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HomeMy Public PortalAboutPKT-CC-2015-03-20City 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: 3/19/2015 Re: Special City Council Meeting Mayor: Council: David L. Sakrison Kyle Bailey Heila Ershadi Doug McElhaney Kirstin Peterson Gregg W. Stucki The City of Moab will hold a Special Meeting on Friday, March 20 at 10:00 AM. The purpose of this meeting will be: NEW BUSINESS Approval of Resolution #11-2015 - A Resolution Approving the City Manager Contract. The meeting will be held at the Moab City Center, Council Chambers, 217 East Center St., Moab, Utah. Mayor David L. Sakrison Mayor 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-15-03-004 First EPA Green Power Community in the Nation EMPLOYMENT AGREEMENT City of Moab, Utah and Rebecca B. Davidson THIS AGREEMENT is made and entered into this day of , 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 _, 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 City Council's assessment of her performance. 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 6 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; iii. 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. Integration. 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. £ 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. ATTEST: CITY OF MOAB, UTAH David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Date 5 City of Moab/Davidson Employment Agreement Signature Page REBECCA B. DAVIDSON Rebecca B. Davidson Date 6 INSERT JOB DESCRIPTION 7