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HomeMy WebLinkAbout5363 RESOLUTION NO. 5 3 6 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CITY DEPARTMENT DIRECTOR EMPLOYEES FOR EMPLOYMENT SERVICES WHEREAS, the City depends on the talents and contributions of a well- qualified team of Department Director level employees to meet the needs of the City and to address its operational responsibilities; and WHEREAS, in order to be able to recruit and retain highly qualified individuals to serve as Department Directors for the City, it is appropriate to provide compensation and benefits at levels that include incentives for such employees to work for the City, and that includes an optimum benefits package including benefits that are available to other employees or employee groups of the City; and WHEREAS, providing a defined understanding in the employment relationship between the City and Department Director level employees is beneficial to the City in allowing the City to address instances where there is not a good fit in terms of a Department Director level employee and the needs of the City; and WHEREAS, it is also advantageous for the City to have the defined relationship in securing, retaining and recruiting the services of high-quality employees for Department Director level positions. Resolution No. 5363 April 16, 2018 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Mayor is hereby authorized to execute an Employment Agreement between the City and Department Director level employees in conformity with the copy of the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS /!o DAY OF G , 20\ . CITY OF AUBURN ATTEST: K. lb , Y BACK MAYOR Agit. Danielle E. Daskam, City Clerk APPV r;) ASto c M4: �_,.\ ,...______ Daniel B. Heid, City Attorney 1 Resolution No. XXX January 18, 2018 Page 2 of 2 i EMPLOYMENT AGREEMENT BETWEEN 'NAME' AND THE CITY OF AUBURN,WASHINGTON THIS AGREEMENT, made and entered into this day of , 20 , by and between the City of Auburn,Washington,a municipal corporation of the State of Washington,(hereinafter referred to as"City")and [name and title].(hereinafter referred to as the"Employee"), both of whom understand as follows: WHEREAS, the City depends on the talents and contributions of a well-qualified team of Department Director level employees to meet the needs of the City and to address its operational responsibilities;and WHEREAS,the City desires to [continue to]employ the services of the Employee as its [title]; WHEREAS,it is further the desire of the City to:(1)secure and retain the services of the Employee and to provide inducement to remain in such employment; (2) promote the Employee's productivity, morale and peace of mind with respect to the Employee's work and security; (3) deter malfeasance, misfeasance and nonfeasance on the part of the Employee;(4)identify the severance benefits which may be paid to the Employee as a result of termination, and to have the terms of such reduced to writing in this contract; and WHEREAS, the Employee desires to be employed as, and/or continue employment as, the [title].. NOW THEREFORE, in consideration of the mutual covenants herein contained, THE PARTIES HERETO AGREE as follows: 1. INTENT OF AGREEMENT This Agreement is intended to establish severance benefits payable to Employee in the event of Employee's termination from employment with the City.The City of Auburn's personnel policies shall continue to govern all aspects of the employment relationship between Employee and the City, with the exception of severance benefits and payments to be paid to Employee upon termination as provided for herein. Such severance benefits and payments shall be governed solely by this Agreement. 2. RIGHT TO TERMINATE EMPLOYMENT The Employee acknowledges that his/her position of employment is an"at will" position and that the Employee's employment may be terminated at any time by the City with or without cause, subject to the City of Auburn's City Code and Administrative Policies and Procedures. Nothing in this Agreement shall prevent, limit,or otherwise interfere with the right of the City to terminate the services of Employee. 3. WAIVER AND RELEASE OF ALL CLAIMS As a condition of and prior to receiving any severance benefits pursuant to this Agreement, the Employee agrees to waive any and all claims, whether known or unknown, against the City that may have arisen or may arise as a result of the employment relationship between the City and Employee. This release specifically covers,but is not limited to,any claims of discrimination based on race, color, national origin, sex,sexual orientation, marital status,age (including claims under the Age Discrimination in Employment Act) or physical or mental disability under any federal, state, or local law, rule, or regulation; any contract or tort claims arising under federal, state, or local law;any claims for unpaid wages or benefits;any claims arising under federal,state,or local law based on promises made or allegedly made by the City to Employee; and any claims under any express or implied contract or legal restrictions on the City's right to terminate its Employees. Employee hereby covenants not to assert any such claims or causes of action(the only exception being a suit filed solely to challenge the validity of this release under the ADEA). This release is intended to be all encompassing,and to fully resolve all matters and relations between the parties up to the termination of employment of the Employee. 4. DUTIES The Employee shall continue in the Employee's position of employment as the (title];for the City of Auburn, Washington,to perform the functions and duties specified in the job description for such position and such other legally permissible and appropriate duties and functions to which the Employee may be properly directed and/or assigned in connection with the Employee's position of employment. 5. TERM A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Mayor to terminate the employment of the Employee at any time, subject to the provisions set forth in this Agreement. For the purposes hereof, Mayor shall mean the hiring authority of the City and shall include any person, entity,group or designee empowered to terminate the employment of the Employee. B. Nothing in this Agreement shall prevent or otherwise interfere with the right of the Employee to resign at any time from this position with the City of Auburn, subject to the provisions set forth in this Agreement. C. This Agreement shall remain in effect for one year from the date of this Agreement and shall be automatically renewed annually, unless this Agreement is otherwise terminated by either party pursuant to the terms of this Agreement. D. In the event that written notice of termination is not given by one party to this Agreement to the other party prior to the date by which notice of termination shall be given,this Agreement Page 2 shall be extended for an additional year and shall continue to govern the employment of the Employee until terminated as provided herein. 6. TERMINATION AND SEVERANCE PAY A. In the event the Employee is terminated by the City, and during such time the Employee is willing and able to perform the regular duties and tasks of the position for which the Employee was employed, the City agrees to severance pay in an amount equal to three (3) months of salary and benefits paid for by the City,at the then rate of monthly salary that Employee earns at the time of termination; Provided that if the Employee has been employed by the City in excess of five (5) years, the City agrees to severance pay of an amount equal to the Employee's current salary and benefits for a term calculated at the rate of one (1) month of for each full year of service as an employee of the city of Auburn up to a maximum of six(6) months (for eight or more years of employment with the City). Such payment shall be made in one lump sum subsequent to the signing of a separation agreement which includes a waiver of claims, and upon surrender of the City property then in Employee's possession. Further Provided that no severance pay as specified above shall be paid to the Employee following termination if the Employee's employment is terminated because of the conviction of a criminal act, or the commission of willful malfeasance, gross negligence, or an act of dishonesty. B. All other benefits will be provided in accordance with this Agreement and City policies for payment upon termination, which shall be separate from and in addition to the above severance pay. C. In the event the Employee voluntarily resigns his/her position with the City before the expiration of the term of employment,the Employee shall give the City in writing a minimum of one(1)month notice in advance of the effective date of resignation.The Employee will be reimbursed at the current rate of pay for any unused accrued vacation. D. Upon retirement(meaning separation in good standing and PERS or LEOFF retirement eligible age), death, or disability retirement the Employee's sick leave shall be reimbursed in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Service Unused Sick Leave 0—Completion of 14 Years 0% 14 years and over ten (10%) percent 25 years and over twenty-five (25%) percent Employee that separates in good standing (as defined above) that was hired on or before December 31, 1984, shall be reimbursed at the then current rate of pay for 100%of unused, accrued sick leave up to a maximum of 960 hours. Page 3 7. SALARY Effective as of January 1,2018,the City agrees to pay the Employee for services rendered pursuant to this Agreement, an annual compensation in accordance with the Unaffiliated Compensation Schedule, Grade 13-Directors (N13), payable in installments at the same times and intervals as other employees of the City are paid. The City may also grant increases in the Employee's base salary in such amounts and to such an extent as the City may determine desirable,on the basis of an annual salary review of the Employee's job performance. The Employee shall receive cost-of- living wage adjustments each year as approved by the City Council. The salary provided herein may be modified by mutual; consent of the parties hereto. Any such wage adjustments will be effective on the date approved by the City Council and/or in accordance with the schedule for implementation of wage adjustments for non-represented employees of the City. 8. EXPENSE ALLOWANCE The City recognizes that certain expenses of a non-personal and general job-affiliated nature are incurred by the Employee and the City hereby agrees to reimburse and pay said general expenses in accordance with City Administrative Policy in effect at the time the expenses are incurred. 9. EMPLOYEE BENEFITS The City shall provide the Employee all employee benefits in accordance with City Ordinances and Administrative Policies, including employee benefits as are currently available to any other non- . represented employees or employee groups of the City. 10. DIFFERENTIAL OF EMPLOYEE SALARY AND BENEFITS In the event the terms for or provision of salary or benefits of this Agreement differ from the provisions of the City's Administrative Policies,the provisions of this Agreement shall control over the provisions of the City Administrative. Policies as they relate to such different terms or provisions. 11. CONSIDERATION. The parties hereto agree and stipulate that the covenants, conditions and respective benefits to the city and the employee are sufficient consideration for this agreement. The parties further - agree and stipulate that in consideration of the compensation due the Employee upon termination, the City has the right to terminate the employee's employment in accordance with and pursuant to the terms thereof. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates indicated below. CITY OF AUBURN EMPLOYEE MAYOR Page 4 [NAME] Date Date Page 5