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Home My Public Portal About2024.03.18 Interim City Manager Phil Kushlan INTERIM CITY MANAGER AGREEMENT Whereas,the City of McCall,Valley County, Idaho, an Idaho municipal corporation("the City"),has adopted, pursuant to Chapter 8,Title 50, Idaho Code, a council-city manager form of government and, Whereas, Phillip Kushlan, ("the Interim City Manager") was chosen at a duly noticed Council meeting held on March 18, 2024, as the Interim City Manager of the City to be effective March 19, 2024 and, Whereas, the City Council met on March 18, 2024, to discuss the effective date and consider the terms of employment as countered by the Interim City Manager and mutually state and memorialize their current objectives for the duties and responsibilities of the Council and the Interim City Manager. Now, therefore, the City and the Interim City Manager agree to the following terms: Section 1. Duties. The Interim City Manager shall perform all the duties of a city manager as defined by Chapter 8, Title 50, Idaho Code and the applicable provisions of the McCall City Code. Section 2. Service at the Pleasure of the Council. Nothing in this agreement or otherwise shall alter the provisions of Section 50-811, Idaho Code, which state, in part, that the City Manager shall "hold office at the pleasure of the majority of the members [of the city council]". The Interim City Manager's term of service shall not be governed by the terms of the Personnel Policy of the City. Section 3. Term. This agreement shall remain in full force and effect from March 19, 2024, until terminated by the City or the Interim City Manager as provided in Sections 5, 6 or 7 of this agreement. Section 4. Compensation, Performance Evaluation, Vacation and Sick Leave, and Benefits. (a) The City shall compensate the Interim City Manager as an FLSA Exempt employee at a base salary of$154,325 per year, payable in equal installments every 2 weeks. (b) The Interim City Manager shall receive a market adjustment to salary of the same percentage as other employees of the City if the Council has allowed such an increase to the employees of the City, each year on October 1 st (c) The Interim City Manager will receive a one-time contribution to the vacation bank of eighty (80) hours, to be made upon hire. The Interim City Manager will receive a one-time contribution to the sick leave bank of eighty (80) hours, to be made upon hire. The Interim City Manager will not receive any additional vacation accrual hours,or sick leave accrual hours,unless Page 1 of 4 Interim City Manager March 18,2024 the interim employment period exceeds six months at which time the Interim City Manager would accrue 6.47 hours of vacation and 3.69 hours of sick leave per pay period for the duration of the interim appointment. The Interim City Manager shall report the use of any vacation or sick leave to the City Human Resource Manager or assistant; provided, however, that for sick leave of greater than one week, the City Human Resource Manager or the City Council may request certification in writing from a physician of the necessity of such leave. Also, for total time off at any one period which is in excess of twenty (20) consecutive business days, prior approval of the Council will be required. In all cases of separation of employment, whether by termination as defined in Section 5 or not, the City Manager shall be compensated for all accrued vacation time; accrued and unused sick leave is not compensable. This compensation shall be paid in a lump sum unless otherwise agreed to by the City and the City Manager. However, the City Manager shall not be entitled to receive the value of any benefits that would have accrued during such an unused vacation. (d) Your schedule may include some flexibility, but it is mutually understood that this position generally requires that you work five (5) days per week, and a minimum of forty (40) hours per week. (e) Secondary employment to fulfill known commitments to existing clients is allowed to continue in accordance with the guidelines stated in the personnel policy manual for such. (f) The Interim City Manager shall not be entitled to insurance benefits, to include health, dental, vision, life, Health Reimbursement Account, Employee Assistance Program,per the same rules that apply to all other City employees classified as temporary employees. (g) The Interim City Manager shall not be enrolled in a retirement plan through the Public Employee Retirement System of Idaho (PERSI) per the same rules that apply to all other City employees classified as temporary employees. (h) The City shall also reimburse the Interim City Manager for travel and related expenses such as membership of professional organizations as such expenses accrue. These obligations shall specifically include (1) payment for registration and attendance at the Association of Idaho Cities (AIC) annual conference; (2) payment for registration and attendance at the Idaho City Managers Association (IdCMA) meetings. The City may also pay for costs related to attendance at additional conferences and/or meetings that are directly related to the scope of work performed by the City Manager if there are sufficient funds budgeted. (i) The City shall provide insurance compliant with provisions of Idaho Code §59-804 for the terms and responsibilities of.the Interim City Manager to the extent required by the Idaho Code bonding for public officials. (j) The City shall provide the Interim City Manager with a city issued smartphone and laptop for City business. Page 2 of 4 Interim City Manager March 18,2024 (k) The City shall reimburse the Interim City Manager for the use of personal vehicles when traveling to locations outside the City limits at the established allowable federal cost per mile rate. Section 5. Termination. For the purposes of this agreement, termination shall occur when: (a) The majority of the City Council votes to terminate the City Manager at a properly noticed public meeting. The City Manager's employment and compensation with the City of McCall are "at will" in that employment can be terminated with or without cause, by the City or the Interim City Manager, except as otherwise provided by law. (b) If the City, citizens, or legislature acts to amend any provision of the code pertaining to the form of government of the City of McCall, the Interim City Manager shall have the right to declare, but no more than sixty(60) days prior to the effective date of that amendment, that such amendment constitutes termination.If the City reduces the base salary, compensation,or any other employee benefits of the Interim City Manager, and unless the reduction is applied in no greater percentage than the average reduction of such salary and/or benefits of all department heads, such action shall constitute breach of this agreement and will be regarded as termination. (c) If the City Manager resigns following an offer to accept resignation, whether formal or informal,by the City as representative of the majority of the City Council requesting that the City Manager resign,then upon such resignation by the City Manager the City may declare termination as of the date of the suggestion or request to resign. (d) Breach of contract declared by either party in writing which remains uncured after thirty (30) days. (e) If the Interim City Manager is permanently disabled or is otherwise unable to perform the. assigned duties because of sickness, accident, injury, mental incapacity, or health even with reasonable accommodation for a period of four (4) successive weeks beyond any accrued sick leave, the City shall have the option to terminate this Agreement immediately, subject to the provisions of Section 6. Section 6. Severance. Severance shall not be paid to the Interim City Manager when employment is terminated, either voluntarily or involuntarily, based on the temporary nature of the assignment and acknowledgement of such by the City and the Interim City Manager. Section 7. Resignation. The Interim City Manager shall resign his or her position with the City after a permanent City Manager is hired and begins work. During the transition from the interim to the permanent City Manager, the Interim City Manager may assist in orienting the permanent City Manager to the position. In the event the Interim City Manager voluntarily resigns prior to the permanent City Page 3 of 4 Interim City Manager March 18,2024 Manager beginning work,he or she shall provide a minimum of fourteen(14)days written notice, unless the parties agree otherwise.The City Manager shall not use any accrued paid vacation days during said fourteen-day period unless both parties agree in writing. Section 8. Entire Agreement—Written Modifications. This agreement as written constitutes the entire agreement of the parties, and no oral or written communications shall be considered part of this agreement. The terms of this agreement may be re-opened at either party's initiative with both parties' concurrence. This agreement may only be modified in writing with the signature of both parties. Section 9. Savings Clause. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Section 10. Effective Date. The effective date of this Agreement shall be March 19, 2024. Dated this 18th day of March 2024. CITY OF McCALL: INTERIM CITY MANAGER: (Ti1_- 'obe S. 'es, ayor Pfii lip Kus an, nterim City Manager ATTEST: APPROVED AS TO FORM: I 1 :essieJo agner, Ci' Clerk William Nichols, City Attorney Page 4 of 4 Interim City Manager March 18,2024