The URL can be used to link to this page

Home My WebLink About4266 Resolution - Interim City Manager Agreement RESOLUTION NO.4266 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE PERSONAL SERVICES AGREEMENT FOR THE POSITION OF INTERIM CITY 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 will be recruiting a new City Manager and the recruitment may take several months; and WHEREAS, pending the appointment of the new City Manager, the City Council desires to appoint an Interim City Manager as of November 1, 2022; 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,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASffiNGTON: That the Mayor of the City of Pasco is authorized to sign and execute the Personal Services Agreement Between the City of Pasco and Adam Lincoln for the position of Interim City Manager as of November 1, 2022, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary steps required to accomplish this transaction, and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved,that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 24th day of.October, 2022. Blanche Mayor ATTEST: APPROVED AS TO FORM: ��"l � � Debra Barham, CMC Kerr F =uson Law, PLLC City Clerk Ci Attorneys Resolution—Interim City Manager Agreement- 1 EXHIBIT A 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 tertns and conditions of this Agreement and Manager agrees to perform 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 mav elect to return to his former position, Denutv Citv Mana�er, at the same salarv and benefits as before acce�tin� the Interim Ci , Mana e�r position, unless he is dischar�ed by Citv for just 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, 1 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 by Mana�er. In the event the Manager elects to terminate his employrnent 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 Copies. 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. 2 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. Failure 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. DATED this day of , 2022. CITY OF PASCO: ADAM LINCOLN: By: By: Blanche Barajas, Mayor Adam Lincoln, Interim City Manager ATTEST: By: Debby Barham, City Clerk APPROVED AS TO FORM: 4 By: FE LAW, PLLC City rneys for the City of Pasco 3 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 Agreement is approved as to form. Independent Legal Counsel Waived: Adam Lincoln Independent Legal Counsel, Approved as to form: Signature (Print Name) 4