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Approve employment agreement with Janelle Kambich for Consulting BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-118 RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT BETWEEN LEWIS COUNTY AND JANELLE KAMBICH FOR CONSULTING OFFICE-MANAGEMENT AND TECHNICAL SERVICES WHEREAS, Janelle Kambich is leaving the Lewis County Prosecuting Attorney's Office employ amicably after serving in the office for 18 years, including 9 years as Office Manager; and WHEREAS, Ms. Kambich has a large amount of institutional knowledge and office- specific management and technical expertise, which there was insufficient time for her to impart to her replacements; and WHEREAS, without her assistance in the short term, the efficient and effective workings of the Prosecutor's Office will be affected; and WHEREAS, the Lewis County Salary Grid places all casual employees in one salary classification, and at times will require pay above the casual classification scale; and WHEREAS, Ms. Kambich is willing to provide office-management and technical consulting as a casual non-exempt Lewis County employee, paid above the casual classification scale at the rate of $50.00 per hour, billing in fifteen minute intervals, and subject to all applicable deductions, including but not limited to employment and payroll taxes; and WHEREAS, it appears to be in the public interest to have Ms. Kambich perform these services. NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners approves the casual employment of Janelle Kambich as specified herein. DONE IN OPEN SESSION this 6th day of April, 2020. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By: Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney •••....k• •• Edna J . Fund ATTEST: •;`S�PRD OB'.S'G ° "cEdna J. Fund, Vice Chair CE S C{ • J1 rni• 1?A5 2� Rieva Lester Robert C . Jackson Rieva Lester, ' Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners `VZING Ali O • O2 � tt�F'"`"'�" Lewis County Prosecuting 345 W. Main Street, 2nd Floor Chehalis,WA 98532 • .... '• • Attorney's Office Phone: (360) 740-1240 aP Fax: (360) 740-1497 's TDD: (360) 740-1480 Casual Employee Agreement This Agreement is between the Lewis County Prosecuting Attorney, on behalf of Lewis County, ("County") and Janelle Kambich ("Employee") for casual office-management and technical consulting work in an average amount of less than 80 hours per month. 1. Agreed Statement. Employee worked in the Lewis County Prosecuting Attorney's Office for 18 years, including as Office Manager for the last 9 years. She has a large amount of institutional knowledge and office-specific management and technical expertise concerning the office's work. She did not have sufficient time after accepting employment elsewhere to impart that knowledge to her replacement(s). Without her assistance in the short term, the efficient and effective workings of the Prosecutor's Office will be affected. Employee is the only person suitable to provide this short-term assistance because she is currently the only person with full knowledge of her former position. The amount of services anticipated in this agreement are well under $40,000. The anticipated services do not fall within the scope of any services currently or previously assigned to any collective bargaining unit of the Prosecuting Attorney's Office. 2. Duration. This agreement shall commence immediately upon the end of Employee's last day of work as a full-time employee of County and continue in force until July 31, 2020, unless terminated. Termination may be at-will for either party upon two weeks' written notice, which may be accomplished via email or letter. 3. Duties of Employee. Employee shall: a) Consult with and provide office-management and technical advice to County as a casual employee on an as-needed basis, based upon her experience. These services may be by phone, email, or in person. b) Travel to the Lewis County Prosecuting Attorney's Office on an as-needed basis, as may be mutually agreed upon by the parties, for such consultation. c) Keep an accurate record of time spent on the above activities, and supply this record monthly to County in time for proper payroll preparation. d) Accept compensation as set forth below as full payment and satisfaction for the services above. It is the Mission of the Lewis County Prosecutor's Office to zealously seek justice in all criminal matters,consistently promote public confidence in the legal system,and diligently represent county government while adhering to the highest ethical and moral standards. 4. Duties of the County. County shall: a) Contact and arrange to receive Employee's services on an as-needed basis. not to exceed an average of 80 hours per month. b) Compensate employee in the amount set forth below in the same manner as other casual employees. c) Otherwise comply with all applicable laws, such as tax and employment laws, regarding Employee in the same manner as other casual employees. 5. Compensation. Employee shall be compensated as a casual employee at the rate of $50.00 per hour. billing in fifteen minute intervals, and shall be subject to all applicable deductions, including but not limited to employment and payroll taxes—PROVIDED, that if the Board of County Commissioners approves only a lower rate, the latter shall apply. 6. Legally Required Benefits Only. Employee shall not be entitled to any benefits (such as annual leave, medical insurance, etc.) except as required by law. One such required benefit is paid sick leave, to which Employee shall be entitled as set forth in the Lewis County Employee Handbook. 7. Entire agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter covered, supersedes all prior and contemporaneous understandings. and may only be amended in a written instrument signed by the parties. 8. Choice of law and venue. This Agreement is made in Lewis County, Washington. It shall be construed in accordance with the laws of the State of Washington (excluding Washington's choice of law rules). Any action to enforce any rights or obligations created by this Agreement or to construe this Agreement shall be brought in the Superior Court of Washington for Thurston County. 9. Cash-out. Upon commencement of this Agreement, Employee shall be entitled to cash-out of her accrued annual leave and accrued sick leave in accordance with Lewis County policy. All sick leave accrued subsequent to the commencement of this Agreement shall not be cash-out eligible. This is a mutually-negotiated adjustment to the normal County cash-out procedures, for the convenience of both parties. 10. Notices: Any notice sent to County under this Agreement shall be emailed or mailed to Jonathan Meyer at his county email or mailing address. Any notice sent to Employee under this Agreement shall be emailed or mailed to . Mailed notice shall be effective on the day of receipt, or if receipt is not readily determinable, three calendar days after mailing. Emailed notice shall be effective on the business day following transmission. Casual Employee Agreement Page 2 of 3 Janelle Kambich 13. Severability. If any provision of this Agreement is found to be contrary to law or public policy or is declared null and void by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and binding upon the parties. 14. Waiver. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by the parties hereto or by their authorized representatives. 15. Assignment and delegation. Neither party may assign any benefit nor delegate any duty provided for, anticipated, or arising out of by this Agreement without the prior express written consent of the other party. Signed for and on behalf of each party hereto by its authorized representative on the date inscribed beneath his signature. LEWIS COUNTY EMPLOYEE Jonathan Meyer, Prosecutor Janelle Kambich , 2020 , 2020 Reviewed as to form: Eric Eisenberg, Chief Civil DPA , 2020 Casual Employee Agreement Page 3 of 3 Janelle Kambich BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: April 6, 2020 Suggested Wording for Agenda Item: Agenda Type: Deliberation Resolution Approving an Employment Agreement Between Lewis County and Janelle Kambich for Consulting Office-Management and Technical Services Contact: Eric Eisenberg Phone: 360-740-1241 Department: PAO - Prosecuting Attorney's Office Description: This resolution will approve an employment agreement between Lewis County and Janelle Kambich for consulting office-management and technical services at a specific hourly rate. Approvals: Publication Requirements: Publications: User Status None. PA's Office Pending Additional Copies: Cover Letter To: Jonathan Meyer None.