City Manager Employment Agreement - Joshua Wright

CHANDLER CITY MANAGER
EMPLOYMENT AGREEMENT

THIS AGREEMENT is made and entered by and between the CITY OF CHANDLER (the “City”),
an Arizona municipal corporation, by its Mayor, and JOSHUA H. WRIGHT (the “Employee"),
(the City and the Employee may individually be referred to as the “Party” and collectively
referred to as the “Parties”) on this day of , 20 (Effective
Date).

WITNESSETH:

WHEREAS, the City desires to employ the services of Employee as City Manager 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 Manager 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 the Employee as City Manager of the City to perform
the functions and duties specified in the City Charter and City Code and to perform such
other legally permissible and proper duties and functions as the City Council shall from
time-to-time assign. The Employee shall be guided by and uphold the principles of the
ICMA Code of Ethics in the performance of such duties. The Employee agrees that while
working as City Manager, he 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 he or the
City can terminate the employment relationship with or without cause at any time.

SECTION 3. Termination and Severance Pay

A. If the City exercises its right to terminate Employee without good cause,
the City shall pay Employee a lump sum cash payment equal to six months aggregate
salary and deferred compensation plus City’s share of medical, dental and life insurance in

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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 3.B. below.

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

Cc. In the event Employee voluntarily resigns his position with the City at any
time, then Employee shall give City sixty (60) days’ notice in advance, or such advance
notice as may be otherwise mutually agreed upon.

SECTION 4. Salary

City agrees to pay Employee for services rendered pursuant hereto at an annual
base of $261,500.00 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.

Cc. Employee will be allowed to adjust his office hours as he shall deem
appropriate so long as he is present each work day and the management of the City is not
harmed.

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

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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.

Cc. The Mayor and Council shall be given prior notice of estimated time and
expenditures under this Section.

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,
medical, dental and vision benefits, holidays, and other fringe benefits and working
conditions as they now exist or hereafter may be amended, including state and federal
requirements for FICA and income tax, 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, except as provided under this Contract.

Cc. Employee shall be covered under the City Code provisions on defense
and indemnification of City employees for acts within the scope of her employment.

D. 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 and deposited in the Employee's City-designated deferred
compensation account.

E. City shall provide Employee a term life insurance plan in an amount equal
to 1.5 times Employee's annual salary, payable to Employee's designated beneficiaries.

F, City shall provide Employee a $40 per month allowance for the use of the
employee's own personal cell phone for City business. This allowance will be paid in
biweekly amounts.

G. Vacation and sick leave will accrue in accordance with the City’s Personnel
Rules.

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SECTION 9. Tax Compliance

Employee shall be responsible for compliance with all Internal Revenue Service
and State Revenue Service requirements for taxes on any salary or benefits.

SECTION 10. 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 and successors to the City.

C, This Agreement shall become effective August 13, 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.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement.

FOR THE CITY EFOR-FHE EMPLOYEE

By: By: ]
MAYOR KEVIN HARTKE OSIUA H. WRIGHT

APPROVED AS TO FORM:

By:

City Attorney fea

ATTEST:

By:

City Clerk

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