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HomeMy WebLinkAbout1997-066 Agrmt - Paula Brown CITY OF ASHLAND Employment Agreement Director of Public Works/City Engineer THIS AGREEMENT, made and entered into this 22nd day of July, 1997, by and between the City of Ashland ("City") and Paula C. Brown, P.E. ("Employee"). R E C I TAL S: A. City desires to employ the services of Employee as Director of Public Works/City Engineer of the City of Ashland; and B. It is the desire of the City Councii, acting through the City Administrator, to establish certain conditions of employment for Employee; and C. It is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and D. Employee desires to accept employment as Direct of Public Works/City Engineer of City. City and Employee agree as follows: Section 1. Duties. City agrees to employ Employee as Director of Public Works/City Engineer to perform the functions and duties specified in the job description for the position, and to perform other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. Section 2. Term. A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee at any time, subject only to the provisions set forth in this agreement. Director of Public Works/City Engineer Employment Agreement-pg.1 of 4 B. Employee agrees to remain in the exclusive employ of City until July 22, 2000 and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. C. In the event written notice is not given by either party to terminate this agreement at least 120 days prior to the termination date, this agreement shall be extended for successive three year periods on the same terms and conditions. This provision shall not restrict Employee from using vacation or personal leave for teaching, consulting or related activities provided these activities do not conflict with the regular duties of the Employee. D. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City six weeks written notice of such intention, unless such notice is waived by the City Administrator with the approval of the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. City agrees to pay Employee a monthly salary of $5,331 plus any July 1, 1997 cost of living increase payable at the same time and in the same manner as other employees of the City are paid. In addition, City agrees to annually increase the monthly salary and/or benefits in the same percentage as may be accorded other department heads. Employee shall be eligible for a step increase on January 22, 1998, based on satisfactory performance. Section 4. Performance Evaluation. The City Administrator shall review and evaluate the performance of the Employee at least once annually. This review and evaluation shall be in accordance with specific criteria developed jointly by City and Employee. Further, the City Administrator shall provide the Employee with a summary written statement of the findings of the evaluation process and provide an adequate opportunity for the Employee to discuss the evaluation with the City Administrator. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end Employee will be allowed to take compensatory time off as Employee shall deem appropriate during normal office hours, so long as the business of the department is not adversely affected. Section 6. Health, Welfare and Retirement. Employee shall be entitled to receive the same retirement, vacation and sick leave benefits, holidays, and other fringe benefits and working conditions as they now exist or may be amended in the future, as apply to any other department head, in addition to any benefits enumerated specifically for the benefit of Employee as provided in this agreement. Director of Public Works/City Engineer Employment Agreement-pg.2 of 4 Section 7. Dues and Subscriptions. City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee's continued professional participation, growth and advancement, and for the good of the City. Section 8. Professional Development. A. City agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City as deemed appropriate by City. B. City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for her professional development and for the good of the City. Section 9. Professional Liability. City agrees to defend, hold harmless, and indemnify Employee from all demands, claims, suits, actions, errors, or other omissions in legal proceedings brought against Employee in her individual capacity or in her official capacity, provided the incident arose while Employee was acting within the scope of her employment. Section 10. Other Terms and Conditions of Employment. City shall, by amendments to this agreement, fix such other terms and conditions of employment, from time to time, as it may determine, relating to the performance by Employee with the agreement of Employee. The letter setting forth an offer of employment dated June 20, 1997, shall also be a part of this agreement, a copy of which is attached hereto. Section 11. Severability. If any part, term, or provision of this agreement is held by the courts 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. Section 12. Termination and Severance Pay. In the event Employee is terminated by the City before expiration of the term of employment and during such time that Employee is willing and able to perform the duties under this agreement, then in that event City agrees to pay Employee a lump sum cash payment equal to three months' aggregate salary' provided, however, that in the event Employee is terminated because of the conviction of any crime involving moral turpitude or illegal act involving personal gain to Director of Public Works/City Engineer Employment Agreement-pg.3 of 4 Employee, then, in that event, City shall have no obligation to pay the aggregate severance sum designated in this paragraph. Section 13. PERS Pick-up. Employee contributions to the Public Employees' Retirement system (PERS) shall be "picked up" by the City. Employee shall not have the option of receiving money designated for retirement contributions and directly making the contribution to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of the employee's contribution to PERS. Dated this liP of ~ . 1997. ~ ~~ ~~~4c~ Barbara Christensen, City Recorder Catherine M. Golden, Mayor Accepted this 30 day of JJ ."\.l ,1997. "l2- Director of Public Works/City Engineer Employment Agreement-pg.4 of 4 PO Box 1079 Ashland, Oregon 97520 June 30, 1997 Brian Almquist City Administrator City of Ashland Re: OFFER OF EMPLOYMENT Dear Brian, Thank you for your letter of June 20, 1997. I appreciate your considerations of all of the things we had talked about, and accept your offer. I would like to review and finalize the contract at your convenience. ~SI~UEO tl41JD EIoJC.t...oS.fED i'Et2. DeNt.. 1'~1J1! CALL- ,JULV 1,(997)# I am looking forward to the challenges and healthy future of the Public Works Department. Your support and the support of our elected officials and other managers has been greatly appreciated. I will be at the COG office until July 15th, and look forward to starting on July 22nd. Very sincerely, &