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HomeMy WebLinkAboutVII (E) Approval and Authorization for Mayor and City Clerk to Execute Employment Agreement for Acting City Manager with Jim Gleason Agenda 01-16-2001 Item VII E FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: January 8, 2001 RE: Employment Agreement with Jim Gleason as Acting City Manager HR Director Peggy Psaledakis has advised that the City should enter into a written agreement with Acting City Manager Gleason. After consultation with her, I concur with her recommendation in order to assure that there is no ambiguity or miscommunication regarding the terms and conditions of Mr. Gleason's temporary employment as Acting City Manager. Peggy Psaledakis and I, along with Mr. Shapiro acting as a consultant, met with Mr. Gleason to review the provisions of Mr. Shapiro's previous contract which would he applicable to the acting city manager status. A meeting with Mr. Gleason was necessary in order to understand his status at Health Central and the transitioning of various benefits between the City and Health Central. It became evident that the best course of action would be for Mr. Gleason to continue his medical, dental, life, and long term disability benefits at Health Central rather than attempting to incorporate him into the City program on a temporary basis (particularly since he would not be immediately eligible for all City benefits). Attached hereto is a memo from John Sullivan at Health Central which outlines Mr. Gleason's current benefits and the cost thereof to both Health Central and Mr. Gleason. Also attached is a memo from Debbie Bertling which summarizes Mr. Shapiro's benefits under his previous Contract. The City Commission action on January 2 was to hire Mr. Gleason as Acting City Manager with the pay salary and benefits being the same as previously existed with City Manager Shapiro. Based upon that direction, I have prepared the attached Employment Agreement between the City and Mr. Gleason. This is based on Mr. Shapiro's last agreement with appropriate additions and deletions. The proposed Employment Agreement has been presented to and agreed to by Mr. Gleason for the sole purpose of our being able to advise you whether or not it is acceptable to him. We have not attempted to negotiate any terms or conditions of his 006 20531➢.1 n a employment. Our efforts have been for the sole purpose of implementing the action taken by the City Commission with respect to the Acting City Manager. cc: Jim Gleason Peggy Psaledakis (w/encl.) Enclosure 006 205317 1 -Z JAN-09-01 IO; II FRON-FOLEV & LARUNER I0-4008481 v43 PAGE 3/3 MEMORANDUM TO: Peggy Psaledakis,Human Resources Director FROM: Debbie Herding,Human Resources Analys"!1` DATE: January 3,2001 SUBJECT: Information You Requested on City Manager City Manager's Salary: $84,635.20 per annum,in equal installments paid biweekly(26 pay periods per annum). ICMA Deferred Compensation: City contributes 10%of base salary, up to 58,000.00 annually to ICMA. Health Insurance: City pays 100%of employee premium and approx. 78%of dependent premium, which is $455.45 per month_ Employee pays$76.22 per month($35.18 biweekly) for dependents. Dental/Vision Insurance: City pays 100%of employee premium,which is$25.40 per month. Employee pays 100% of dependent premium,which is $47.28 per month($21.82 biweekly). Life Insurance: 2 times annual salary(maximum of$170,000).City pays 100%of employee premium,which is $37.40 per month. (Extra life insurance for employee and dependents may be purchased but is paid for 100%by the employee,the cost depends on employee's age and coverage amount elected). Disability Insurance: City pays 100%of employee premium,which is$73.38 per month. (Not available for dependents). Personal Leave Accrual: (Same as other employees per City Rules&Regulations) as follows: One through five years of service - 6.78 hours biweekly (176.28 hours per year) Six through fifteen years of service - 8.31 hours biweekly (216.06 hours per year) Sixteen years+ - 9.85 hours biweekly (256.10 hours per year) ID=9096481943 PAGE 2/3 JAN-09-01 16, 11 FROM.FOLFY 6 LARDNER Health Central MEMORANDUM To: Jim Gleason From: John Sullivan Date: January 4,2001 Re: Health Central, Inc.Benefits for V.P.Community Relations Health Central Employee Benefit Contribution Contribution Total Medical $666.61/mo $14278/mo (EE&Family) $809.39/m0 Dental (EE&Family) $30.12/mo $30.12/mo Life Insurance $26.25/mo $26.28/mo (EE &Family) Long-Term Disability $27.80/mo $27.80lmo SUBTOTAL $893.59 403b Retirement Savings $139.42/$83.65 $167.31 $390.38 5% base!3% match GRAND TOTAL $1,283.97 sir EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made this day of January 2001 by and 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 Jim Gleason (hereinafter referred to as the "Employee"). NOW THEREFORE, in consideration for the mutual covenants contained herein, the parties agree as follows: 1. Employment and Duties A. Employment Duties: The City hereby agrees to employ Employee as Acting City Manager and Employee agrees to accept such employment, all subject to the terms and conditions set forth in this Agreement. Unless otherwise provided herein, the Employee shall devote his full time as Acting City Manager and carry out to the best of his ability all duties imposed on him by the City Charter. All references herein to "Acting City Manager" shall be as defined in the Charter of the City. B. The Employee 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 Acting City Manager shall also advise the City Commission of any and all demands for arbitration, administrative charges or litigation and keep the City Commission updated as to the status of same. C. The parties hereto acknowledge that Employee is a temporary employee of the City and is taking a leave of absence or sabbatical (or the equivalent thereof) as an employee of Health Central, but is not severing or discontinuing his relationship with Health Central and intends to return to Health Central as an employee thereof at the termination of this Agreement. Nothing contained herein shall be construed to prevent the Employee from having dealings with the City on behalf of Health Central following the termination of this Agreement Employee may from time-to-time during the term of this Agreement communicate with and advise Health Central regarding matters which fall within the scope of his employment by Health Central prior to the date of this Agreement. 2. Term The term of employment under this Agreement will commence on January 15, 2001. This Agreement may be terminated at anytime, with or without cause, by either Employee or City. The Employee acknowledges that the term of his employment as Acting City Manager is governed and controlled by the provisions of Section C-23 of Article IV of the Charter of the City of Ocoee. Further, this Agreement shall automatically temtinate in the event the City Commission of the City appoint a new Acting City Manager or a new City Manager. 3. Compensation The City will pay Employee for all services rendered and performed hereunder a bi- weekly salary of$3,255.20. 4. Additional Benefits A. Fringe Benefits. (I) Employee shall not be eligible for fringe benefits uniformly provided to Department Heads of the City and other employees of the City except to the extent specifically provided herein. (2) Employee shall use his best efforts to maintain his medical, dental, life, and long-term disability insurance presently in place with Health Central, to the extent permitted 2 006.205352.1 by Health Central. Attached hereto as Schedule "1" is a listing of the foregoing insurance benefits provided by Health Central and the "Health Central Contribution". The City will pay to Health Central on a monthly basis the "Health Central Contribution" for the foregoing insurance benefits provided to Employee and the "Employee Contribution" for dental insurance only. Employee will endeavor to have Health Central provide the City with a monthly invoice for the foregoing. The current Health Central Contribution is $750.81 per month. The foregoing payment to Health Central is in lieu of medical, dental, life and long-term disability benefits otherwise provided to City employees. The Employee shall be responsible for the "Employee Contribution" for medical insurance as shown on Schedule "1". The City and Employee recognize that the cost of the Health Central benefits is subject to change. In the event the Employee becomes ineligible to receive the foregoing benefits from health Central, then the provision of those benefits will be readdressed by the parties hereto in an amendment to this Agreement. B. Vehicle: Employee shall be assigned a City vehicle under the following conditions: (1) The City shall pay all insurance premiums on said vehicle. (2) The City shall be responsible for all expenses related to the vehicle and keep it in good working order. (3) The Employee shall personally keep the vehicle in tidy condition at all times. (4) The Employee shall be allowed to use the vehicle for personal use within the Tri-County League of Cities boundaries. 3 006/05352.1 (5) The Employee shall not be eligible for any mileage reimbursement associated with the use of a personal vehicle. C. Equipment: The City will furnish Employee a beeper and a portable cellular car telephone to be used exclusively for City Business. ll. Deferred Compensation: In addition to the bi-weekly salary paid to the Employee, the City agrees to pay to Employee eight percent (8%) of the bi-weekly salary of Employee, up to $7,500.00 annually. The payments made hereunder are made in lieu of Employee's participation in the City Retirement Plan, which he voluntarily elects not to participate in. The foregoing payments shall be made directly to the Employee on a bi-weekly basis unless Employee, at his option, advises the City of a retirement or deferred compensation program to which such payments should be made. E. Leave. The Employee will accrue leave in the same manner as permanent full- time employees of the City. 5. Extent of Services and Hours of Work A. Except during periods of illness, vacation, or absences of a day or more authorized by the Mayor, or his designee, 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 and 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 professional organization is to the benefit of the City. Except as otherwise set forth herein, 4 006.205352.1 Employee shall not otherwise be employed on a full- or pan-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 Acting City Manager require a great deal of time outside of normal office hours. That being the case, the parties recognize that Employee 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 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 or his designee. This time off is not considered vacation nor compensatory time. 6. 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 for actions of Employee acting in his capacity as the Acting City Manager and are within the scope of his authority and employment as Acting City Manager subject to applicable law and the City Charter and Ordinances, and any limitations contained therein. B. 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 are alleged to have occurred while Employee was the Acting 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 Employee's reasonable travel expenses and subsistence 5 006 205352.1 expenses incurred away from his home incurred in preparation for and actual discovery, settlement and trial of all said matters. C. 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 City, its agents, officers, employees, City Commission members or representatives, without the express written permission of the City Commission, or its designee. D. Employee shall not disclose any confidential information involving the business of the City to any person or entity without the written permission of the City Commission, or its designee, unless required to do so by law. E. Restrictions set forth in subparagraphs C and D above shall not apply in instances of governmental entities with jurisdiction over a claim of a violation of law. 7. Notice and Consent: Any written or other notice required by this Agreement shall be deemed delivered as follows: A. As to the City, when delivered by personal service to the City Clerk at the City Hall during the regular business hours of the City, or by Certified or Registered mail to the City Clerk at the City Hall, said delivery to be verified by an executed Certified or Registered mail receipt, signed by the City Clerk or the City Clerk's 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. 8. Miscellaneous: 6 006 205352.1 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 when: (1) inconsistent with this Agreement or the City Charter. (2) Section 12.09 Longevity Pay, Section 15 (Disciplinary Action/Termination) and Section 16 (Grievance Procedure) shall not apply to Employee. B. The Mayor or his designee, shall be the Commission Member with whom Employee shall coordinate contact between the City Commission and his office with respect to off duty time. C. Employee shall reside within the City limits of the City of Ocoee unless the City Commission agrees otherwise. D. This Agreement shall be interpreted, construed and governed according to the laws of the State of Florida. In the event of litigation to enforce this Agreement, the prevailing party shall be entitled a reasonable attorneys' fees and costs in addition to any other relief to which the prevailing party is entitled in accordance with applicable law. E. No amendment or variation of the terms and conditions of this Agreement shall be valid unless in writing and signed by the parties. F. The Employee's rights and obligations under this Agreement are personal and are not assignable: provided, however, in the event of Employee's death any accumulated but unused benefits to which an Employee's heirs and executors are entitled under the City Personnel Rules and Regulations shall inure to the benefits of Employee's heirs and executors to the same extent as all other City Employees. 7 006 205352.1 G. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. H. This Agreement supersedes any and all other understandings or agreements, whether 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. 8 006 205352.1 CITY OF OCOEE EMPLOYEE By: S. Scott Vandergrift Jim Gleason Mayor Attest: Jean Grafton Dated: City Clerk (SEAL) Dated: For Use and Reliance Only by the City of Ocoee. Approved by the Ocoee City Commission at a Approved as to form and legality meeting held on , 2001 this day of , 2001 under Agenda Item No. Foley & Lardner By: City Attorney 9 006 205352.1