HomeMy WebLinkAboutAdam Lincoln - Personnal Services Agreement for Interim City Manager PERSONAL SERVICES AGREEMENT BETWEEN
THE CITY OF PASCO AND ADAM LINCOLN
FOR THE POSITION OF INTERIM CITY MANAGER
THIS AGREEMENT is made this date between the City of Pasco,hereinafter referred to
as "City"and Adam Lincoln,hereinafter referred to as "Manager."
WHEREAS, the City of Pasco is a non-charter, optional municipal code city organized
under the council-manager form of government; and
WHEREAS, the City desires to contract with Adam Lincoln to serve as Interim City
Manager, and Adam Lincoln desires to accept the position as the Interim City Manager for the
City of Pasco.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties
hereby agree as follows:
1. Commencement of Services. The City agrees to employ Manager, and Manager agrees
to accept the position of Interim City Manager for the City of Pasco in accordance with the
terms and conditions of this Agreement and Manager agrees to perfortn that statutory role
of City Manager, as well as adhere to the requirements of Pasco Municipal Code 2.10.
2. Term. This Agreement shall be effective as specified herein, upon approval by the City
Council and Manager, and shall continue until terminated as provided by law, or by the
provisions of this agreement. Should the Manager not be selected as the permanent City
Manager, or fail to satisfactorily perform the duties of the position as required by the City,
or should the Manager decline to accept the position of permanent City Manager if offered,
the Mana er ma elect to return to his former osition. De u Ci Mana er at the same
salary and benefits as before accepting the Interim Ci. Manager position, unless he is
dischar ed b Ci for 'ust cause.
3. Salarv. Manager shall be paid a salary of$16,790.00 per month for serving as both the
Deputy City Manager and the Interim City Manager, which shall be paid in accordance
with the procedures for other employees of the City.
4. Benefits. Manager shall be entitled to all other benefits as currently allowed.
5. Termination.
a. If Manager is terminated for"just cause,"then Manager shall not be entitled to any
termination pay and will not be permitted to return to his former position. "Just
cause"for purposes of this Agreement means misconduct, including but not limited
to commission of a criminal act,neglect of duty,violation of any rules,regulations,
policies or procedures of the City, sexual or other discriminatory harassment in
violation of State or Federal anti-discrimination law, malfeasance or misfeasance,
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violation of the Code of Ethics for Municipal Officers, any conduct that would have
an adverse effect upon the performance of the Manager's duties or reflect
detrimentally upon the City, or any other just cause supported and consistent with
Washington law.
b. Termination b Mana er. In the event the Manager elects to terminate his
employment with the City for any reason,the Manager agrees to attempt to provide
the City with not less than thirty(30)days' notice prior to the effective date of said
termination of employment. Notwithstanding the foregoing notice requirement,
nothing shall prevent the City Council upon receiving the Manager's notice of
intent from compensating the Manager at the rate of Manager's base salary for the
unexpired portion of the thirty (30) day notice and releasing Manager prior to the
expiration of said notice.
6. Indemnification. The City shall indemnify, hold harmless, and defend the Manager from
and against any claims related to or arising out of the good faith exercise of the powers and
duties of City Manager. This indemnification and hold harmless shall continue after
Manager's employment ends, but only insofar as it related back to claims arising either
directly or indirectly out of his employment by the City.
7. Integration. This Agreement constitutes the entire agreement between the parties, and
both parties acknowledge that there are no other agreements, oral or otherwise, that have
not been fully set forth in the text of the Agreement.
8. Modification. The parties agree that this Agreement can be amended or modified only
with the written concurrence of both parties.
9. Notices. Any notice required to be given under this Agreement shall be delivered or mailed
to the following parties at the following addresses:
THE CITY OF PASCO INTERIM CITY MANAGER
Attention: Office of the Mayor Mr.Adam Lincoln
525 N. Third Ave. 525 N. Third Ave.
Pasco, WA 99301 Pasco, WA 99301
Notices either may be delivered personally to the addressee of the notice, or may be
deposited in the United States mail, postage prepaid to the address set forth above. Any
notice so posted in the United States mail shall be deemed received three(3)days after the
date of mailing.
10. Authorization of Electronic Covies. Both parties agree that upon Manager signing an
electronic copy of this Agreement, transmitting the same to the City, and upon the Mayor
signing said electronic copy, that both parties shall be bound by the terms and provisions
of this Agreement. Both parties shall subsequently execute the original, non-electronic
copies of this Agreement,which shall be substituted for the signed electronic copy.
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11. Effective Date. All compensation and benefits under this Agreement shall begin to accrue
as of November 1, 2022, which shall be the effective date of this Agreement.
12. General Provisions. Failwe to enforce any provisions of this Agreement shall not
constitute waiver of said provision. This Agreement represents the entire agreement
between the parties. Should any dispute arise concerning the enforcement breach or
interpretation of this Agreement, the parties shall first meet in a good faith attempt to
resolve the dispute. Any unresolved dispute shall be submitted to arbitration. The dispute
shall be submitted to a single arbitrator mutually agreed by the parties. If the parties are
unable to agree, the arbitrator shall be determined by the Franklin County Superior Court,
and arbitration shall be conducted pursuant to RCW 7.04A, as amended, with both parties
waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be
conducted in Pasco, Franklin County, Washington, the cost of the arbitration shall be
equally borne by the parties,and the arbitrator shall award,as additional judgement against
the other, attorney's fees and costs to the substantially prevailing party.
jl�- u _ —
DATED this � � day of ���`c�X�/ , 2022.
CITY OF PASCO: ADAM LINCOLN:
r iG'` " ! -
By: By:
B a arajas, Mayor Adam Lincoln, Interim City Manager
ATTEST:
B � �'(�l
Y• .
Debby Bar am, City Clerk
APPROVED AS TO FORM:
By:
KERR SON LAW, PLLC
C' Attorneys for the City of Pasco
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The Manager acknowledges that he has the right to consult with independent legal
counsel and has elected to waive such right and acknowledges that in signing this
Agreement he is not acting under fraud,duress or undue influence of any person or persons.
In the event the Manager does not waive the right to consult with independent legal counsel,
the fact that such consultation shall be indicated by independent legal counsel signing on
the line provided below, indicating that the Agreernent is approved as to form.
Independe Legal Couns�Waive : -
� '� � '
_ �
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Adam Lincoln
Independent Legal Counsel,Approved as to form:
Signature
(Print Name)
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