HomeMy Public PortalAboutRES-CC-2017-53Resolution #53-2017
A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF
MOAB AND DAVID EVERITT FOR THE POSITION OF CITY MANAGER
Whereas, the governing body of the City of Moab is desirous to engage the services of David
Everitt to serve for a term as the City Manager for the City of Moab under the direction of the
governing body of the City, pursuant to Moab Municipal Code Section 93-09; and
Whereas, the Employment Agreement has been presented to this meeting of the City Council.
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE
EMPLOYMENT AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF
THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER
SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
26th day of September 2017.
CITY OF MOAB
By:
Attest:
CuLf A -mil
Rachel E. Stenta
City Recorder
tit
Dave Sakrison
Mayor
Resolution #53-2017
Page 1 of 1
EMPLOYMENT CONTRACT
FOR DAVID EVERITT
The City of Moab, a Utah municipal corporation (City), and David M. Everitt (Everitt),
hereby enter into the following employment contract (the Agreement) as set forth below.
1. Duties.
a. The City agrees to employ Everitt as City Manager of the City of Moab, Utah,
effective on November 1, 2017 (Effective Date). As City Manager, Everitt shall perform the duties
described in the City Manager job description, the ordinances of the City, Utah law, and such other
duties and functions as the City Council shall from time to time assign.
b. Everitt shall not engage in any other business or consulting work for other persons
having business with the City, or engage in any business activities that would present a conflict of
interest between his duties under this Agreement and duties to any other person.
2. Term. The term of this Agreement shall commence on the Effective Date and expire on
August 1, 2019. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the City Council to terminate the services of Everitt at any time for any reason; and nothing
in this Agreement shall prevent, limit, or otherwise interfere with the right of Everitt to resign at
any time from his position with the City for any reason. The employment relationship established
by this Agreement shall be deemed at -will, and nothing in this Agreement shall be deemed to
require or authorize any administrative process, hearing, or appeal rights prior to the exercise of
any rights by the City. Everitt shall not be entitled to the process or restrictions on discharge or
transfer applicable to Utah public employees generally, as otherwise provided by U.C.A. § 10-3-
1105 and 1106.
3. Salary. The salary to be paid to Everitt for services as City Manager shall be ten thousand
nine hundred sixty-two ($10,962.00) per month (Salary), which shall be paid periodically in the
same manner as other employees of the City are paid. Everitt may be eligible for salary increases
at the City Council's discretion based upon the City Council's assessment of performance. Everitt
will receive cost -of -living adjustments to the extent approved by the City Council for all City
employees.
4. Benefits. In addition to the Salary, Everitt shall receive the following benefits during
employment as City Manager:
a. Personal Time Off, Holidays, Vacation and Sick Leave. On the Effective Date,
Everitt shall accrue twenty (20) days of personal time off, (PTO), which may be used by Everitt
for personal reasons, vacation, or illness. Everitt shall accrue an additional twenty-five (25) days
of PTO one year from the Effective Date. Upon resignation, retirement, or termination of
employment, Everitt shall be compensated for accrued and unused PTO at the salaried rate at the
time of resignation, retirement, or termination. Everitt shall be entitled to holidays and other
statutory leave benefits (such as, by way of example, Family Medical Leave Act, worker's
compensation benefits, bereavement leave, jury duty, and witness service leave) in the same
manner as all other full-time employees of the City.
b. Retirement. The City shall make an employer retirement plan contribution to a
retirement account or plan selected by Everitt at the same rate as would otherwise apply to the City
Manager position if enrolled in the Utah Retirement System.
c. Equipment. All equipment issued to Everitt will remain the Property of the City.
The City shall provide Everitt with non-exclusive use of an automobile from the City's pool of
vehicles on an as -needed basis for use during the term of employment. The City shall be
responsible for providing legally required levels of insurance, as it does for all other City vehicles.
The City shall be responsible for maintaining and fueling the vehicle. The vehicle shall be used by
Everitt for the performance of job duties, job -related travel, and de minimis personal use. If a City
pool vehicle is not available, Everitt will be eligible for mileage reimbursement from the City at
the same rate authorized for other full-time employee travel.
d. Travel Reimbursement. Everitt shall be reimbursed for his actual costs for job -
related travel to and from his place of residence in Salt Lake City, Utah, and Moab. Mileage for
use of a personal vehicle shall be reimbursed at the rate of fifty-three and one-half cents ($0.53.5)
per mile, or at the rate otherwise approved by the Internal Revenue Service.
e. Health Reimbursement Account. In lieu of participating in the City's health
insurance plan, Everitt is eligible to participate in the City's Health Insurance Reimbursement
program in the same manner as all other full-time employees.
5. Termination and Events of Termination.
a. If Everitt is terminated by the City Council, either with or without cause, during
such time that Everitt is willing and able to perform the duties of the City Manager, the City agrees
to pay Everitt for all earned Salary and benefits earned through the date of termination. All
severance pay and other sums payable at the time of termination shall be subject to applicable
wage withholding taxes.
b. Without altering the at -will nature of the employment relationship, the parties
confirm and agree that termination for cause may occur at any time for such causes which include,
but are not limited to: a) acts of sexual harassment or unlawful employment discrimination; b)
falsification of City records; c) gross insubordination or willful failure to carry out lawful
instructions; d) intoxication while on duty; e) theft of City property; f j engaging in transactions
involving a conflict of interest; g) criminal conduct while on duty; h) violations of City ordinances;
or i) other acts or omissions, whether occurring on duty or off -duty, which compromise the ability
of the employee to effectively lead the organization.
c. If Everitt is terminated at any time without cause, Everitt will receive a severance
payment equivalent of six (6) months' salary, paid out in one lump sum, in addition to payment of
accrued but unused PTO. The severance payment shall not be owing where this Agreement
terminates upon expiration of its agreed term.
d. If the City elects to terminate for cause, Everitt shall not be entitled to receive the
severance payment, defined above, but would receive payment for earned salary to the date of
termination, together with payment of all accrued but unused PTO.
6. Hours of Work. The parties agree that the City Manager must devote a great deal of time
outside normal office hours to the business of the City. The City Manager position is a full-time
position that, from time to time, may require work on weekends, during evening hours, or on
holidays. Everitt shall be considered an exempt employee for purposes of the Fair Labor Standards
Act, and shall not be entitled to overtime compensation. It is agreed that full-time employment for
purposes of this Agreement shall be defined to mean generally that for an average of at least three
(3) days a week Everitt will be present and working in Moab, unless called away for other City
business; during the remainder of the work week Everitt may work remotely.
7. Professional Development and Memberships. Subject to such amounts as may be budgeted,
the City, in its sole discretion, shall pay for expenses related to Everitt's continuing professional
development, which includes attendance at various national or state conferences, seminars, and
continuing education programs, and may include membership to relevant professional
organizations, such as the Utah State Bar and the International City Managers Association.
8. Performance Evaluations. Within twelve months of the Effective Date, or such other time
as is agreed by the parties, the City Council shall provide Everitt with a performance evaluation,
which shall include a review of how well Everitt is performing in relation to the goals and
expectations of the City Council.
9. Indemnification. Everitt shall be defended and indemnified by the City for all actions
undertaken in his official capacity as the City Manager to the extent permitted by Utah law.
10. Bonding. The City shall bear the full cost of any fidelity or other bonds required of the
City Manager under the law.
11. Miscellaneous.
a. Governing Law; Venue; Jury Waiver. This Agreement shaItte governed by the
laws of the State of Utah. The exclusive venue for any dispute afising from:I-his Agreement shall
be the Seventh Judicial District Court, Grand County, Utah. Any dispute `arising under this
Agreement or arising from the employment relationship between .tl e_City and Everitt shall be
heard by the Court sitting without a jury, regardless of the denomination of the legal claims which
may be brought.
b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by either party shall not constitute a waiver of any of the other terms
or obligation of this Agreement.
c. Integration. This Agreement constitutes the entire Agreement between Everitt and
the City, superseding all prior oral or written communications.
d. Third Parties. There are no intended third -party beneficiaries to this Agreement.
e. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect, and the severed provision shall be redrafted in such a manner so as
to be lawful and enforceable and to effectuate the intent of the parties in the original provision.
f. Modification. This Agreement may only be modified upon written agreement
lawfully approved by both the parties.
By their signatures the parties execute and authorize this Agreement.
CIOF MOAB, UTAH
David L. Sakrison, Mayor
Everitt/City of Moab Employment Agreement
ATTEST:
Rachel E. Stenta, City Recorder
9 - 11
Date
City of Moab
]ob Description
Job Title: City Manager Department: Administration
Full-time. Exempt Effective Date: 8/1/2017
General Purpose
The City Manager is the top administrator of the City of Moab. This position performs a variety
of professional, administrative, and managerial duties related to planning, directing and
controlling the administrative processes necessary to carry out the effective operation of the
City.
Reporting Relationships
Supervision Received: The City Manager works under the broad policy guidance and direction
of the governing body of the City of Moab.
Supervision Exercised: The City Manager supervises all department heads and the
Administration Department's staff, including the Communications Manager, Sustainability
Director, the Senior Projects Manager, and the Executive Administrative Assistant.
Essential Functions
The City Manager:
• Oversees the day-to-day operations and internal affairs of the City;
• Formulates and recommends an annual budget for Council consideration;
• Recommends policies and procedures for Council consideration;
• Implements the policies, procedures and processes needed to effectuate the decisions
of the City Council;
• Performs and directs research on issues, policies, and political developments;
• Advises and apprises the governing body as needed;
• Conducts internal investigations, examines books, records and official papers of any
office, department, agency, board or commission of the City as needed to assure
integrity of operations and prevent impropriety; and
• Exercises general supervision over public property under the jurisdiction of the City.
As City's chief executive officer, the City Manager assumes responsibility for full and effective
utilization of City personnel by:
• Establishing overall departmental objectives, priorities and standards;
• Serving as final hiring authority for all non-exempt and most exempt City positions;
• Acting as Personnel Director, including monitoring human resource management
activities related to advancement, discipline, and discharge;
• Supervising administrative department staff; and
• Evaluating department director performance.
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As the City's Budget Officer, the City Manager prepares and administers the City's budget,
including the capital improvement program and various internal service and enterprise funds.
The City Manager monitors overall fiscal activity of the City to assure compliance with
established budgets, and apprises City Council regarding ongoing financial status of the City.
The City Manager attends and/or conducts various City meetings; advises City boards and
commissions; and attends and participates in City Council meetings.
Frequently, the City Manager represents the City to other governmental agencies, community
partners, and businesses. The City Manager participates in intergovernmental consortiums to
establish mutual relationships and programs and facilitates interagency, intergovernmental
and private enterprise programs and projects on a regular basis.
As needed, the City Manager develops status reports; issues public statements to the press
and responds to questions from the press related to City government, and assumes
responsibility for general public relations activities.
The City Manager also serves as an arbitrator or adjudicator of complaints filed against or
between City employees, departments, divisions, or services.
Qualifications
A. Education and Experience:
a. Graduation from an accredited college with a Master's degree in business or
public administration or related field; and
b. Five (5) years of progressively responsible experience in municipal
management; or
c. An equivalent combination of education and experience
B. Required Knowledge, Skills and Abilities
a. Thorough knowledge of
i. Management methods and practices;
ii. Municipal and fiscal accounting principles, practices and procedures;
iii. Municipal organizational structures and departmental operations
including applicable laws and regulations;
iv. Budgeting, accounting, and various revenue sources available to local
governments, including state and Federal sources;
v. Goal setting, . strategic planning, and project management;
vi. HR management best practices, staff facilitation, and task delegation.
vii. Ethics in leadership generally, and specifically in Utah local
governments.
b. Considerable knowledge of state laws as they apply to city management
practices, human resource management practices and procedures;
c. Considerable skill in resolving disputes and complaints from the public;
d. Ability to analyze a variety of financial problems and make decisions,
coordinate a variety of intra-governmental policy matters between the
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governing body and department heads, and plan, organize, direct and supervise
the work of professional and administrative subordinates;
e. Communicate effectively orally and in writing; and
f. Establish and maintain effective working relationships with the Mayor and City
Council, department heads, inter/intra government commissions and
committees,intergovernmental agencies, employees and the public.
Work Environment and Physical Demands
The City Manager normally works in a safe, climate -controlled environment Tasks may entail
muscular strain, including walking, standing, stooping, sitting, reaching and lifting. Talking,
hearing and seeing are essential to performing job requirements. Common eye, hand and
finger dexterity is required for most essential functions.
While performing the duties of this job, the City Manager will use written and oral
communication skills; read and interpret data, information and documents; analyze and
solve non -routine and complex problems; use math and mathematical reasoning; observe
and interpret situations; learn and apply new information or skills; perform highly detailed
work on multiple, concurrent tasks; work under intensive deadlines with frequent
interruptions; and interact with the city council and mayor, city staff, customers, the public
and others encountered in the course of work, some of whom may be dissatisfied or
abusive individuals.
Selection Guidelines
A formal application and resume is required; finalists will interview with the appropriate
hiring authority as designated by the city council. Applicant must pass a pre -employment
drug test and background check, and upon employment, must possess a valid Utah driver's
license.
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