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HomeMy WebLinkAbout2020-01-16 - Thomas A Robbins - General Agreements / General Service AgreementsJanuary 2020, Interim Chief Agreement Page 1 of 6 EMPLOYMENT AGREEMENT Interim Chief of Police THIS AGREEMENT is by and between the City of East Wenatchee, Washington, a municipal corporation (the "City"), and Thomas A. Robbins (the "Employee"). RECITALS A. As a noncharter code city, required by RCW 35A.12.020, the City shall have a chief law enforcement officer, which office is held by the appointive office of Chief of Police. B. Effective January 16, 2020, there is a vacancy in the position of Chief of Police of the East Wenatchee Police Department. C. The City has commen_ced a search for a permanent employee to assume the office of Chief of Police. D. The Mayor desires to appoint Employee as the City's Chief of Police on an interim basis until the City is able to appoint a permanent Chief of Police, which appointment must be confirmed by the City' s Council; E. Employee desires to accept employment as the City's Chief of Police, if his appointment is so confirmed, and this Employment Agreement is approved. AGREEMENTS 1. Incorporation of Recitals. The Recitals are incorporated into these Agreements as binding covenants and agreements. 2. Employment. The City employs Employee as the Chief of Police. Such employment shall commence at 12:00 am on January 16, 2020, and shall continue through 11:59 pm on July 15, 2020, unless sooner terminated by either of the Parties. The Parties may also agree to modify the scope or term of this Agreement. 3. At Will Employment - Termination by the Mayor. Employee shall at all times during his employment be considered an at will employee, subject to termination by the City's Mayor at any time with or -without cause. Nothing in this Agreement shall be construed as creating other than an at will employment relationship between Employee and the City and Employee expressly acknowledges that no contrary representations have been made by the City. January 2020, Interim Chief Agreement Page 2 of 6 4. Scope of Employment. a. General. In acting as the Chief of Police, Employee shall at all times comply with all federal, state, and local statutes, rules, and ordinances applicable to the chief law enforcement officer for the City, and shall also employ such methods, techniques, standards and practices, which at the time they are employed, and in light of the circumstances known or reasonably believed to exist at such time, are generally accepted as good and prudent practices for the management and operation of a police department such as exists in the City. b. Demand for highest professional standards. Without limiting the generality of the foregoing, Employee shall work to establish and maintain within the City's police department a culture that commissioned officers and noncommissioned employees of the City's police department are expected, and shall perform, in the highest professional manner. Employee shall be highly visible to all commissioned officers and non-commissioned employees of the City's police department and the citizens of the City and shall set the example for the highest professional standards by his actions. c. Transition to the Permanent Chief of Police. Employee shall undertake and complete such review of the City's police department as Employee believes is appropriate to aid the person appointed by the Mayor as the City's permanent Chief of Police in undertaking the office of Chief of Police. Employee shall participate in the process for the selection of the permanent Chief of Police, as directed by the Mayor. 5. Resignation. Employee reserves the right to resign from employment at any time with or without cause. Employee agrees to give the City two (2) weeks notice prior to the effective date of any such resignation. 6. Compensation. Employee shall be compensated for performing as the City Chief of Police, as follows: a. Salary. Employee shall receive a gross monthly salary of Ten-thousand Two-hundred Seventy-one dollars and 60/100 ($10,271.60), from which will be paid the Employee's share of employment taxes and normal withholdings, and which shall be paid in equal bi-monthly installments pursuant to established practices of the City. b. Benefits. Employee's employment is expressly anticipated to be for a limited period. Consequently, Employee will not be eligible to receive any benefits normally afforded an employee of the City. c. Vehicle. The Employee will bear his own costs in commuting to and from the City. January 2020, Interim Chief Agreement Page 3 of 6 7. Work Schedule. As the Chief of Police, Employee is a confidential, exempt employee for purposes of the Federal Fair Labor Standards Act and as such shall not work a fixed forty hour per week schedule, but shall be available to perform as the chief law enforcement officer of the City at all times, and as the situation requires. Employee shall generally work at the City’s Law Enforcement Facility during regular business hours of the City, Monday through Friday, shall be and shall otherwise be available for contact at all times, and shall be present during those times and events requiring the City's chief law enforcement officer. Otherwise, the Employee shall receive time off for holidays according to the holiday schedule customarily observed by employees of the City. 8. Waiver of Availability Requirement. The City waives the requirement that Employee must be available to respond to the City's police department within 20 minutes. Employee shall designate a commissioned police officer to be the contact for this purpose. 9. Liability Insurance. The City agrees to cover Employee on the City's liability insurance policies to the same extent as any regular employee of the City is covered for acts, errors, or omissions within the scope of employment. All such liability insurance coverage shall be provided at the City's sole cost and expense. 10. Notices. All notices to be given by either party under this Agreement shall be delivered personally or by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Mayor, at 271 9TH Street NE, East Wenatchee, WA 98802. Notices to the Employee shall be addressed to the address provided by Employee to the City, as maintained in Employee's employment file. When mailed, notice shall be deemed to have been given as of the date of deposit in the United States mail. In addition to the mailing of the notice, Employee shall be provided notice through hand delivery, if possible. 11. Severability. If any paragraph, sentence, clause or phrase of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, said invalidity or unenforceability shall not affect the validity or enforceability of any other paragraph, sentence, clause or phrase, and to that end, the terms and conditions set forth in this Agreement shall be severable. 12. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties as to the terms and conditions of Employee's employment by the City and no other agreements or understandings, oral or otherwise, exist or shall be deemed binding upon the parties. This Agreement may be amended only by a written instrument duly executed by both parties.