Loading...
HomeMy WebLinkAboutItem VI (C) Discussion re: City Manager Contract AGENDA 8-2-94 OC�ec� "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI C S.5C !1 VANUI;K(�Klr"1 Q� COMMISSIONERS �. ti's coji CITY OF OCOEE RUSTY JOHNSON a I 150 N.LAKESHORE DRIVE PAUL W.FOSTER vc. OCOEE,FLORIDA 34761 VERN COMBS f'�y `�V (407)656-2322 SAM WOODSON 1F� �f GOOD``J CITY MANAGER ELLIS SHAPIRO --' MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: July 27, 1994 RE: EMPLOYMENT CONTRACT Some of the City Commission have asked that I place an Employment Contract extension on the August 2, 1994 Agenda in order to show the residential community and business community that stability in government is continuing in the City of Ocoee. For those of you that have provided me with an Evaluation, I would like to talk to each of you about the minuses so that I can be a better employee for you. The Contract as submitted is pretty self explanatory and I will be available at the August 2, 1994 meeting to answer any questions. Respectfully Submitted, ES2:fdg:11 �� Attachment 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 23 7th Street, Ocoee, Florida 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 $67,267.00 per year commencing on August 1, 1994. 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 percent (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 Manager 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. Personal Leave: Personal leave shall be the same as other full-time employees. 1 b. Holidays: Holidays shall be the same number and accrue in the same manner as all other employees of the City. c. Health. Dental and Vision Insurance: The City shall provide comprehensive health, dental and vision 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. d. Automobile: The City shall provide an automobile for the Employee during the term of this Agreement. The City shall pay all maintenance, insurance, operating and car telephone costs associated with such automobile. e. 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. f. Disability and Life Insurance: The City shall pay the annual premiums necessary to provide disability insurance and provide term life insurance on the Employee's life in an amount double the Employee's annual base salary. g. 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 make an annual contribution to said ICMA retirement plan equal to eleven percent (11%) of the base annual salary of the Employee. The City agrees to make such annual contribution to said ICMA retirement plan. SECTION THREE TERMINATION: SEVERANCE 1. TERMINATION WITHOUT CAUSE. This Agreement may be terminated by the City, without cause, by a majority vote of the City Commission preceded by at least five (5) days notice by the City Commission to the City Manager of the proposed termination. Upon such termination of this Agreement, the Employee: (i) shall cease to be City Manager of the City and shall have no further powers, duties or responsibilities as a City employee; (ii) shall be paid 2 the cash value of accrued and unused personal leave; (iii) shall continue to be paid his base salary per year as of the date of termination of this Agreement through July 31, 1997, such salary to be paid on a bi-weekly basis in the same manner (including FICA contributions) as paid prior to the termination of this Agreement; (iv) shall continue to receive, at the City's expense, the fringe benefits specified in Sections 2(c), (f) and (g) hereof with respect to health, dental and vision insurance, disability and life insurance and deferred compensation, respectively, in the same manner as received prior to the termination of this Agreement such fringe benefits to continue from the date of termination of this Agreement until the earlier of (a) July 31, 1997, or (b) the date that the Employee obtains full-time employment with another employer and in connection with such employment is eligible for and receives from such new employer a health insurance, life insurance, and deferred compensation benefit package comparable to the benefits currently received by the Employee; and (v) shall no longer be entitled to receive the fringe benefits specified in Sections 2(a), (b), (d) and (e), with respect to personal leave, holidays, automobile and dues and subscriptions, respectively, or, except to the extent expressly set forth herein, any other benefits provided to employees of the City. It is the intention of the parties that the Employee continue to be considered as an employee of the City following termination of this Agreement, but that the Employee shall have no further powers, duties or responsibilities to the City and shall not be precluded from accepting full-time employment at a location inside or outside of Orange County, Florida. In the event this Agreement is terminated and the Employee subsequently obtains employment with another employer, such employment shall not affect the obligations of the City to the Employee as set forth above, except as expressly set forth above. The aforementioned 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 C-22 of Article IV of the City Charter are not applicable to removal of the Employee pursuant to this Paragraph. 2. TERMINATION WITH CAUSE. 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 C-22 of Article IV of the City Charter, then this Agreement shall automatically be terminated. 3. NON-RENEWAL OF AGREEMENT. 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 August 1, 1994 and expiring on July 31, 1997. 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 notices 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. 5. PRIOR AGREEMENT. This Agreement supersedes and rescinds that certain Employment Agreement between the Employee and the City dated December 17, 1992. IN WITNESS WHEREOF, the parties have executed this Agreement this day of August, 1994. APPROVED: CITY OF OCOEE, FLORIDA EMPLOYEE: S. Scott Vandergrift, Mayor Ellis Shapiro ATTEST: (SEAL) Jean Grafton, City Clerk 4 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF AUGUST, 1994. FOLEY & LARDNER BY: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO. 5