HomeMy WebLinkAbout11/05/2019 06J Mayor Authorization to Execute Employment Agreement 't..an,gtntj ka
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.J.
For Meeting of: November 5, 2019
ITEM TITLE: Resolution authorizing the Mayor of the City of Yakima to execute
an Employment Agreement for Interim City Manager Alex
Meyerhoff
SUBMITTED BY: Jeff Cutter, City Attorney
Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
Employment agreement with Alex Meyerhoff to serve as the Interim City Manager of the City of
Yakima beginning November 8, 2019.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
Interim Cit Manager
SUBMITTAL: .. ---- y g
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STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
e of ut i on 10/ 3/2019 ( r Mama
Meyerhoff Mgr ent 10/ 3/ 019 r Me
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RESOLUTION NO. R-2019-
A RESOLUTION authorizing the Mayor of the City of Yakima to execute an
Employment Agreement for Interim City Manager Alex Meyerhoff
WHEREAS, the City Council has selected Alex Meyerhoff to be the Interim City
Manager of the City of Yakima, and
WHEREAS, the City and Alex Meyerhoff desire to enter into an employment
agreement in accordance with the terms and conditions of the attached Employment
Agreement, which Employment Agreement is attached hereto as Exhibit "A" and
incorporated herein by this reference, pursuant to which Alex Meyerhoff will become
the Interim City Manager of the City of Yakima on November 8, 2019; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize the Mayor to execute the attached Employment Agreement for Interim
City Manager with Alex Meyerhoff, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
That the City Council authorizes the Mayor of the City of Yakima to execute the
attached Employment Agreement for Interim City Manager with Alex Meyerhoff.
ADOPTED BY THE CITY COUNCIL this 5th day of November, 2019.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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EMPLOYMENT AGREEMENT
BETWEEN
CITY OF YAKIMA AND ALEX MEYERHOFF
FOR INTERIM CITY MANAGER POSITION
I. Date and Parties. This Agreement, dated , 2019, is entered
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into between the City of Yakima, a Washington municipal corporation ("City") and .Alex
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Meyerhoff, ("Mr. Meyerhoff').
2, Intent and Purpose, The purpose of this,Agreement is to define the terms and
conditions of Mr. Meyerhoffs appointment as the City of Yakima's Interim City Manager.
3; Designation. By executing this Agreement, the City has offered, and Mr.
Meyerhoff has accepted, the City Council's appointment as the Interim City Manager, in Nevc
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accordance with the terms and conditions set forth herein., Effective November`)t' 2019, Mr.
E Meyerhoff is designated to the position of Interim City Manager: The Interim City :Manager AAA
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position is an"at will" employment position.
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4. Term. Mr. Meyerhoffs appointment as Interim City Manager shall commence
on November I, 2019_ The initial term of employment shall be for six (6) months. The initial
term may be extended for additional terms as determined and agreed upon by the parties hereto,
or terminated as provided in Section 8 herein.
5. Duties: Mr. Meyerhoff shall perform all duties and obligations of the City
Manager as required and appointed by law, and such other appropriate duties as are assigned
from time to time by the City Council, The duties and authority of the City Manager, as set forth
in the Yakima City Charter, the Yakima Municipal Code and in RCW 35,18.060, together with
any future amendments thereto, are hereby incorporated by reference. Mr. Meyerhoff recognizes
that the City Council is the legislative and policy making body of the City and agrees to respond
promptly and equally to the Council regarding their concerns. The City, through the City
Council, recognizes that the City Manager is the individual responsible for administration and
enforcement of the City's ordinances and resolutions, and of the policies and directives of the
City Council, and members of the City Council shall communicate concerns regarding
administration to the Manager in accordance with RCW 35.18.110. Mr. Meyerhoff shall attend
all special and regular meetings of the City Council, unless excused, and such other meetings as
required by the City Council.
6. Salary and Performance Review.
6.1 Mr. Meyerhoff's starting salary shall be Fifteen Thousand Two Hundred
Three Dollars ($15,203.00) per month, not to exceed One Hundred Eighty Two Thousand Four
Hundred Thirty Seven Dollars ($182,437.00) annually, as agreed upon by the parties hereto. The
salary shall be paid in accordance with the City's policies in effect from time to time for the
payment of City employees.
6.2 Upon commencement of employment,the Council may meet with the
Employment Agreement Between
City of Yakima'and Alex Meyerhoff For Interim City Manager Position ! Li
Page I of 3 City MeyerhofT
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Interim City Manager to establish a work plan which the Council determines necessary for the
proper operation of the City and to attain the City's policy objectives.
7. Benefits. Mr. Meyerhoff shall receive such employment benefits as are set forth
from time to time in City Council approved policies for non-represented Department Director
benefits, unless this Agreement specifically provides otherwise. In the case of a conflict between
the City policies and the Agreement terms, the Agreement terms shall control.
7.1 Professional Travel. The City agrees to budget for and pay Mr.
Meyerhoffs reasonable travel and subsistence expenses for City business-related professional
and office travel, meetings and official functions of the City. For any other professional
functions outside of the State of Washington, the Council's prior approval shall he required.
7,2 General Expenses. The City recognizes that certain expenses of a non-
personal and job-affiliated nature may be incurred by Mr. Meyerhoff, The City agrees to
reimburse or to pay said general expenses, to the extent authorized by State law, State auditor
regulations and published guidelines, City policy, and subject to such accounting process as is
• established by the City Finance Director.
7.3 Car Allowance. The City shall pay a monthly allowance of $400.00 for
automobile expenses incurred by Mr. Meyerhoff using his personal vehicle for City related
business. Said allowance is in lieu of the City otherwise providing Mr. Meyerhoff with use of a
City vehicle on a regular basis.
7,4 Retirement. In lieu of contributions into the Washington State Public
Employees Retirement System, Mr. Meyerhoff shall be paid, in addition to his base pay, the
City's retirement contribution of 12.7% each month, This amount is subject to change annually
and will be the standard rate applicable to all management employees, The City and Mr.
Meyerhoff agree that he will be classified as a temporary employee and the term of employment
shall not extend past December 31, 2020,
7.5' Personal Time Off; Upon initiation of employment Mr. Meyerhoff shall
accrue Personal Time Off(PTO)at the initial accrual rate of 22.17 hours per month, as provided
in YMC 2.40.020 for an employee with ten (10) years of service to the City. In addition, 80
hours of PTO will be placed in the City Manager's annual no account one time only, at the
initiation of his employment with the City, which may be used at the time(s) of his determination
in communication with the City Council,
7.6 Housing Allowance, The City shall pay Mr. Meyerhoff,in addition to the
monthly salary, allowances and benefits set forth herein, a housing cost allowance of One
Thousand Dollars ($1,000.00) per month,
8. Termination,
8.1 Mr, Meyerhoff acknowledges that the City can terminate his appointment
as Interim City Manager at any time, without any reason whatsoever. The parties recognize and
acknowledge that this Agreement is for temporary employment for an interim period and may he
terminated by either party by providing thirty (30) days prior written notice of intent to
terminate. The Interim City Manager acknowledges that this employment relationship is at-will.
In Lieu of the thirty (30) day prior notice provision, the City Council may pay the monthly salary
for Mr. Meyerhoff for thirty (30) days, thereby terminating this Agreement immediately upon
said payment.
Employment Agreement Between
City of Yakima and Alex Meyerhoff
For Interim City.Manager Position A N)
Page 2 of 3 City Meyerhoff
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8.2. In the event Mr. Meyerhoff elects to terminate his appointment as the
Interim City Manager for any reason Mr. Meyerhoff agrees to provide the City with not less
than thirty (30) days' written notice prior to the effective date of said termination of employment.
9. Indemnification, Mr. Meyerhoff shall be entitled to the benefits and subject to the
responsibilities provided for in City policies and practices.
ID. Bonding. The City shall bear the full costs of any fidelity or other bonds required
of Mr. Meyerhoff under any law or ordinance associated with performing the City Manager
duties.
11. Integration and No Presumption of Draftsmanship. This Agreement constitutes
the entire agreement between the parties, and both panics acknowledge that there are no other
agreements, oral or otherwise, that have not been fully set forth in the text of this Agreement. In
• addition, the parties acknowledge that they have negotiated the Agreement terms and thus there
• shall be no presumption of draftsmanship in any dispute regarding the meaning or intent of any
provision.
12. Modification. This Agreement can be amended or modified only with the written
concurrence of both parties.
Dated this day of , 2019,
CITY OF YAKIMA
By:
Kathy Coffey, Mayor
Alex Meyerhoff represents and acknowledges that he has read this Agreement in its
entirety and has had an opportunity to review the Agreement. He further represents and
acknowledges that it is his understanding that this Agreement has been reviewed and approved
by the Yakima City Attorney on behalf of the City only, and not on behalf of Mr. Meyerhoff. By
virtue of this passage, he funher acknowledges that he has been advised that he has the right to
consult independent counsel concerning this Agreement, and that by signing this Agreement he
acknowledges that he has afforded himself the opportunity to do so, or hereby expressly waives
his right to have the Agreement reviewed by independent legal counsel, and agrees to the terms
hereof by signing the same.
By:
Alex Mey rhoff
Employment Agreement Between
City of Yakima and Alex Meyerhoff
For Interim City Manager Position
Page 3 of] City Meyerhoff