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HomeMy WebLinkAbout000493 Original Contract City of Port Angeles Record #000493 CITY MANAGER CITY COUNCIL EMPLOYMENT AGREEMENT DAN MCKEEN THIS EMPLOYMENT AGREEMENT is made by and between the City of Port Angeles "the City") and Dan McKeen "the Employee This is intended to establish a basis for good working relationships, to avoid possible misunderstandings, and to provide special benefits to the Employee in recognition of the unique nature of his position and responsibilities. SECTION I Appointment In accordance with and subject to the provisions of Ch.35A.13 RCW, and effective as of the date of this agreement, the Employee is hereby appointed to the the City Manager of the City Council for an indefinite term of office. It is the intent of this agreement to provide the general terms and conditions of employment for the duration of the Employee's service as City Manager. SECTION II Duties and Responsibilities The Employee shall fulfill and carry out all duties and responsibilities of the City Manager imposed in Ch.35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and all policies adopted by the City Council. Without limiting the duties and responsibilities imposed under the preceding paragraph, the City expects the Employee to perform the following functions and duties: 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. 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 subject 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. 1 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. 10. Be involved in local civic clubs and organizations and report to the City Council annually regarding clubs and organizations in which the Employee participates. City shall reimburse Employee for meals during such participation. SECTION III Salary 1. The Employee's beginning salary shall be $135,000.00 per year. 2. The Employee shall receive the same cost -of- living increases as the City Council establishes for other management personnel of the City. 3. The Council shall review the Employee's performance six months after he begins his employment as City Manager. Thereafter, the Council shall review the Employee's performance prior to December 31" of each year and, following such performance review, may approve an appropriate merit -based salary adjustment. Said review and evaluation shall be in accordance with specific criteria developed jointly by the Council and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. SECTION IV Hours of Work The minimum work week of the Employee shall be forty (40) hours plus any additional work time reasonably required to discharge the duties and responsibilities of the office of City Manager. SECTION V Automobile City shall provide a car allowance of $375.00 per month to the Employee, payable on or about the first payday of each month in addition to Employee's other salary and benefits provided. Said car allowance shall be intended to reimburse the Employee for local travel only, defined as travel within Clallam County. All travel for City business outside of Clallam County shall be 2 reimbursed at a cents per -mile rate equal to the IRS allowable rate then in effect. The Employee shall be responsible for purchasing and maintaining vehicle and liability, property damage, and comprehensive insurance coverage upon such vehicle. SECTION VI Cellular phone and other devices. The City shall provide a cellular phone and other technological devices necessary for the City Manager to perform his duties efficiently. Any costs exceeding the City provided allowance plan will be reimbursed to the City by the City Manager. The Employee will be required to execute a reimbursement agreement with the City to provide reimbursement in a timely manner. In the event the Employee fails to reimburse timely, the additional costs will be deducted from his paycheck. SECTION VII Residence Outside of City The parties recognize that the City Manager is expected to reside inside the City. The parties also acknowledge that the Employee currently resides outside the City, and in the current economic recession it would create a significant economic hardship to require the Employee to move inside the City limits immediately. Recognizing that, the City waives the requirement that the Employee reside inside the City limits. This waiver does not diminish the obligations of the Employee to be available to conduct the business of the City as required in this agreement. In the event the Employee moves from his current residence, he will be required to reside within City limits. SECTION VIII Other Benefits Except as otherwise set forth in this Agreement, the Employee shall receive the same benefits relating to general leave, holidays, insurance coverage, deferred payment plans, and other benefits, as are granted from time to time to City Department Directors, as set forth in Schedule C, Management Benefits, Section III, Subpart A. The Employee, at his option, may withdraw from the Washington State Public Employees Retirement System II (PERS II). If so, the City will establish a 401 -A Deferred Compensation Plan with Great West Retirement Services for the Employee and will contribute to the 401 Plan each month an amount equal to the employer's contribution to PERS II for management employees. The Employee has accrued general leave while serving as the Fire Chief. Of that accrued general leave, 1,500 hours will be frozen at his last hourly rate as Fire Chief, but remain available for use by the Employee. The remainder will be carried forward and available to the Employee during his service as City Manager. After the date of the signature of this agreement, general leave carried over and earned in the future will be accrued at the rate of compensation for service as City Manager. General leave shall be earned at the rate of 43 days per year, based on 21 years of City service. 3 Recognizing that the City Manager is required to participate in local civic clubs and organizations, the City shall reimburse the Employee for reasonable expenses incurred by the Employee for such participation. SECTION IX Professional Development To aid the Employee his professional development, the City agrees to budget and to pay for professional dues and subscriptions of the Employee for national, regional, state, and local associations and organizations to the extent they are necessary and desirable for the Employee's continued professional growth. In addition, the City agrees to budget for and to pay reasonable expenses for such national, regional, state, and local professional conferences as are necessary and desirable for the Employee's continued professional growth and useful in advancing the interests of the City. SECTION X Termination and Severance Pay In the event the Employee is terminated or asked to resign by the City Council, the following provisions shall apply: 1. If the Employee is terminated by action of the City Council or the City Council requests the resignation of the Employee, the City shall pay the Employee a lump sum cash payment equal to, and not to exceed, four months' salary with City retirement contributions and benefits, one month's salary with City retirement contributions as compensation for the thirty day period before termination becomes effective as set forth in RCW 35A.13.130, and the cash -out of accumulated leave as provided in Section VIII. The Employee agrees that he will cooperate in the transition to a new administration. 2. In the event the Employee is terminated because 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. 3. The Employee shall give thirty (30) days advance notice in writing of voluntary resignation. In the event the Employee voluntarily resigns, the City the Employee is not entitled to a severance payment, but the City shall pay the Employee accumulated leave and all other normal settlements employees receive at separation from the City. 4 SECTION XI 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 Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement. 2. The text herein shall constitute the entire agreement between the parties. 3. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. 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 Employee has signed and executed this agreement, in duplicate this day of A,(_, 2012. CITY OF PORT ANGELES _A, �_i C Brie Kidd, Mayor ATTEST: Ja sa Hurd, City Clerk Dan McKeen, City Manager Appr ved as to form: G William E. Bloor, City Attorney G \LEGAL\a AGREEMENTS &CONTRACTS\ 2012 AGRMTS &CONTRACTS\McKeenCnyMgr Agrmt 07 26 12 wpd 5