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FACSIMILE TRANSMITTAL RECORD
DATE: January 14, 1997
# OF PAGES: 9c1N (including cover)
SENT TO: Peggy Psaledakis
COMPANY! City of Ocoee I
SENT TO FAX#: (407) 656-8504 / �!�
///
FROM: W. Reynolds Allen /!
CHARGE: 960
COMMENTS:
FOR PROBLEMS OR QUESTIONS CONCERNING THIS TRANSACTION.
CALL Ann Rislcr AT(813)251-1210.
The information contained in this facsimile message is Attorney Privileged and Confidential and is
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be hereby noticed that the dissemination,distribution or copy of this communication is strictly prohibited.
IF YOU RAVE RECEIVED THIS COMMUNICATION IN ERROR
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.
THANK YOU.
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EMPLOYMENT AGREEMENT
This Employment Agreement("Agreement")is made between the City of Ocoee(hereinafter
referred to as the"City"),a municipal organization organized and existing under the laws of the State
of Florida,with its office located at City Hall, Ocoee, Florida and whose
residence is ,Ocoee,Florida (hereinafter refereed
to as the "Employee").
NOW THEREFORE,in consideration for the mutual covenants contained herein,the panics
agree as follows:
1, General
A. the City hereby agrees to employ the Employee as City Manager and the Employee
hereby agrees to accept such employment,said employment subject to the terms and
conditions set forth in this Agreement- the City Charter and City Ordinances.
B. Employee shall devote his full-time as City Manager and carry out to the best of
ability all duties imposed upon him by the City Charter and City Ordinances as they
now exist,or from time-to-time may be changed by the City of Ocoee and such other
duties as the City Commission may from time-to-time require of him.
C. will be in active charge of the Management and operation of
the City, including the hiring, supervision, evaluation and discipline of all City
employees subject to the applicable laws of the United States, the State of Florida.
the Charter and Ordinances of the City,now in existence or as subsequently adopted,
altered or amended.
D. Individual members of the City Commission shall not involve themselves in the day-
to-day management of the City, including the administration of the employment
politics of the City relating to hiring, evaluation, discipline, retention and
supervision,unless otherwise specifically provided herein.or as specifically provided
in the City Chatter or Ordinances;provided,however, the City Manager, shall keep
the City Commission advised of all disciplinary actions more severe than a
suspension without pay and all terminations of City employees which are
involuntary,except Termination of probationary employees. The City Manager shall
also advise the City Commission of any and all demands for arbitration, threatened
administrative charges and litigation and keep the City Commission updated as to the
status of same. The City Commission shall retain the sole and exclusive right to
determine whether to settle(including the terms of any settlement)or contest any and
all claims,or threatened claims involving the City,including those related to the City
personnel rules and regulations,except when by official action,the City Commission
determines, or the law otherwise provides.
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2. Term [Paragraphs 2 and 3 are based on the assumption the Agreement is a multi year
Agreement that may be extended by mutual agreement. They also assume no set increase
in wages,but that wages will be negotiated each year]
A. The Term of `s initial employment hereunder will be
years,commencing on , 1997 and ending, _
19 except that his employment may be caner terminated
pursuant to paragraph 8 below.
B. The City will decide no later than thirty (30) days prior to termination of this
Agreement if it wishes to extend this Employment Agreement for an additional
period. If'the City Commission wishes such an extension, it shall notify Employee
in writing and the parties shall determine the terms of an extension,if any. Failure
of the parties to agree to extend the contract,shall not affect the continuation of the
contract through the end of its term; however, in the absence of a mutually-agreed
extension,the contract shall terminate at the end of its term.
3. Compensation&Benefits
A. The City will pay Employee for all services rendered and performed hereunder, a
base salary of$ per annum, in equal installments paid bi-
monthly(26 pay periods per annum),or as otherwise mutually agreed.
B. 's job performance will be reviewed and evaluated annually by the
City Commission, or a committee appointed by the City Commission, which shall
report the results to the City Commission. The review and evaluation shall be
completed at least ninety (90) days prior to Employee's anniversary date of
employment and shall be discussed with Employee by the Mayor prior to such
meeting, or its designee,and Employee shall be advised of the results of said review.
Should the Employee's annual evaluation be less than"better than average". or its
equivalent- the City Commission shall provide Employee with a document
identifying anus of needed improvements and expectations. Other reviews may be
conducted at the discretion of the City Commission.
C. Changes in Employee's base salary, shall be negotiated by the City Commission or
its designee, in which case any tentatively agreed upon increase must be approved
by the City Commission,and the Employee,following the City Commission's annual
evaluation of Employee, as provided in paragraph(B) above. •s
salary shall be increased by not less than the average increase for all Department
Heads, for the fiscal year in which the increase is negotiated, provided his job
performance review is"satisfactory"or its equivalent or better. If Employee's annual
job performance evaluation is less "satisfactory" or its equivalent,he shall receive
no increase in base salary.
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4. Fringe Benefits
A. Employee shall be eligible for and participate in all fringe benefits uniformly
provided to Department Heads of the City on the same basis and under the same
conditions as provided to said employees, unless otherwise specifically provided
herein.
B. Employee shall be given years of past service credit with respect to eligibility for
vacation time under the City's Personnel Rules and Regulations. Employee shall
coordinate all vacation time with the Mayor, who shall have final say with respect
to taking vacation.
C. The City shall provide an automobile for Employee's business and PERSONAL use
during the term of this Agreement. The City shall pay for all expenses related to the
operation of said vehicle,including providing full insurance for all employee drivers
of said car, who drive same with permission of
D. The City will famish Employee a beeper and fixed line telephone, fax and computer
for his residence and a portable cellular car telephone to be used exclusively for City
business,except(a). Use of the cellular car phone to contact Employee's spouse or
other members of his family residing with Employee chap be considered the business
of the City; (a)Employee may use the telephones for personal matters provided he
reimburses the City of the cost of all such calls.
E. The City shall pay the annual dues and subscriptions for the following organizations
and publications for the purposes of allowing continued
and participation in direct job-related national,regional, and local associations and
organizations necessary and desirable to assure his continued education with rest:,
to his mivaagerial duties to enhance his ability to perform his obligations under this
Employment Agreement.
Additionally, the City shall pay for all other memberships and subscriptions on
behalf of the employee, which the City, in its exclusive discretion approves in
advance.
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F. Conventions. Upon approval by the Mayor, the City will reimburse
for all necessary and reasonable expenses incurred in the attendance of
conventions and seminars attended by which have been
approved by the Mayor as being primarily for the benefit of the City.
Reimbursement shall be in accordance with City policy applicable to reimbursement
for business-related travel and expenses applicable to all other City employees.
C. Disability and Life Insurance The City shall pay the annual premiums necessary to
provide disability insurance in the amount of$ and to provide
guaranteed convertible,renewable term life insurance on the Employee's life in the
amount of$ provided, Employee is deemed insurable by the
insurance carrier(s)selected by the City. The City shall pay premiums applicable for
non-smokers and Employee shall pay the difference, if any. Employee shall
designate the beneficiary. The City may provide additional insurance on Employee
if it so elect
H Deferred Compensation. [Needs work] The City agrees to make an annual
contribution to IC.MA or Great Western retirement plan in the amount of
of Employee's base annual salary on or before the last day of each employment year
of this Agreement. There shall be no pro rata contributions for the fiscal year in
which the Employee's employment with the City ceases. The payments made
hereunder arc made in lieu of Employee's participation in the City Retirement Plan.
5- Extent of Services and Hours of Work
A. Except during periods of illness. vacation, or authorized absences of a day or more
by the Mayor, Employee will devote his best efforts to the performance of his duties
and responsibilities under this Agreement. Nothing herein will limit Employee's
right to make passive investments, to participate in charitable service and
organizations,other community activities and trade in professional organizations or
to undertake other activities which do not interfere with the performance of his duties
hereunder,it being mutually agreed that his participation in charitable service,other
community activities,and trade and professional organization is to the benefit of the
City. Employee shall not otherwise be employed on a full-or part-time basis without
the written permission of the City Commission.
B. Employee shall be"on-call"24 hours a day and agrees to make himself available as
needed. It is recognized that Employee's duties as City Manager require a great deal
of time outside of normal office hours. It is also recognized that Employee is
required to devote an unspecified amount of rime and energy to carry out those duties
with the highest amount of professionalism possible and that because of the "24-
hour" nature of his responsibilities, interference with his private life is to be
expected. That being the case, the parties recognize that
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may choose to take occasional personal time off within the general area of the City
of Ocoee during the City's normal business hours, when it is appropriate and his
duties allow and his absence will not interfere with the efficient operation of City
business provided,however,that he is at all times reachable by telephone or beeper
and thereafter is immediately available,except during periods of illness, vacation and
absences approved by the Mayor. This time off is not considered vacation nor
compensatory time. agrees that at all times, including
personal time as set forth herein, he will conduct himself in a professional manner
and not bring discredit to the City or to the operation of its business. The
Commission will consider Employee's use of personal time off during its annual
performance evaluation of him/her.
6. Moving Fx9Prnrg
A. The City shall pay for or reimburse Employee for reasonable moving expenses
incurred by Employee to move his family and household goods from
's current home in , to a
residence designated by Employee within the City limits of the City of Ocoee.
Payment or reimbursement for all moving expenses shall not exceed$
and shall be supported by invoices or receipts acceptable to the City
B. If Employee resigns his employment with the City before , 19
he shall repay the City for all moving expenses paid or reimbursed under
subparagraph A above.
7. Indemnification and Cooperation
A. The City shall defend, hold harmless and indemnify Employee against any tort.
professional liability claim or demand or other legal action for which the City is
legally responsible when the actions of Employee in his capacity as the City Manager
and are within the scope of his authority and employment as City Manager subject
to applicable law and the City Charter and Ordinances.
R. In the event of actual or threatened litigation and/or administrative proceedings
involving the City which arise out of the operation or actions which occurred or
allege to have occurred while Employee was the City Manager of the City of Ocoee.
Employee will cooperate with the City and its counsel in assisting the City in every
legal manner to prevail in said action. The City shall pay 's
reasonable travel expenses incurred in preparation for and actual discovery,
settlement and trial of all said marens. Employee further agrees that unless required
by law,he will not cooperate with or assist any party,person,or entity who has,had
or may have, or asserts that he has or may have any claim or any nature against the
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City,its agents,officers,employees, City Commission members or representatives,
without the express written permission of the City Commission, or its designee.
C. Upon the termination of employment and thereafter,Employee shall not disclose any
intbrmation involving the business of the City proprietary information,to any person
or entity without the written permission of the City Commission, or its designee,
unless required to do so by law.
8. Resignation and Termination
A. Resignation.
Should Employee resign his employment:
1. Employee shall receive no severance pay or benefits under this Agreement,
other than accumulated but unused sick leave and vacation pay, unless he
provides written notice of not less than ninety(90)calendar days, in writing,
return receipt requested, to the City Commission, or its designee, of his
intention to resign. Should Employee so notify the City Clerk, the City
Commission shall determine what duties. if any, shall
perform during the notice period, and Employer shall be paid three (3)
months base salary and his/her group medical insurance coverage shall
continue on the same basis as if he remained employed for three(3) months:
provided,should employee obtain full employment elsewhere,the obligation
of the City under this paragraph shall cease. In the event
provides less than ninety (90) days notice of his intent to resign to the City
Clerk, the City shall have the option, but not the obligation, to terminate
Employee's employment immediately, in which event shall have no
obligations under this Agreement, or otherwise, including but not limited to
base pay and group medical insurance under this paragraph or otherwise_
2. This contract,except for paragraphs 78, 7C and_.which shall remain in
force and effect fur as long as the law allows,shall be automatically canceled.
and except as to those paragraphs that continue in effect, neither Employee
nor the City shall have any further obligation one to the other under this
contract or otherwise.
3. The severance pay provided in subparagraph 1 above shall only be paid to
Employee upon the execution of a fill and complete release by Employee of
the City and all of its officers, directors, City Commission members,
employees and representatives of any and all claims and rights he/she has,
had, or may have, whether known or unknown, arising out of his/her
employment with the City or the cessation thereof under this Employment
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Agreement and all applicable federal, state and local laws. including but not
limited to claims based upon illegal discrimination. intentional and
unintentional torts,and all other types of claims,which release is subject to
the approval of the City Commission-
B. Termination by the City.
1. Employee shall serve at the will and pleasure of the City,but shall be given
not less than sixty(60)days notice of the effective date of said termination.
During this period of the notice, the City shall decide what duties, if any,
Employee shall continue to perform as well as his responsibilities. At its
discretion,the City may place Employee on paid leave of absence for all or
part of the notice period.
2. Except as provided in paragraph 3,below,the City shall be responsible to pay
Employee the base salary due under this Employment Agreement for a period
of months and to provide group medical and life insurance just as if he
had remained employed subject to the following:
(a) Employee complies with paragraphs 7B and 7C of this Employment
Agreement(Confidentiality and Cooperation).
(b) Tnc base salary amount set forth in paragraph _ shall not be
increased above that in L 1 La on the date of Employee's termination.
(c) Payments to Employee shall be reduced by any amounts received
from wages from other employment (except other employment
Employer held which was approved by the City under paragraph
),disability insurance, social security or life insurance provided
by the City.
(d) the City shall no longer be obligated to provide Employee group
medical insurance once has obtained employment
with an employer who offers group medical insurance in which
Employee meets that employer's plan eligibility requirements. or
months,whichever first occurs.
(e) As a condition to payments provided under this subparagraph 2,the
City may require to provide a statement of earnings
on not more than a monthly basis, which statement shall include the
name and address of all employers. The City reserves the right to
verify such reports.
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(f) Employee shall execute a release of all officers,directors,members,
City Commission members. employees and representatives of any
and all rights he/she has, had or may have arising out of his
employment or the cessation thereof under this Agreement and all
applicable federal, state and local laws, including but not limited to
claims of illegal discrimination, intentional and unintentional torts.
and all other types of claims whether known or unknown through the
date of his termination.
3. The City shall have no obligation to pay any compensation or to provide
Employee group medical insurance under paragraph 2 hereunder unless
otherwise required by law if he is terminated for any or a combination of the
following reasons:
(a) Dishonesty with respect to the business and operation of the City.
(b) Violation of the City drug policy.
(c) Refusal to cooperate in an investigation involving any aspect of the
business or operation of the City conducted by or at the direction of
the City.
(d) Conviction or pleading guilty nolo coniendere to a felony or crime
involving moral turpitude.
(e) Causing the City to be found in violation of law through gross neglect
or willful or intentional conduct by Employee.
(f) Gross or continual neglect of duty.
(g) Willful and intentional failure or refusal to follow the legal directives
of the City.
In the event Employee is charged with a felony or crime involving moral turpitude,
the City shall have no obligation to pay Employee under paragraph 2 unless and until
a judgment of acquittal is entered by the Court
9. Notice and Consent
Any written or other notice required by this Agreement shall be deemed delivered as follows:
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A. As to the City, when delivered by personal service to the Mayor at the City Hall
during the regular business hours of the City, or by Certified or Registered mail to
the Mayor at the City Hall, said delivery to be verified by an executed Certified or
Registered mail receipt,signed by the Mayor or the his designee.
B. As to Employee, by personal service to him or via Certified or Registered mail to
him at the most recent mailing address set forth in the City's personnel records.
10. Miscellaneous
A. The City Personnel Rules and Regulations as they now exist or as they may be later
modified by the City shall apply to Employee except:
1. When inconsistent with this Agreement or the City Charter.
2. Section 12.09 Longevity Pay Section I5 (Disciplinary ActiorvTermination)
and 16(Grievance Procedure),shall not apply to Employee
B. The Mayor shall be the Commission Member with whom Employee shall coordinate
contact between the City Commission and his office.
C. Employee shall have the sole discretion to select his/her personal secretary and any
personal assistants assigned to him to assist him in the performance of his duties as
City Manager and they shall serve in such capacities at the will and pleasure of the
Employee.
D. Employee shall reside within the City limits of the City of Ocoee unless the City
commission agrees otherwise. If the City Commission so agrees, the Agreement
shall last through the term of this Agreement.
E. This Agreement shall be interpreted construed and governed according to the laws
of the state of Florida
F. No amendment or variation of the terms and conditions of this Agreement shall be
valid unless in writing and signed by the parties.
G. The Employee's rights and obligations under this Agreement are personal and are not
assignable.
II. The invalidity or»n.nforceabitity of any particular provision of this Agreement shall
not atf'cct the other provisions hereof.and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted.
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1. This Agreement supersedes any and all other understandings or agreements,whelk--;
written or oral,and constitutes the complete and full agreement between the parties,
and may be modified only by the written agreement of Employee and the City
Commission.
11. Additional Provisions
A. Possible arbitration.
B. Attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this Employment Agreement,
consisting of pages.this day of , 19
CITY OF OCOEE
Mayor
A 1 I EST!
Mayor
Employee Signature
Employee Name [Please Print]
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