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Home My Public Portal AboutPKT-CC-2016-10-06City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Councilmembers and Media From: Mayor David L. Sakrison Date: 10/5/2016 Re: Special City Council Meeting Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The City of Moab will hold a Special City Council Meeting on Thursday, October 6, 2016 at 5:30 PM. The purpose of this meeting will be: 1. Approval of Proposed Resolution #25-2016 - A Resolution Approving The Employment Agreement By and Between the City of Moab and David Everitt for the Position of Interim City Manager The meeting will be held in the City Council Cham rs t the City Center, 17 East Center Street, Moab, Utah. David L. Sakrison In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. REC-M EM-16-10-002 First EPA Green Power Community in the Nation AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 6, 2016 Agenda Item #: Title: Approval of Proposed Resolution #25-2016 — A Resolution Approving the Employment Agreement by and between the City of Moab and David Everitt for the Position of Interim City Manager Fiscal Impact: As outlined below Staff Presenter(s): Mayor David Sakrison (Prepared by Rachel Stenta) Department: Administration Applicant: N/A Background/Summary: Mayor Dave asked that I present a short analysis of costs for Interim versus Permanent City Management services. Our personnel costs for City Manager — including salary and benefits — have been approximately $12,918 per month. The Interim City Manager contract contemplates monthly costs for Interim services as $11,400. The employee will also be eligible for retirement contributions during the term of the contract as provided for in City Policies and Procedures. Additionally, the Interim position will not be eligible for paid leave time which under the previous contract was 20 days of paid personal leave and 13 paid sick days annually which represents approximately another $21,000 in annual compensation. Options: Approve, Deny or Postpone Staff Recommendation: Mayor recommends approval Recommended Motion: I move to approve (insert agenda title) Attachment(s): Proposed Resolution #25-2016 Proposed Employment Agreement Resolution #25-2016 A RESOLUTION APPROVING THE EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND DAVID EVERITT FOR THE POSITION OF INTERIM CITY MANAGER Whereas, the governing body of the City of Moab is desirous to engage the services of David Everitt 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 6th day of October, 2016. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #25-2016 Page 1 of 1 EMPLOYMENT AGREEMENT Interim City Manager By and Between the City of Moab and David Everitt This agreement (Agreement) is entered into between the City of Moab, State of Utah, a municipal corporation, herein referred to as Employer, and David Everitt, of Moab, Utah, herein referred to as Employee. The parties recite and declare that: a. 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. b. Employee, through his education and experience, possesses the requisite skills to perform such duties. c. 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 City Council of the City of Moab. 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. Employee is expected to carry out all functions under this Agreement in conformity with applicable Utah law and Moab ordinances. SECTION THREE DUTIES OF EMPLOYEE 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 Employment Agreement Page 1 of 3 City Council from time to time may require of him under the general supervision and direction of the City of Moab City Council, with day to day reporting to the Mayor.. SECTION FOUR TERMS OF EMPLOYMENT This Agreement shall be for a temporary term beginning on October 10, 2016 and terminating at the discretion of the City Council or by Employee for an initial term not to exceed 180 days. By mutual written agreement of the parties, this Agreement may continue on a month -to -month basis (or longer duration) after expiration of its initial term. Employee will assume full City Manager responsibilities and authority on October 11, 2016. Either party may terminate this Agreement at any time by giving written notice to the other party at least 30 days before the effective date of such action. In that event Employee shall be paid for all accrued pay and benefits provided by this Agreement through the date of termination. At all times the term of employment shall be at -will. Employee shall not be entitled to any process or other restrictions on discharge or transfer applicable to public employees generally, as otherwise provided by U.C.A. § 10-3-1105-1106. SECTION FIVE COMPENSATION Employer shall pay Employee, and Employee shall accept from employer, in full payment for Employee's services hereunder, compensation as follows: Employee shall be compensated at a monthly rate of $10,440; Employee will receive a per diem for Travel Expenses at a monthly rate of $960; Employee will be eligible for any applicable retirement contributions as allowed by Moab City Policies and Procedures. SECTION SIX OTHER EMPLOYMENT Employee is expected to devote full-time attention to his duties as City Manager Employee shall not engage in any other employment or consulting work which would present an actual or apparent conflict of interest between the interests of the City, the interests of any client and/or Employee's own interests. SECTION SEVEN MODIFICATION Employment Agreement Page 2 of 3 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 both parties. SECTION EIGHT SEVERABILITY All agreements and covenants herein are severable, and in the event any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if such invalid term(s) were not contained herein. SECTION NINE COMPLETE AGREEMENT IN WRITTEN CONTRACT This written Agreement embodies the sole and complete 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 By: Attest: Rachel E. Stenta City Recorder EMPLOYEE: David L. Sakrison Mayor Date David Everitt Date Interim City Manager Employment Agreement Page 3 of 3