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HomeMy WebLinkAboutShawn Frederick - 082924 EMPLOYMENT AGREEMENT Shawn Frederick THIS AGREEMENT, made and entered into this 3_r`, day of September, 2024, by and between Jefferson County, Washington, a municipal corporation, hereinafter called 'Employer,' and Shawn Frederick, hereinafter called 'Employee,' both of who agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of Shawn Frederick as Jefferson County's Central Services Director; and WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County, Washington on behalf of the Employer, to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as the Central Services Director for Jefferson County, Washington; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ Shawn Frederick as the Central Services Director for Jefferson County beginning on August 26, 2024 to perform the functions and duties as specified in the Job Description for the Central Services Director as presently adopted and as may be amended in the future, and as specified in state law and by the Ordinances and Resolutions of said County, and to perform other legally permissible and proper duties and functions as the Employer or designee shall assign from time to time. Section 2.Term 1. Employee shall be employed for an indefinite term commencing on August 26, 2024, and shall serve at the pleasure of the Employer. Employee shall be considered an "at will" employee of the Employer. 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 14 of this Agreement. 3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 14.4 of this Agreement. 4. Employee is hereby granted continuing employment status with Employer and Employee agrees to remain in the exclusive employ of the Employer and neither to accept other employment nor to become employed by any other employer except as provided herein. Shawn Frederick Employment Agreement Page 2 of 8 5. The term "employed" shall not be construed to include occasional teaching, writing or consulting service performed on employee's own time off, provided they are consistent with Chapter 42.23 RCW and Jefferson County's Code of Ethics. Section 3. Salary 1. Employer agrees to start Employee on the Exempt Salary Matrix at Grade MGR 22,Step 3, which in 2024 is $9,974.69 per full month worked, pro-rated for any partial month worked. 2. Annual step increases and/or general wage adjustments will be provided in the same manner as provided to other Exempt employees of the Employer, pursuant to the salary rates of the Exempt Salary Matrix. Section 4. Benefits 1. Except as described herein, Employee shall receive the same Employee Benefits as Jefferson County's other Exempt Employees, which shall be administered pursuant to adopted County policies and the Jefferson County Personnel Administration Manual. All provisions of the Code of Ordinances, and regulations and rules of the Employer relating to personal time off, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other Exempt employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. 2. Personal Time Off (PTO): As of August 26, 2024, Employee's starting Personal Time Off (PTO) account will be credited with 80 hours (10 days). Employee may use PTO during the six-month trial period with County Administrator approval. Personal Time Off is in lieu of vacation and sick leave. In addition to the starting P.T.O. account balance above, P.T.O. shall be earned, accrued, used and administered pursuant to Chapter 6, Section 3.0 of the Jefferson County Personnel Administration Manual, starting at a rate of twenty-seven (27) days of Personal Time Off per year at the 10-year accrual rate of the County's PTO accrual schedule during the Employee's first year of employment. The Employee's PTO earning rate will increase at specific periods per the County's adopted PTO accrual schedule, building upon the 10-year accrual rate at appropriate intervals. Use of P.T.O. during Employee's evaluation period is limited and by approval of the County Administrator. P.T.O. Banking and cash out shall be pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual. In the event Employee leaves County employment during the evaluation period, the P.T.O. bank balance is not eligible for cash out. 3. Holidays: Employee shall be entitled to holidays pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual. This includes one (1) floating non-accruing holiday. 4. Bereavement: Employee may avail themself to the same consideration with regard to bereavement leave as is afforded all other Exempt employees of Employer. 5. Health Benefits: Employer agrees to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded other Exempt employees of Shawn Frederick Employment Agreement Page 3 of 8 Jefferson County. Employer will pay COBRA premiums for Employee up to $1,500 per month for up to three months. Sound Health and Wellness Trust Medical coverage will begin on December 1, 2024 and dental coverage will begin on January 1, 2025. 6. Retirement: Employee shall be a contributing member of the Washington State Public Employees Retirement System (PERS)and Social Security in the same manner afforded all other Exempt employees of Jefferson County, and Employer shall make employer contributions as afforded all other Exempt employees of the Employer. Section 5. Evaluation Period and Performance Evaluations 1. Employee shall have a six (6) month evaluation period. In the event extenuating circumstances interrupt the evaluation period or result in unsatisfactory completion,the County Administrator may extend the evaluation period for up to an additional 6 (six) months. Employee may be terminated without notice and without cause during the evaluation period or at its completion. Performance of Employee will be evaluated in writing by the County Administrator at least once every 3 (three) months during the evaluation period.The County Administrator shall review the performance of Employee at the end of the evaluation period and may document successful completion of the evaluation period by submitting a Payroll Status Change Form for approval by the County Administrator, a copy of which will be placed in Employee's employment personnel file. 2. The County Administrator may review and evaluate the performance of Employee in writing at least once every 12 (twelve) months from the Employee's date of employment. Section 6. Hours of Work It is recognized that Employee may be required to devote time outside normal office hours, and to that end, Employer recognizes that there will be occasions at which Employee will work non- traditional hours. Both parties recognize that Employee is an Exempt employee as defined by the Fair Labor Standards Act. Section 7.Automobile Employee is encouraged to use a County pool vehicle for County business travel. If Employee is required through circumstance to use their own automobile for County business, Employee is entitled to receive mileage allowance in accordance with the Jefferson County Personnel Administration Manual, Appendix D - Travel and Transportation Policy and Procedures. Section 8. Office Equipment Employee's duties require that he shall have unrestricted use at all times during employment with Employer of a personal computer, including hardware, software and printer and shall be subject to the same use restrictions as outlined in the Jefferson County Personnel Administration Manual and County policy. Shawn Frederick Employment Agreement Page 4 of 8 Section 9. Dues and Subscriptions Employer agrees to pay for the professional dues and subscriptions of Employee necessary for his full participation in national, state and local chapters of professional organizations for his continued professional participation, growth and advancement, for the good of the Employer, as budgeted. Section 10. Professional Development Employer agrees to pay the registration, travel and subsistence expenses of Employee to attend meetings and conferences of professional associations, state, and regional groups of which Employee serves as a member, as budgeted funds allow. Time while at such meetings and conferences is considered time worked. Section 11. General Expenses Employer recognizes that certain appropriate work-related expenses of a non-personal nature may be incurred by Employee, and hereby agrees to reimburse or to pay said expenses consistent with adopted County policies, and the County Auditor is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Such payments are to be regulated by the disbursement rules of Employer. Section 12. Civic Club Memberships Employer recognizes the desirability of representation in and before local, civic and other organizations, and Employee is authorized to become a member of various civic groups at his own expense under the same provisions as other employees of the Employer. Section 13. Indemnification and Bond 1. Employer shall defend, save harmless and indemnify Employee pursuant to the provisions of Chapter 2.05 of the Jefferson County Code. 2. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 14. Termination 1. In the event Employer no longer wishes to avail itself of the services of Employee, Employer shall endeavor to give Employee one (1) month advance notice so that he may obtain suitable employment elsewhere. In such case, the Employer shall provide Employee time off and/or other flexibility in work duties as may be necessary to seek other employment. 2. After the six-month evaluation period, should the Employee be terminated by the Employer with or without cause during such time that Employee is willing and able to perform his duties under this Agreement, then the Employer agrees to pay Employee, as severance, a cash payment equal to three (3) months of Employee's then current annual compensation, including salary and the amount paid by Employer for Employee's health, dental and vision coverage. Shawn Frederick Employment Agreement Page 5 of 8 Further, the payment of said severance is expressly conditioned upon the Employee and the Employer executing a separation and release agreement that shall settle and release any and all claims Employee may have, known or unknown, against the County. Such severance payment shall fully and finally release the Employer from any and all further obligations to Employee under this Agreement. Any severance shall be paid in a lump sum within thirty (30) days of termination unless otherwise agreed to by Employer and Employee. 3. If the Employee resigns following an offer by the County Administrator to accept Employee's resignation,whether such offer is written or oral,then the Employee declare a termination 8may under Section 14.2 of this Agreement. 4. The Employee shall give Employer at least one (1) month notice in advance of his voluntary resignation from the appointed position, unless the parties otherwise agree. Section 15. Other Terms and Conditions of Employment 1. Except as otherwise provided herein, Employee shall be subject to all County employment policies and procedures, including but not limited to the Jefferson County Personnel Administration Manual, in the same manner as other County FLSA-exempt employees. 2. The Employer, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the ordinances, or any other law. Section 16. No Reduction of Benefits Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across- the-board for all management employees of the Employer. Section 17. Notices 1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, certified mail, postage prepaid, addressed as follows: EMPLOYER: Jefferson County, Washington County Administrator P.O. Box 1220 Port Townsend, WA 98368 EMPLOYEE: Shawn Frederick 38651 Benchmark Ave NE Hansville, WA 98340 Either party shall notify the other in writing as to a change in address, and that address shall be Shawn Frederick Employment Agreement Page 6 of 8 substituted for purposes of mailed notice under this subsection. 2. Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as provided by law. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 18. General Provisions 1. The text herein shall constitute the entire agreement between the parties. No representation or promise not expressly contained in this Agreement has been made. The parties are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not expressly contained in this Agreement. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 2. Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and costs. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. 3. Employee understands and agrees to follow Employer's policies applicable to all employees, including but not limited to Employer's drug use policy and tobacco policy. 4. Any form of harassment, discrimination, or improper fraternization with any other employee is strictly prohibited. Neither Employer nor Employee shall discriminate on the basis of any lawfully protected class. 5. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 6. Upon ratification, this Agreement shall become effective. 7. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable,the remainder of this Agreement, or portion thereof,shall be deemed severable, shall not be affected and shall remain in full force and effect. 8. Jefferson County, as a political subdivision and local government of the State of Washington, is subject to the Public Records Act, codified at Chapter 42.56 RCW, and as such, this Agreement is a "Public Record" subject to that state law. Section 19. Expiration This Agreement shall renew automatically on August 26th of every year beginning on August 26, 2025, unless either the Employer or Employee terminate this Agreement in a manner consistent with Section 14 of this Agreement. If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 14 of this Agreement and if the terms of Section 14 and this Section are in conflict, then the terms of Section 14 shall control. Shawn Frederick Employment Agreement Page 7 of 8 Section 20. Contingencies Employment is contingent upon Employee having a valid Washington State Driver's License and passing a background check. (SIGNATURES FOLLOW ON THE NEXT PAGE) Shawn Frederick Employment Agreement Page 8 of 8 The Board of County Commissioners has caused this Agreement to be signed and executed and the Employee has signed and executed this Agreement, effective on the date below. seri".4n EXECUTED this ' day of Atsgnsi 2024 COUNTY ADMINISTRATOR EMPLOYEE: Shawn Frederick I fr� q /..? Mark u ey a Shawn Frederick Date County A ministrator ATTES : APPROVED AS TO FORM ONLY: C • Carolyn Gallaway, C C er of the Board Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Shawn Frederick Contract No: S Frederick 2024 Contract For: Employment Term: Indefinite COUNTY DEPARTMENT: CountyAdmmstratur Contact Person: Mark McCau'ey Contact Phone: 3tit:-3HS 4•30 Contact email: rmrccauiey@co refterson wa is AMOUNT: $9,974.69/month to start PROCESS: — Exempt from Bid Process Revenue: NIA Cooperative Purchase Expenditure: $4 974.69/month to start ^_ Competitive Sealed Bid Matching Funds Required: NiA Small Works Roster Sources(s)of Matching Funds N/A .— Vendor List Bid Fund # 506-50/-001 — RFP or RFQ Munis Org.+Obj 506-507-001 Other:competitive hire APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COM IANCE WIT J ' '3.55.080 AND CHAPTE 42.23 RCW. CERTIFIED: N/A:0 8 as Si iature Late STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL STATE, OR LOCAL AGENCY. CERTIFIED: Si ore Da STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6:CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL E I eEtkaticeriigrealy appetkad th:yfbirskby PAGlanai`efrt+t FZAn 8/29/2024. i Co fortt,raxtta nth a'► Irn 1oyee constract.