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HomeMy WebLinkAboutReg 2011-10-03 Item 3 - Appointment - David M. Cline to City Administrator PositionCOUNCIL AGENDA SYNOPSIS Initials ITEM NO. '4 Meeting Date Prepared by Mayor's review Council review 10/03/11 I SB I R ITEM INFORMATION CAS NuN413I:R: 11-098 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL, AGI�.NDA DA'I'r.: 10/03/11 Ac;r.NDA ITI TITJ.AI l Confirm appointment to the position of City Administrator- David M. Cline Dh cus,4on Motion Resolution Ordinance Bid Award Public Hearing Other Nltg Date Vltg Date 1013111 Mt g Dote �l4tg Date Mtg Date rl7tg Date Mtg Date SPONSOR Council Mayor HR DCD .Finance Fire IT P &IR Police PWI SPONSOR'S Confirm the appointment of David M. Cline to the position of City Administrator effective SU,\IMARY October 24, 2011, waiving the residency requirement, per Ordinance No. 2039; and authorizing the Mayor to sign the employment contract. R1� VIIM/I'D 13Y cow Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /AI)MIN. Mayor's Office CONIN411 "I'. N/A COST IMPACT FUND SOURCE Exi)rNI)rrtj RrOUIRI--u) AMOUNTBU,DG,ETED Fund Source: Conzrnenry. MTG. DATE I 10/3/11 MTG. DATE 10/3/11 Employment Contract Transportation Cmte Planning Comm. APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION ATTACHMENTS 1 x PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILA, WASHINGTON and David Cline THIS AGREEMENT is made this date between the City of Tukwila, Washington, hereinafter referred to as "City" and David Cline hereinafter referred to as "City Administrator." WHEREAS, the City of Tukwila is a noncharter, optional municipal code city organized under the Mayor /Council form of government, and WHEREAS, the City desires to contract with David Cline to serve as City Administrator, and said David Cline desires to accept the position as the City Administrator for the City of Tukwila. NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: Term. 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 of this 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 6.B. of this Agreement shall not apply. 2. Duties. City Administrator shall perform all duties and obligations of the 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 his/her 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. 3 3. Salarv. City Administrator shall be paid $136,536.00 annual base salary, and then increased with annual step increases. 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, with the exception that upon hire the City Administrator will receive twenty four (24) days of annual vacation leave which represents the maximum accrual for all non represented employee. This accrual will be enforce throughout the duration of this agreement, or as otherwise provided to City Department Heads and Directors. In addition, the following benefits are specifically approved for the City Administrator: A. 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. B. Car Allowance. Beginning on the effective date of this contract, the City shall provide a City automobile or pay a monthly car allowance of $300.00 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). Car allowance shall be reviewed by the Mayor on an annual basis and, considering changes in the CPI or other economic indicators, be increased as appropriate, provided that in no event will the car allowance be more than $600.00 C. Membership Dues. The City shall pay membership dues for the City Administrator's membership in the Washington City /County City Manager's Association (WCCMA) and the International City Manager's Association (ICMA). The City shall pay for the 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. -2- 4 D. 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 he has taken at the City's expense. E. 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, including, 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. 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 of the City and to attain 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 Citv. 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 991 5 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 Salarv. 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 he resign, then, in that event City Administrator may, at his 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 requirement, nothing shall prevent the Mayor upon receiving City Administrator's notice of intent to terminate 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 if the 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 his duties while acting within the scope of his employment as City Administrator. 8. Bondine. The City shall bear the full costs of any fidelity or other bonds required of the City Administrator under any law or ordinance. 9. Intearation. 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. -4- 6 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 Conies. 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 ,20 CONTRACTOR CITY OF TUKWILA By: Jim Haggerton, Mayor ATTEST /AUTHENTICATED David Cline, City Administrator APPROVED AS TO FORM: By: By: City Clerk Office of the City Attorney CONTRACTOR'S ACKNOWLEDGMENT: David Cline represents and acknowledges that he has read this Agreement in its entirety and has had an opportunity to review the Agreement. He further represents and acknowledges that it is his understanding that this contract has been reviewed and approved by the City of Tukwila Attorney. By virtue of this passage, he further acknowledges that he has been advised that he has the right to consult independent counsel concerning this Agreement, and that by signing this Agreement he acknowledges that he has afforded himself the opportunity to do so, or hereby expressly waives his right to have the Agreement reviewed by independent counsel, and agrees to the terms hereof by signing the same. CONTRACTOR By: David Cline, City Administrator -5- 7