HomeMy WebLinkAboutSpecial 2005-11-28 Item 2E - Agreement - City Administrator Rhonda Berry A, Sit;�y,� COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS Number: 05-153 I Original Agenda Date November 28,2005
Agenda Item Title: Employment contract with City Administrator
I Original Sponsor: Council Admin.x
Timeline:
I Sponsor's Summary Contract is required per TMC 2.26.030; draft contract has been reviewed by Finance
Safety commitittee.
Recommendations:
Sponsor: Review and forward to Regular Meeting for approval
Committee: Review and forward to COW
Administration:
Cost Impact (if
known).
Fund Source (if known) General Fund
RECORD OF COUNCIL ACTION
Meeting Date Action
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APPENDICES
Meeting Date Attachments
11/28/05 Memo from Mayor to Finance Safety Committee dated November 2, 2005
t Draft Contract
Minutes from 11/21 Finance Safety Committee meeting
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MEMORANDUM
TO: Finance & Safety Committee
FROM: Mayor Mullet ~'j\l,\,"'''''''
DATE: November 2,2005
SUBJECT: City Administrator Employment Agreement
Tukwila Municipal Code Section 2.26.030 states "The City Administrator shall be
required to sign a contract with the City. . .". It has come to my attentIOn recently that
this is a detail that was missed in the appointment of our current City Administrator.
Attached for your review is a draft Employment Agreement. The agreement would
become effective immediately upon CouncIl authorizing me to sign. The contract
provisions are essentially a fonnalization of current practIce. Any questions you have
concerning this agreement may be dIrected to Fmance Director Kevin Fuhrer or myself.
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PROFESSIONAL SERVICES AGREElVIENT
BET\VEEN THE CITY OF TUKWILA, WASHINGTON
and
Rhonda Berry
THIS AGREEl\tlENT is made this date between the City of Tukwila, .Washington,
hereinafter referred to as "City" and Rhonda Berry hereinafter referred to as "City
Administrator" .
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WHEREAS, the City of Tukwifa is a noncharter, optional municipal code city organized
under the Mayor/Council form of government, and
WHEREAS, the City desires to contract with Rhonda Berry to serve as City
Administrator, and said Rhonda Berry desires to accept the position as the City
Administrator for the City ofTukwila.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties
hereby agree as follows:
1. Tenn. This agreement shall remain in full force and effect from date of execution
and shall continue for a period of not less than three (3) years or until terminated as
provided by law, or by the provisions ofthis Agreement. This Agreement shall
automatically renew annually as of the third anniversary, unless otherwise terminated
as provided by law or the provisions of this Agreement. Provided, however, that this
Agreement will not automatically renew if the City gives the City Administrator
notice in writing six (6) months before the expiration of the initial three-year term of
this Agreement or the expiration of any automatic annual renewal thereafter, and in
which case the provisions of Section 8.B. ofthis Agreement shall not apply.
2. Duties. City Administrator shall perform all duties and obligations ofthe City
Administrator as required by law, and such other duties as are assigned from time to
time by the Mayor. The City Administrator recognizes that the Mayor is the
Executive body of the City and agrees to respond promptly to the Mayor regarding
any concerns that he/she may have relating to City business. The City, through the
Mayor, recognizes that the City Administrator is the individual responsible for
administration and enforcement of the City's ordinances and resolutions, and of the
policies and directives of the Mayor, and Mayor shall communicate hislher concerns
regarding administration to the City Administrator in accordance with Chapter
35A.12 RCW. City Administrator shall attend all special and regular meetings of the
Council, unless excused, and such other meetings as required by the Mayor.
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3. Salary. CIty Administrator shall be paid according to the City Council resolution
adopting the non-represented salary schedule. City Administrator shall be paId in
accordance with the procedures for other employees of the City, and shall receive
Cost of Living Adjustments (COLA) as otherwise provided to non-represented
employees.
4. Benefits. All benefits applicable to City Department Heads and Directors shall also
be applicable to City Administrator. In addition, the following benefits are
specifically approved for the City Administrator:
A. Membership Dues. The City shall pay membership dues for the City
Administrator's member~hip in the Washington City/County City Managers'
Association (WCCMA) and the Intemational City Manager's Association
(ICMA). The City shall pay for City Administrator's attendance at such
conferences and for such other memberships, subscriptions, or dues, desirable for
City Administrator's continued professional growth, advancement and the good of
the City, and as shall be contained in the City's adopted annual budget.
B. Professional Development. The City agrees to budget for and to pay for travel
and subsistence expenses of City Administrator for professional and official
travel, meetings and occasions adequate to continue the professional development
of City Administrator and to adequately pursue necessary official functions for
the City, induding, but not limited to the .Washington State City/County City
Managers' Association and such other national, regional, state and local
governmental groups and committees thereof which City Administrator serves as
a member.
C. General Expenses. The City recognizes that certain expenses of a non-personal
and generally job-affiliate nature are incurred by City Administrator, and agrees
to reimburse or to pay said general expenses allowed by the RCW of the State of
Washington and the City Finance Department is authorized to disburse such
monies upon receipt of duly executed expense or petty cash vouchers, receipts,
statements or personal affidavits as approved by the City.
D. Car Allowance. The City shall provide a City automobile or pay a monthly
allowance of$800.00 for automobile expenses incurred by City Administrator's
use of his personal vehicle for City related business. (Said allowance is in lieu of
the City otherwise providing City Administrator with use of a City vehicle on a
regular basis).
E. Civic Club Membership. The City recognizes the desirability of representation in
local civic clubs and other organizations, and the City Administrator is authorized
to become a member of one (1) civic club for which the City shall pay dues and
meeting expenses. City Administrator shall report to the City on membership she
has taken at the City's expense.
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5. Performance Review. The City Administrator's performance shall be reviewed
annually on or about the anniversary date of the City Administrator's commencement
date of employment as the CIty Administrator. The Mayor, as a part of the
performance review process, shall define such goals and performance objectives,
which they determine necessary for the proper operation ofthe City and to attam the
City's policy objectives. The Mayor, in consultation with City Administrator, will
establish a priority amongst the various goals and objectives and said objectives and
priorities shall be reduced to writing.
6. Termination.
A. By the City. The parties .recognize and acknowledge that City Administrator is an
"at will" employee and agrees that the Mayor may terminate City Administrator
with or without cause at any time and for any reason.
B. Termination Pay. In the event the City elects to terminate City Administrator for
any reason other than "cause", City Administrator shall receive a cash payment
equal to six (6) months of City Administrator's base salary plus a sum equal to the
premiums for the City medical plan for six (6) months medical, dental and vision
for the City Administrator and dependents. City Administrator shall also receive
payment for all accumulated Vacation Leave and Sick Leave accumulated in
accordance with the Tukwila Municipal Code and the City's policies, practices
and procedures. Said sum shall be subject to applicable federal withholding taxes.
In consideration of said payment, City Administrator agrees to execute a release
of all claims against the City, its elected or appointed officers, employees or
agents, for any claims arising out of City Administrator's employment or City
Administrator's termination of employment with the City. Provided, if City
Administrator is terminated for "cause", then City Administrator shall not be
entitled to any termination pay. For the purposes of the Agreement, the term
"cause" shall mean the conviction of a felony, or any act of embezzlement,
dishonesty or theft.
C. Reduction of Salary. In the event the City at any time during the term of this
agreement reduces the salary or other financial benefits of City Administrator in a
greater percentage than applicable across-the-board reduction for all employees of
City, or in the event the City refuses, following written notice, to comply with any
other provision benefiting City Administrator herein, or the City Administrator
resigns following a suggestion, whether formal or informal, by the Mayor that she
resign, then, in that event City Administrator may, at her option, be deemed to be
terminated at the date of such reduction or such refusal to comply and shall be
entitled to termination pay pursuant to section 6B of this agreement.
D. Termination by City Administrator. In the event City Administrator elects to
terminate employment with the City for any reason, City Administrator agrees to
provide the City with not less than sixty (60) days notice prior to the effective
date of said termination of employment. Notwithstanding the foregoing notice
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requirement, nothing shall prevent the Mayor upon receiving City Administrator's
notice of intent to tenninate City Administrator's employment from compensating
the City Administrator at the rate of the City Administrator's base salary for the
unexpired portion of the sixty (60) days notice and releasing City Administrator
prior to the expiration of said notice.
7. Indemnification. The City shall indemnify, insure, and hold the City Administrator
harmless, including providing additional legal counsel ifthe City cannot otherwise
provide legal representation for the City Administrator, for any and all civil legal
actions brought against the City Administrator arising out of the proper discharge of
her duties while acting within the scope of her employment as City Administrator.
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8. Bonding. The City shall beat the full costs of any fidelity or other bonds required of
the City Administrator under any law or ordinance.
9. Integration. This Agreement constitutes the entire agreement between the parties, and
both parties acknowledge that there are no other agreements, oral or otherwise, that
have not been fully set forth in the text of this Agreement.
10. Modification. The parties agree that this Agreement can be amended or modified
only with the written concurrence of both parties.
11. Authorization of Facsimile Copies. Both parties agree that should the City
Administrator sign a facsimile copy of this contract, transmitting the same to the City,
that upon the Mayor signing said facsimile copy, both parties shall be bound by the
terms and provisions of this Contract which shall be substituted for the signed
facsimile copy.
Dated this _ day of
, 2005
CITY OF TUKWILA
CONTRACTOR
By:
Steven M. Mullet, Mayor
By:
Rhonda A. Berry,
City Administrator
ATTEST/AUTHENTICATED
APPROVED AS TO FORM
By:
Jane E. Cantu, City Clerk
By:
Office ofthe City Attorney
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CONTRACTOR'S ACKNOWLEDGMENT:
Rhonda Berry represents and acknowledges that she has read this
Agreement in its entirety and has had an opportunity to review the Agreement. She
further represents and acknowledges that it is h((r understanding that this contract has
been reviewed and approved by the City of Tukwila Attorney. By virtue of this passage,
she further acknowledges that she has been advised that she has the right to consult
independent counsel concerning this Agreement, and that by signing this Agreement she
acknowledges that she has afforqed herself the opportunity to do so, or hereby expressly
waives her right to have the Agreement reviewed by independent counsel, and agrees to
the terms hereofby signing the same.
CONTRACTOR
By:
Rhonda Berry, City Administrator
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Finance and Safety Committee
November 21,2005
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Present
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Nick Ollvas, KevIn Fuhrer, Derek Speck, Rhonda Berry, Katherine Kertzman,
Lucy Lauterbach, citizen Chuck Parrish
1. Neighborhood Resource Center Agreement The CommIttee members thought the newest
version of the agreement was fine. However, they asked for infonnation about what the City's
origma1 contract said about tennination, and what Mr O'Bnen responded with. They thought It
could go into the memo for the Agre~ment. Recommend Agreement to CO\V.
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2. Emplovment Contract with the 'City Administrator The three members all expressed
support for the contract as presented. It covers the condItions of employment for the CIty
Administrator. Recommend contract to CO\V.
3. lnterlocal Agreement with Des 'Moines Regarding Tourism Katherine explained the City
of Des Moines is interested m becommg part of Seattle Southside Visitors ServIces (Tourism).
Des Moines has three hotels that wIll be included, and their waterfront will also be featured In
Tourism promotions. Now Des Momes as well as Kent and SeaTac will all help share overhead
costs for the office. As tills item is on thIS evening's Regular Meeting for passage, it wIll, if
passed, go to the Des Moines Council for aproval there before It takes effect. Recommend issue
to that evening's Council meeting.
4. 2006 Proposed Property Tax Levv 2006 property tax levies need to be submitted to Klllg
County the first week of December. However, the final CIty property valuatIOns will not be
known by that time, so an estimate WIll be made. Tec1mlcal adjustments are then made in
January. Kevin said we'll have to estimate the State utilIty rate Property tax mcreases are lImIted
to a 1 % growth due to Initiative 747. Pam noted working figures and the estimate in the
ordinance needed to be the same. Recommend ordinance to caw and Special Meeting
11/28/05.
5. 2006 Budget Review The Committee finished their review of the Fire Department and
various miscellaneous finance funds in the budget. Nick said the department will try to bid both
the aerial ladder truck and the pumpers they are buying together to see if they can get a better
deal. Information~ budget review completed.
Prepared by L. Lauterbach
Committee chair approval