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HomeMy WebLinkAbout24-096 - Martha Wine - Employment Agreement: City Administrator24-096 Council Approval 7/15/24 EMPLOYMENT AGREEMENT This Agreement, made and entered into this 16th day of July, 2024, by and between the City of Tukwila, a municipal corporation of the state of Washington, (hereinafter "Employer" or "City") and Martha L. Wine (hereinafter "Employee"), an individual who has education, training, and experience in local government management, both of whom agree as follows: Section 1: Duties and Authority A. The Employer agrees to employ Employee as City Administrator to perform the functions and duties specified in Title 35A of the Revised Code of Washington ("RCW") and the Tukwila Municipal Code ("TMC") and to perform other legally permissible and proper duties and functions as the Mayor mayfrom time to time assign in accordance with RCW 35A.12.100 or, if applicable, the TMC. B. The Employee shall exercise general supervision over the administrative affairs of the City and shall faithfully perform the duties as prescribed in the City's job description and as may be lawfully assigned by the Mayor. Employee will further comply with all legal requirements established by the City Council pursuant to RCW 35A.11.020 and the TMC, federal and state law, and such legally adopted City policies and rules that may currently exist or as may be enacted (or amended). C. The Employee shall perform the duties of City Administrator of the Employerwith reasonable care, diligence, skill, and expertise. The Employee shall assist the Mayor with the performance of the Mayor's administrative responsibilities and shall be supervised by the Mayor in the performance of the Employee's duties. D. Employee is expected to adhere to the highest professional standards and conform to the International City/County Management Association (ICMA) Code of Ethics and the ethics rules, regulations, and laws of the State of Washington. Consistent with these standards, the employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office. Employerwill support Employee in keepingthese commitments by refrainingfrom any order or request that would require an ethical violation, and to handle any matter of personnel only on a basis of fairness, impartiality, and merit. E. Employer agrees to promptly communicate and provide Employee a reasonable opportunity to cure all substantive criticisms, complaints, and suggestions with respect to Employee's performance of services pursuant to this Agreement. All duties assigned to the Employee bythe Mayor shall be appropriate to and consistent with the professional role and responsibility of the Employee. Section 2: Term This Agreement shall commence upon confirmation of the Mayor's appointment by the City Council and shall continue until terminated by the Employer or the Employee as provided in Sections 10 and/or 11 of this Agreement. Martha L. Wine City Administrator Employment Agreement Page 1 of 6 Section 3. Hours of Work It is recognized that the Employee must on occasion devote time outside the normal office hours to Employer -related business, and to that end, the Employee shall be allowed to establish an appropriate workschedule. The schedule shall be appropriate to the needs of the Employer and shall allow the Employee to faithfully perform her assigned duties and responsibilities. Section 4. Outside Activities The Employee is expected to devote her full time and attention to her duties as City Administrator. Any outside activities that might materially interfere with her duties shall require approval by the Mayor. None of the aforementioned duties shall be construed to limit the City Administrator's participation in and contribution to her professional associations. Section 5: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $236,000, payable in installments on the same cycle as non -represented employees of the Employer are paid. B. This Agreement shall be automatically amended to reflect any cost -of -living salary adjustments that are provided or required by the Employer's compensation policies on the same basis as applied to non -represented employees. In addition, consideration shall be given annually to an increase in compensation dependent upon the results of a performance evaluation conducted under the provisions of Section 8 of this Agreement. C. The Employer will include the City Administrator position and any subsequent changes to compensation based on the results of a classification/compensation/market salary study of non -represented employees. D. If Employer deems it necessary to reduce all city employee salaries on account of a significant budget or revenue shortfall, Employee's salary shall be subject to reduction in the same percentage as other non -represented employees, subject to Section 11.D, below. Section 6. Benefits A. Vacation. As of December 4, 2024, the Employee shall accrue vacation time at the rate offered to all other exempt employees with 20 years of service. The Employee is FLSA Exempt, not overtime -eligible, and will not receive additional compensation for hours worked over 40 per week. B. Benefits. The Employee shall be entitled to such benefits as are available to other Exempt Employees according to the City's personnel policies, rules, or regulations, as they exist or hereafter may be enacted or amended from time to time and consistent with her total length of service with the City, unless specifically covered in this Agreement. Martha L. Wine City Administrator Employment Agreement Page 2 of 6 C. Dues and Subscriptions. The Employer agrees to budget and to pay for the professional membership dues and subscriptions of the Contractor necessary for the Contractor's full participation in national, regional, state, and local associations and organizations reasonably necessary for the good of the Employee and the Employer, subject to approval of the Employer. Section 7. Retirement The Employee will be enrolled in the Washington state Public Employees' Retirement System (PERS), and the Employer shall make monthly contributions on behalf of the Employee to PERS or other alternate plan, but the amount of contribution shall be limited to what the Employer would be required to pay on the Employee's behalf to PERS. Section 8. Performance Evaluation and Professional Development The Mayor shall annually review and evaluate the performance of the Employee on or about the anniversary date of the Employee's date of hire (December 4, 2023). The City shall support the Employee's status to re -credential as an ICMA Credentialed Manager, including providing opportunities to maintain the credential and permitting her to conduct a multi - rater assessment every five years beginning in 2029. The Employeragreesto budget and payfortravel and subsistence expenses of the Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of the Employee and to pursue necessary official functions for the Employer, including but not limited to the ICMA Annual Conference, WCMA conferences, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member, subject to approval by the Employer. The Employer also agrees to budget and pay for travel expenses of the Employee for educational opportunities that are necessary for the Employee's professional development and for the good of the Employer, subject to approval by the Employer. Section 9. Other Terms and Conditions of Employment A. The Mayor may assign such additional terms and conditions of employment, as determined from time to time, relating to the Employee's job duties and performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any applicable law. No amendment of this Agreement will be required. B. Should any disagreement arise over the interpretation of the provisions of this Agreement, the parties shall first meet and attempt to resolve the issue in good faith. Should this fail to resolve the issue, the parties agree to mediate their dispute promptly, with each party bearing its own costs and one-half of the costs of such mediation. Each party retains its right to pursue all legal remedies in court. Section 10. Suspension and Termination The parties acknowledge that the Employee is an "at -will" employee. Subject to the clauses Martha L. Wine City Administrator Employment Agreement Page 3 of 6 regarding termination and severance, the Mayor may suspend or terminate the Employee's employment at anytime, with or without cause. Section 11. Severance A. Employee serves at the Mayor's pleasure and employment maybe terminated at anytime, with or without cause, in accordance with this Agreement and applicable law. B. Except as otherwise provided in this Agreement, in the event Employee's employment and/or this Agreement is terminated by the Mayor during such time that Employee is willing and able to perform duties of City Administrator, then in that event Employer agrees to: Pay Employee a six-month severance in equal installments according to the City payroll schedule ("severance amount"). During this time, the Employee shall be paid an amount equal to the COBRA premium for continuation of the Employee's medical coverage. The Employee shall also be compensated for all accrued vacation time and sick time, subject to the limits for Department Directors. 2. Should Employee be terminated for cause including, without limitation, the willful breach or habitual neglect of the duties that Employee is required to perform under the terms of this Agreement; conviction of any felony; conviction of any crime involving moral turpitude; or removal from office by the Grand Jury; then, in that event, City has no obligation to pay any severance designated in this Section except benefits which otherwise vested in Employee. C. The foregoing notwithstanding, City's obligation to pay Employee health benefits terminates upon the employment of Employee by another employer providing similar benefits on the date such benefits are effective for Employee. D. In the event City, at any time during the employment term, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of other non -represented City employees, or in the event City refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a formal written request by the Mayor; then, in that event, Employee may, at her option, have her employment be deemed "terminated" at the time of such reduction, or after such request is made, in which case, Employee is entitled to be paid severance pay and receive the other severance benefits described in this Section. E. In the event Employee voluntarily resigns her position with City before expiration of the aforesaid term of employment, the Employee must give City a minimum of 30 calendar days' prior written notice. In that event, Employee is not entitled to severance. Section 12. Indemnification. The Employer shall provide indemnity, representation, and defense for claims against the Employee as City Administrator and as an individual arising out of the Employee's performance of duties within the scope of the Employee's position, as provided under the terms of the City's coverage with the Washington Cities Insurance Authority and Chapter 2.105 of the Tukwila Municipal Code. Martha L. Wine City Administrator Employment Agreement Page 4 of 6 Section 13. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Employer: Mayor, City of Tukwila 6200 Southcenter Parkway Tu kwi la, WA 98188 Employee: Martha L. Wine (Address on file with Human Resources Department) Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 14. General Provisions A. Integration. The text herein shall constitute the entire agreement between the parties. Any prior discussion or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors of interest. C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement orjudicial modification of the invalid provision. D. Venue. This Agreement is subject to the laws of the State of Washington including, without limitation, Title 35A of the RCW. Venue for any action arising from this Agreement will be in the state or federal court with jurisdiction over the Employer. E. Precedence. In the event that any provision of this Agreement conflicts with a provision of the City's Personnel Rules or other City policy, the provisions of this Agreement govern. In the event any provision of this Agreement conflicts with state law or the Tukwila Municipal Code, state law or the TMC shall govern. Martha L. Wine City Administrator Employment Agreement Page 5 of 6 IN WITNESS WHEREOF, the City of Tukwila has caused this Agreement to be signed and executed on its behalf by its Mayor, and the Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. CITYOFTUKWILA Signed by: By. 8EE24380545B44C... Thomas McLeod, Mayor Date: 7/17/2024 1 9:53 AM PDT APPROVED AS TO FORM DocuSigned by: ((l1 � JV�A t . aax' L By. 5E499CA4165E452... City Attorney's Office EMPLOYEE ACKNOWLEDGMENT: AUTH E NTI CATE D/ATT ESTE D Signed by: By. �3 AB9746FA4E8..\ Andy You n, City Clerk Martha Wine represents and acknowledges that she has had an opportunity to read this Agreement in its entirety. She further represents and acknowledges that it is her understanding that this Agreement has been reviewed and approved by the Tukwila City Attorney. By virtue of this acknowledgment, she further confirms that she has been advised that she has the right to consult independent counsel concerning this Agreement, and that by signing this Agreement, she further confirms that she has afforded 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 hereof by signing the same. �gDo�c�u,SSiign�ed'.by: ���-WYIWN� By: ED9DDOA68 FB149D... — Martha L. Wine, City Administrator Date: 7/16/2024 1 10:26 AM PDT Martha L. Wine City Administrator Employment Agreement Page 6 of 6