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HomeMy WebLinkAboutR-2016-071 City Manager Employment Agreement with Cliff MooreRESOLUTION NO. R-2016-071 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 25' day o May, 2016 ATTEST utierrez, S ya Claar Tee City CI EMPLOYMENT AGREEMENT FOR CITY MANAGER THIS EMPLOYMENT AGREEMENT (hereafter referred to as "Agreement"), is by and between the City of Yakima, Washington, a Washington municipal corporation (hereafter referred to as "City"), and Cliff Moore (hereafter referred to by name or as "City Manager"). WHEREAS, the City desires to employ Cliff Moore as City Manager of the City of Yakima, as provided for in Article II 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: Section 1. Employment. A. The City of Yakima hereby employs and appoints Cliff Moore as its City Manager, effective on the date provided in Section 1B 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 by 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. B. 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 1 of 9 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. E. Performance Review. Except as otherwise directed by the City Council, the City Manager's job performance shall be reviewed after the first three (3) months of employment and again after completion of the first year of employment. Thereafter, employment evaluations shall be conducted annually on or about the anniversary date of the City Manager's commencement of employment with the City or as otherwise provided by ordinance, resolution, policy or directive of the City Council. Performance evaluations shall may be facilitated by a third party, at the discretion of the City Council, with the participation of the City Council. Section 3. Duties and Obligations. 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 be appropriate to and consistent with the professional role and responsibility of the City Manager. City Manager understands, however, that his role has broad responsibilities and requirements. C. The City Manager shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge and skills necessary to faithfully perform his duties under this Agreement. The City Manager may, however, engage in educational and professional activities upon receipt of approval by the City Council, provided that such activities shall not interfere with his primary obligation to the City as its City Manager. The City Manager shall dedicate no less than an average of forty (40) hours per week in the performance of his duties hereunder. Page 2 of 9 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. A. Pursuant to YMC 2.20.097, the City Manager shall be paid the amount of $400.00 each month as a vehicle allowance, and the City Manager shall be responsible for purchasing, maintaining, and insuring his vehicle, as well as all costs and expenses associated with maintenance, repair and ownership of his vehicle. The payment will be included with the City Manager's monthly compensation amount as a separate item. The vehicle allowance will be treated as a taxable benefit and will be subject to normal withholding taxes. The automobile allowance will not be included in any calculations as base pay. 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. Pursuant to YMC 2.20.085(6), the City will pay the City Manager's professional dues for memberships in the International City/County Management Association ("ICMA"), the Government Finance Officers Association ("GFOA"), and the Washington City/County Management Association. Other appropriate dues and subscriptions on behalf of the City Manager will be paid by the City if funds are available in the City's annual budget and it is deemed in the best interest of the City for the City Manager to participate in the proposed organization. Section 6. Professional Development. Pursuant to YMC 2.20.085(5), and in accordance with the City's travel policy, the City agrees to pay reasonable and customary travel and subsistence expenses for the City Manager's travel to and attendance at the International City/County Management Association's annual conference, the Washington City/County Management Association's annual conference and the Association of Washington Cities' ("AWC") annual conference and/ or regional conferences. Mr. Moore is an ICMA Credentialed Manager ("ICMA-CM"), and to maintain the credential members must submit an annual report describing 40 hours of professional development during the previous year. The City will pay reasonable and customary travel and subsistence expenses relating to that professional development. The City may choose to pay for the City Manager's attendance at other seminars, conferences, and committee meetings as it deems appropriate and as approved by City Council action. Page 3 of 9 Section 7. Community Involvement. The City recognizes the desirability of representation in and before local civic and other organizations, and encourages the City Manager to participate in these organizations to foster a continuing awareness of the City's activities as well as the community's attitudes and ideas. Section 8. Ethical Commitment The City Manager will, at all times, uphold the highest ethical tenets, including those found in the ICMA Code of Ethics, a copy of which is provided with this Agreement and incorporated herein. Specifically, the City Manager shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Section 9. Personal Time Off. Upon initiation of employment the City Manager shall accrue Personal Time Off (PTO), which shall increase depending on length of service at the 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 PTO account one time at the initiation of his employment with the City, which may be used at the time(s) of his option in communication with the City Council. Following completion of the first year of employment (PTO) shall be increased in accordance with standard management employee accrual provisions as provided by YMC 2.40.020 and YMC 2.40.030 based upon the beginning accrual rate for an employee with ten (10) years of employment with the City. Section 10. Holidays. The City Manager is entitled to specified holidays with pay pursuant to YMC 2.40.080. Section 11. Health, Dental, Life and Disability Insurance. The City of Yakima has an employee Health Care Plan. Health care coverage, including limited vision care and limited dental insurance, is available for City employees and their dependents for which the City cost shares. The employee's participation in the Health Care Plan is required. Pursuant to YMC Chapter 2.04, the City Manager will be covered by the City of Yakima employee Health Care Plan consistent with City management employees. Management employees pay medical expenses according to a rate schedule, and premium rates may be adjusted annually. 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. Page 4 of 9 The City Council prefers that the City Manager resides within the City of Yakima. Section 13. Retirement. The City shall contribute 11.18% of the City Manager's base monthly salary each month into the Washington State Public Employees Retirement System. This amount is subject to change annually and will be the standard rate applicable to all management employees. Section 14. Termination by the City and Severance Pay. A. Pursuant to Article II, 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. B. In the event the City Manager is terminated by the City for any reason other than "for cause" during such time that the City Manager is willing and able to perform his duties under this Agreement, then in such event the City agrees to pay the City Manager a lump sum cash payment equal to six (6) months of base pay (including PTO and insurance but excluding such items and allowances as are used in conducting City business such as, but not limited to, the automobile allowance and use of a City -issued cell phone), or in the alternative, provide the City Manager six (6) months written notice of termination of employment. As consideration for such payment, the City Manager shall, prior to receipt thereof, execute and deliver to the City a general release of the City and its Council members and its officers, agents, and employees for all claims, acts and actions (whether accrued or subsequently accruing up to the point of release) arising out of his employment or his termination of employment with the City. C. In the event the City Manager is terminated "for cause," the City shall have no obligation to pay the aggregate severance sum designated in paragraph 14(B) above. The term "for cause" shall mean any of the following: 1) conviction of a felony, 2) conviction of any misdemeanor involving moral turpitude, 3) any act of theft, 4) any dishonest or disgraceful conduct which would tend to substantially diminish his reputation in the community, or legally prohibited prejudicial conduct, 5) unsatisfactory or incompetent performance of his duties as City Manager based on performance evaluations conducted by the City Council, 6) mental or physical disability which prevents him from effectively performing his duties as City Manager for a period of sixty (60) days or more without prior City Council approval, 7) any conduct which would tend to substantially injure the reputation of the City, 8) violation of the International City/County Management Association Code of Ethics and/or 9) dereliction of his duties as City Manager. 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 Page 5 of 9 event the City allegedly refuses to comply with any other material provision of this Agreement benefiting the City Manager, the City Manager shall notify the Council in writing of the alleged violation. The Council shall have forty-five (45) days from such notice within which to cure the violation; otherwise, the City Manager may at his option, consider such violation as termination "without cause" as of the date of such alleged reduction or refusal, and the severance pay provision and other termination provisions contained herein shall become applicable at the annual salary and benefit level in effect prior to the reduction or refusal. Section 15. Termination by the City Manager. The City Manager may terminate this Agreement at any time by delivering to the City Council a written notice of termination not later than '[wsl'ninety (90) days prior to the effective date of the termination. Any notice of resignation or letter of resignation submitted to the City Council shall be considered termination of employment by the City Manager. If the City Manager terminates this Agreement, then the provisions of Section 14, Paragraph B above, shall not apply. If the City Manager voluntarily resigns pursuant to this Section, the City shall pay to the City Manager all accrued compensation due to the City Manager up to the City Manager's final day of employment. Payout of accumulated PTO shall be governed by the same Ordinances and policies as those for City management employees. The City shall have no further financial obligation to Employee pursuant to this Agreement. This Section shall not prevent the City Manager from collecting any money earned up to the date of termination as a result of participation in the City's deferred retirement program. Section 16. Disability. If the City Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four consecutive weeks beyond any accrued leave, or for a period of time the employee is otherwise 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. Section 17. Relocation Expenses. The City agrees to pay the City Manager up to Twelve Thousand Dollars ($12,000.00) to reimburse the City Manager for the direct costs associated with the relocation of himself and his family. Pursuant to YMC 2.20.085, the relocation expenses are for the cost of moving the household goods and personal effects of the City Manager from his place of residence to the City of Yakima. Reasonable and necessary moving expenses shall be reimbursed only when the City Manager can produce receipts to document the expenditure, or when the invoices are submitted so that the City can pay the moving company directly. Should the City Manager be terminated pursuant to Section 14(C) or terminate his employment pursuant to Section 15 within three (3) years of his employment with the City, he will return to the City a prorated share of any expenses it has paid to assist with his relocation Page 6 of 9 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 die within the first three (3) years or resign within such time due to disability. Section 18. Indemnification. 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 by State of Washington law, including RCW 4.96.041. B. 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 Yakima, WA 98901 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. Page 7 of 9 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 be 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. D. This Agreement sets forth and establishes the entire understanding between the City and the City Manager regarding the terms and conditions herein. Any prior discussions or representations by or between the City, any of its elected or appointed officials, employees, agents, attorneys or volunteers, and City Manager are merged into and rendered null and void by this Agreement. The City and the City Manager by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. 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 or 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: 1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries; 2. Payment of accrued leave balances in accordance with this Agreement; 3. Payment of all outstanding hospitalization, medical and dental bills in accordance with City's insurance policies or plans, if applicable; and 4. Payment of all life insurance benefits in accordance with the City's insurance policies or plans. Page 8 of 9 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. 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 it. J. The effective date of this Agreement shall be the last date it is executed by either of the parties to this Agreement. EXECUTED by the City of Yakima thisD�Sof May, 2016. ATTEST: By CITY OF YA IMA /`'►_ice By: r01: t� ina Gutierrez, ayor City Cler * EXECUTED by Cliff Moore this 1 ? day of May, 2016. `S/ City Contract No.: a* Resolution No.: a (')/cO -071 By: Cliff Moore Page 9 of 9 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 4. For Meeting of: May 25, 2016 Resolution authorizing City Manager employment agreement with Cliff Moore SUBMITTED BY: Jeff Cutter, Interim City Manager SUMMARY EXPLANATION: ITEM BUDGETED: STRATEGIC PRIORITY: STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: APPROVED FOR SUBMITTAL: ATTACHMENTS: Description D resdution 0 Moore Interim City Manager Upload Date 5;20/2016 5/20/2016 Type Coyer Memo Cor Memo