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HomeMy WebLinkAbout4343 Resolution - Employment Agreement with Adam LincolnRESOLUTION NO.4343 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPOINTING ADAM R. LINCOLN AS THE CITY MANAGER AND APPROVING THE EMPLOYMENT AGREEMENT WITH ADAM R. LINCOLN FOR THE POSITION OF 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 of Pasco needs to hire a permanent City Manager; and WHEREAS, the City Council hired a recruiting firm to perform a nationwide search for City Manager Candidates; and WHEREAS, Adam R. Lincoln is the choice of the City Council to become the City Manager of the City of Pasco; and WHEREAS, Mr. Lincoln has worked in the public sector for over 15 years as an experienced and accomplished manager with an outstanding reputation. He has served as the Interim City Manager for the City of Pasco since November 1, 2022 and was originally hired as the Deputy City Manager for the City of Pasco in October 2020; and WHEREAS, Mr. Lincoln holds a Master's in Public Administration from the University of Washington; and WHEREAS, Mr. Lincoln is an ICMA Credentialed Manager, and is a past president of the Washington City Manager's Association; and WHEREAS, the City Council desires to appoint a City Manager as of April 17, 2023; and WHEREAS, the City desires to execute the recommended Employment Agreement with Adam R. Lincoln to serve as City Manager, and Adam R. Lincoln desires to accept the position as the City Manager for the City of Pasco. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. After an open, competitive interview process, and due consideration, the City Council hereby appoints Adam R. Lincoln as City Manager for the City of Pasco. Section 2. That the Mayor of the City of Pasco is authorized to sign and execute the Employment Agreement Between the City of Pasco and Adam R. Lincoln for the position of City Manager as of April 17, 2023, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Resolution — Appointing City Manager and Approving the Employment Agreement - 1 Section 3. This appointment will be effective upon execution of the Employment Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. ASSED by tla City Council of the City of Pasco, Washington this 17` day of April, 2023. Blanche Barajas Mayor AT EST: �, Ut Debra Barham, CMC City Clerk APPROVED AS TO FORM: Resolution — Appointing City Manager and Approving the Employment Agreement - 2 EXHIBITA CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON AND ADAM R. LINCOLN This Employment Agreement ("Agreement") is entered into by and between the City of Pasco, Washington, a municipal corporation ("Employer" or "City"), and Adam R. Lincoln ("Employee"), for City Manager services, individually a "party" and collectively the "parties." Both parties agree as follows: SECTION 1: TERM AND AT -WILL EMPLOYMENT The City Manager shall be an at -will employee who serves at the pleasure of the City Council and for an indefinite term pursuant to RCW 35A.13.130, as now enacted and hereafter amended, and may be removed by a majority vote of the City Council consistent with the provisions of chapter 35A.13 RCW and Sections 9 and 10 of this Agreement. SECTION 2: DUTIES AND AUTHORITY Employer agrees to employ Employee as City Manager to perform the functions and duties specified in chapter 35A.13 RCW, and to perform other legally permissible and proper duties and functions as agreed to by Employer and Employee. The City Manager is subject to the provisions of the Pasco Administrative Orders or future employee handbook, incorporated by reference herein and as hereafter amended, except for any provisions of the orders or handbook that are inconsistent with this Agreement or state laws regulating the office of City Manager under chapter 35A.13 RCW. The Employee shall perform all duties with reasonable care, diligence, skill and expertise. SECTION 3: COMPENSATION A. Base Salary. Employer shall pay the Employee an annual base salary of $218,000. B. Consideration shall be given on an annual basis to increased compensation. Increased compensation may be in the form of a salary increase, bonus, benefits, or other such consideration as the Employee and City Council may agree upon. Such consideration will be based on merit as determined by a performance evaluation consistent with Section 11 of this Agreement. C. Employer shall adjust the compensation each year by the amount of any COLA granted to other director -tier employees. The Employer agrees to additional increases necessary to maintain a 5% salary differential between the City Manager and the next highest paid salaried subordinate who is also a City of Pasco employee. D. Employer shall not reduce Employee's salary or other financial benefits paid to Employee in a percentage greater than any reduction applicable to all other city non - represented employees. E. This Agreement shall automatically be amended to reflect any salary adjustments that are provided or required by Employer's compensation policies. SECTION 4: RETIREMENT AND DEFERRED COMPENSATION BENEFITS A. Retirement. The Employer shall make required employer contributions on the Employee's behalf into the Public Employees' Retirement System Plan. B. Deferred Compensation. Employee shall be allowed to participate in the City's deferred compensation plan and the City will contribute an amount equivalent to 7% of Employee's annual salary in a 401/457 retirement account subject to and in accordance with the terms of the plan and Internal Revenue Code requirements. C. Parily with Director -Tier Employees. Employer shall provide all current and future benefits provided to other director -tier employees in the same manner as provided in the City's personnel procedures, unless otherwise specifically addressed in this Agreement. Such benefits are in addition to the other benefit provisions of this Agreement. SECTION 5: HEALTH, DISABILITY, AND LIFE INSURANCE BENEFITS A. Employer shall provide and pay the premiums for medical, dental, and vision insurance for Employee and his dependents for coverage levels equal to that which is provided to all other City employees. B. Employer shall provide Employee with the same life, disability, and other insurance policies provided to, or as may be provided to all other director -tier employees. SECTION 6: VACATION, SICK LEAVE, AND PAID HOLIDAYS A. Vacation Accrual. Employee shall accrue vacation time at a rate of twenty-four (24) days (192) hours per year. The annual cap for the Employee shall be 288 hours, or as otherwise provided to all director -tier employees. Additionally, Employee is eligible for any vacation buy-back that other director -tier employees are allowed. B. Sick Leave Accrual. Employee shall accrue sick leave at the rate of eight (8) hours per month of employment, or as may be provided to all other director -tier employees. C. Paid Holidays. Employee shall receive the same paid holidays as other City employees. D. Unused Vacation and Sick Time. In the event the City Manager's employment is terminated either voluntarily or involuntarily, the City Manager shall be compensated for all unused vacation time and sick time at the rates that all director -tier employees would be compensated. SECTION 7: AUTOMOBILE AND TRAVEL Employer shall pay to employee an allowance of $500 per month for automobile and travel expenses effective May 1, 2023, to be applied consistent with City Policy. SECTION 8: GENERAL BUSINESS EXPENSES A. Subject to sufficient budget resources and as set forth in the adopted City budget, Employer shall budget and pay for the following business -related expenses: 1. 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 Employee's continued professional participation, growth, and advancement, and for the good of the employer; 2. Travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to ICMA conferences, state association of cities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member; 3. Travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for Employee's professional development and for the good of Employer; and 4. Employee's Technology Needs. Employer requires Employee to have certain technology, such as laptops, cellphone, tablet, or other devices and software paid for or reimbursed by Employer. Upon Termination, Employee return the technology to Employer. The devices shall be used for business consistent with City policies. B. Employer shall reimburse Employee for normal and customary business expenses incurred by Employee consistent with the administrative orders or employee handbook. The City Finance Director is authorized to make such reimbursements after receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal declarations. C. Employer acknowledges the value of having Employee participate and directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees, meals, and/or dues to enable Employee to become an active member in local civic clubs or organizations. SECTION 9: TERMINATION AND SEVERANCE For purposes of this Agreement, termination shall not include the voluntary resignation of Employee pursuant to Section 10 herein. Should Employer terminate this Agreement with Employee, Employer shall provide Employee with 60 days written notice of termination. Upon termination of this Agreement pursuant to this Section 9 for any reason other than just cause, Employer shall provide Employee a lump -sum payment equal to the value of eight (8) months of Employee's highest base salary and retirement and health benefits and Employee's selected COBRA coverage for Employee and Employee's family, as well as other benefits to include life - insurance coverage, and short and long-term disability. The City Manager's receipt of any severance is conditioned upon the City Manager executing a release of claims agreement that is deemed satisfactory by the City Council and Employee. For purposes of this Agreement, the term "just cause" shall include acts, errors or omissions that discredit the City, as determined by the majority of the City Council; intentional violation of any lawful duty; any unauthorized disclosure of any confidential information of the City; any act of dishonesty, fraud, embezzlement, or theft; conviction of any felony or misdemeanor involving moral turpitude or a material breach by the City Manager of this Agreement. In the event the City terminates this Agreement for just cause, no severance will be paid. SECTION 10: RESIGNATION In the event that Employee voluntarily resigns his position with Employer, Employee shall provide a minimum of 60 days written notice unless the parties agree otherwise. In the event that Employer initiates the early release, it agrees to make payment of a sum equal to the value of pay and benefits, as set forth in Agreement, for the balance of the sixty (60) day period. In the event the Employee initiates the early release, he shall not be entitled to payments for the time beyond his final work date, unless the parties agree otherwise. SECTION 11: PERFORMANCE EVALUATION The City Council will initiate meeting with Employee and establish the major goals, objectives, and specific issues that are to be key priorities of the City Council, from which Employee will take direction in performing the duties of City Manager. The goals may be amended in writing as the City Council may from time to time determine in consultation with Employee. The City Council may grant the Employee additional compensation based on the results of the Employee's performance evaluation, and the additional compensation, if any, shall take effect the first regular salary payment in January of the calendar year following the performance evaluation (for example, in January 2024 for the performance evaluation conducted in December of 2023). The City Council shall initiate the formal review and evaluation of the performance of Employee annually in approximately November/December of each year, based upon the specific written goals and objectives developed jointly by the City Council and Employee. SECTION 12: OUTSIDE ACTIVITIES The employment provided for by this Agreement shall be Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to Employer and the community, Employee after approval by the City Council may elect to accept limited teaching, consulting, or other opportunities with the understanding that such arrangements shall not interfere, nor constitute a conflict of interest, with Employee's responsibilities under this Agreement. SECTION 13: BONDING Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. SECTION 14: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. Duty to Maintain Confidentiality. Employee's position is managerial, and occupies a position of confidentiality involving personnel, labor relations, and legal matters. B. Indemnification and Insurance. Consistent with Pasco Municipal Codes, the City shall indemnify, insure, and hold harmless Employee for all acts arising out of scope of Employee's employment. During employment as City Manager, Employer shall provide to Employee separate legal counsel, if the City cannot represent Employee, for any and all civil legal actions brought against Employee arising from the lawful discharge of duties and within the scope of employment as City Manager. The City shall provide professional liability insurance at the City's sole cost and expense to cover actions taken by Employee during the course and scope of Employee's employment. C. Ethics. Employee shall be bound and shall act in accordance with the ICMA Code of Ethics as currently written or as amended throughout the Employee's term as City Manager. D. Residency Not Required. Consistent with RCW 35A.13.050, Employee need not be a resident of the City of Pasco. SECTION 15: NOTICES Notice required pursuant to this Agreement shall be given by personal service or upon depositing in custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: City Council c/o City Clerk. City of Pasco P.O. Box 293, 525 N. 3rd Avenue, Pasco, WA 99301 EMPLOYEE: Adam R. Lincoln c/o home address in personnel file The Parties may designate a different address for notice upon written notice to the other parry. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the U.S. Postal Service. SECTION 16: GENERAL PROVISIONS A. Integration. This Agreement sets forth and establishes the entire understanding between Employer and Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the parties are merged into a rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the term of the Agreement. Such amendments shall be incorporated and are a part of this Agreement. B. Binding Effect. This agreement shall be binding on Employer and Employee as well as their heirs, assigns, executors, personal representatives, and successors in interest. C. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. D. No Third -Party Beneficiaries. The parties enter into this Agreement for their convenience alone, and there are no third -party beneficiaries to this Agreement. E. Dispute Resolution. This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. F. Legal Consultation and Equal Opportunity to Draft. The parties have the opportunity at their own expense to seek legal assistance and review of all matters connected with this Agreement. The parties have participated in, and had an equal opportunity to participate in, the drafting of this Agreement. No ambiguity will be construed against any party upon a claim that such party drafted the ambiguous language. G. Effective Date. The effective date of this Agreement is set forth in the parties' signatures below. H. Interim City Manager Agreement Terminated. With the appointment of Adam R. Lincoln as City Manager, the Interim City Manager Agreement between the parties, dated November 1, 2022 and supplemented on March 6, 2023, is hereby terminated. EMPLOYER EMPLOYEE Blanche Barajas, Mayor Adam R. Lincoln Date: Attest: Debra Barham, CMC City Clerk Date: