate this ~ay of December, 2008. CITY OF PORT ANGELES .Y ,'a ~.v ~_ GARY BRA , MA YOre ATTEST: Ao~~.J~1\ BECKY J. , CIT CLERK zrPR VED AS T.,O FO~/./ /'1 ( ~. //~ ~__ /~ _ 2.. !/~ WILLIAM E. BLOOR, CITY ATTORNEY G lLegal_BackupIAGREEMENTS&CONTRACTS\2008 Agmls&Conlracls\CIlY Manager 09 Myers Conlracl120808 wpd '. -4-