6. Part-Time Employment Contract - Interim City ManagerCharles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Myrt Webb, Interim City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Motion to Approve Employment Contract of Interim City
Manager on Hourly Basis Until August 4, 2009
MEETING ATE: Monday, July 6, 2009 — Regular City Council Meeting
BACKGROUND: The Council has approved the employment contract for Jane
Howington beginning August 4, 2009. The City staff and Interim City Manager
Myrt Webb are requesting that the employment contract for Mr. Webb be extended
to that date on a $25.00 per hour basis. Mr. Webb would continue his employment
to that date on an as needed basis to interface with the City Council and to assure a
smooth transition between managers.
RECOMMENDATION: That City Council move to accept and approve the
employment agreement with Myrt Webb in the form that is attached hereto.
FISCAL ACTS: It is anticipated that the time required will be somewhat
minimal and will be a savings from the existing interim city manager contract.
Respectfully submi tied,
y-
Charles Harball, City Attorney
At�&V
Myrt Vebb, Interim City Manager
EMPLOYMENT AGREEMENT
for Interim City Manager
THIS AGREEMENT, made and entered into this day of July, 2009, by and
between the City of Kalispell, Montana, a municipal corporation, hereafter referred to as
"City"; and Myrt Webb, hereafter referred to as 'Employee".
WITNESSETH
WHEREAS, the City Council desires to continue to engage the services of Employee to
provide Interim City Manager services to the City and to perform certain
duties of the City Manager until August 4, 2009; and
WHEREAS, Employee has been providing such services and 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 The City agrees to employ Employee as 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
and shall continue until the 41h day of August, 2009. 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
Hourly Wage. The City agrees to pay Employee for his services at the rate
of $25.00 per hour for services performed, payable in installments at the
same time as other employees of the City are paid.
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.
Interim City Manager Agreement Page - 1
Between the City of Kalispell
And Myrt Webb
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.
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.
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.
Interim City Manager Agreement Page - 2
Between the City of Kalispell
And Myrt Webb
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.
Pamela B. Kennedy
Mayor
City of Kalispell
State of Montana
ATTEST:
Theresa White
City Clerk
By:
Myrt Webb
Dated:
Interim City Manager Agreement Page - 3
Between the City of Kalispell
And Myrt Webb