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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. 1 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 2 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. 3