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
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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