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HomeMy WebLinkAbout2013-01-17-Resolutions 13-019_City Administrator Appointment - ContractTHE CITY OF WAUKEE,IOWA RESOLUTION 13-019 APPROVING THE APPOINTMENT OF A NEW CITY ADMINISTRATOR FOR THE CITY OF WAUKEE AND ESTABLISHING TERMS OF EMPLOYMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County;AND, WHEREAS,the Waukee City Council has conducted a search for a City Administrator of the City of Waukee and desires to appoint and lure a new City Administrator to fulfill the duties of that position;AND WHEREAS,it is desirable to establish the terms and conditions under which the City Administrator will be employed;AND NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that Tim Moerman should be and the same is hereby appointed as City Administrator effective February 18,2013,and shall be responsible for the duties of the City Administrator,subject to the terms and conditions set forth in exhibit "A", BE IT FURTHER RESOLVED that the Employment Contract attached hereto as Exhibit "A"is hereby approved and the Mayor is authorized to execute the same together with any and all documents necessary to effectuate the Employee's continued participation in the ICMA-RC in the manner required by the employment contract. Attest: BradlYM.J)(:ts,Interim City Administrator ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X X NAY ABSENT ABSTAIN EXHIBIT A CITY OF WAUKEE EMPLOYMENT CONTRACT AND AGREEMENT THIS EMPLOYMENT CONTRACT AND AGREEMENT made and entered into this ntV\day of 1()l/ll~~t,2013,by and between the City of Waukee,Dallas County,Iowa, by its Council Members (h ireinafler referred to as "Employer")and Tnn Moerman,an individual and resident of the State of Iowa (hereinafter referred to as "Employee")both of whom understand as follows: WHEREAS,the Employer desires the services of the Employee,to serve in the capacity of City Administrator;and WHEREAS,Employee desires to obtain employment as City Administrator;and The Parties,as a condition precedent to the employment of employee hereunder,agree that the employee: I)Shall submit to a pre employment drug screen by providing a sample for testing at the time and place designated by employer,in the manner prescribed under applicable law for said testing.The test results must reflect that the employee has not had contact with,ingested or otherwise used any illegal non prescribed medications;and 2)Hereby consents to the employer conducting a police background check and that the said background check shall reflect that Employee has not been arrested,charged or convicted of any offense other than traffic related simple misdemeanor. NOW,UPON FULFILLMENT OF THE CONDITIONS PRECEDENT BY EMPLOYEE, THE PARTIES AGREE AS FOLLOWS: I)The term of this Agreement shall be deemed to commence on the 18th day of February,2013,until terminated ("Termination Date"),and Employee agrees to remain in the exclusive employment of the Employer until said date,and further agrees not to accept employment,nor to become employed,by any other employer unless this agreement is terminated in the manner provided in Paragraph 2 of this agreement. 2)The Employee understands that he shall serve as City Administrator of the City of Waukee,Dallas County,Iowa,at the pleasure of the Council.The employment relationship between the parties is at will.Nothing in this Agreement shall prevent,limit,or otherwise interfere with the right of the Council to determine that the Employee shall no longer serve as City Administrator,subject only to the provisions set forth in this Agreement. ~t ~ A.Termination Without Cause.In the event the Employer wishes to terminate the contract without just cause,it may do so by giving the Employee notice,in writing.In such event,the Employee,if requested by the Employer,shall continue to render his services and shall be paid his regular compensation up to the date of termination.Upon issuance of such termination notice,the Employer recognizes that adverse circumstances in which the Employee has been placed and,therefore,agrees to pay the Employee,at the time of termination,a severance equal to Q months (if terminated in the I st year);and reducing by one month per year to 4 months (5 months if terminated in the 2nd year;4 Months if terminated in the 3rd year;4 months if terminated thereafter);salary to the Employee and make available health and Dental insurance,for that number of months under the same terms and conditions available to other non-contract department heads employed by the City for a period equal to the severance as full and complete settlement for all damages sustained by the Employee,in addition to whatever accrued and unused vacation the Employee may have. I)In the event the Employer reduces the salary or other benefits of employee in a greater percentage than an applicable across the board reduction for all non contract Department Heads employed by Employer,or in the event the Employer refuses to comply with other provisions benefiting employee herein, following notice and an opportunity to cure as required by this agreement,or the employee resigns following a formal suggestion by the majority of the City Council that he resign,then in that event,employee shall be deemed terminated without cause. B.Termination for Just Cause.Nothing in this Agreement shall be deemed to prevent the Employer from terminating the employment of tile Employee,for cause,which shall be deemed to mean breach of the terms of this agreement, neglect of duty (The willful and unjustified abandonment of a person's duties or obligations),misconduct in office (Any unlawful behavior by Employee in relation to the duties of his office,willful in character),insubordination (Refusal to obey some order whicb governmental body is entitled to give and have obeyed),conviction of any public offense involving moral turpitude, violation of Employer's Employee Handbook,participation in political activity or election for any City Office except by casting a vote in a voting booth.In the event of termination,pursuant to the provisions of this section, no damages or severance pay shall be paid to the Employee. C.DeathlDisability.In the event that employee is unable to fulfill his duties herein,by reason of death or disability,the agreement may be terminated by either party,at any time,and no damages or severance paid.In the event of death the contract shall terminate immediately,and in the event of disability, upon 30 days written notice to employee. D.Employee Resignation.The Employee may terminate this agreement only upon 45 days written notice given in advance of his resignation date upon such event no severance or damages will be paid. 3)That the Employee shall perform those duties as outlined in the Ordinance entitled "City Administrator"and in the enacted Ordinances which establish the City Administrator position,as may be changed from time to time in the sole discretion of the City Council of the City of Waukee.Employee shall perform those duties with the utmost integrity and with strict adherence to the ethical laws,rules and guidelines of the State of Iowa and City Management Associations and organizations of which employee is a member at any time during employee's service hereunder.Furthermore,Employee shall perform his duties in a manner consistent with Iowa Law. 4)That the Employee shall devote his time and talents to the best of his abilities to the best interest of the City of Waukee,Dallas County,Iowa. 5)Employer agrees to pay Employee lor his services rendered,at an annual base salary of $132,000.00 for the contract term payable in equal installments at the same time as other Employees of the Employer are paid.Effective July 1,2013, Employee annual base salary shall be increased to $134,000.00.The amount of said base salary shall be set by Employer resolution,which resolution,when adopted shall become a part of this Section of the Agreement. The salary of the Employee may be adjusted by the City Council of the City of Waukee,after undertaking the annual review in accordance with paragraph 10. 6)It is understood that the Employee will normally work at least forty (40)hours per week,exclusive of scheduled Council meetings but it is also recognized that the Employee must devote a great deal of time outside the normal office hours to the business of the Employer,and to that end,Employee may vary his schedule accordingly. 7)Employer shall defend,hold harmless and indemnify Employee against tort or liability claim or demand or any other legal action arising from City activities or any alleged act or omission occurring in the performance of Employee's duties as City Administrator;provided said acts are not in violation of any State or federal laws or criminal statues. 9)Employee shall be entitled to those benefits set out below until this agreement is terminated by either party,unless otherwise provided: A.VACATION.The Employee shall receive three (3)weeks of paid vacation during the first calendar year and (4)weeks of paid vacation per year thereafter.Said vacation shall accrue and be available for Employee in the same manner as non-contract department heads employed by the City.The Employee may carry-over unused vacation in the same manner as other non-contract Department heads,as may be changed from time to time in the discretion of the City Council.In the event of termination,accrued but unused vacation will be paid. B.SICK LEAVE.The Employee shall accrue and have credited to his sick leave account,sick leave in the same manner as other non contract department heads employed by the City as may be changed from time to time by the Council. 11,e Employee may carry-over unused sick leave in the same manner as other non contract department heads,as may be changed from time to time in the discretion of the City Council.In the event of termination or resignation,accrued but unused sick leave will not be paid. C.HOLInAYS.Employee is considered to be on-call twenty-four (24) hours a day;however,unless his services are needed,the Employee shall not be required to work on those days which have been designated as holidays in the City's Personnel Policy. D.OVERTIME.Employee shall not claim,receive nor be eligible for overtime pay. E.PROFESSIONAL DUES AND TRAINING.Employer shall budget and pay for professional dues necessary for Employee's membership in various associations and organizations which are necessary and desirable for his continued professional participation and growth for the good of the Employer,and to pay for any professional development or traioing expenses that have been approved by the City Council.Those memberships deemed to be necessary and desirable shall include national and state city management association(s)and the Iowa League of Cities.The Employer shall pay all reasonable and necessary expenses including travel and sustenance expenses associated with Employees attendance at the Annual Conference of the International City Management Association and State City Association Conference(s). F.CAR ALLOWANCE.Employee needs an automobile to carry out his duties as City Administrator.Employer shall provide a car allowance of $400.00 per month with no additional pay for in/out of town mileage travel.The Employee shall be responsible for the purchase,operation,maintenance,repair, insurance and replacement costs of any automobile he may use for said purpose. G.HEALTH INSURANCE.The Employee may participate in other benefits such as health and major medical group program chosen by the Employer and made available to Department Heads,as may change from time to time in the employer's sole discretion,under the same terms and conditions as such other employees. -4- H.LIFE INSURANCE.The Employer shall provide a twenty thousand ($20,000)dollar term life insurance policy,covering the employee at no expense to the employee until this agreement is terminated by either patty. 1.CIVIC MEMBERSHIP.The Employer recognizes the desirability of representation in and before local civic organizations,and employee is authorized to become a member of 1 such civic club or organization,for which the City shall pay all dues.This does not include any country club,health club,or other organization whose primary purpose is entertainment or the arts. 10)Performance Evaluation A.Commencing in the calendar year 2014,the Council,or their designee, shall review and evaluate the performance of the Employee,in writing,on or before December 31 st of each year during the term of this Agreement.Said review and evaluation shall be in accordance with specific criteria developed jointly by the Employer and the Employee.Said criteria may be added to or deleted from,as the Council may,from time to time,determine in consultation with the Employee. B.Annually,the Council and the Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives,and shall further establish a relative priority among those various goals and objectives,said goals and objectives to be reduced to writing.They shall generally be attainable within the time limitations,as specified,and the annual operating and capital budget and appropriations provided. C.In effectuating the prOVISIOns of this Section,the Council and the Employee mutually agree to abide by the provisions of applicable law. II)RETIREMENT.The Employer agrees to execute all necessary documents provided by the International City Management Association-Retirement Corporation (lCMA-RC)for employee's continued participation in said retirement plan.In addition to the base salary paid by 111eEmployer,Employer shall pay an amount equal to $3,139.00 into the ICMA-RC on Employee's behalf,in equal proportionate amounts each pay period.Employer agrees,in the event of employee's resignation or discharge,to transfer ownership to succeeding employers of Employee, In addition,Employee desires to participate in IPERS. 12)MOVING EXPENSES.Employer shall pay pre-approved employee's moving expenses from Ankeny,Iowa to Waukee,Iowa.This includes the expenses of a moving company,professional packaging,loading and unloading,transportation and insurance relative to only household goods.Employee shall obtain and submit a minimum of three (3)bids including all expenses identified herein for which employee seeks payment pursuant to this provision.Employer shall select the company based on the bids submitted. 13)BREACH OF CONTRACT.A breach of contract may be declared by either party upon the submission of a written notice in accordance with paragraph 14 herein.Upon receipt of any such notice the breaching party shall have 30 days to cure any bono fide breach.In the event the breach is not cured within the 30 day cure period this agreement shall be considered terminated.In the event of a non- cured bona fide breach by Employer,the termination provisions contained in paragraph 2A shall apply and no further damages or additional severance shall be paid.In the event of a non-cured bona fide breach by Employee,thc termination provisions contained in paragraph 2B shall apply and no damages or severance shall be paid.Nothing in this provision shall be construed to limit or preclude either party from pursuing their legal remedies. 14)NOTICES.Notices required herein shall be delivered to the parties through either the United States Postal Service or Personal Service in accordance with the Iowa Rules of Civil Procedure.Said notices,if mailed,may be mailed to the Employee at their residence address as reflected in the records maintained by the Director of Finance of the City of Waukee,Iowa.The Deputy City Clerk of the City of Waukee shall be designated to receive notice on behalf of employer,at City Hall.Notice shall be deemed delivered upon personal service or 3 days after its deposit in an authorized mail receptacle of the United States Post Service. 15)This Agreement shall become effective commencing February 18,20 I 3 and shall remain in effect until terminated If any provisions or any portion thereof in this Agreement is held unconstitutional,invalid or unenforceable,the remainder of this Agreement,or portion thereof,shall be deemed severable,shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF,the City of Waukee City Council has caused this Agreement to be signed and executed on behalf of the Council and duly attested by the City Attorney. CITY OF WAUKEE DALLAS COUNTY,IOWA ~~;jMaYOr ~ EMPLOYEE A~--Tim Moerman ATTEST: .2....C. Steven P,Brick City Attorney