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HomeMy WebLinkAboutCity Manager Employment - Clayton 2018City of Central Point CITY MANAGER First Amended Employment Contract THIS AGREEMENT is made and entered into this 7 day of December 2017, by and between the City of Central Point, Oregon, a municipal corporation ("CITY"), and Christopher S. Clayton ("MANAGER"). The CITY hereby agrees to employee Christopher S. Clayton as City Manager under the terms and conditions set forth in this Agreement, and Christopher S. Clayton hereby agrees to accept those terms and conditions. DUTIES: The MANAGER agrees to perform the functions and duties specified in the Municipal Code and City Charter of 2010, as well as other legally and ethically permissible and proper duties and function as directed by the Mayor and the City Council. The MANAGER shall devote full time to the performance of his duties. COMPENSATION: CITY agrees to provide the MANAGER the following pay and benefits effective January 1, 2018, in exchange for the satisfactory performance of the duties describe above. 1) a monthly base salary of $11,428, paid in accordance with the City's established pay practices. 2) a monthly car allowance of $250 to cover the cost of the use of a personal vehicle. Such allowance shall cover all expenses associated with the acquisition, operation, licensure, maintenance, cleaning, repair, and replacement of a vehicle and include all fuel costs for local travel. MANAGER shall, at his own expense, maintain a valid driver's license and required insurance coverage for the vehicle. CITY shall reimburse MANAGER at the IRS rate for mileage from Central Point or the MANAGER's home, whichever is less, for authorized travel to conferences or meetings outside the Rogue Valley. 3) a monthly contribution of $1,541.67 to a 457 deferred compensation plan, or other government plan under IRS Code 401(a). 4) payment of both the employer's and employee's contribution to PERS. 5) health, vision, dental and prescription insurance coverage for MANAGER and his eligible dependents under the same conditions as CITY management employees receive under the Management Compensation Plan. 6) vacation hour accrual at 16.68 hours per month, with the provisions of the Management Compensation Plan applying to all aspects of paid vacation including maximum accrual limits and payout restrictions. All accrual balances on the books as of the date of this Agreement shall remain on the books and be available for use by MANAGER. 7) any benefits and/or accruals afforded to CITY management employees under the Management Compensation Plan or City Personnel Policies not otherwise amended or addressed in this Agreement shall be made available to MANAGER. 8) reimbursement of 75% of tuition, fees and textbook expenses for successfully completed graduate -level college coursework relevant to the position or professional advancement of the profession. 9) payment of the cost of professional dues and subscriptions, travel expenses, and membership fees for MANAGER to participate in national, regional, state and local associations, conferences and meetings, and civic organizations necessary and desirable for continued professional growth. 10) CITY agrees to review the base salary and other benefits of the MANAGER at the MANAGER's annual performance evaluation, and to make such adjustments, if any, which it deems appropriate. RESIDENCY: CITY shall place no restriction on the residency of the MANAGER except that MANAGER agrees to be regularly available for work as scheduled, and that job performance shall not be adversely impacted by residence location. PROFESSIONAL LIABILITY: 1) The City is obligated by ORS 30.285 and ORS 30.287 to indemnify and defend Employee from and against claims brought against Employee that fall within the scope of the Oregon Tort Claims Act, ORS 30.260- 30.300, and the City shall fully comply with such legal requirements as are applicable at the time of any demand by Employee for indemnity or defense thereunder. Further, beyond that required under federal, state, or local law, the City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager, or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. 2) The Employee may request, and the City shall not unreasonably refuse to provide or to withhold approval of, independent legal representation at the City's expense for any claim subject to this section. Legal representation shall extend until final determination of the claim, including any appeals. The City shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, other reasonable costs and expenses of the claim, including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by Employee in connection with or resulting from any claim subject to this section. 3) The City agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation involving any claim that is subject to this section to which the Employee is a party, or to any litigation where Employee acts as a witness or advisor to the City. Such expense payments shall continue beyond Employee's service to the City as long as litigation is pending. 4) Any settlement or compromise of any claim by Employee shall be made with prior approval of the City in order for indemnification, as provided in this section, to be available to Employee. Employee recognizes that the City has the right to compromise and settle any dispute, unless the settlement or compromise would result in judgment or order which personally binds Employee, in which case Employee shall have a veto authority over the settlement or compromise. EVALUATION: Unless mutually agreed otherwise by the parties, the City Council will conduct a performance evaluation annually in December to assess the performance of the MANAGER. The performance evaluation criterion and method shall be mutually agreed to by the CITY and MANAGER and MANAGER shall receive a written copy of the completed evaluation and be provided an adequate opportunity to discuss the details of the evaluation with the City Council within 30 days of completion of the review. A copy of the completed, signed evaluation will be maintained in the MANAGER's personnel file. TERM OF AGREEMENT: This agreement shall remain in full force from January 1, 2018 until December 31, 2019, except as provided for below: a) Either party may terminate this agreement for any reason with 30 calendar days' prior written notice, except that a majority vote of the City Council shall be required for the City to terminate the agreement. b) At the request of the City or the Manager, portions of this agreement may be amended, in writing, with mutual agreement, and such amendments shall be incorporated into and made part of the original Employment Agreement effective January 1, 2017. c) In the event the parties are not in material default at the time a renewal term is to commence, and written notice is not given by either party to terminate this agreement prior to expiration of its original term, this Agreement shall automatically renew for successive one (1) year terms, commencing on the day following expiration of the previous term, on the same terms and conditions as provided in the original agreement as amended effective January 1, 2018 as thereafter amended. a. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the Manager at any time, subject only to the provisions set forth in the agreement. b. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the MANAGER to resign at any time from the position with City, subject only to the provisions set forth in the agreement. SEVERANCE: In the event the MANAGER is dismissed during the term of this Agreement for any reason, other than misconduct or a material breach by Manager of this Agreement, the CITY agrees to offer MANAGER severance pay equal to 12 months' severance pay. Severance pay will be paid as a lump sum within 30 days of the termination, unless otherwise agreed to by MANAGER and CITY, and will include a 12 month deferred compensation contribution, 12 month health reimbursement account contribution and 12 month vehicle allowance payment (collectively "Severance Pay"). Additionally, CITY agrees to pay COBRA premiums for family medical, dental, vision and prescription coverage for six months or until the MANAGER obtains employment with alternate insurance coverage, whichever occurs earlier, but in no instance shall the CITY's obligation exceed six months of COBRA premiums. The CITY agrees to pay the MANAGER for any accrued, unused vacation time at termination, pursuant to the terms of the Management Compensation Plan as approved on the date of the termination. If the MANAGER is terminated for misconduct, as defined below, or for material breach of this agreement, the CITY is not obligated to provide Severance Pay or COBRA premiums. As a condition of the Severance Pay, and COBRA premiums, the MANAGER will be required to release the CITY, its officers, representatives, insurers, and employees from claims arising from employment with the CITY and separation of employment. The term "misconduct" includes engaging in wanton action demonstrating a proven and documented disregard for the interest of the city, and engaging in criminal acts including conviction of any felony or conviction of any misdemeanor involving moral turpitude. At the request of the majority of the city council, the MANAGER, may choose to resign in lieu of dismissal. Should the MANAGER choose to resign in lieu of dismissal, the CITY agrees to offer the complete Severance Pay as described above. ARBITRATION OF DISPUTES REQUIRED (in lieu of litigation): Any dispute or claim that arises out of or relates to this Agreement; the breach of this Agreement; the employment relationship (including any wage claim, claim for wrongful termination, or any claim based upon any statute, regulation, or law, including those dealing with employment discrimination, sexual harassment, civil rights, age, or disabilities), including tort claims (except a tort that is a "compensable injury" under Workers' Compensation Law), shall be resolved by arbitration in accordance with the then -effective arbitration rules of (and by filing a claim with) State Conciliation Services. Judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. COMPLETE AGREEMENT: This Agreement shall constitute the complete and entire agreement between the CITY and MANAGER and supersedes all prior agreements, representations and understandings between them. No supplement, modification or amendment of this Agreement shall be binding on the CITY unless it is set forth in writing and signed by the Mayor and approved by the City Council. Likewise, no waiver or any provision of this Agreement shall be valid unless set forth in writing and signed by the Mayor and approved by the City Council. SEVERABILITY: If any part, term, or provision of this agreement is held by a court of competent jurisdiction to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. SIGNATURES: IN WITNESS THEREOF, the City of Central Point has caused this Agreement to be signed and executed in its behalf by its Mayor, and the City Manager has signed and executed this Agreement, both in duplicate, on the date indicated below. I acknowledge that I have received and read or have had the opportunity to read this Agreement. I understand that this Agreement requires that disputes that involve the matters subject to the Agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather that to a judge or jury in court. Dated this A -7 day of �� 2017. CITY OF CENTRAL POINT (Employer) Hank Williams, Mayor Employee Christopher S. Claytov, City a ager