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HomeMy Public PortalAboutRES-CC-2012-06Resolution #06-2012 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND CITY MANAGER DONNA J. METZLER Whereas, the governing body of the City of Moab is desirous to engage the services of Donna J. 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 2/ day of March, 2012. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #06-2012 Page 1 of 1 EMPLOYMENT AGREEMENT By and Between the City of Moab and Donna J. Metzler Agreement between the City of Moab, State of Utah, a municipal corporation, herein referred to as Employer, and Donna J. 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 the City of Moab under the direction of the governing body of the City of Moab 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 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 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 City of Moab Employment Agreement Page 1 of 4 governing body. 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 28th day of March, 2012 and ending the 27th day of March, 2015. 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, breech of the provisions or terms of this contract, or illegal 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 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. SECTION SEVEN OTHER EMPLOYMENT Employee shall not engage in outside employment. Employment Agreement Page 2 of 4 SECTION EIGHT FACILITIES, SUPPLIES, AND ASSISTANCE Employer shall furnish employee, at Employer's expense, with office facilities within the city offices that are 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 parry to be charged therewith. SECTION TEN 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 Six 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 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. Employment Agreement Page 3 of 4 By: Attest Rachel E. Stenta City Recorder Employee CITY OF MOAB David L. Sakrison Mayor Date Donna J. Metzler Date City Manager Employment Agreement Page 4 of 4