HomeMy WebLinkAboutResolution 2018-013 Jamsheed Mehta employment agreement MARANA RESOLUTION NO, 2018-013
f. ELATING 'TO ADMINISTRATION; APPOINTING JAMSHEED MEHTA AS TOWN
MANAGER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
EMPLOYMENT AGREEMENT BETWEEN 'THE TOWN OF MARANA AND
JA.M'SHEED MENTA
WHEREAS the Town Council is authorized to appoint a town manager pursuant
to A,R.S. § 9-239 and Marana Town Code sections 3-1-2 (A) and 3-2-1. and
WHEREAS by motion adopted on October 30, 2017, the Town Council appointed
jamsheed Mehta to the position of interim town manager effective November 18, 2017,
and
WHEREAS the Town Council now desires to appoint Jarnsheed Mehta to the
position of town manager and the parties desire to set the terms and conditions of
Mr. Mehta-s employment as town manager.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
11JETOWN OF MARANA, that Jamsheed Mehta is hereby appointed as town manager
and that the employment agreement attached to and incorporated by this reference in
this resolution as Exhibit A. is hereby approved i
and the Mayor s hereby authorized
and directed to execute it for and on behalf of the Town of Marana.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 6th day of February, 2018.
Mayor E Honea
ATTEST: APPROVED AS TO FORM:
elyn C. ronson, Town Clerk k Cai.;'sidy, Tow Attorney
MARANA AZ
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Marana.Resoitihon No.2018-0-13
TOWN MANAGER'S]EMPLOYMENT AGREEMENT BETWEEN EN THE
TowN OF MARANA AND JAMSHEED MEHTA
J'hjs Employment Agreement (this "Agreement") is entered into by and between the TOWN
OF MARANA, an Arv*-ona municipal corporation (the `Town) and JAMSHFED MEI-FrA (the '9 own
Manager'). The Town and the Town Manager are collectively refierred to in this Agreement as
the "Parties," and each is sornetirnes individually referred to as a "Party.
RECITALS
A. The 'Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9-239
and Marana Town Code sections 3-1-2(A) and 3-2-1,
B, The Town Manager's education, training and experience qualify him to provide the
profiessional services sought by the Town.
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C. By motion adopted on October 30, 2017, the Town Council appointed the Town Manage-19
to the position of interim town manager of the Town effiective November 18, 2017.
D. The Town Council now desires to appoint the Town Manager to the position of town
manager of the 'I"own and the Parties desire to set the, terms and conditions of the Town
Manager"s employment,
AGREEMENT
Now rri .ZEFORE
in consideration of the mutual promises made in this Agreement, the
,
Parties agree as follows
Article 1. Appointment
The Town Council hereby appoints and employs the Town Manager as the town manager of
the Town of Marana.
Article 2. Term
2.1. Initial rl,,ej_m. I'his Agreement shall be effective on February 6, 2018, and shall continue
in full Ibrce and effect until February 5, 201.9, unless it is sooner terminated by either Party
pursuant to Article 5 below,
2.2. Continuation of Term. If this Agreement expires at the end of the initial term set 'forth in
paragraph 2.1 above, but the 'Town Council takes no action to terminate the Town Manager's
employment, this Agreement shall continue in full force and effiect under the same tern-is and
conditions set forth herein, unless and until the Town Council i) terminates the Town Manager's
employment or ii) rep laces or amends this Agreement.
2.3, *Severance Provision Term. The provisions of paragraph 5.1- below relating to the
payment of severance shall remain in full force and effect throughout the term of this Agreement
to the extent permitted by Arizona law,
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Article 3. Duties and Performance
3.1. Standards of Performance. The Town Manager shall render professional town
managernent services to the Town. The Town Manager shall be under the administrative
supervision and control of the Town Council, subject to his compliance at all times with federal,
state and local law, and the -international City/County Management Association Code of Ethics.
3.26 Full-Time work. The Town Manager shall devote his full working professional time and
attention to the management of the Town of Marana. During his emp loynient by the Town, the
Town Manager shall not, without written consent of the Town, directly or indirectly render
services of a professional nature to or for any person or firm for compensation, or engage in any
practice or professional endeavor that compromises the interests of. the Town. However, the
expenditure of reasonable time and resources for civic, comn7unity, non-municipal political or
professional activities shall not be deerned a breach of this provision.
3.3. Annual Goals and objectives. Annually, as part of the budget process, the Town Council
and the Town Manager shall define such goals and performance objectives that they determine
necessary for the proper operation of the Town and in. the attaizurnent of the Town Council's
policy objectives and shall further establish a relative priority among those various goals and
objectives. The goals and objectives shall be reduced to writing. The goals shall generally be
attainable within the tirne limitations as specified and the annual operating and capital budgets
and appropriations.
,A r cle 4. Compensation and Benefits
4.1. Salary. The Town shall pay the Town Manager an annual salary of $188,000.00,
beginning on the effective date of this Agreement.
4.2. Delbrred Compensation. The Town shall execute all necessary documentation allowing
the Town Manager to enroll in a qualified deferred compensation plan and the Town shall
contribute an amount equal to S%of the Town Manager's annual salary.
4.3. Expnses. The Town shall reimburse the Town Manager for all reasonable travel and
business expenses incurred by the Town Manager in the performance of his duties, in accordance
with the general policies of the Town. Reasonable business expenses shall include, but are not
limited to, costs incurred to meet and dine with individuals and groups involved in or sought out
to be involved in Town development or economic development activities. rl"he Town shall pay
for the Town Manager's attendance at a reasonable number of professional or Municipal
conferences, specifically including reimbursement for professional association dues and one
annual International City/County Managernent Association (ICMA) conference and appropriate
State professional conferences. The Manager is encouraged to participate in civic activities. The
Town shall sponsor and pay for membership dues and fees for the Manager's involvement ill
local service organizations.
4.4. 1ndernniffcation. The Town shall indemnify, defend, and hold the Town Manager
harmless from all liability for damages, court costs, litigation expenses, and attorney fees which
arise out of acts or omissions of the Town Manager conuilitted within the course and scope of
the Town Manager's employment. The Town Manager shall have the rights set forth under Town
Code Section 2-10-2 as it currently exists, and any arnendr-hent that lii-nits or reduces the
protection of the Town Manager during the duration of this Agreement shall not apply.
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4.5. 1 iabilit Covera e. rl"'he �lYown shall maintain comprehensive. liability coverage
effectively covering the Town Manager against any and all claims associated with the reasonable
performance of the Town Manager's responsibilities within the scope of his employment.
4.6, Fidel Bond. The Town shall bear the full cost of any fidelity or other bonds required
of the Town. Manager.
4.7. Holidays The Town Manager shall be entitled to the same paid holidays to which other
employees of the Town are entitled, as provided in the Personnel Policies and Procedures.
4.8. Maria ped Time off MTo Leave, The Town Manager shall be entitled to the same
managed time off (MTo) leave allocations as are afforded to department directors of the Town,
including an additional 40 hours of MTo leave per calendar year, as provided in the Town's
Personnel Policies and Procedures.
4.9. vacation Leave. The Town Manager shall accrue vacation leave at the rate of 6.15 hours
per pay period, and upon termination of employment shall receive pay for accrued but u11LIsed
vacation leave in the same manner and amount as provided for all other Town employees under
the Town's Personnel Policies and Procedures. The 240-hour cap oil vacation leave established
by the Town's Personnel Policies and Procedures shall not apply to the Town Manager, and is
hereby replaced with a total vacation leave accrual cap of 350 hours.
4.9.1. At any time during the term of this Agreement, the Town Manager nlay request
that the Town purchase, at the applicable salary rate set forth in paragraph 4.1. above, up to a
cumulative total of 1.25 hours of the `Down Manager's accrued vacation leave from the Town
Manager,
4.10. Tuition Reimbursement. The Town shall provide the same tuition reimbursenrient to the
Town Manager as is available generally to Town employees under Policy 6-2 of the Town's
Personnel Policies and Procedures. The Mayor shall perform all functions normally undertaken
by the department head, human resources director or town manager under Policy 6-2 far
purposes of reviewing and approving tuition reimbursement requests by the Town Manager.
4.11. Use of Town Vehicle. The Town Manager's duties require that he shall at all tillies
during his employment with the Town have use of an automobile provided to him by the Town
for Town business. The Town Manager may transport guests of the Town Manager within or
outside the "Town's corporate limits. The Town Manager is permitted to make incidental personal
use of the Town vehicle, including by way of example stopping for personal business on the
way to or from official Town business.
4.12. Health and other Insurance• Retirement Plan- other Benefits. Except as otherwise
an'iended or expanded by this Agreement, the Town Manager shall receive all insurance,
retirement, and other benefits afforded to all other Town employees.
4.13. work Hours. The Town recognizes that the Town Manager must devote a great deal of
time outside normal office hours to the business of the Town. The Town Manager may adjust: his
office hours as he shall deem appropriate so long as he is reasonably available and the
management of the Town is not harmed.
Article 5. Termination.
5.1. Termination by he Town far Convenience. if the Town Manager is terminated by the
Town for any reason other than "for cause" (see paragraph 5.2 below), including termination
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upon expiration of the initial termset forth in paragraph 2.1 above, the Town shall pay tTohe wn
Manager a lump sum, severance payrnent equal to six months' salary and the following benefits.,
51.1. A lump surn payrnent for the Town Manager's accrued unused vacation leave (see
paragraph 4.9 above), and
5.1.2. A lump sura contribution to the Town Manager's deferred compensation plan (see
paragraph 4.2 above) in the amount of 5% of the Town Manager's then existing annual
salary,
5.1.2.1.. If the Town is unable to make the lurnp sum contribution, or any portion of
the lump sum contribution, to the Town Manager's deferred compensation plan (see
subparagraph 5.1.2 above) because the contribution would exceed the maxillIL1111
contribution allowable by law for the calendar year for the Town Manager's deferred
compensation plan, the Town shall make a payrnent in the amount set forth in
subparagraph 5.1.2 above, or in the remaining portion of that amount not able to be
contributed to the deferred compensation plan, directly to the Town Manager.
5.2. Termination by the Town for Cause. If the Town terminates the Town Manager's
employment "for cause," then this Agreement shall terminate. All salary payable to the Town.
Managerunder this Agreement shall invilediately cease, except that all earned but unpaid salary
and benefits, and any other earned benefits required to be paid pursuant to this Agreement and
the 'Town's Personnel Policies and Procedures shall be paid to the Town Manager. 'The Town
Manager shall not be eligible for any severance payment or benefits payable under paragraph 5.1
above. "For cause" is defined for purposes of tills Agreement as (i)the commission of a criminal
oftense; (ii) the commission of an immoral act or other behavior, whether on or off duty, which
brings the "FOwn into disrepute, embarrasses the Town publicly, or raises questions about the
Town Manager's fitness to serve in his role as Town Manager; (iii) non-performance of a
required duty; or (iv) any similarly serious reason for termination.
5.3. Termination by. the Town Manager. The Town Manager may terminate this Agreement
at any time, for any reason or for no reason, by delivering to the Mayor and Council a written
notice no later than 30 days in advance of his requested termination date. If the Town Manager
terminates this Agreement, the following terms shall apply:
5.3.1. All salary payable to the Town Manager under this Agreement shall cease when
the Town Manager's employment ends. All earned and unpaid salary and benefits and ally
other earned benefits required to be paid pursuant to this Agreement and the 'Town's
Personnel Policies and Procedures shall be paid to the Town Manager. The Town may, ill its
sole discretion, elect to accelerate the Town Manager's departure date frorn the Town upon
receipt of the Town Manager's notice. In that event, the Town Manager shall be paid through
the accelerated termination date chosen by the Town.
5.12. In the Town's sole discretion, the Town may request that the Town Manager make
himself reasonably available, as needed by the Town, for consulting purposes for a period of
three months after termination. In that event, the Town and the Town Manager shall enter
into a separate agreement for the purpose of compensating the Town Manager on all hourly
basis for his services, at a rate equivalent to his compensation and benefits earned with the
Town pursuant to this Agreement.
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TOWN M ANAGER JAMSHEED M EFITA EmP LOYMENr ACRE IMS
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Article 6. General Terms and Condlt*ons
6.1. Recitals. The recitals set forth at the beginning of this Agreement are hereby
acknowledged, confirmed to be accurate and incorporated here by reference.
6.2. Entire Agreement. This Agreement constitutes the entire agreement between the Parties
pertaining to the subject matter of this Agreement. .All prior and contemporaneous agreements,
representation and understanding of the Parties, oral or written, are hereby superseded and
merged in this Agreement.
6.3. Sever . If any provision of this Agreement is declared illegal, invalid or
unenforceable, in whole or in part, under present or future laws, it shall be severed kom the
remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the
illegal, invalid or unenforceable provision, there shall be added automatically as part of this
Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as
may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed
reformed accordingly.
6.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the laws of Arizona.
6.5. Interpretation. This Agreement has been negotiated by the Town and the Town Manager,
and neither Party shall be deemed to have drafted this Agreement for purposes of construing any
portion of this .Agreement for or against any Party.
6.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38--511, which provides tnr
cancellation of contracts in certain instances involving conflicts of interest..
[SIGNATURE PAGE FOLLOWS]
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TOWN MANAGER JAMsH�-ED ME STA EMPLOYMEM"AGREENDNV2018-2019
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TOWN: TOWN MANAGER:
r-F,u: TowN OF MA RANA,
L11-1 At-izomi n'xii-iic ipa l corporation
By: By:
Ed aneayor Jamsheed eht
Date: /c Date:
ATTEST:
celyn Bronson, clerk
APPROVED AS To FORM:
Ja airall, Deputy Town Attorney
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TOWN MANAGER JAMSHEED M EHTA EMPLOYMENT AGREEMENT/201$-2019
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