9. Interim City Manager ContractT
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
101 WIN],
Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
Motion to Approve Employment Contract with Interim City Manager
December 19, 2011 — Regular Council Meeting
BACKGROUND: The Mayor and the City Attorney have negotiated with David Nielsen for
the employment of his services to act as the Interim City Manager for a period of up to 150 days
beginning January 1, 2012 until the City has hired the services of a permanent City Manager.
Mr. Nielsen will be retiring as the City Attorney of the City of Helena on December 31, 2011. He
has had the opportunity to act as Interim City Manager for Helena in the past and is well
qualified and suited to act in this position for the City of Kalispell. The proposed employment
contract is attached and contains the details of the agreement.
RECOMMENDATION: That City Council move to approve the employment contract and
authorize the Mayor to execute it on behalf of the City.
FISCAL IMPACTS: There are sufficient funds in the City Manager budget to pay the costs of
the employment contract and conduct the search for a permanent city manager.
Respectfully submitted,
Charles arbVl, City Attorney ane Howington, City ManagA
EMPLOYMENT AGREEMENT
for Interim City Manager
THIS AGREEMENT, made and entered into this day of January, 2012, by
and between the City of Kalispell, Montana, a municipal corporation, hereafter referred to
as "City"; and David Nielsen, hereafter referred to as "Employee".
WITNESSETH
WHEREAS, the City Council desires to engage the services of Employee to provide
Interim City Manager services to the City and to perform the duties of the
City Manager; and
WHEREAS, Employee is qualified and experienced to perform such services; and
WHEREAS, Employee agrees to serve as the Interim City Manager of the City under
the terms of this agreement.
NOW, THEREFORE, the City and the Employee for the consideration herein set forth,
mutually agree as follows:
Section 1. Duties/Employment Status. The City agrees to employ Employee as the
salaried Interim City Manager, to perform the functions and duties as are legally
permissible and such other proper duties and functions as the City Council may assign.
Section 2. Term. The term of this Agreement shall be effective on the date above written
for the term of approximately 150 days or until such time as a permanent city manager
can be selected and be available in the City. 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 of the City Code. Nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of the Employee to
resign at any time from his position with the City.
Section 3. Compensation and Benefits.
Salary. The City agrees to pay Employee for his services at the rate of $3,000.00
per two week pay period for services performed, payable at the same time as other
employees of the City are paid. Partial period services will be prorated based on
days per pay period. Employee understands and agrees that the payments made by
the Employer described above represents compensation and that, therefore, the
Employer will withhold from the gross amount of these payment all taxes and
other appropriate deductions that it would normally be withheld from the earnings
of Employee, and that the Employer will report the gross amounts of those
payments to governmental agencies as earnings of the individual to whom net
payment is made as done in the past.
Interim City Manager Agreement Page - I
Between the City of Kalispell
And David Nielsen
Vacation and Sick Leave. Employee shall accrue vacation and sick leave
benefits in accordance with the provisions of the City Code and regulations
and rules of the City. Upon termination of this agreement, voluntary or
otherwise, Employee shall be paid for the balance of unused vacation and
sick leave in accordance with the State law, City Code and regulations and
rules of the City.
Retirement. The Employee understands that, as an employee of the City
of Kalispell, he may otherwise be eligible to participate in the PERS
retirement program. Employee hereby agrees that he shall not elect to pay
into or receive a City match on the PERS retirement fund.
Health Insurance. The Employee currently receives health insurance
benefits and the parties therefore agree that the Employee shall not receive
the benefits of health insurance provided to other City employees as a part
of his compensation package.
Telephone and Transportation. The City will provide a cellular telephone
and service to the Employee during the term of this contract. When a City
vehicle is available, the City will provide it to the Employee for his use on
City business. In the event a City vehicle is not available, the City will
reimburse the Employee for his transportation costs while on City business
at the then current federal rate.
Section 4. Other Terms and Conditions of Employment.
Indemnification. City shall defend and indemnify the Employee against
any action, including but not limited to any: tort, professional liability
claim or demand, or other noncriminal legal, equitable or administrative
action, whether groundless or otherwise, arising out of an alleged act or
omission occurring in the performance of the Employee's duties as an
employee or officer of the City, other than an action brought by the City
against the Employee, or an action filed against the City by the Employee.
City shall be responsible for and have authority to compromise and settle
any action, with prior consultation with Employee, and pay the amount of
any settlement or judgment rendered on that action. Employee shall
cooperate fully with the City in the settlement, compromise, preparation of
the defense, or trial of any such action.
Bonding. The City shall acquire and bear the full cost of any fidelity or
other bonds required of the Employee under any law or ordinance.
Application of Personnel Policy. All terms of the Kalispell City Personnel
Policy, as now adopted or later amended, not inconsistent with or
otherwise fully addressed in this agreement, shall apply to the Employee.
Interim City Manager Agreement Page - 2
of
Between the City Kalispell
And David Nielsen
Severability. If any provisions or any portion thereof contained in this
Agreement is held to be 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.
This Agreement shall be binding upon and inure to the benefits of the
heirs, devisees, legatees or executors of the Employee.
IN WITNESS WHEREOF, the City of Kalispell, on a vote of its City Council has
caused this Agreement to be signed and executed in its behalf by its Mayor and duly
attested by its City Clerk, on the day and year first above written.
Tammi Fisher
Mayor
City of Kalispell
State of Montana
ATTEST:
Theresa White
City Clerk
IN
Interim City Manager Agreement Page - 3
Between the City of Kalispell
And David Nielsen