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HomeMy Public PortalAboutRES-CC-2015-11-aResolution #11-2015-a A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND REBECCA DAVIDSON FOR THE POSITION OF CITY MANAGER Whereas, the governing body of the City of Moab is desirous to engage the services of Rebecca Davidson to serve for a limited 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 12th day of March, 2015. CITY OF MOAB By: Attest: Rachel E.=�r �etia City Reeo'r_cl , David L. Sakrison Mayor c Resolution #11-2015-a Page 1 of 1 ,,`,`kiikt 1111'e"..3 li ��' i r � 1 , ,9 I rr ; (� EMPLOYMENT AGREEMENT City of Moab, Utah and Rebecca B. Davidson THIS AGREEMENT is made and entered into this 20th day of March, 2015, by and between the City of Moab, Utah, a municipal corporation (the "City"), and Rebecca B. Davidson ("Davidson"), an individual. WHEREAS, the City Council of the City of Moab, Utah (the "City Council") wishes to employ the services of Davidson as City Manager of the City; WHEREAS, the City Council wishes to provide certain benefits, establish certain conditions of employment and set working conditions for the City Manager; and WHEREAS, Davidson wishes to accept employment as the City Manager of the City under the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Duties. a. The City agrees to employ Davidson as City Manager of the City of Moab, Utah, beginning on May 4, 2015 (the "Effective Date"). As City Manager, Davidson shall perform the duties described in the attached job description, the ordinances of the City, Utah law, and such other legally permissible and proper duties and functions as the City Council shall from time to time assign. This shall be a full-time occupation. b. During the term of this Agreement, Davidson agrees to remain in the exclusive employ of the City and neither to accept nor to become employed by any other employer. The term "employed" shall not be construed to include occasional teaching, writing, or volunteer work performed on Davidson's time off. Davidson shall not engage in any other business or consulting work for other persons having business with the City or regulated by the City, or engage in any business activities that would present a conflict of interest between her duties under this Agreement and her duties to any other person. 2. Term. The term of this Agreement shall be for three (3) years; provided, however, that nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Davidson at any time for any reason, subject only to the provisions set forth in Section 5 hereof; and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Davidson to resign at any time from her position with the City for any reason, subject only to the provisions set forth in Section 5 hereof. 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. 1 3. Salary. The salary to be paid to Davidson for her services as.City Manager shall. be One Hundred Fifteen Thousand dollars ($115,000.00) annually ("Base Salary"), which shall be paid periodically in the same manner as other employees of the City are paid. Davidson may. receive annual salary increases at the City Council's discretion based upon the CityCouncil's assessment of her perfonnance. Davidson shall be eligible for cost of living increases to the extent those increases are awarded to other employees of the City. 4. Benefits. In addition to the Base Salary, Davidson shall receive the following benefits during her employment as City Manager: a. Insurance. To the extent provided under the City's benefit package, health, life, vision and dental insurance shall be paid by the City for Davidson and her dependents in the same manner as all other full-time employees of the City, provided that coverage shall commence on the Effective Date. b. Disability. To the extent provided under the City's benefit package, the City shall pay for short-term and long-term disability benefits for Davidson in the same manner as for all other full-time employees of the City. c. Administrative Leave, Holidays, Vacation and Sick Leave. On the Effective Date and at each annual anniversary thereafter, Davidson shall receive twenty (20) days of administrative leave, ("Administrative Leave"), which may be used by Davidson for personal reasons, vacation or sickness. Unused Administrative Leave shall not accumulate from year to year, and shall be converted to cash annually, compensated at the rate of pay that applied at the time the vacation was earned. Upon resignation, retirement or termination of employment, Davidson shall be compensated for accrued Administrative Leave, but not for accrued sick leave. Davidson shall be entitled to sick leave, 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. d. Retirement. Davidson shall be entitled to retirement benefits in the same manner as all other full-time employees of the City. e. Moving Expenses. The City shall pay the sum of three thousand dollars ($3,000.00) as an allowance for Davidson's moving expenses. f. Equipment. The City shall provide Davidson with an Apple iphone (version b or more recent) cellular phone, an Apple iPad, and a laptop computer for her use for City business. As Davidson will be conducting City business at all hours, this equipment may also be used by Davidson for reasonable personal use. All equipment issued to Davidson will remain the Property of the City. g. Vehicle. The City shall provide Davidson with non-exclusive use of an automobile from the City's pool of vehicles on an as -needed basis for her use during her 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 2 maintaining and fueling the vehicle. The vehicle shall be used by Davidson for the performance of her job duties and job -related travel. If a City pool vehicle is not available, Ms. Davidson will be eligible for mileage reimbursement from the City at the same rate authorized for other full-time employee travel. 5. Severance. a. Except as otherwise provided in this Section, if Davidson is terminated by the City Council without cause during such time that Davidson is willing and able to perform the duties of the City Manager, the City agrees to pay Davidson a lump -sum severance payment equal to nine (9) months of her Base Salary as applicable at the time of separation. The severance payment described herein shall be a one-time payment and is not intended to be an extension of employment. Nothing in this Subsection (a) is intended to alter Davidson' leave rights under the Family Medical Leave Act. All severance pay shall be subject to applicable wage withholding taxes b. If Davidson is terminated for cause the City has no obligation to pay the severance payment. The term "for cause" shall mean: i. The conviction for a misdemeanor offense involving an act of violence against another person, a crime of dishonesty or false statement, fraud or a financial crime, or for any felony; ii. acts of sexual harassment or unlawful employment discrimination; willful or intentional falsification of City records; iv. intoxication while on duty; v. theft of City property; or vi. engaging in transactions involving a conflict of interest, which shall mean engaging in transactions involving a pecuniary, property, or commercial interest, or any other interest the primary significance of which is economic gain or the avoidance of economic loss to Davidson which may conflict with her duties or obligations to the City. c. A determination that Davidson's termination is "for cause" shall be made by a majority vote of the City Council. Any such decision shall not alter the at - will nature of Davidson's employment. d. If Davidson voluntarily resigns her position as City Manager or Davidson is unwilling to perform her job duties, Davidson shall not be entitled to the severance payment. e. At Davidson's option, her employment shall be deemed to have been terminated and she shall be entitled to severance as set forth in this Section 5 if any of the following events occur: 3 i. Davidson' salary or other financial benefits are reduced below her Base Salary; ii. The City fails to provide Davidson with a benefit set forth herein, after the City's receipt of written notice from Davidson of such failure and a reasonable time to cure. 6. Hours of Work. It is recognized that the City Manager must devote a great deal of her time outside normal office hours to the business of the City. The City Manager position is a full-time position which, from time to time, any require work on weekends, during evening hours, or on holidays. Davidson shall be considered an exempt employee for purposes of the Fair Labor Standards Act, and shall not be entitled to overtime compensation. 7. Professional Development. Subject to such amounts as may be budgeted, the City, in its sole discretion, shall pay for expenses related to Davidson' continuing professional development, which includes attendance at various national or state conferences, seminars, and continuing education programs. The City shall reimburse Davidson' expenses for other reasonable memberships, registration, travel, meals or lodging in association with business - related conferences, education or other meetings, according to approved accounts in each annual budget. 8. Performance Evaluations. Within thirty (30) days of the Effective Date, the City Council shall provide Davidson with a written document setting forth the goals for Ms. Davidson, their priorities, and other relevant expectations for her first year as the City Manager (the "Goals and Expectations Document"). Within one year of the Effective Date, the City Council shall provide Davidson with a performance evaluation, which shall include a review of how well Ms. Davidson is performing in relation to the Goals and Expectations Document. Ms. Davidson may be eligible for an increase to her Base Salary based on the results of her performance evaluation, which shall become effective as of the one year anniversary of the Effective Date. Thereafter, the Council shall provide Davidson with a written performance evaluation at least once every twelve (12) months on or before the twelve (12) month anniversary of the Effective Date. Davidson shall file a timely written response to each performance evaluation. Following such response, the Council and Davidson shall meet to discuss the performance evaluation. 9. Indemnification. Davidson shall be defended and indemnified by the City for all actions or inactions undertaken by her in her 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. 4 11. Miscellaneous. a. Governing Law Venue; Jury Waiver. This Agreement shall be governed by the laws of the State of Utah. The exclusive venue for any dispute arising from this Agreement shall be the Seventh Judicial District Court, Grand County, Utah. Any dispute arising under this Agreement 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 obligations of this Agreement. c. I_ntegration. This Agreement constitutes the entire Agreement between Davidson 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 the parties. g. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto shall be assigned by either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. CITY O " OAB, UTAH David L. Sakris, Mayor ATTEST: Rachel E. Stem., City Recorder Date 5 City of Moab/Davidson Employment Agreement Signature Page REBECCA B. DAVIDSON Re ecca B. Davidson kAtua zf Date 6 INSERT JOB DESCRIPTION 7 Class Title: City Manager Department: Administration Division: Administration GENERAL, PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: E5. Effective Date: Date Revised: 3/21/97 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 provides broad policy and general guidance and direction to department heads; provides close to general supervision to personnel in the administrative department. ESSENTIAL FUNCTIONS Manages the day-to-day operations and internal affairs of the City; develops policies, procedures and processes as needed to implement the decisions of the City Council; performs and directs research on issues, policies, and political developments; advises and apprises the governing body as needed; approves recommendations for executive and administrative actions; makes recommendations for legislative actions; 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. As Chief Executive Officer, assumes responsibility for full and effective utilization of City personnel by establishing overall departmental objectives, priorities and standards; serves as final hiring authority for all non-exempt and most exempt City positions; acts as Personnel Director; monitors human resource management activities related to advancement, discipline, and discharge; supervises administrative departmental staff; evaluates performance; determines priorities and delegates assignments. City Manager 03/21/97 Page 1 of 3 Manages the preparation and administration of the City's budget; submits budget and capital improvement programs to the Mayor, Council and department heads; monitors overall fiscal activity of the City to assure compliance with established budgets; apprises City Council regarding ongoing financial status of the City. Directs City operations through subordinate department heads; coordinates City-wide management activities and facilitates implementation strategies; conducts program evaluations; coordinates with department heads to implement changes in City policy and processes; apprises City Council members of emergencies. Attends and/or conducts various City meetings; advises City boards and commissions; attends City Council meetings; proposes alternatives and options; makes recommendations; solicits legal responses and positions from the City Attorney. Represents the City as directed by the governing body; participates in intergovernmental consortiums to establish mutual relationships and programs; facilitates and participates in interagency, intergovernmental and private enterprise programs and projects as needed. Develops State -of -the -City reports; issues public statements to the press and responds to questions from the press related to City management, policies, procedures, administrative decisions, etc.; assumes responsibility for general public relations activities. Serves as arbitrator or adjudicator of complaints filed against or between City employees, departments, divisions, or services; negotiates to achieve mutually agreeable solutions. Exercises general supervision over public property under the jurisdiction of the City. Performs related duties as required. MINIMUM QUALIFICATIONS A. Education and Experience City Manager 1. Graduation from an accredited college with a Master's degree in business or public administration or related field AND 2. Five (5) years of progressively responsible experience in municipal management OR 3. An equivalent combination of education and experience 03/21/97 Page 2 of 3 B. Required Knowledge, Skills and Abilities 1. Thorough knowledge of management theory, methods and practices; municipal and fiscal accounting principles, practices and procedures; municipal organizations and department operations including applicable laws and regulations; budgeting, accounting and related statistical procedures; various revenue sources available to local governments, including state and Federal sources. Considerable knowledge of state laws as they apply to city management practices; human resource management practices and procedures. 2. Considerable skill in resolving disputes and complaints from the public. 3. Ability to analyze a variety of financial problems and make decisions; coordinate a variety of intra-governmental policy matters between the governing body and department heads; plan, organize, direct and supervise the work of professional and administrative subordinates; communicate effectively orally and in writing; establish and maintain effective working relationships with the Mayor and City Council, department heads, intergovemmental agencies, employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment, must possess a valid Utah driver's license. D. 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. SELECTION GUIDELINES Formal application; interview with goveming body. Successful completion of a pre- employment drug and alcohol screen test. City Manager 03/21/97 Page 3 of 3