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HomeMy WebLinkAboutItem VI (B) City Manager Contract Renewal AGENDA 12-1-92 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI B OCO@@ COMMLS6IONFRS W ITY OF COEE RUSTY JOHNSON "" d 150 N.LAKESHORE DRIVE PAUL W.FOSTER v O OCOEE,FLORIDA 34761 VERN COMBS (f4 (407)656-2322 SAM WOODSON rf� Of GOO�` QTY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: November 24, 1992 RE: CITY MANAGER CONTRACT RENEWAL My current contract with the City of Ocoee runs out February 14 , 1993 . In accordance with terms of my current contract negotiations to renew can begin from 6 months until the end of our agreement. To guarantee a continued flow of appropriate administrative responsibility and at your pleasure, a legitimate time frame to replace my services, the month of December provides 90 days time span. The contract that I proposed to you for your review, is basically the same as signed before. I am not asking for an increase in salary as long as I am paid at least 10% more than the most highly paid regular employee. The only changes are as follows : 1 . Fifteen ( 15 ) days vacation instead of 10 days - this is requested since I will be in my fifth year prior to the end of the first year of a new contract . 2 . Deferred Compensation is requested to be increased from 8% to 11% - as you may recall we settled on 8% last time with the intent to renegotiate to 11% this time. 3 . Finally, I have accrued 360 hours of vacation and sick leave over the past 4 years . This accrued time is due to me upon separation with the City. As part of my renewal, I would like the City to cash out 200 hours of this time. If you wish to ask any legal questions about the terms of my current contract or prepared changes, Mr. Rosenthal would request that you contact him at his office. If you wish to add anything to the contract , he would like the opportunity to give you a finished contract at your meeting next week. I have appreciated the 4 years of association we have had in Ocoee and with your blessing look forward to the challenges that are ahead of us . Respectfully Submitted, ES : fdg EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ( "this Agreement" ) is made between the CITY OF OCOEE, a municipal corporation organized and existing under the laws of the State of Florida, with its office located at City Hall, Ocoee, Florida (hereinafter referred to as the "City" ) , and ELLIS SHAPIRO, whose residence address is - ,: rt13'L--Oaicslr-ia c mn7-FLlr 3�S-7fr- 23 7th Street, Ocoee, FL 34761 (hereinafter referred to as the "Employee" ) . In consideration of the mutual promises and covenants herein contained, the parties agree as follows : SECTION ONE CITY MANAGER'S EMPLOYMENT AND DUTIES The City hereby agrees to employ the Employee as City Manager and the Employee hereby agrees to accept such employment , all subject to the terms and conditions set forth in this Agreement . The Employee shall devote his full time to act as City Manager for the City of Ocoee and to carry out to the best of his ability all the duties imposed upon him by the Charter and the Ordinances of the City of Ocoee and such other duties as the City Commission from time to time may require of him. • SECTION TWO COMPENSATION - DATE OF SERVICES $64,500.00 1 BASE SALARY: In consideration for the services rendere under this Agreement, the Employee shall receive a base salary of $-51756-0 . 00 per year commencing on February 16 ,-4-9-544--1993 Fu;t-her-mere,- t-he -Enrployee-s-ha-1± -receive a -base malary of -$6070-00'.100" Per -yea-r' -commanci-ng uar-y -17 ,- 1-991- a-nd -$6.2;5-00-. e0- per year eommeao-ing-Febrida-ry 16-, -199.2r The base salary per year shall be payable bi-weekly in twenty-six ( 26) installments. Notwithstanding the foregoing, the base annual salary of the Employee shall always be at least ten ( 10% ) greater than the base annual salary of all other regular employees of the City. In the event the base annual salary of the Employee is at any time less than ten percent ( 10%) greater than the most highly paid regular employee of the City, then the base annual salary shall be automatically increased to an amount ten percent ( 10% ) greater than that of the most highly paid regular employee of the City (other than the Employee) . In the event of any such adjustment, the Finance Director shall so advise the City Commission. 2 . FRINGE BENEFITS. The Employee shall be entitled to the following fringe benefits at the expense of the City: FIFTEEN (15) a. Vacation: Vacation shall be -ten (a-o-) days per year and shall accrue each month of employment the same as all other employees . b. Sick Leave: Shall be the same as all other employees of the City. c. Holiday: Holidays shall be the same number and accrue in the same manner as all other employees of the City. d. Health Insurance: The City shall provide comprehensive health insurance coverage in the City health insurance program to the Employee and all members of the Employee ' s family on the same terms and conditions as provided to other City employees and their family members . e. Automobile: The City shall provide an automobile for the Employee during the term of this Agreement . The City shall pay for all maintenance, insurance, operating and car telephone costs associated with such automobile. f . Dues and Subscriptions : The City shall pay all appropriate professional dues and subscriptions on behalf of the Employee for purposes of allowing his continued and full participation in direct job related national, regional, state and local associations and organizations necessary and desirable and as will permit his professional participation, growth and advancement for the good of Ocoee, Florida. g. Life Insurance: The City shall pay the annual premiums necessary to provide term life insurance on the Employee ' s life in an amount double the Employee ' s anual base salary. h. Deferred Compensation: The City acknowledges that the Employee has requested that he be enrolled in the International City Management Association ( ICMA) retirement plan in lieu of the City Retirement Plan and that the City - 2 - LEVEN PERCENT (11%) make an annual contribution o said ICMA retirement plan equal to ei �l.-percent-t81-) of the base annual salary of the Employee. SECTION THREE TERMINATION; SEVERANCE 1 . This Agreement may be terminated by the City, with- out cause, by a majority vote of the City Commission preceded by at least five ( 5 ) days notice to the City Manager of the proposed termination. Upon such termination of this Agreement, the Employee ( i ) shall be terminated as an employee of the City, ( ii ) shall be paid his normal bi-weekly salary which shall be prorated through the date of termination, along with the cash value of accrued and unused vacation and sick leave, and ( iii ) shall receive a lump sum payment equal to one-half of the base annual salary of the Employee at the time of termination. The aforementioned lump sum payment shall be in full consideration of all other claims of the Employee against the City. The parties hereto acknowledge that the procedures set forth in Section 2 of Article IV of the City Charter are not applicable to removal of the Employee pursuant to this Paragraph. 2 . In the event the Employee is removed as City Manager of the City, with cause and in accordance with the procedures set forth in Section 2 of Article IV of the City Charter, then this Agreement shall automatically be terminated. 3 . The provisions of this Section Three shall not be applicable to a non-renewal of this Agreement . SECTION FOUR TERM 1993 This Agreement shal be for a term of three ( 3) years commencing on February 18 , - 98 and expiring on February 19, 3-9-93 . 1996 Six ( 6) months prior to the expiration of this Agreement, the City and the Employee may, but shall not be obligated to, negotiate a renewal agreement on such terms and conditions as may be mutually agreed upon. - 3 - SECTION FIVE NOTICES • Any notice required to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail, return receipt requested, to the Mayor and City Clerk of the City c/o City Hall, as to the City, and to the Employee at the Employee ' s last known residence as shown in the records of the City. SECTION SIX MISCELLANEOUS 1. GOVERNING LAW: This Agreement shall be interpreted, construed and governed according to the laws of the State of Florida . 2. AMENDMENTS: No amendment or variation of the terms or conditions of this Agreement shall be valid unless in writing and signed by the parties . 3 . ASSIGNABILITY: The Employee ' s rights and obligations under this Agreement are personal and not assignable. 4 . INVALID PROVISION: 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. - 4 - IN WITNESS WHEREOF, the parties have executed this Agreement this 9 -day of -F s a—y, 1990 . _ CITY OF OCOEE, FLORIDA EMPLOYEE: ,..00414ge L -TER DABBS, JR. , _ -or ELLIS S • e ='" ATTEST: 1I Nikr G1j J •'7-GRAFTON, Cif Clerk ( SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE APPROVED AS TO FORM AND LEGALITY t h i s 4Th day o f -rrls tiw aTIL 1990. FOLEY & LARDNER, van den BERG, GAY, BURKE, WILSON & ARKIN By ;� C� c- --`— City Attorney . FLOPPY/4758II ( 6) 01( 08/29/90) - 5 - ' R 1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ( "this Agreement" ) is made between the CITY OF OCOEE, a municipal corporation organized and existing under the laws of the State of Florida, with its office located at City Hall, Ocoee, Florida (hereinafter referred to as the "City" ) , and ELLIS SHAPIRO, whose residence address is 301 Tranquille Oaks, Ocoee, FL 34761 (hereinafter referred to as the "Employee" ) . In consideration of the mutual promises and covenants herein contained, the parties agree as follows : SECTION ONE CITY MANAGER'S EMPLOYMENT AND DUTIES The City hereby agrees to employ the Employee as City Manager and the Employee hereby agrees to accept such employment, all subject to the terms and conditions set forth in this Agreement . The Employee shall devote his full time to act as City Manager for the City of Ocoee and to carry out to the best of his ability all the duties imposed upon him by the Charter and the Ordinances of the City of Ocoee and such other duties as the City Commission from time to time may require of him. SECTION TWO COMPENSATION - DATE OF SERVICES 1 . BASE SALARY: In consideration for the services rendered under this Agreement, the Employee shall receive a base salary of $57, 500 . 00 per year commencing on February 16, 1990 . Furthermore, the Employee shall receive a base salary of $60, 000 . 00 per year commencing February 17, 1991 and $62, 500 . 00 per year commencing February 16, 1992 . The base salary per year shall be payable bi-weekly in twenty-six ( 26) installments. Notwithstanding the foregoing, the base annual salary of the Employee shall always be at least ten ( 10%) greater than the base annual salary of all other regular employees of the City. In the event the base annual salary of the Employee is at any time less than ten percent ( 10%) greater than the most highly paid regular employee of the City, then the base annual salary shall be automatically increased to an amount ten percent ( 10% ) greater than that of the most highly paid regular employee of the City (other than the Employee) . In the event of any such adjustment, the Finance Director shall so advise the City Commission. 2 . FRINGE BENEFITS. The Employee shall be entitled to the following fringe benefits at the expense of the City: a. Vacation: Vacation shall be ten ( 10) days per year and shall accrue each month of employment the same as all other employees. b. Sick Leave: Shall be the same as all other employees of the City. c. Holiday: Holidays shall be the same number and accrue in the same manner as all other employees of the City. d. Health Insurance: The City shall provide comprehensive health insurance coverage in the City health insurance program to the Employee and all members of the Employee ' s family on the same terms and conditions as provided to other City employees and their family members. e. Automobile: The City shall provide an automobile for the Employee during the term of this Agreement . The City shall pay for all maintenance, insurance, operating and car telephone costs associated with such automobile. f. Dues and Subscriptions : The City shall pay all appropriate professional dues and subscriptions on behalf of the Employee for purposes of allowing his continued and full participation in direct job related national, regional , state and local associations and organizations necessary and desirable and as will permit his professional participation, growth and advancement for the good of Ocoee, Florida. g. Life Insurance: The City shall pay the annual premiums necessary to provide term life insurance on the Employee ' s life in an amount double the Employee ' s anual base salary. h. Deferred Compensation: The City acknowledges that the Employee has requested that he be enrolled in the International City Management Association ( ICMA) retirement plan in lieu of the City Retirement Plan and that the City - 2 - make an annual contribution to said ICMA retirement plan equal to eight percent ( 8%) of the base annual salary of the Employee. SECTION THREE TERMINATION; SEVERANCE 1 . This Agreement may be terminated by the City, with- out cause, by a majority vote of the City Commission preceded by at least five ( 5) days notice to the City Manager of the proposed termination. Upon such termination of this Agreement, the Employee ( i ) shall be terminated as an employee of the City, ( ii ) shall be paid his normal bi-weekly salary which shall be prorated through the date of termination, along with the cash value of accrued and unused vacation and sick leave, and ( iii ) shall receive a lump sum payment equal to one-half of the base annual salary of the Employee at the time of termination. The aforementioned lump sum payment shall be in full consideration of all other claims of the Employee against the City. The parties hereto acknowledge that the procedures set forth in Section 2 of Article IV of the City Charter are not applicable to removal of the Employee pursuant to this Paragraph. 2. In the event the Employee is removed as City Manager of the City, with cause and in accordance with the procedures set forth in Section 2 of Article IV of the City Charter, then this Agreement shall automatically be terminated. 3 . The provisions of this Section Three shall not be applicable to a non-renewal of this Agreement . SECTION FOUR TERM This Agreement shall be for a term of three ( 3) years commencing on February 18, 1990 and expiring on February 19, 1993 . Six ( 6 ) months prior to the expiration of this Agreement, the City and the Employee may, but shall not be obligated to, negotiate a renewal agreement on such terms and conditions as may be mutually agreed upon. - 3 - SECTION FIVE NOTICES Any notice required to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail, return receipt requested, to the Mayor and City Clerk of the City c/o City Hall, as to the City, and to the Employee at the Employee ' s last known residence as shown in the records of the City. SECTION SIX MISCELLANEOUS 1. GOVERNING LAW: This Agreement shall be interpreted, construed and governed according to the laws of the State of Florida. 2 . AMENDMENTS: No amendment or variation of the terms or conditions of this Agreement shall be valid unless in writing and signed by the parties. 3 . ASSIGNABILITY: The Employee ' s rights and obligations under this Agreement are personal and not assignable. 4 . INVALID PROVISION: 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. - 4 - IN WITNESS WHEREOF, the parties have executed this Agreement this 4-day of g- ly, 1990 . CITY OF OCOEE, FLORIDA EMPLOYEE: it i I > -_ mo/‘"f i :TER DABBS, JR. , or ELLIS S • * ��' • ATTEST: J TGRAFTO , Ci , Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE APPROVED AS TO FORM AND LEGALITY this .41—H day of 1990. FOLEY & LARDNER, van den BERG, GAY, BURKE, WILSON & ARRIN By ��; ��, �_ City Attorney FLOPPY/4758II ( 6 ) 01 ( 08/29/90) - 5 -