Payroll &. Deputy City Clerk Agreement Between City of Ferndale and Marcie Kuhl

Transcription

1 Payroll &. Deputy City Clerk Agreement Between City of Ferndale and This Agreement, approved by the Ferndale City Council this 15th day of August 2011, and effective beginning August 29, 2011, by and between the City of Ferndale, a municipal corporation of the State of Washington, hereinafter called "Employer", and, hereinafter called "Employee", both of whom understands as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of the Employee as Payroll & Deputy City Clerk of the City of Ferndale; and WHEREAS, the Employee desires to accept employment as the Payroll & Deputy City Clerk for the City of Ferndale; and WHEREAS, it is the desire of the Employer to provide certain benefits, establish certain conditions of employment, provide certain inducements for Employee to remain in such employment, establish the working conditions of said Employee; and provide a just means for terminating the services of the Payroll & Deputy City Clerk at such time as the Mayor may desire to terminate her employ; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1 Duties. Employer hereby agrees to employ Employee as Payroll & Deputy City Clerk to perform the functions and duties specified in the applicable job description, Ferndale Municipal Code, and the Revised Code of Washington. SECTION 2 Term A. The term of this contract shall commence August 29, 2011 and end December 31, 2011 with benefits accrual beginning September 1, The Agreement shall be reviewed annually by the City Council for possible extension. - B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Mayor to terminate the services of the Employee, either with or without cause, at any time subject only to the provisions set forth in Section 3 of this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign for any reason at any time from his position with Employer, subject only to the provisions set forth in Section 3 of this Agreement. D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to perform occasional teaching, writing, or consulting performed on Employee's time off. 1 I

2 SECTION 3 Salary & Benefits Continuance Upon Termination In the event Employee is terminated by the Mayor before the expiration of the aforesaid term of employment and during such time that the Employee is willing and able to perform his duties under this Agreement, Employer agrees to pay Employee a salary continuation for up to three (3) months, including salary, benefits, and equivalent retirement benefits. Said salary continuance shall be in addition to payment for Employee accrued vacation leave and twentyfive percent (25%) of accumulated sick leave. However, in the event that Employee is terminated because of any illegal or negligent act, or voluntarily resigns, the Employer shall have no obligation to pay the three (3) month's salary continuance detailed in this Section nor to pay the 25% accrued sick leave. Also in the event that Employee is terminated during the initial six (6) month probation period, the Employer shall have no obligation to pay the three (3) month's salary continuance detailed in this Section. In the event that the Employee voluntarily resigns his position prior to the expiration of the aforesaid term of employment, Employee shall give Employer at least thirty (30) days notice in advance. SECTION 4 Salary Employee shall be considered a full-time salaried exempt City employee. Employer agrees to pay Employee an annual base salary as detailed below, payable in installments at the same time as other employees of the City. Annually $42,000 SECTION 5 Vacation and Sick Leave Employee shall earn on a monthly basis, the following number of vacation days annually. Vacation days may be taken to the extent that the Employee has accrued sufficient time. Annually 12 days Sick days may be taken to the extent that the Employee has accrued sufficient time. Sick leave shall accrue as follows: Annually 12 days SECTION 6 Health Insurance Employee shall have the option of using city-supplied health coverage or to forego this coverage. If the Employee chooses to be covered under the city-supplied health insurance, he agrees to put into force and make all required premiums payments for insurance policies for general health, dental, prescription, and vision for the Employee and dependents. The monthly employee-shared premiums for medical coverage shall be as follows: August 29, 2011 to December 31, 2011 $30.00 SECTION 7 Retirement Employer shall make regular Employer contributions on behalf of the Employee to the Washington PERS retirement system as required by law. 2

3 SECTION 8 Probation Period This position shall be subject to a six (6) month probation period under which, if terminated, the Employee shall not be subject to the provisions of Section 3 of this Agreement. SECTION 9 Clerk Certification The City would like Payroll & Deputy City Clerk to pursue certification as a Certified Municipal Clerk as defined and administered by the International Institute of Municipal Clerks. SECTION 10 Other Provisions In addition, the Employer and Employee agree to the following: 1. Employer shall pay membership dues for the Employee in professional organizations and hereby agrees to pay attendance costs at such conferences up to $1,000 annually. 2. Employer shall pay such dues for the Employee's membership in civic groups acceptable to the Employer. SECTION 11 Indemnification Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand, or any other legal action, whether groundless or not, arising out of an alleged act or omission occurring in the good faith performance of the Employee as Payroll & Deputy City Clerk. Employer may, at its option, compromise and settle any such claim or legal action and pay the amount of any such settlement or judgment rendered thereon or litigate such claim or legal action at its expense with Employee's cooperation as needed. SECTION 12 Bonding Employer shall bear the full cost of any fidelity or other bond required of the Employee under law or ordinance. SECTION 13 Performance Evaluations The City Clerk may review and evaluate the performance of the Employee annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with criteria adopted by the City that may be modified from time to time as determined to be appropriate. SECTION 14 Notices Notices pursuant to this Agreement shall be given by certified mail, with return receipt requested, to the following respective addresses: Employer: Mayor - City of Ferndale P.O. Box 936 Ferndale WA Employee: 5715 Willow Springs Way Ferndale WA

4 Alternatively, notice 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 with the United States Postal Service. SECTION 15 General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. The Employee's rights under this Agreement are non-assignable and the Employee's duties under this Agreement are non-delegable. D. This Agreement shall become effective as of August 29, E. Venue for any disputes arising out of this Agreement shall be Whatcom County, State of Washington. F. If any provisions, or portions thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the Mayor and City of Ferndale have caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by the City Clerk, and the above Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. EMPLOYER: City of Ferndale EMPLOYEE: ATTE~ L Sam Taylor, City Clerk 4

5 Addendum to Payroll and City Clerk Agreement Between City of Ferndale and August 16, 2011 Health Insurance Opt-Out If the Employee agrees to forego city supplied health insurance for self and spouse, as detailed in Section 6 of the Employment Agreement dated the 15th day of August 2011, the Employer agrees to compensate the employee 40% of the health insurance premium that would have been paid by the Employer. IN WITNESS WHEREOF, the City of Ferndale have caused this Addendum to be signed and executed in its behalf by its Mayor, and duly attested by the City Clerk, and the above Employee has signed and executed this Addendum, both in duplicate, on the day and year first above written. EMPLOYER: EMPLOYEE: City of Ferndale ~4YIJvztkQ '1. Sa