HomeMy Public PortalAboutRES-CC-1999-08Resolution 08-99
A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN
THE CITY OF MOAB AND CITY MANAGER DONNA METZLER
Whereas, the governing body of the City of Moab is desirous to engage the services of Donna
Metzler to serve the City of Moab under the direction of the governing body of the City, pursuant
to Utah Code Annotated Sections 10-3-927, 925, 926, and 927, and 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
9`h day of March, 1999
CITY OF MOAB
BY' yQf."—a.,
Karla R Hancock
Mayor
Attest
Q,adi ciag ,,,
Rachel Ellison
City Rer_oider
EMPLOYMENT AGREEMENT
Agreement between the City of Moab, State of Utah, a
municipal corporation, herein referred to as employer, and
Donna Metzler, of 1777 S. Highland Drive, Moab, Utah, herein
referred to as employee.
The parties recite and declare that:
1. Employer is in need of the services of a person
possessing the skills and ability required to serve as City
Manager.
2. Employee, through her education and experience,
possesses the requisite skills to perform such duties.
3. Employer is therefore desirous of engaging the services
of employee as City Manager to serve Moab City under the direction
of the governing body of Moab City pursuant to the authority
vested in employer by Utah Code Annotated Sections 10-3-924, 925,
926 and 927.
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 City Manager with Moab City, and employee hereby accepts and
agrees to such employment, engagement, and hiring.
Employment Agreement Page 1 of 5
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.
SECTION THREE
DUTIES OF EMPLOYEE
Employee shall perform all duties imposed on her as City
Manager by the laws of the State of Utah and Ordinance 93-09 of
the City of Moab and such other duties as the governing body from
time to time may require of her, under the general supervision and
direction of the governing body of Moab City.
SECTION FOUR
PLACE OF EMPLOYMENT
The duties required of employee hereunder shall be rendered
at Moab, Utah, and such other place or places as employer shall in
good faith require or as the interests and needs of employer shall
require.
SECTION FIVE
TERMS OF EMPLOYMENT
This agreement shall be for a term of three years, beginning
the 6th day of May, 1999 and ending the 5th day of May, 2002.
Employer agrees that the employee's position shall be subject to
termination for cause only. Cause for purposes of this agreement
shall be limited to incompetence, insubordination, or illegal
Employment Agreement Page 2 of 5
conduct which is directly related to employment with City.
Employee may terminate her employment at any time by giving
written notice to the City at least 90 days before the effective
date of such notice.
If employee is terminated by City for reasons other than
cause, as outlined herein, City agrees to buy out the remaining
portion of the employee's contract, or six months' salary,
whichever is greater.
SECTION SIX
COMPENSATION
Employer shall pay employee, and employee shall accept from
employer, in full payment for employee's services hereunder,
compensation according to the following schedule:
May 6, 1999 %July 1, 1999
July 1, 1999 May 5, 2002
$51,218 annually
at Grade E5-C (as
delineated by the in -
effect City of Moab
Classified Hourly Rate
Schedule)
Employee shall be entitled to cost of living adjustments to
the pay rate schedule, as approved by the City Council. The
employer will provide benefits consistent with other full-time
City employees, in accordance with the schedule for benefits
provided for in City policies and ordinances.
Employment Agreement Page 3 of 5
SECTION SEVEN
OTHER EMPLOYMENT
Employee shall devote all of her time, attention, knowledge
and skills solely to the interest of employer, and employer shall
be entitled to all of the benefits arising from or incident to all
work, services, and advice of employee.
SECTION EIGHT
FACILITIES, SUPPLIES, AND ASSISTANCE
Employer shall furnish employee, at employer's expense, with
office facilities within the aforementioned premises of Moab City
suitable for employee's performance of her duties as City Manager.
Employer shall also provide, at employer's expense, such supplies,
equipment, and material as may be required in the performance of
such duties.
SECTION NINE
MODIFICATION
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 the party to be charged
therewith.
SECTION TEN
SEVERABILITY
A11 agreements and covenants herein are severable, and in the
event any of them, with the exception of those contained in
Sections One, Three, and Six hereof, shall be held to be invalid
by
any competent court, this contract shall be interpreted as if such
Employment Agreement Page 4 of 5
invalid agreements or covenants were not contained herein.
SECTION ELEVEN
COMPLETE AGREEMENT IN WRITTEN CONTRACT
This written agreement embodies the whole 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
(_t
Rachel Ellison
City Recorder
Employee
By:
arla R. Hancock
Mayor
��..ei 9� /9�9
Date
-crl
Donna J. Metzler " Date
City Manager
Employment Agreement Page 5 of 5