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HomeMy WebLinkAboutCutter, Jeffrey - Employment Agreement (Interim City Manager) EMPLOYMENT AGREEMENT BETWEEN CITY OF YAKIMA AND JEFFREY R. CUTTER REGARDING INTERIM CITY MANAGER POSITION 1. Date and Parties. This Agreement, dated December 1, 2015, is entered into between the City of Yakima, a Washington municipal corporation ( "City ") and Jeffrey R. Cutter, ( "Mr.Cutter "). 2. Intent and Purpose 2.1 The City is a First Class City operating under the Council - Manager form of government (chapter 35.18 RCW). 2.2 The City has received and accepted the resignation of City Manager Anthony H. O'Rourke and will soon be engaging in a search for qualified candidates to serve as the next permanent Yakima City Manager. At a special meeting of the City Council held on November 6, 2015 the City Council determined that it would designate Mr. Cutter as the Interim City Manager, to conduct the duties and responsibilities of the City Manager during the pendency of the process of recruiting and hiring a new permanent City Manager, said designation to be in accordance with the terms and conditions set forth in this Employment Agreement. 2.3 The City Council voted on November 6, 2015 to designate Mr. Cutter as the Interim City Manager on the terms and conditions set forth in this Agreement. Mr. Cutter has agreed to accept this designation, subject to the terms and conditions of said Agreement. 3. Designation. The City has offered, and Mr. Cutter has accepted, the City Council's designation as the Interim City Manager upon the terms and conditions set forth in this Employment Agreement. 4. Term. Mr. Cutter's designation as Interim City Manager shall commence on December 1, 2015, and shall continue until a new City Manager is appointed by the City Council and administered the oath of office as the new Yakima City Manager, or until such other action as set forth in Paragraph 8 may be taken. 5. Duties. Mr. Cutter 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. Cutter recognizes that the City Council is the legislative and policy making body of the City and agrees to respond promptly and equally to members of 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. Cutter shall attend all special and regular meetings of the City Council, unless excused, and such other meetings as may be required by the City Council. Employment Agreement Between City of Yakima and Jeffrey R. Cutter Regarding Interim City Manager Position Page I of 4 City uC� tter 6. Salary and Performance Review. 6.1 In accord with Council direction, beginning December 1, 2015 and continuing until the appointed City Manager has been issued the oath of office or this Agreement is amended or otherwise terminated in accord with Paragraph 8, Mr. Cutter's salary shall be paid in accordance with Step A of the current City of Yakima Master Pay Ordinance for job class 1110. This salary shall be paid in accordance with the City's policies in effect from time to time for the payment of other City employees. 6.2 Mr. Cutter's salary shall be re- evaluated by the City Council at such time as this Agreement may be amended in the future to consider increasing his salary during any future terms of service in the Interim City Manager position through the completion of his Interim City Manager responsibilities, taking into account Mr. Cutter's performance, the limitations of the Yakima Municipal Code pay ordinance and such other factors as the City Council, in its sole discretion, deems appropriate. If the Council determines a salary adjustment is appropriate, then the adjustment shall be effective as shall be indicated in any future amendments to this Agreement. 6.3 Upon commencement of employment, the Council may meet with the 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. Cutter shall receive such benefits as are set forth from time to time in City Council approved policies for non - represented Department Director benefits, unless this Agreement specifies otherwise. In the case of a conflict between the City policies and the Agreement terms, the Agreement terms shall control. 7.1 Professional Development. The City Council agrees to budget for and pay Mr. Cutter's travel and subsistence expenses for professional and office travel, meetings and occasions associated with Mr. Cutter's professional activities and to permit him to attend necessary official functions for the City. If City Council determines it appropriate the City shall pay for Mr. Cutter's attendance at conferences and for such other memberships, subscriptions, or dues that may provide benefit to Mr. Cutter's job performance during his tenure as the Interim City Manager. 7.2 General Expenses. The City recognizes that certain expenses of a non - personal and job - affiliated nature might be incurred by Mr. Cutter. The City agrees to reimburse or to pay said general expenses to the extent authorized by State law, State auditor regulations and published guidelines and City policy, and subject to such accounting process as have been established by the City Finance Director. 7.3 Car Allowance. The City shall pay a monthly allowance of $300.00 for automobile expenses incurred by Mr. Cutter when using his personal vehicle for City related business. Said allowance is in lieu of the City otherwise providing Mr. Cutter with use of a City vehicle on a regular basis. In addition to the foregoing, in the event that Mr. Cutter, in the performance of his duties and obligations is required to use his automobile for travel outside the Central Washington Region, Mr. Cutter will be entitled to reimbursement for mileage incurred outside said Region at the City's adopted mileage reimbursement rate. 8. Termination. Employment Agreement Between City of Yakima and Jeffrey R. Cutter Regarding Interim City Manager Position Page 2 of 4 City u� tter 8.1 Mr. Cutter acknowledges that the City Council can terminate his designation as Interim City Manager at any time, without any cause or reason whatsoever. 8.2. In the event the City Council elects to terminate Mr. Cutter's designation as Interim City Manager for any reason, Mr. Cutter shall return to his former position of Yakima City Attorney under the same terms, conditions, compensation and benefits as existed immediately preceding his designation as Interim City Manager. 8.3 In the event Mr. Cutter elects to terminate his designation as the Interim City Manager for any reason, Mr. Cutter agrees to provide the City with not less than thirty (30) days' written notice prior to the effective date of said termination of employment as Interim City Manager. Upon the effective date of termination Mr. Cutter shall return to his positon as City Attorney under the same terms, conditions, compensation and benefits as existed immediately preceding his designation as Interim City Manager. 9. Indemnification. Mr. Cutter shall be entitled to the benefits and subject to the responsibilities provided for in City policies and practices. 10. Bonding. The City shall bear the full costs of any fidelity or other bonds required of Mr. Cutter 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 parties 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 1s day of December, 2015. CITY OF YAKIMA • By: 414.'4 0/40% Micah Cawley, Mayor Jeffrey R. Cutter 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 Acting Yakima City Attorney on behalf of the City only, and not on behalf of Mr. Cutter. By virtue of this passage, he further 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 Employment Agreement Between City of Yakima and Jeffrey R. Cutter Regarding Interim City Manager Position 6 Page 3 of 4 City /Cutter tter • his right to have the Agreement reviewed by independent legal counsel, and agrees to the terms hereof by signing the same. By: � a 6'04/7. Jeffrey/' , !utter CITY CONTRACT NIk v i ✓ — c b9 RESOLUTION NO Employment Agreement Between City of Yakima and Jeffrey R. Cutter Regarding Interim City Manager Position (FJ Page 4 of 4 City utter