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HomeMy WebLinkAbout16-110 - Carstens Stephen - Grant Funded Employment Agreement: Transportation Contract Engineer16 -110 Council Approval N/A CITY OF TUKWILA Employment Agreement Transportation Contract Engineer (Multi -year (3 -4) Grant - Funded Employment Agreement) THIS EMPLOYMENT AGREEMENT ( "Agreement ") is made and entered into effective August 22, 2016 between the City of Tukwila (hereinafter referred to as "City ") and Stephen Carstens (hereinafter referred to as "Employee "), an individual. The City and the Employee are referred to collectively herein as "the Parties." WHEREAS, the City has acquired grant funding for several projects including: the Boeing Access Road Bridge Rehabilitation; Strander Boulevard extension; managing the City's bridge program under the direction of the City Engineer; and managing major maintenance of three bridges ( "the Projects "); and WHEREAS, the City wishes to utilize this grant funding to hire the Employee to oversee these grant funded projects. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Term. Parties understand that this position is grant- funded, and as such this Agreement shall remain in full force in effect from August 22, 2016 - August 22, 2019, until the earlier of completion of the Projects, or exhaustion of the grant funding ( "Term "), unless sooner terminated pursuant to the terms of this Agreement. 2. Duties. Employee shall perform the duties set forth in Scope of Duties, attached hereto as Exhibit A. The Employee shall report to the City Engineer /Public Work Director for the performance of specific duties under this agreement. 3. Compensation. In Consideration of the services rendered by the Employee, the City agrees to pay the Employee a rate of $ 9,500 per month. 4. Working Hours and Schedule. The working hours of the Employee shall be the equivalent of forty (40) hours per week on an annualized basis, exclusive of the meal period. The Employee and City may negotiate a mutually agreed upon work schedule. 5. Benefits. The City shall provide the Employee with the following fringe benefits: a) Vacation — One day a month with carry over provisions for the duration of this agreement. No pay -off upon termination of this agreement. b) Sick Leave — One day a month with carry over provisions for the duration of this agreement. No pay -off upon termination of this agreement. i n s1_,s- City of Tukwila — Employment Agreement EMPLOYEE NAME Page 3 c) Retirement — Position is eligible for retirement benefits through the State of Washington Public Employees Retirement System for the duration of this agreement d) Medical Insurance — The Employee shall receive medical insurance for himself only through Group Health Cooperative or the City's Self- Insured medical plan at the choice of the employee. For Group Health Cooperative coverage, the Employee shall pay any premium amount in excess of the Employer's contribution through payroll deduction that exceeds the maximum dollar amount contribution for the City's Self- Insured plan. e) ORCA Pass -The City will provide a monthly transit pass throughout the duration of this agreement in accordance with the Commute Trip Reduction Program. f) Holidays — 10 holidays recognized by the City throughout the duration of this agreement. g) Direct Deposit — Yes. 6. Taxes. All federal income tax, FICA tax, industrial insurance, retirement and other payments as they pertain to the Employee's contributions under this contract shall be deducted by the City and appropriately distributed as provided for under the grants. The City will make all required employer payments for FICA, retirement, industrial insurance and similar accounts. 7. Termination. This is an employment at -will agreement and can be cancelled for any reason by either party. Termination will cease the obligations of both Parties under this agreement and no salary or benefits will be due the Employee past the effective termination date. 8. General. 8.1. This Agreement sets forth the entire agreement and understanding of the Parties, and supersedes all prior agreements, arrangements, and understandings. 8.2. No representation, promise, or inducement has been made by either party that is not embodied in this Agreement, and neither party shall be bound by or liable for any alleged representation, promise, or inducement not so set forth. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 8.3. This Agreement may be amended, modified, superseded, cancelled, renewed or extended, and the terms or covenants may be waived, only by a written instrument executed by both of the Parties, or in the case of a waiver, by the party waiving compliance. The failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the same. No waiver by either party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach, or a waiver of the breach of any other term or covenant contained in this Agreement. City of Tukwila — Employment Agreement EMPLOYEE NAME Page 3 8.4. This Agreement shall be governed by and construed according to the laws of the State of Washington. IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the date first above written. CITY OF TUKWILA Allan Ekberg, Mayor Date: 0'4-) 8 APPROVED AS TO FORM: Rachel Turpin, City A torn cc: Stephen Carstens Bob Giberson, Public Works Director Robin Tischmak, City Engineer Craig Zellerhoff, Fiscal Coordinator Human Resources EMPLOYEE tephen Carstens Date: - Z 2 -1(? Step, anie Brown, PHR Human Resources Director