City Clerk Employment Contract

City of Chandler — Regular Meeting (2021-06-24)

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EMPLOYMENT AGREEMENT

This document shall constitute the Employment Agreement by and between the City
of Chandler, State of Arizona, a municipal corporation, hereinafter called "City", and
Dana DeLong, hereinafter called "Employee", who both understand as follows:

WITNESSETH:

WHEREAS, the City desires to employ the services of Employee as City Clerk of the
City of Chandler, Arizona; and

WHEREAS, it is the desire of the City Council to (1) secure and retain the services of
Employee and to provide inducement for Employee to remain in such employment,
(2) to act as deterrent against malfeasance or dishonesty for personal gain on the part
of the Employee, and (3) to set forth the terms for terminating Employee's services at
such time as Employee may be unable fully to discharge Employee's duties or when
City may desire to otherwise terminate Employee's employ; and

WHEREAS, Employee desires to accept employment as City Clerk of said City;

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:

SECTION 1. Duties

City hereby agrees to employ said Dana DeLong as City Clerk of said City to
perform the functions and duties specified in the City Charter, and to perform such
other legally permissible and proper duties and functions as the City Council shall
from time to time assign. Employee agrees that while working as City Clerk, she will
remain in the exclusive employ of the City.

SECTION 2. Nature of Employment

Employee shall serve at the pleasure of the City Council, which means that she
or the City can terminate the employment relationship with or without cause at any
time.

SECTION 3. Severance Pay

A. If the City exercises its right to terminate Employee without good
cause, the City shall pay Employee a lump sum payment equivalent to four months of
the base salary in effect at that time. If on the other hand the City terminates the
employment relationship for good cause, Employee will have no entitlement to
severance pay. For purposes of this Agreement, “good cause” means intentional
misconduct, including but not limited to the commission of a crime, insubordination
or a violation of City policy. Employee’s entitlement to severance pay is subject to
the provisions of Section 3B below.

B. Employee’s entitlement to severance pay will be contingent upon
her entering into a standard separation agreement with a waiver and release of claims.

SECTION 4. Salary

City agrees to pay Employee for services rendered pursuant hereto at an annual
base of $150,921.00 payable in installments at the same time as other employees of
the City are paid.

SECTION 5. Hours of Work

A. Employee shall work not less than 40 hours per week except when
a City holiday occurs or when on a leave approved by the Mayor.

B. In the event Employee is required to work more than 40 hours in a
week, Employee shall not be compensated for the additional time.

SECTION 6. Dues and Subscriptions

City agrees to budget and to pay the professional dues and subscriptions of
Employee necessary for continuation and full participation in national, regional, state
and local associations and organizations necessary and desirable for continued
professional participation, growth, and advancement, and for the good of the City
subject to City's determination as to what is necessary.

SECTION 7. Professional Development

A. City hereby agrees to budget 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 national, regional, state and local governmental
groups and committees thereof which Employee serves as a member, subject to City's
determination as to what is necessary.

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
professional development and for the good of the City, subject to City's determination
as to what is necessary.

SECTION 8. Other Terms and Conditions of Employment

A. The City Council shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement, the City Charter, or any other law.

B. All provisions of the City Charter and Code, and Personnel Rules
of this City relating to vacation and sick leave, retirement and pension system
contributions, holidays, and other fringe benefits and working conditions as they now
exist or hereafter may be amended, also shall apply to employee as they would to other
employees of the City, in addition to said benefits enumerated specifically for the
benefit of Employee.

C. Employee shall be entitled to receive the same vacation and sick
leave benefits as are accorded exempt employees who are covered by the Personnel
Rules. Payment of employee's sick hours shall be treated as set forth in paragraph D
of this section.

Dz Payment of sick leave upon leaving City service or death:
1. Upon leaving City service, employee shall be entitled to
compensation for accumulated sick leave under the provisions governing payment of

sick leave for regular employees upon retirement.

2. If employee dies prior to leaving City service, her
beneficiaries shall be entitled to compensation pursuant to the City Personnel Rules.

E. Employee shall be covered by City’s insurance for malpractice and
errors and omissions.

F, Employee shall be entitled to annual deferred compensation in an
amount equal to seven percent (7%) of Employee's base salary. This amount shall be
paid in equal biweekly amounts.

G. City shall provide Employee a term life insurance plan in an
amount equal to 1.5 times Employee's annual salary.

SECTION 9. General Provisions
A. The text herein constitutes the entire agreement between parties.

B. This Agreement shall be binding upon and inure to the benefit of
the heirs at law and executors of Employee.

C. This Agreement shall become effective July 1, 2021, and the terms
set forth herein shall remain in place, subject to Section 2 of this Agreement, through
June 30, 2022. Employee and City Council will engage in discussions during the
period between June 1, 2022 and July 15, 2022 concerning possible changes to the
terms and conditions for any employment after June 30, 2022.

D. If any provisions, or any portion thereof, contained in this
agreement are 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.

City of Chandler: Employee:

By:
Mayor Kevin Hartke Dana DeLong 4

Date: Date: by ~/ G ~D024

ATTEST: APPROVED AS TO FORM:

City Clerk ity Attorney