HomeMy Public PortalAboutRES-CC-2016-25Resolution #25-2016
A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF
MOAB AND DAVID EVERITT FOR THE POSITION OF INTERIM CITY MANAGER
Whereas, the governing body of the City of Moab is desirous to engage the services of David
Everitt to serve for a limited term as the Interim 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
6th day of October, 2016.
CITY OF MOAB
B
Attest:
Rachel E. Stenta
City Recorder
David L. Sakrison
Mayor
Resolution #25-2016 Page 1 of 1
EMPLOYMENT AGREEMENT
Interim City Manager
By and Between the City of Moab and David Everitt
This agreement (Agreement) is entered into between the City of Moab, State of Utah, a municipal
corporation, herein referred to as Employer, and David Everitt, of Moab, Utah, herein referred to as
Employee.
The parties recite and declare that:
a. Employer is in need of the services of a person possessing the skills and ability required to serve as
an Interim City Manager during recruitment of the City Manager position.
b. Employee, through his education and experience, possesses the requisite skills to perform such
duties.
c. Employer is therefore desirous of engaging the services of employee as Interim City Manager to
serve the City of Moab under the direction of the City Council of the City of Moab.
For the reasons set forth above and in consideration of the mutual covenants and promises of the
parties hereto, Employer and Employee agree as follows:
SECTION ONE
MUTUAL ASSENT TO EMPLOYMENT
Employer hereby employs, engages, and hires Employee to act as Interim City Manager with the
City of Moab, and Employee hereby accepts and agrees to such employment, engagement, and hiring.
SECTION TWO
GOVERNING LAW
This agreement and the employment of employee hereunder shall be subject, generally, to all
applicable provisions of Moab City Ordinances and Utah law and to all amendments thereto. Employee is
expected to carry out all functions under this Agreement in conformity with applicable Utah law and
Moab ordinances.
SECTION THREE
DUTIES OF EMPLOYEE
Employee shall perform all duties and responsibilities of City Manager as outlined by Moab
Municipal Code Title 2 Chapter 2.10 for the duration of the contract period and such other duties as the
Employment Agreement Page 1 of 3
City Council from time to time may require of him under the general supervision and direction of the City
of Moab City Council, with day to day reporting to the Mayor..
SECTION FOUR
TERMS OF EMPLOYMENT
This Agreement shall be for a temporary term beginning on October 10, 2016 and terminating at the
discretion of the City Council or by Employee for an initial term not to exceed 180 days. By mutual written
agreement of the parties, this Agreement may continue on a month -to -month basis (or longer duration) after
expiration of its initial term. Employee will assume full City Manager responsibilities and authority on
October 11, 2016.
Either party may terminate this Agreement at any time by giving written notice to the other party at
least 30 days before the effective date of such action. In that event Employee shall be paid for all accrued
pay and benefits provided by this Agreement through the date of termination.
At all times the term of employment shall be at -will. Employee shall not be entitled to any process
or other restrictions on discharge or transfer applicable to public employees generally, as otherwise provided
by U.C.A. § 10-3-1105-1106.
SECTION FIVE
COMPENSATION
Employer shall pay Employee, and Employee shall accept from employer, in full payment for
Employee's services hereunder, compensation as follows:
Employee shall be compensated at a monthly rate of $10,440;
Employee will receive a per diem for Travel Expenses at a monthly rate of $960;
Employee will be eligible for any applicable retirement contributions as allowed by Moab City Policies
and Procedures.
SECTION SIX
OTHER EMPLOYMENT
Employee is expected to devote full-time attention to his duties as City Manager
Employee shall not engage in any other employment or consulting work which would present an actual or
apparent conflict of interest between the interests of the City, the interests of any client and/or Employee's
own interests.
SECTION SEVEN
MODIFICATION
Employment Agreement Page 2 of 3
No modification or waiver of this Agreement or of any covenant, condition, or provision herein
contained shall be valid unless in writing and duly executed by both parties.
SECTION EIGHT
SEVERABILITY
All agreements and covenants herein are severable, and in the event any of them shall be held to be
invalid by any competent court, this Agreement shall be interpreted as if such invalid term(s) were not
contained herein.
SECTION NINE
COMPLETE AGREEMENT IN WRITTEN CONTRACT
This written Agreement embodies the sole and complete agreement between the parties and there
are no inducements, promises, terms, conditions, or obligations made or entered into by either Employer or
Employee other than contained herein.
In witness whereof, the parties have executed this agreement at Moab City. Utah the date and year
written below.
CITY OF MOAB
By:
test:
cuLa
Rachel E. Stenta
City Recorder
EMPLOYEE:
Da • veritt
Interim City Manager
Employment Agreement
David L. Sakrison
Mayor
IQ- 62-Roils
Date
Date
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