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HomeMy WebLinkAbout4254 Resolution - Supplemental Employment Agreement for City Manager ContractRESOLUTION NO. 4254 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE SUPPLEMENTAL EMPLOYMENT AGREEMENT TO THE CITY OF PASCO CITY MANAGER PROFESSIONAL SERVICES AGREEMENT. WHEREAS, on June 23, 2014, the current City Manager entered into a Professional Services Agreement wherein he accepted employment as the City Manager for the City of Pasco, and provided for its terms, conditions of employment; and WHEREAS, the City Manager wishes to step-down as the designated City Manager on October 31, 2022 and to retire from the City effective December 31, 2022; and WHEREAS, the City will be recruiting a new City Manager and/or appointing an Interim City Manager pending the appointment of the new City Manager as of November 1, 2022, and the recruitment of a City Manager may take several months; and WHEREAS, it would be advantageous for the City to have an overlap of management services by allowing the City Manager to utilize his existing leave banks while still an employee of the City and be available for consultation on an as -needed basis. Such overlap would allow for a smoother transition and continuity during transition to the new City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Mayor of the City of Pasco is authorized to sign and execute the Supplemental Employment Agreement to the City of Pasco City Manager Professional Services Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction; and Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 19th day of September, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC V Kerr Fer aw, PLLC City Clerk - City orneys Resolution — Supplemental Employment Agreement to the City of Pasco Manager Professional Services Agreement - 1 SUPPLEMENTAL EMPLOYMENT AGREEMENT TO THE CITY OF PASCO CITY MANAGER PROFESSIONAL SERVICES AGREEMENT THIS SUPPLEMENTAL EMPLOYMENT AGREEMENT is entered into this _ day of September, 2022, between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Dave Zabell, current City Manager for the City of Pasco, under the terms of this Agreement referred to as "Manager." WHEREAS, this Supplemental Employment Agreement is supplementary to that Professional Services Agreement dated June 23, 2014 (PSA), wherein the Manager accepted employment as the City Manager for the City of Pasco, and provided by its terms, conditions of employment; and WHEREAS, the Manager will be retiring from the City effective December 31, 2022; and WHEREAS, the City will be recruiting a new City Manager and/or appointing an Interim City Manager pending the appointment of the new City Manager, and the recruitment of a City Manager may take several months; and WHEREAS, it would be advantageous for the City to have an overlap of management services, which overlap would allow for a smoother transition and continuity during transition to the new City Manager. NOW THEREFORE, the Parties agree as follows: 1. Term of Supplemental Agreement. This Supplemental Agreement shall commence on November 1, 2022, and terminate on December 31, 2022, unless earlier terminated or modified as provided below. 2. Compensation/Benefits. 2.1 Current salary and benefits stated in the PSA as amended will remain unchanged during the term of this Agreement. 2.2 During the term of this Agreement, the Manager will not be eligible for a car allowance, however mileage reimbursement will be allowed per City policy. 2.3 During the term hereof, the Manager shall be entitled to use accrued leave banks in the normal course, Provided that at the termination of this agreement any remaining accrued leave banks shall be cashed out and paid to the Manager per City policy. 2.5 During the term of this Supplemental Agreement, the Manager shall work as a Management Advisor to the City, and shall maintain timesheets as supplied by the City to account for and track his hours worked in such capacity, as well as accounting for and tracking utilization of accrued leave banks. 3. Duties. The Manager shall cease to be the designated City Manager at midnight on October 31, 2022 but shall be available to senior staff for consultation on City matters at the discretion of the new designated City Manager, or Interim City Manager until December 31, 2022. 4. Early Termination or Modification. Other than upon the death, disability, or determination of ineligibility, this Agreement may not be terminated or modified without the mutual agreement of the parties. 5. Remaining Terms. All remaining terms contained in the Professional Services Agreement dated June 23, 2014; and any applicable employment conditions imposed by Ordinance, law, or regulation, not inconsistent with the provision of this Agreement, shall remain in full force and effect. In the event that any prior terms of the Parties are in conflict with or are inconsistent with any addendums or amendments to the terms contained in the Professional Services Agreement dated June 23, 2014, including the terms of this Supplemental Employment Agreement, the terms of the last -modified revisions to the terms shall prevail. IN WITNESS WHEREOF, this Agreement is executed and effective as of the date first written above. CITY OF PASCO, WASHINGTON MANAGER By: By: Blanche Barajas, Mayor Dave Zabell