Amendment to Finance Director Agreement Between City of Ferndale and Sirke Salminen

Transcription

1 Amendment to Finance Director Agreement Between City of Ferndale and Sirke Salminen Whereas, the City has executed an Employment Agreement, effective September 19, 2016 for Finance Director services with Sirke Salminen; Whereas, both parties are desirous to modify the agreement for calendar years 20l9and 2020; NOW THEREFORE, the parties agree to modify the Agreement as follows: Section 1 Duties Employer hereby agrees to employ Employee as Finance Director to perform the functions and duties specified in the applicable job description, Ferndale Municipal Code, and the Revised Code of Washington. Section 2 Term The term of the Agreement is hereby extended to December 31, Section 3 Severance Pay/Salg? Continuance In the event the Employee is terminated by the Mayor before the expiration of the term of employment and during such time that the Employee is willing and able to perform their duties under this Agreement, Employer agrees to pay Employee salary continuance equal to two (2) month s aggregate compensation, including salary, equivalent retirement bene?ts, deferred compensation, medical opt-out payments, longevity pay, and prepayment of health insurance premiums. Salary continuance shall increase annually by two (2) weeks per year, commencing at the end of the?rst year of the three-year term, with a maximum of six (6) months aggregate compensation. Said salary continuance pay shall be in addition to payment of Employee accrued vacation leave and twentyf1vepercent (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 up to the six (6) months of compensation (salary, retirement, deferred compensation, medical optout, and health insurance premiums) detailed in this Section but shall be entitled to the accrued vacation and sick leave payout detailed above. In the event that the Employee is terminated and becomes employed within six (6) months of separation from the City, and in the event that such new employment includes health insurance coverage, the Employee shall notify the City to discontinue medical coverage. Failure to provide such notice may result in the City taking legal action to recover medical premiums and associated expenditures. Section 4 Salag Employee shall be considered a fulltimesalaried 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.

2 Annual salary is hereby adjusted as follows: Beginning January 1, 2019 salary is hereby increased to $1 15,200 annually. Beginning January 1, 2020 salary shall be adjusted by the annual CPIU(August to August) plus '/2% with a cap of 3%. 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 suf?cient time. Employee may carry over a maximum of 240 hours vacation annually. If Employee s accrued vacation exceeds 240 hours, Employee may cash out annually up to forty (40) hours. Any remaining unused vacation shall be forfeited. Vacation days: 20 days Employee shall earn on a monthly basis, the following number of sick days annually. Sick days may be taken to the extent that the Employee has accrued sufficient time. Employee may carry over an unlimited amount of sick leave annually. Sick Leave Days: 15 days Section 6 Health Insurance The Employee s health bene?ts, together with the Employee s responsibility for partial premium payments are detailed on the attached sheet (Attachment A) and made part of this agreement. If the Employee agrees to forego City supplied health insurance for self, spouse, and dependents, the Employer agrees to compensate the Employee 40% of the health insurance premium that would have been paid by the Employer. Section 7 Retirement Employee shall make regular Employer contributions on behalf of the Employee to the Washington PERS retirement system as required by law. Section 8 Deferred Compensation Employer shall contribute $300 monthly on behalf of Employee into the State Deferred Compensation Program or other such deferred compensation program. If the Employee chooses to convert deferred compensation to compensation, Employee shall pay the additional retirement and social security costs of the City resulting from this conversion. Section 9 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.

3 City Section 10 Indemni?cation Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claims or demand, or any other legal actions, whether groundless or not, arising out of an alleged at or omission occurring in the good faith performance of the Employee. Employer may, at its option, compromise and settle any such claim or legal action and pay the amount of any such settlement or judgement rendered thereon or litigate such claim or legal action at is expense with Employee s cooperation as needed. Section 11 Bonding Employer shall bear the full cost law or ordinance. of any?delity or other bond required of the Employee under Section 12 Performance Evaluation The City Administrator 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 13 Contract Continuance Should the Mayor desire not to negotiate and/or renew a contract following the end of the term of this Agreement, written noti?cation shall be provided to the Employee sixty (60) calendar days prior to the termination date of the Agreement. Failing this notice, Employer shall pay Employee salary continuance equal to two (2) month s aggregate compensation, including salary, equivalent retirement benefits, deferred compensation, medical opt-out payments, longevity pay, and prepayment of health insurance premiums Said salary continuance pay shall be in addition to payment of Employee accrued vacation leave and twenty?ve percent (25%) of accumulated sick leave. Section 14 Notices Notices pursuant to this Agreement shall be given by certified mail, with return receipt requested, to the following respective addresses: Employer: Employee: Mayor of Ferndale Sirke Salminen PO Box 936 Address on file with Ferndale, WA Human Resources Department 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.

4 B. This agreement shall be binding upon and inure to the bene?t 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 January 1, 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. EMPLOYER: City of Ferndale EMPLOYEE: Sirke Salminen By: Jon 21/ hler, Mayor ATT T: gusan Duncan,Tiny Clerk

5 ATTACHMENT A Group Health $20 Co-Pay Plan If coverage is desired under Group Health, the - following monthly employee premium share applies: 5% of the premium using the City s pre-tax IRS Section 125 plan if Employee choses this option. Regenee Health First $250 Plan monthly premium share applies: If coverage is desired under Regenee, the following 5% of the premium using the City s pre-tax IRS Section 125 plan if Employee choses this option. Re ence/grou Health Hi h-deductible Health Savin s Accounts If coverage is desired for either the Regenee High Deductible or the Group Health High Deductible, there shall be no monthly employee premium co-pay and the following amounts shall be deposited into the Health Saving Account: Regenee High-Deductible: El] OTIS Employee Only $2,700/yr. $2,900/yr. Employee & Spouse $4,500/yr, $4,700/yr. Employee & 1 Child $3,700/yr. $3,900/yr. Employee & 2 Children $5,100/yr. $5,300/yr. Employee, Spouse & 1 Child $5,500/yr. $5,700/yr. Employee, Spouse & 2 or 2+ Children $6,800/yr. $7,000/yr. Group Health High Deductible 20_17 _0l_8 Employee Only $2,400/yr. $2,600/yr. Employee & Spouse $4,100/yr. $4,300/yr. Employee & 1 Child $3,300/yr. $3,500/yr. Employee & 2 Children $4,100/yr. $4,300/yr. Employee, Spouse & 1 Child $4,900/yr. $5,100/yr. Employee, Spouse & 2 or 2+ Children $5,800/yr. $6,000/yr. Deposits into the Employee account will occur monthly. Dental Coverage Delta Dental Plan F with Orthodontia Plan IV. Vision Coverage VSP $0 deductible with second pair rider. Group Health Incentive: An employee who selects the Group Health plan offered by the City shall receive 40% of the savings between the difference of the Regenee plan offered by the City and the Group Health plan.