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Home My WebLink About05/25/2016 04 City Manager Employment Agreement with Cliff MooreBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 4. For Meeting of: May 25, 2016 ITEM TITLE: Resolution authorizing City Manager employment agreement with Cliff Moore SUBMITTED BY: Jeff Cutter, Interim City Manager SUMMARY EXPLANATION: ITEM BUDGETED: STRATEGIC PRIORITY: STAFF RECOMMENDATION: RESOLUTION NO. R -2016- A RESOLUTION authorizing the Mayor of the City of Yakima to execute an Employment Agreement for City Manager with Cliff Moore WHEREAS, the City Council has selected Cliff Moore to be the City Manager of the City of Yakima; and WHEREAS, the City and Cliff Moore 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 Cliff Moore will become the City Manager of the City of Yakima on July 18, 2016; 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 City Manager with Cliff Moore,; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes the Mayor of the City of Yakima to execute the attached Employment Agreement for City Manager with Cliff Moore. ADOPTED BY THE CITY COUNCIL this 25th day of May, 2016. Avina Gutierrez, Mayor ATTEST: Sonya Claar Tee City Clerk WHEREAS, the City desires to employ Cliff Moore as City Manager of the City of Yakima, as provided for in Article 11 of the City Charter of the City of Yakima (hereafter referred to as "City Charter"); and WHEREAS, the City, through its City Council, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, Cliff Moore desires to accept employment as City Manager of the City of Yakima under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: A. The City of Yakima hereby employs and appoints Cliff Moore as its City Manager, effective on the date provided in Section IB and under the terms of this Agreement, to perform the duties and functions specified in the City Charter, the Yakima Municipal Code, and Washington law, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. B. The City's employment of Cliff Moore as City Manager shall be effective on July 15, 2016. This Agreement shall remain in effect until terminated by the City or by the City Manager as provided herein. C. City Manager's employment is at will, and he can be terminated at any time • a vote of the City Council for any reason, or no reason at all. Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of One Hundred Seventy Thousand Dollars ($170,000) payable in installments at the same time as other City employees are paid. 1, 't After the first year of the contract, should the management employees receive pay and compensation adjustments pursuant to YMC 2.20.115-.116, the City Manager will R• receive the same increase pursuant to the YMC, in addition to any increases provided in accordance with Section C, below. C. The City may also increase said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable following the completion of each periodic performance evaluation of the City Manager, as described in paragraph E., below. Such evaluations shall be performed in such form as the Council deems appropriate. D. Nothing in this Section shall require the City to increase the base salary or other benefits of the City Manager. Furthermore, the City's failure to conduct any of the scheduled evaluations shall not constitute non-compliance with a material provision of this Agreement. 3= �� A. The City Manager shall have the duties, responsibilities and powers of said office under the City Charter, the Yakima Municipal Code, and Washington law. The City Manager agrees to perform all duties and responsibilities faithfully, industriously, to the best of his ability, with reasonable care, diligence, skill and expertise, and in a professional and competent manner. B All duties assigned to the City Manager by the governing body should • appropriate t(I and consistent with the professional role and responsibility of the City Manager. City Manager understands, however, that his role has broad responsibilities and requirements. D. If the City Manager serves on any appointed boards or elected boards of any professional organization, or serves on any committees related to his professional activities, in the event any monies are paid, or gifts received, by the City Manager related to such service, such money or property shall be paid over to or delivered to the City, unless otherwise provided by the City Council. E. In the event the City Manager is temporarily unable to perform his duties, he shall designate an Acting City Manager. Section 4. Automobile Allowance and Communication Equipment. B. The City Manager will receive a City-issued cell phone to be used for City business in accordance with City policy. Section 5. Dues and Subscriptions. Section 7. Community Involvement. Section 8. Ethical Commitment Section 10. Holidays. The City will provide other insurance, or the availability for other insurance, for the City Manager under the same terms as it does for management employees. Section 12. Residency. Section 14. Termination by the City and Severance Pay. A. Pursuant to Article 11, Section 8 of the City Charter, and as provided herein, the City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any reason or for no reason. D. In the event the City Council, at any time during the employment term, reduces the salary or other benefits of the City Manager, as identified herein, in a greater percentage than an equivalent across-the-board reduction for all full-time City employees, or in the zl� Section 15. Termination by the City Manager. WyNRILL011 n*LICC • LC1111111UL1011 ll(VLTc Xfq O.UJN _P T11111 L(V Lill: C I I CAA I I C, •ate of the termination. r of resignation or letter of resignation submitted to the City Council shall be considered termination of employment by the City Manager. Section 16. Disability. If the City Manager becomes permanently disabled or is otherwise unable to perform his iiies because of sickness. accident, injuri, mental incajacitv or health for a eriod of four (;*llSCUtLlf C TTCCKS VCJ'ItllU MIJ auuutcok Icavc, 01 ifti a P0111WIL U1 L1111C L11C C111PIDWYCC VS OL-11CI TTISV legally entitled to, the City shall have the option to terminate this Agreement, subject to the severance pay provision outlined in Section 14, Paragraph B of this Agreement. 3Uff=1 Z�- � a based on the number of months remaining in the thirty six month period. A percentage of the total relocation expenses paid by the City will be returned to the City that equals the percentage of months remaining in the first thirty six months commencing from the beginning of employment. Reimbursement to the City of relocation expenses is not required if the Manager should tie within the first three (3) years or resign within such time due to disability. A. The City Manager shall be entitled to the benefits and subject to the responsibilities in City of Yakima Resolution No. D-5820, entitled "Resolution providing for indemnification against personal liability for City personnel", and any protections provided • State • Washington law, including RCW 4.96.041. 13 Said indemnification referred to in Section 18 shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in the capacity as City Manager, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 19. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the City Manager under any policy, regulation, ordinance or law. Section 20. Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Post Office, postage prepaid, and addressed as follows: CITY OF YAKIMA: Jeff Cutter, City Attorney City of Yakima 200 South 3rd Street Yakima, WA 98901 CITY MANAGER: Cliff Moore 129 North 2nd Street Notice shall be deemed given as of the date of personal service or, if mailed, three mailing days after the date the notice is deposited in the U.S. Mail. gffla� Section 21. General Terms and Conditions. A. If any provision, or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to • unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. B. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of City Manager. E. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of the City Council's policies, or the City's ordinances, rules or regulations (or any state • federal law), then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over contrary provisions of policies or laws during the term of this Agreement. F. Washington law shall govern this Agreement and any litigation that may arise from this Agreement shall be filed and litigated in a court of competent jurisdiction in Yakima County, Washington. G. Upon the City Manager's death, the City's obligations under this Agreement shall terminate except for: 2. Payment of accrued leave balances in accordance with this Agreement; 1 Payment of all outstanding hospitalization, medical and dental bills accordance with City's insurance policies or plans, if applicable; and I 4. Payment of all life insurance benefits in accordance with the City's insurance policies or plans. H. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party that the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. 1. This Agreement may be executed in duplicate or counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition or covenant of this Agreement shall be binding on either party until both parties have signed J. The effective date of this Agreement shall be the last date it is executed by either of the parties to this Agreement. M EIL-01M B City Clerk EXECUTED by Cliff Moore this L_V day of May, 2016. City Contract No.: Resolution No .: By: P Cliff oore 99-INOM