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HomeMy WebLinkAboutII. Discussion/Action Reemployment Agreement for City Manager Gleason • u o : 5/5/99 - 5/4P/9, 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 Ellis Shapiro (hereinafter referred to as the"Employee"). NOW THEREFORE, in consideration for the mutual covenants contained herein,the parties agree as follows: - I. Employment and Duties A. Employment Duties: The City hereby agrees to employ Employee as 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 City Manager and carry out to the best of his ability all duties imposed on him by the City Charter, 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 him. Employee 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,and Charter and Ordinances of the City now in existence or as subsequently adopted, altered or amended by the City. B. Individual Commission Members: 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 policies of the City relating to hiring, evaluation, discipline, retention and supervision, unless otherwise specifically provided herein, or as specifically provided in the City Charter or Ordinances now in existence or as may be subsequently altered, adopted or amended; 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, administrative charges or 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, and employees acting within the scope of their authority as City employees,including those claims related to the City personnel rules and regulations,except when by official action, the City Commission determines otherwise, or the law otherwise provides. 2. Term The term of employment under this Agreement will commence May 5, 1997 and end May 4, 1999, unless earlier terminated by either party as provided in Paragraph 8 below. The Agreement shall automatically renew for periods of one year unless either party gives the other written notice of its intent to modify or terminate same not less than one hundred and 9° eighty (76)days prior to May 4, 1999 or one hundred and eighty (1) days prior to May 4 of any renewal year of the Agreement. 3. Compensation & Benefits A. The City will pay Employee for all services rendered and performed hereunder, a salary of$84,635.20 per annum, in equal installments paid bi-weekly (26 pay periods per annum), or as otherwise mutually agreed. B. Employee's job performance will be reviewed and evaluated annually by the City Commission prior to Employee's anniversary date of employment under this Agreement and shall be discussed with Employee by the City Commission or its designee. Other reviews may be conducted at the discretion of the City Commission. C. Increases in Employee's salary, shall be negotiated by the City Commission, or its designee, with the Employee in conjunction with Employee's annual job performance review, and any changes must be approved by the City Commission. 4. Fringe Benefits A. (1) 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, or unless the Employee and City Commission mutually agree otherwise. (2) Employee shall be eligible for life insurance at two(2)times his annual salay as outlined in the current insurance contract. 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. C. S. The City will furnish Employee a beeper and a portable cellular car telephone to be used exclusively for City business. Use of the cellular car phone to contact Employee's spouse or other members of his family residing with Employee shall be considered the business of the City. Employee may use the telephones for personal matters provided he reimburses the City for the cost of all such calls above the regular monthly bill. D. Dues and Subscriptions:. Subject to presentation of proper receipts or invoices, Employer agrees to budget and to pay for the professional dues and subscriptions in an amount not less than one thousand dollars($1,000.00)per fiscal year necessary for Employee's continuation and full participation in national, regional, state and local associations and organizations which Employee determines are necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. Additionally, the City shall pay for other memberships and subscriptions on behalf of the Employee, which the City, in its exclusive discretion approves in advance. E. Conventions: (1) Employer hereby agrees to.budget and to pay the registration fees, travel and subsistence consistent with subparagraph 3 below for attendance by Employee as a member in good standing to the annual meeting or convention of the International City Management Association, the Florida League of Cities, Florida City and County Manager's Association and the National League of Cities. (2) Additionally, the City shall pay for all other meetings, seminars and short courses attended by the Employee,which the City, in its exclusive discretion approves in advance. (3) All expenses shall be reimbursed in accordance with the City policy applicable to all employees. F. Deferred Compensation: In addition to the salary paid to the Employee,the City agrees to contribute ten percent(10%)of the base salary of Employee,up to$7,500.00 annually, into the ICMA-RC retirement plan on Employee's behalf in equal proportionate amounts each pay period. 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 City agrees while Employee is employed by the City to execute all necessary agreements provided by the ICMA-RC for Employee's continued participation in said ICMA-RC Retirement plan. 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 and professional organization is to the benefit of the City. Employee shall not otherwise be employed on a fill- 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 time 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 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. Employee 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. 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 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, 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 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 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. I). 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. Resignation and Termination A. Resignation: Should Employee resign his employment: 1. Employee shall receive no severance pay or benefits under this Agreement, except as may be otherwise provided in the City Personnel Rules and Regulations applicable to him if he resigns his employment. 2. This Agreement, except for paragraphs 6B, 6C and 6D, which shall remain in force and effect for 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. B. Termination by the City: 1. Subject to the procedures set forth in Article IV. § C-22 of the City Charter, Employee and this Agreement may be terminated at any time at the will and pleasure of the City Commission. 2. Except as provided in paragraph 3 below, and subject to subparagraphs 2(c)- 2(e)below, if Employee is involuntarily terminated during the term of this Agreement, he shall be paid severance pay under the conditions set forth in subparagraphs (a) - (h) below. A vote by a majority of the City Commission to offer employee the opportunity to voluntarily resign in lieu of involuntary termination, shall be considered an involuntary termination under and subject to the conditions set forth in this subparagraph B.2. (a) Two (2) months salary, however there shall be no severance due in the event this Agreement is not renewed or extended.Elf (b) Employer shall continue to pay for the premium necessary to provide Employee group medical insurance on the condition Employee files a timely election under COBRA during the period he receives severance under subparagraphs (a) or (b) above, just as if he had remained actively employed during the period he receives severance, but subject to the conditions set forth in subparagraph (e) below. (c) Employee complies with paragraphs 6B through 6D of this Employment Agreement (Confidentiality and Cooperation). (d) Payments to Employee shall be reduced by any amounts received from wages from other employment (except other employment Employee held which was approved by the City under paragraph SA), disability insurance, social security or life insurance, if any, provided by the City. (e) The City shall no longer be obligated to pay the premiums for Employee's group medical insurance under subparagraph (b) above once Employee has obtained employment with another employer who offers group medical insurance for which Employee meets that employer's eligibility requirements, or after the period during which Employee receives severance pay from the City, whichever first occurs. (f) As a condition to payments provided under this subparagraph 2,the City may require Employee to provide a statement of earnings on not more than a monthly basis, which statement shall include �I/the name and address of all employers. The City reserves the right to verify such reports. (g) Upon termination of this Agreement, neither Employee nor the City shall have any obligation one to the other except as set forth in Paragraph 6B through 6D, for accrued benefits, if any, to which Employee is entitled, if any, under the City Personnel Rules and Regulations applicable to him as an involuntarily terminated Employee, or as otherwise provided in this Agreement. (h) 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. (i) In the event the form of government of the City is changed to a "strong Mayor" or similar form of government for which there is no City Manager, Employee may elect to voluntarily resign, in which event said resignation shall be treated as an involuntary termination under paragraph 8.B.2. and shall be subject to all of the subparagraphs set forth therein; provided,unless released by the City, the Employee agrees to remain actively employed for thirty (30) days after the "strong Mayor" or other chief executive officer under a similar form of government takes office and during that time assists in the transition. (j) In the event Employee is entitled to severance pay from the City, the City shall in addition to the severance pay, pay Employee the amount of premium the City would have paid for employee life insurance had he remained employed during the period of his receipt of severance pay. 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 contendere 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. Except as may otherwise be required by the City Charter, 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 ajudgment of acquittal is entered by the Court. 8. 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. 9. 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 15 (Disciplinary Action/Termination) and 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. If the City Commission so agrees,the Agreement shall last through the term of this Agreement. 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 attomey's 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. 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 Commission. 1. Employee waives any and all rights he has under the Employment Agreement between himself and the City commencing February 1, 1997, and attested to by the City Clerk on January 31, 1997,in his capacity as Interim City Manager, including but not limited to any and all rights to notice, severance pay, benefits and the vehicle referred to in said Employment Agreement, and understands that with the execution of this Agreement the former agreement no longer has any force and effect. CITY OF OCOEE EMPLOYEE S. Scott Vandcrgrift Ellis ' o Mayor Attest: Je rafton Cit`` LL lerk [SEAL] Dated: �d l9 9 7 Dated: D /9 97 For Use and Reliance Only Approved by the Ocoee City Commission by the City of Ocoee. at a meeting held on May 6, 1997 under Approved as to form and legality Agenda Item No. In D this da- day of ktrx7 , 1997. Foley & Lardner By: City Attorney