HomeMy WebLinkAboutItem # 18 Amendment to City Manager's Employment Agreement
AGENDA ITEM COVER SHEET
Meeting Date: 11/07/06
Item # i B
Reviewed By:
Department Director:
City Manager: ~I'
, ----.
Subject: Amendment of the City Manager's Employment Agreement, adjusting compensation per the
consensus of the City Commission at the City Manager Evaluation Workshop held on October 25,
2006.
Contact Name:
Contact Number:
James Camicella
1032
Background Summary:
The City Manager is covered by an employment agreement with the City of Ocoee which provides for yearly
salary increases as the Commission authorizes. The Commission conducted a workshop on October 25,
2006, to evaluate the City Manager's performance, and considered amending his employment agreement in
regard to salary and other compensation. The Commission reviewed a salary survey of City Manager salaries
for the surrounding communities and the consensus of the Commission was to bring City Manager Frank's
salary as close to the median range of $130,500 as possible. It was noted that $15,000 had been set aside in
the FY06/07 budget, and raising his current salary by that amount would bring it within the median range at
$130,763.18. There was further discussion regarding increasing the pension contribution of the City
Manager's 457K Deferred Compensation Plan to equal the contribution made for general employees toward
the General Employees' Pension Plan.
Issue:
Should the City Commission amend the City Manager's contract to reflect an increase in the annual salary to
$130,763.18, effective October 1,2006; and to provide for a contribution to the 457 Deferred Compensation
Plan that is equal to the City's contribution to the General Employees' Pension Plan?
Recommendations
Affirm the consensus generated at the City Manager's Evaluation Workshop on October 25,2006, to amend
the City Manager's Employment Agreement to change the salary to $130,763.18 and to tie the amount of City
contribution to the Manager's 457 Deferred Compensation Plan to the City's contribution to the General
Employees' Pension Plan.
Attachments:
Second Amendment to Employment Agreement.
Financial Impact:
The cost of this salary increase for $15,000 is budgeted in the fiscal year 06-07 budget.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
rgj Commission Approval
o Discussion & Direction
For Clerk's DeDi Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this
"Amendment") is made and entered into this 31 st day of October 2006 by and between the
CITY OF OCOEE, FLORIDA (the "City") and ROBERT D. FRANK ("the "Employee").
WITNESSETH:
WHEREAS, the City and the Employee have heretofore entered into that certain
Employment Agreement dated June 21, 2004 whereby the City has employed the Employee as
City Manager (the "Agreement"); and
WHEREAS, the City and the Employee desire to amend the Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the parties hereto agree as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The base salary of the Employee as set forth in paragraph 3(A) of the Agreement
is hereby increased to $130,763.10 per annum retroactive to October 1,2006. The portion of
such increase attributable to pay periods prior to the date of this Amendment shall be paid to the
Employee in a lump sum prior to December 1,2006.
3. Except as amended hereby, the Agreement remains unchanged and in full force
and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of
the Agreement. All references herein to the Agreement shall refer to the Agreement as amended
by this Amendment unless the text or context indicates otherwise. In the event of any conflict
between the Agreement and this Amendment it is agreed that this Amendment shall control.
IN WITNESS WHEREOF, the parties have set their hands and seals to this Amendment
as of the day and year first above written.
CITY:
EMPLOYEE:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Robert D. Frank
ATTEST:
Beth Eikenberry, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2006
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
2006.
FOLEY & LARDNER LLP
By:
City Attorney