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HomeMy Public PortalAboutORD12816 � � { .,. _, .. 1Y .A •ill t / L=! 1�,.• .:i BILL NO. ' 98-$2 I SPONSORED BY COUNCILMEN Landwehr, Blaney, Jackson, Jaynes, Nelson. Stellar and Vincent ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE �'.. MAYOR AND CITY CLERK TO EXECUTE AN INDEMNITY AND ENGAGEMENT FOR c FUTURE SERVICES AGREEMENT WITH K. TYLER BREWER. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Indemnity and Engagement for Future Services Agreement with K. Tyler Brewer. ;] { Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. R` Section 3. This Ordinance shall be in full force and effect from and after the date of i its passage and approval. Passed: qp- Approved: �rep't, 5''` g Officer cer Ma or y '. 1i• ATTEST: APPROVED AS TO FORM: r i 4 r1 Ci Clerk —� ty City n elor r fJi , fh 3. f ..wV"Pr}" .,, r'. r?,.:.,c�•gr •!!�.... .r -. .. ' .: :,i .. .. -. �' Ye yt ifl L tol will 4 CT FY OF JEFFERSON INDEMNITY AND ENGAGEMENT � 1 FOR .FUTURE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this&Mday of September, 1998, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City," and E. Tyler Brewer, hereinafter referred to as "Employee:' WITNESSETH: THAT WHEREAS,Employee's duties and responsibilities as Chief of Police terminated effective September , 18, 1998, upon Employee's resignation as Chief of Police. THAT WHEREAS, the parties desire to establish a mutually beneficial future relationship. ! THAT WHEREAS,the parties intend by this Agreement to resolve all ambiguities regarding the rights and obligations of Employee and the City in these circumstances. "WHEREAS, during discussions with Employee subsequent to Employee's resignation, the City became, aware of Employee's willingness to continue a relationship with the City in another capacity,performing such duties as determined from time to time by the City Council. 'NOW THEREFORE, in consideration of the foregoing and the mutual agreements contained in this Agreement, the parties agree as follows: r: Employee Obligations , 1. Indgmnif ratio n by Em Rime, A. Employee hereby irrevocably and unconditionally releases and discharges the City of Jefferson, and its administrator, department directors, employees and agents from liability for any claims that Employee may have against it and them as of the date of your signing this Agreement,whether known or unknown to Employee, including, without limitation, any claims arising under or violations of federal,state or local fair employment practices or other employee relations statute including,without limitation,Title VII of the Civil Rights Act of 1964,the Age Discrimination in Employment Act of 1967, Chapter 213,RSMo, the Charter of the City of Jefferson, the personnel policy of the City of Jefferson, public policy,or other obligation. B. Employee acknowledges that this waiver is an essential and material term of this Agreement,without which this Agreement would not have been delivered. Employee agrees and acknowledges that this Agreement constitutes a full and final release not only of any and all claims at the present time known or anticipated by Employee, but also any and all claims by Employee that do exist, may exist or � E heretofore have existed against City of Jefferson, its employees in their official capacity, and against' . the administration and elected officials in any capacity,in any shape or form arising out of or occurring during Employee's employment period with the City, regardless of whether such claims,or the facts "., underlying such claims, were known or unknown, anticipated or unanticipated, by Employee. It is 3 ' Employee's intention to fully, finally and forever settle and release all claims that do exist, may exist ;: l` or heretofore have existed by Employee against the City of Jefferson, its administrator, department r d directors, employees and elected officials. In furtherance of such intention, the release given above, shall be and remain in effect as a full and complete release of such matters notwithstanding the _ discovery by Employee of the existence of any additional or different claims or of the facts relative thereto. If requested, Employee agrees to sign a separate waiver of all matters set out in this paragraph and paragraph A above. Z. 4`.4"n�P+naue111rYUVmVtn�w.at.f�nal�pl �_ �,�' Qi Si l .':.�'���,,:. ° .. ....... . .: _«».. ..+_........•....4 .....__..._� .e...66+=L..�......—,«� �S d...a� {{--��ss77 {' QIti?r.l.,-.. ,V C. Employee agrees to return to testify either in person or by deposition in any case arising out of Employee's tenure as Chief of Police during the next three (3)years from the date of this Agreement at no cost to the City other than direct expenses, not including lost wages. 2. Other 0b1i nti0 . e- A. It is acknowledged that Employee shall furnish such services set out in this Agreement in the capacity iof an independent contractor. The contract for services under this Agreement shall be cancellable b}r the City only upon the payment in full to Employee of the balance of all amounts to which he would have been entitled during the remainder of tha term of the contract in the absence of such cancellation. B. The services to be provided shall include: the finalization and presentation of proposed rule and regulations for review by the City, for proposed policies involving police duties for an evaluation of various programs and changes instituted during the period when Chief Brewer served as Chief of Police,a report on departmental responses to various changes and a report on the overall direction and plan for the department under Chief Brewer. C. All reports and documents shall be completed on or before December 3I, 1998. City Obligations 3. I_r�temnificntiQn f3v Cites A. Notwithstanding the termination of Employee's employment under this Agreement, it is confirmed that, with respect to all periods during which Employee has been employed by the City, the City shall indemnify Employee and reimburse Employee's expenses to the fullest extent permitted by the indemnification and expense reimbursement previsions of the City,provided that such coverage is not prohibited under the provisions of state or federal law. B. Iit addition to the foregoing, the City further agrees, to the extent not prohibited by Missouri laws, to i i defend Employee by legal counsel reasonably acceptable to Employee in any threatened or pending action, suit or proceeding as to which Employee may be entitled to indemnification under this Agreement. Employee agrees to repay such advanced amounts in the event it is ultimately determined i that Employee is not entitled to be indemnified by the City. As regards to any decision to provide } interim indemnification as to any action, suit or proceeding not already referred to in this subparagraph, Employee will be given the same consideration in the reaching of any such decision as shall be given to any person who is a director or officer of the City at the time of such decision. C. The City further agrees to notify Employee of all threatened or pending actions, suite, or other proceedings by or against the City to which Employee is named a party,and to provide Employee with copies of all pleadings and other documents filed in connection with it, and shall otherwise keep j Employee reasonably informed of the status of such actions and any of-ers of settlement. ' 4. Qther Obli�atioras of('itv ! i A. The City shall pay to Employee: (a) the sure of Twenty-Two Thousand Six Hundred Seventy Dollars of indemnity provisions of this Agreement; and (b)the sum of Ten Thousand Dollars($10,000.00) for performance of certain services in the nature of reports and analyses related to the Jefferson City i Police Department as set out herein. Payment of the entire Thirty-Two Thousand Six Hundred Seventy Dollars($32,6 70.00)under this paragraph 4 shall be subject to withholdings,and the City shall ! provide Employee, on a timely basis, an IRS form "W-2" covering all compensation paid to date including those amounts paid under paragraph 4. B. The payment schedule for the above sums is as follows: j j (1) the indemnity payment on October 1, 1998; A �.• C:\IixiWmrwn"nlWmwnr\ugrr.•numl•fin+d.epd ? � A } t4 ���QI f��Yii�(11'a�NlllO�f•FmS�tlLllwa�' .,.aomsau,®ornanrwxxc spa �r�i (2) the first payment on performance of the evaluations and reports to be paid on October 15, 1908 -Two Thousand Five Hundred Dollars ($2,500); (3) a similar payment on November 15, 1908 -Two Thousand Five Hundred Dollars($2,500); (4) December 15, 1998 -Two Thousand Five Hundred Dollars ($2,500); (5) and December 31, 1098 - Two Thousand Five Hundred Dollars($2,500), provided all reports have been received by the final payment on December 31, 1998. By agreement as noted above, all payments will be subjected to withholding and taxes. 5. eon•entutions By City. The City represents and warrants to Employee that the City has taken all requisite corporate action to approve this Agreement, and that this Agreement has been duly executed by the City Council of the City of Jefferson and constitutes a valid, binding and enforceable obligation of the City. General Provisions 6. firs A►�rg�mer►t• This Agreement contains the entire understanding of the parties with respect to its subject matter and supersedes all prior agreements between the parties with respect to them. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any such Other provision of this Agreement, which shall remain in full force and effect. This Agreement may be executed in two or more counterparts,each of which shall be deemed to by an original but all of which together shall constitute one and the carne instrument. 7. �fr��•rrianeP 1$y City Without Prudes• Performance by the City pursuant to this Agreement shall be without prejudice to (and shall not waive)any present or future right the City now has or shall obtain to recover damages, contribution or indemnity from Employee pursuant to statute,contract(including without limitation this Agreement)or common law. 8. Attorn e,ys' Fees. In the event any party to this Agreement finds it necessary to employ legal counsel or to bring an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions of this Agreement, the party prevailing in any such action or other proceeding shall be paid all reasonable attorneys' • fees by such other party,and in the event any judgment is secured by such prevailing party,all such attorneys' s fees, as determined by the court and not by a jury, shall be included in any such judgment. t � i 9. Disability-and Death. A. The death or total disability for a period of two (2) full consecutive months of Employee shall A`r automatically terminate this Agreement, including without limitation the City's obligation to pay Employee or his representatives, heirs or assigns his Compensation. B. For the purposes of this Agreement, determination of whether Employee is or is not totally disabled shall be made as follows: (1) The existence of Employee's total disability shall be determined in accordance with the following definition: Total disability means such a state of incapacity resulting from bodily injury or disease as wholly prevents the individual from engaging in remuneration or profit. 4 (�:�IfIN1�MMM1IluIVIfoN NI\JI�IIY'11..•111•final W1.1 - 3 , l (2) If any difference shall arise between the City and Employee as to whether he is totally disabled, the difference shall be resolved as follows: Employee shall be examined by a physician appointed by the City. Employee, at his option, may accept the opinion of that e- `t. physician,or Employee may be examined by a physician appointed by Employee. If.those two (2) physicians shall disagree as to whether Employee is disabled, that question shall be h . submitted to a third physician who shall be selected by the other two (2) physicians. The medical opinion of the third physician, after examination of Employee and consultation with the other two (2)physicians,shall decide the question. 10. �tiGes. i All notices required or permitted hereunder and required to be in writing may be given by first class mail i addressed to the City at City of Jefferson,at 320 East McCarty Street,Jefferson City, Missouri, 65101,and to the Employee at K. Tyler Brewer, 1817 Chelle Court,Jefferson City,Missouri, 65101. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. 33 11. Law tS-Go gr.a�. � This Agreement shall be governed by the laws of the State of Missouri as to both interpretation and performance. IN WITNESS WHEREOF, the parties hereto have duly executed this Indemnity and Engagement for Future Services Agreement as of the day and year first above written. CITY OF JEFFERSON, MISSOURI EMPLOYEE K. TYLER BREWER Mayor K Tyle rewer A EST: ? . Aty Clerk ; APPRO AS O M: . :City Coun or i G:�rw\�Knnnuxl\brueur4,Knymml.finnl.wpJ - Y ' k , F gwS, 1 s 4 t..