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HomeMy Public PortalAboutRES-CC-2015-02Resolution #02-2015 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND RACHEL E. STENTA FOR THE POSITION OF INTERIM CITY MANAGER Whereas, the governing body of the City of Moab is desirous to engage the services of Rachel E. Stenta 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 13th day of January, 2015. CITY OF MOAB By: Danielle Guerrero . Deputy City Reorder David L. Sakrison Mayor Resolution #02-2015 Page 1 of 1 " " \ k ) ��'.' " / t y I` i' 1 ,r ; / 1 1( i�� V " (\QQ �� V ( 1 j / r ����" 6�� /riittiittiIs \. EMPLOYMENT AGREEMENT Interim City Manager By and Between the City of Moab and Rachel E. Stenta Agreement between the City of Moab, State of Utah, a municipal corporation, herein referred to as Employer, and Rachel E. Stenta, of 684 No. McCormick Blvd., 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 an Interim City Manager during recruitment of the City Manager position. 2. Employee, through her education and experience, possesses the requisite skills to perform such duties and is currently appointed to the position of City Recorder/Assistant City Manager. 3. 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 governing body of the City of Moab. 4. City Recorder functions as outlined in Utah State Code Annotated 10-3-916 and Moab Municipal Code 2.12 will be managed during the contract period under the direction of Employee. 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. SECTION THREE DUTIES OF EMPLOYEE Employment Agreement Page 1 of 3 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 governing body from time to time may require of her, under the general supervision and direction of the City of Moab governing body. SECTION FOUR TERMS OF EMPLOYMENT This agreement shall be for a temporary term beginning on January 14, 2015 and terminating at the discretion of the City Council or by Employee for an initial term not to exceed 120 days. Employee will not assume full City Manager responsibilities and authority until the current City Manager's departure on February 13, 2015. Employee may terminate her assignment as Interim City Manager at any time by giving written notice to the City at least 30 days before the effective date of such notice. SECTION FIVE COMPENSATION Employer shall pay Employee, and Employee shall accept from employer, in full payment for Employee's services hereunder, compensation as follows: At Grade and Step E5-L, according to the City of Moab Compensation Chart. Employee shall be entitled to cost of living adjustments to the pay rate schedule, as approved by the City Council. 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. At the termination of contract, Employee shall be eligible for any merit increases for the position of City Recorder/Assistant City Manager that were forfeited during the contract period. At termination of the contract, Employee shall resume the full time position of City Recorder/Assistant City Manager as specified by applicable Utah State Code and Moab Municipal Code Chapter 2.12. SECTION SIX OTHER EMPLOYMENT Employee shall not engage in outside employment. SECTION SEVEN MODIFICATION No modification or waiver of this agreement or of any covenant, condition, or provision herein Employment Agreement Page 2 of 3 contained shall be valid unless in writing and duly executed by the party to be charged therewith. SECTION EIGHT SEVERABILITY All agreements and covenants herein are severable, and in the event any of them, with the exception of those contained in Sections One, Three, and Five hereof, shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION NINE 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 for the position of Interim City Manager. In witness whereof, the parties have executed this agreement at Moab City, Utah the date and year written below. By: Danielle Guerrero Deputy City Recorder Employee CITY OF MOAB David L. Sakrison Mayor �- It Date Rachel E. Stenta Date Interim City Manager Employment Agreement Page 3 of 3 " S��f1�� i/ Ifr " " (0:1? )J1 f r�� r �� " `�� fE. .ffi \ ��������fffflffff',\`�� .et 1 /(iiiilll11"\\ - EMPLOYMENT AGREEMENT Interim City Manager By and Between the City of Moab and Rachel E. Stenta Agreement between the City of Moab, State of Utah, a municipal corporation, herein referred to as Employer, and Rachel E. Stenta, of 684 No. McCormick Blvd., 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 an Interim City Manager during recruitment of the City Manager position. 2. Employee, through her education and experience, possesses the requisite skills to perform such duties and is currently appointed to the position of City Recorder/Assistant City Manager. 3. 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 goveming body of the City of Moab. 4. City Recorder functions as outlined in Utah State Code Annotated 10-3-916 and Moab Municipal Code 2.12 will be managed during the contract period under the direction of Employee. 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. SECTION THREE DUTIES OF EMPLOYEE Employment Agreement Page 1 of 3 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 governing body from time to time may require of her, under the general supervision and direction of the City of Moab governing body. SECTION FOUR TERMS OF EMPLOYMENT This agreement shall be for a temporary term beginning on January 14, 2015 and terminating at the discretion of the City Council or by Employee for an initial term not to exceed 120 days. Employee will not assume full City Manager responsibilities and authority until the current City Manager's departure on February 13, 2015. Employee may terminate her assignment as Interim City Manager at any time by giving written notice to the City at least 30 days before the effective date of such notice. SECTION FIVE COMPENSATION Employer shall pay Employee, and Employee shall accept from employer, in full payment for Employee's services hereunder, compensation as follows: At Grade and Step E5-L, according to the City of Moab Compensation Chart. Employee shall be entitled to cost of living adjustments to the pay rate schedule, as approved by the City Council. 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. At the termination of contract, Employee shall be eligible for any merit increases for the position of City Recorder/Assistant City Manager that were forfeited during the contract period. At termination of the contract, Employee shall resume the full time position of City Recorder/Assistant City Manager as specified by applicable Utah State Code and Moab Municipal Code Chapter 2.12. SECTION SIX OTHER EMPLOYMENT Employee shall not engage in outside employment. SECTION SEVEN MODIFICATION No modification or waiver of this agreement or of any covenant, condition, or provision herein Employment Agreement Page 2 of 3 contained shall be valid unless in writing and duly executed by the party to be charged therewith. SECTION EIGHT SEVERABILITY All agreements and covenants herein are severable, and in the event any of them, with the exception of those contained in Sections One, Three, and Five hereof, shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION NINE 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 for the position of Interim City Manager. In witness whereof, the parties have executed this agreement at Moab City, Utah the date and year written below. By: hest U — Danielle Guerrero _- Deputy City Recarder�. Employee Rachel E. Stenta Interim City Manager CITY OF MOAB David L. Sakrison Mayor Date I--i3-15 Date Employment Agreement Page 3 of 3