Loading...
HomeMy WebLinkAbout24-018 - Mark Hafs - Employment Agreement Allentown Truck Reroute ProjectCity . 6200 Southcenter Boulevard, Tukwila WA 981 k Z Term -limited Agreement Amendment #2 Between the City of Tukwila and Mark Hafs 24-018(b) Council Approval N/A On February 1, 2025, the parties entered into a Term -limited Agreement, which provides the terms and conditions of Mark Hats' employment with the City of Tukwila from February 1, 2025, to June 30, 2025. The parties desire to clarify the payment of premiums for fringe benefits, which are to be paid partially by Mr. Hats on a prorated basis. Accordingly, Section 5 of the Term -limited Agreement between the City of Tukwila and Mark Hats is hereby amended as follows: Section 5 Benefits. The City shall provide the Term -limited Employee with the following fringe benefits. Consistent with Sections 3 and 4 above, the bene is �, ow,,,,,,� �'��" be pr-af:ate cettA'vT�the T_0Vf-4F; ayteSpe Employee shall pay 40% of the cost of premiums for all applicable benefits: 5.1 Vacation — Four hours per pay period with carry over provisions for the duration of this Agreement. No pay-off upon termination of this Agreement. 5.2 Sick Leave — Four hours per pay period with carry over provisions for the duration of this Agreement. No pay-off upon termination of this Agreement. 5.3 Retirement — Position is eligible for retirement benefits through the State of Washington Public Employees Retirement System for the duration of this Agreement. 5.4 Medical Insurance — The Term -limited Employee shall receive medical insurance for himself only through Kaiser Permanente or the City's Self -Insured plan at the choice of the Term -limited Employee. 5.5 Dental Insurance — The Term -limited Employee shall receive dental insurance for himself through the City's Self -Insured plan. 5.6 Vision Insurance — The Term -limited Employee shall receive vision insurance for himself through the City's Self -Insured plan. 5.7 Holidays —2 holidays recognized by the City throughout the duration of this Agreement. 5.8 Direct Deposit — Yes. All other provisions of the Term -limited Agreement shall remain in full force and effect. CITY OF TUKWILA Z ed by: KAAS k(,(,t, T onus lc eo Mayor Date: 3/1/2025 1 9:29 PM PST {NM M4918-7142-6839;1/13175.000001/} EMPLOYEE M ayal \�Q Mark Hats Date: February 26, 2025 Signed by: 0-4.aaA4 Kari an , ity ttorney TC Croone, Chief People Officer {NM M4918-7142-6839;1/13175.000001/} Pete Mayer, Interim Public Works Director N7L4` 1 CouncilFN Approval IP X94 CITY OF TUKWILA Term -limited Agreement THIS AGREEMENT ("Agreement") is made and entered into effective February 1, 2025 between the City of Tukwila (hereinafter referred to as "City") and Mark Hafs (hereinafter referred to as "Term -limited Employee"), an individual. The City and the Term -limited Employee are referred to collectively herein as "the Parties." NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: Section 1. Term. The Parties understand that this term -limited position is funded through approved funds from City Council, and as such, this Agreement shall become effective February 1, 2025 and remain in full force and effect amended to June 30, 2025, upon completion of the applicable funded projects, or the exhaustion of the funding ("Term"), whichever occurs first, unless sooner terminated pursuant to the terms of this Agreement. Section 2. Duties. Term -limited Employee shall perform the duties set forth in Scope of Duties, as established in Exhibit A, attached and incorporated herein. The Term - limited Employee shall report to the Interim Traffic Engineer or their designee for the performance of specific duties under this Agreement. Section 3. Compensation. In Consideration of the services rendered by the Term - limited Employee, the City agrees to pay the Term -limited Employee a rate of $10,300.00 per month. However, if pursuant to Section 4 below, the Term -limited Employee works less than 40 hours per week, then his monthly salary shall be prorated consistent with his hours worked in full-day increments. The Term -limited Employee understands that they will not receive COLA, CPI, or other compensation bonuses afforded to permanent full-time employees. Section 4. Working Hours and Schedule. The working hours of the Term -limited Employee shall not exceed forty (40) hours per week on an annualized basis, exclusive of the meal period.. However, if at any time the Term -limited Employee receives a reduced workload due to no fault of any Party, upon mutual agreement of the Parties, the Term -limited Employee may work a reduced work schedule, and his monthly salary shall be prorated consistent with Section 3 above. In such case, the Term -limited Employee and Employer agree that when the Term -limited Employee's workload returns to its expected levels, the Term -limited Employee will work the equivalent of forty (40) hours per week on an annualized basis and receive his full compensation rate of $10,300.00 per month. The Term -limited Employee and City may negotiate a mutually agreed upon work schedule. Section 5. Benefits. The City shall provide the Term -limited Employee with the following fringe benefits. Consistent with Sections 3 and 4 above, the benefits premiums shall be prorated consistent with the Term -limited Employee's then -current Work Schedule: 5.1 Vacation — Four hours per pay period with carry over provisions for the duration of this Agreement. No pay-off upon termination of this Agreement. 5.2 Sick Leave — Four hours per pay period with carry over provisions for the duration of this Agreement. No pay-off upon termination of this Agreement. 5.3 Retirement — Position is eligible for retirement benefits through the State of Washington Public Employees Retirement System for the duration of this Agreement. 5.4 Medical Insurance — The Term -limited Employee shall receive medical insurance for himself only through Kaiser Permanente or the City's Self -Insured plan at the choice of the Term -limited Employee. 5.5 Dental Insurance — The Term -limited Employee shall receive dental insurance for himself through the City's Self -Insured plan. 5.6 Vision Insurance — The Term -limited Employee shall receive vision insurance for himself through the City's Self -Insured plan. 5.7 Holidays —2 holidays recognized by the City throughout the duration of this Agreement. 5.8 Direct Deposit — Yes. Section 6. Equipment. The City agrees to provide the Term -limited Employee with a city email address, laptop and access to a phone. The Term -limited Employee agrees to abide by the city policies and procedures for city equipment and agrees to return all city -issued equipment at the termination of this Agreement in the same or similar manner it was received at the start of the Agreement. Section 7. Taxes. All federal income tax, FICA tax, industrial insurance, retirement and other payments as they pertain to the Term -limited Employee's contributions under this Agreement 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. Section 8. Termination. The Parties agree and acknowledge that this is an "at -will" and Term -limited employment agreement and can be terminated for any reason or no reason by either party at any time. Termination will cease the obligations of both Parties under this Agreement, and no salary or benefits will be due to the Term -limited Employee past the effective date of termination. Section 9. General Provisions. 9.1 This Agreement sets forth the entire agreement and understanding of the Parties, and supersedes all prior agreements, arrangements, and understandings. 9.2 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. 9.3 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. 9.4 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 Signed by: oEmas%'IcLeod, Mayor Date: 1/11/2025 1 2:22 PM PST „VED(lASTO FORM: Kan an ify Attorney DocuSigned by: It (Y66m, TC Cry oo e, hief People Officer cc: Mark Hafs Griffin Lerner, PW Budget Analyst Karen Fricke, Fiscal Specialist Human Resources File Enn i n GE ' �Aslwgrh��dl �Y-� "�. � R� ar a s Date: 1/2/2025 1 8:11 AM PST DocuSigned by: Pe riterim Public Works Director Exhibit A The City Council has allocated funding for the Allentown Alternative Access Study for the Allentown Truck Reroute Project ("Project"), including but not limited to, the following: the Environmental Impact Statement; public outreach and project management, managing all major aspects of the Project under the direction of the Public Works Director and/or their designee; and the City wishes to utilize this allocated funding to hire the Term - limited Employee to oversee these Project -related tasks. Under the direction of the Public Works Director and/or their designee, the Term -limited Employee will perform a variety of complex administrative work in researching, developing, and managing consultants; communicating with stakeholders; and administering the Environmental Impact Statement (EIS) study with the goal of finding an alternate access route for truck traffic in the Allentown neighborhood of Tukwila. Scope of Duties: 1. Support, conduct and oversee the completion of State Environmental Policy Act (SEPA) documents, including cultural resources, Endangered Species Act compliance, Air Quality, Noise Analysis, and Environmental Justice. 2. Facilitate discussions and conduct alternatives analysis consistent with SEPA while ensuring a transparent, accountable, and equitable process for all project stakeholders. 3. Plan, coordinate and facilitate internal and external meetings, public workshops, and community meetings and develop and distribute agendas, notes and other related documents. 4. Oversee consultants performing the necessary technical studies for SEPA compliance. 5. Write various sections of environmental documents and review and edit other sections prepared by technical specialists. 6. Provide advice and guidance on complex project regulatory issues. 7. Conduct occasional site visits to collect information for environmental analysis. 8. Ensure project quality, scheduling, and budget objectives are clear and met. 9. Take initiative, resolve problems, and identify improved procedures to assure City's needs are met effectively. 10. Maintain and encourage a strategic mindset with the ability to leverage both team and department resources to be successful. 11. Develop, lead, participate in, and facilitate project teams, as well as internal and external committees including stakeholder advisory groups, technical advisory committees, and other committees or groups. 12. Prepare documents that are clear, concise, well-written and supported, and verbally presenting information understandably and speaking persuasively about complex topics to colleagues, city staff, partners, other project stakeholders, and the general public. 13. Routinely engage in effective communicating with varied audiences (elected officials, engineers, project managers, construction managers, agency management, co-workers and the general public) regarding regulatory requirements and compliance options. 14. Employ strong time management skills and the ability to manage multiple competing priorities. 15. Implement a Public Participation Plan, including website and public outreach proposal, to facilitate the public review of status, meetings, studies and other pertinent information throughout the EIS process. 16. Manage the consultant contracts to ensure work products meet the City standards, including reviewing invoices, managing budget and keeping deliverables on track. 17. Coordinate with various City department staff to obtain their input, technical support, project history and other information needed to develop the Environmental Impact Statement (EIS) for finding an alternate access route for truck traffic in Allentown neighborhood of Tukwila. 18. Develop and maintain a routine task list/prioritized work plan to guide and monitor requested work. Provide routine progress updates to immediate supervisor. 24-018 Council Approval N/A CITY OF TUKWILA Term -limited Agreement THIS AGREEMENT ("Agreement") is made and entered into effective February 1, 2024 between the City of Tukwila (hereinafter referred to as "City") and Mark Hafs (hereinafter referred to as "Term -limited Employee"), an individual. The City and the Term -limited Employee are referred to collectively herein as "the Parties." NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: Section 1. Term. The Parties understand that this term -limited position, is funded through approved funds from City Council, and' as such, this Agreement shall become effective February 1, 2024 and remain in full force and effect until January 31, 2025, upon completion of the applicable funded projects, or the exhaustion of the funding ("Term"), whichever occurs first, unless sooner terminated pursuant to the terms of this Agreement. Section 2. Duties. Term -limited Employee shall perform the duties set forth in the Scope of Duties, as established in Exhibit A, attached and incorporated herein. The Term - limited Employee shall report to the City Engineer/Public Works Director or their designee for the performance of specific duties under this Agreement. Section 3. Compensation. In Consideration of the services rendered by the Term - limited Employee, the City agrees to pay the Term -limited Employee a rate of $110,000.00 per month. However, if pursuant to Section 4 below, the Term-limiited Employee works less than 40 hours per week, then his monthly salary shall be prorated consistent with his hours worked in full-day increments. The Term -limited Employee understands that they will not receive COLA, CPI, or other compensation bonuses afforded to permanent full- time employees. Section 4. Working Hours and Schedule. The working hours of the Term -limited Employee shall not exceed forty (40) hours per, week on an annualized basis, exclusive of the meal period, and the Term -limited Employee shall not be eligible for overtime. The Parties agree that the Term -limited Employee will work a reduced work schedule, and his monthly salary shall be prorated consistent with Section 3 above. Specifically, the Term - limited Employee and Employer agree that the Term -limited Employee shall work approximately twenty-four (24) hours per week on an annualized basis and will receive 60% of the monthly salary ($6,000.00) per month during the term of the reduced work schedule. If needed, the Term -limited Employee and City may negotiate a different mutually agreed upon work schedule. Section 5. Benefits. The City shall provide the Term -limited', Employee with the following fringe benefits. Consistent with Sections 3 and 4 above, the benefits premiums shall be prorated consistent with the Term -limited Employee's then -current Work Schedule: 5.1 Vacation — Four hours per pay period with carry over provisions for the duration of this Agreement. No pay-off upon termination of this Agreement. Page I of 5 4856-4370-1159, v. 1 5.2 Sick Leave — Four hours per pay, period with carry over provisions for the duration of this Agreement. No pay-off upon termination of this Agreement, 5.3 Retirement — Position is eligible for retirement benefits through the State of Washington Public Employees Retirement System for the duration of this Agreement. 5.4 Medical Insurance — The Term -limited Employee shall receive medical insurance for himself only through Kaiser Permanente or the City's Self-insured plan at the choice of the Term -limited Employee. 5.5 Dental Insurance — The Term -limited Employee shall receive dental insurance for himself through the City's Self-insured plan. 5.6 Vision Insurance — The Term -limited Employee shall receive, vision insurance for himself through the City's Self-insured plan. 5.7 Holidays — For the duration of this Agreement, the Term -limited Employee shall be eligible to receive holiday pay on a prorated basis for those holidays recognized by the City only if he is in a paid status both, before and after the holiday. 5.8 Direct Deposit — Yes. Section 6, Equipment. The City agrees to provide the Term -limited Employee with a city email address, laptop and access to a phone. The Term -limited Employee agrees to abide by the city policies and procedures for city equipment and agrees to return all city - issued equipment at the termination of this Agreement in the same or similar manner it was received' at the start of the Agreement. Section 7. Taxes. All federal income tax, FICA tax, industrial' insurance, retirement and other payments as they pertain to the Term -limited Employee's contributions under this Agreement 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. Section 8. Termination, The Parties agree and acknowledge that this is an "at -will" and Term -limited employment agreement and can be terminated for any reason or no reason by either party at any time. Termination will cease the obligations of both Parties under this Agreement, and no salary or benefits will be due to the Term -limited Employee past the effective date of termination. Section 9. General Provisions. 9.1 This Agreement sets forth, the entire agreement and understanding of the Parties, and supersedes all prior agreements, arrangements, and understandings. 9.2 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. 9.3 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 Page 2 of 5 4856A370-1159, v, 9 Exhibit A — Scope of Duties, The City Council has allocated funding for the Allentown Alternative Access Study for the Allentown Truck Reroute Project ("Project"), including but not limited to, the following: the Environmental Impact Statement; public outreach and project management, managing all major aspects of the Project under the direction of the Public Works Director and/or their designee; and the City wishes to utilize this allocated funding to hire the Term -limited Employee to oversee these Project -related tasks, Under the direction of the Public Works Director and/or their designee, the Term -limited Employee will perform a variety of complex administrative work in researching, developing, and managing consultants; communicating with stakeholders; and administering the Environmental Impact Statement (EIS) study with the goal of finding an alternate access route for truck traffic in the, Allentown neighborhood of Tukwila. Scope of Duties: 1. Support, conduct and oversee the completion of State Environmental Policy Act (SEPA) documents, including cultural resources, Endangered Species Act compliance, Air Quality, Noise Analysis, and Environmental Justice. 2. Facilitate discussions and conduct alternatives analysis consistent with SEPA while ensuring a transparent, accountable, and equitable process for, all project stakeholders. 3. Oversee consultants performing the necessary technical studies for SEPA compliance. 4. Write various sections of environmental' documents and review and edit other sections prepared by technical specialists. 5. Provide advice and guidance on complex project regulatory issues. 6. Conduct occasional site visits to collect information for environmental analysis, 7. Ensure project quality, scheduling, and budget objectives are clear and met. 8. Take initiative, resolve problems, and identify improved procedures to assure City's needs are met effectively. 9. Strategic mindset with the ability to leverage both team and department resources to be successful. 10. Develop, lead, participate in, and facilitate project teams, as well as internal and external committees including stakeholder advisory groups, technical advisory committees, and other committees or groups. 11. Preparing documents that are clear, concise, well-written and supported, and verbally presenting information understandably and speaking persuasively about complex topics to colleagues, city staff, partners, other project stakeholders, and the general public., 12. Effective communicator with varied audiences (elected officials, engineers, project managers, construction managers, agency management, co-workers and the general public) regarding regulatory requirements and compliance options., 13. Strong time management skills and the ability to multi' -task. 14. Implement a Public Participation Plan, includingi website and public outreach proposal, to facilitatethe public review of status, meetings, studies and other pertinent information throughout the EIS process. Page 4 of 5 4856-4370-1159, v. 1 15. Manage the consultant contracts to ensure work products meet the City standards, including reviewing invoices, managing budget and keeping deliverables on track. 16. Coordinate with various City department staff to obtain their input, technical support, project history and other information needed to develop the Environmental Impact Statement (EIS) for finding an alternate access route for truck traffic in Allentown neighborhood of Tukwila. Page 5 of 5 4856-4370-1159, v. 1 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. 9.4 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 fKi-EA-`11111 T -6s Mc 6e! yor Date. ni ► AS TO FORM: C-�. aA-& Ka-rT9Fd,Tfty Attorney le� TC—Croone, Chief People Officer CC' Mark Hafs Griffin Lerner, PW Budget Analyst Karen Fricke, Fiscal Specialist Human Resources File 4856-4370-1159, v. I EMPLOr ,A.d by: A6 Mark Hafs17. Date:: 2/2'1/2024 1 11:14 AM PST W DocuSigned by. pbkkxkAa� WaNOM"WAnti, Public Works Director Page 3 of 5