HomeMy WebLinkAboutItem 11 Amendment to City Manager Employment Agreement Extending Term Thereof
: FOLEY
AGENDA ITEM COVER SHEET
Meeting Date: September 20, 2005
Item # l ,
Contact Name:
Contact Number:
Paul E. Rosenthal,
City Attorney
Reviewed By: Mayor Vandergrift
Department Director: ~
City Manager:
~
Subject: Amendment to City Manager Employment Agreement Extending term thereof.
Background Summary:
The City entered into an Employment Agreement with Robert D. Frank dated June 21,2004. The
term of the agreement is scheduled to expire on September 30,2005. At a Workshop Meeting held
on September 7, 2005 the City Commission provided direction to the City Attorney regarding a
proposed amendment to the Agreement, which would extend the terms for 2 years, increase the
base salary and vehicle allowance and waive the requirement for Mr. Frank to reside in the City
during the term of the Agreement.
Please note that Section 9(C) of the current Agreement includes a provision for the reimbursement
of moving expenses (capped at $3,000) should the City Manager move into the City. I have left this
provision in the Agreement since the removal would seem to be a disincentive to move into the
City.
The proposed Agreement has been approved by Mr. Frank and will be executed by him prior to the
meeting.
Issue:
Should the City Commission approve the proposed First Amendment to Employment Agreement
between the City and Robert D. Frank.
Recommendations
City Commission action should be taken on this matter prior to September 30, 2005. If any member
of the Commission has any questions, please contact me.
Attachments:
Proposed First Amendment to Employment Agreement.
Financial Impact:
Increase in salary and vehicle allowance line items for City Manager.
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Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
U9 Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
o Consent Agenda
o Public Hearing
~ Regular Agenda
~ Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Paul E. Rosenthal
Reviewed by Finance Dept.
Reviewed by ( )
006.386010.1
N/A
o N/A
o N/A
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this
"Amendment") is made and entered into this 20th day of September 2005 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 in order to
extend the term thereof and to address other matters as set forth in this Amendment.
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 term of the Agreement as set forth in paragraph 2(A) thereof is hereby
extended to September 30,2007, unless earlier terminated by either party as provided in
paragraph 7 of the Agreement.
3. Paragraph 2(B) of the Agreement is hereby amended to read as follows: "The City
Commission will make reasonable efforts to advise the Employee in writing on or before July 31,
2007 if it intends not to renew this Agreement unless earlier terminated in accordance with
paragraph 7 below. Failure to advise the Employee within said time shall not act as a renewal or
extension of this Agreement."
4. The base salary of the Employee as set forth in paragraph 3(A) of the Agreement
is hereby increased from $107,500.00 per annum to $110,725.00 per annum retroactive to July
12,2005. 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 October 1,2005.
5. The vehicle allowance set forth in paragraph 4(B)(1) of the Agreement is hereby
increased from $600.00 per month to $700.00 per month, effective October 1,2005.
6. Paragraph 9(C) of the Agreement is hereby deleted in its entirety and the
following is substituted in lieu thereof: "The City Commission hereby waives the requirement set
forth in the City Charter for the Employee to reside within the corporate limits of the City. The
City Commission expresses to the Employee its preference that the Employee reside within the
City but agrees that this shall not be a condition of employment. In the event the Employee
moves into the corporate limits of the City it is agreed that, upon presentation of acceptable
receipts, the City shall payor reimburse Employee for the expenses of moving Employee and his
FOLEY & LARDNER LLP
DRAFT
SEPTEMBER 9, 2005
006.385993.1
personal property from his current residence including packing, moving, storage costs,
unpacking and insurance charges, provided the total amount shall not exceed $3,000.00."
7. 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
S. Scott Vandergrift, Mayor
~p
Robert D. Frank
--
By:
ATTEST:
Beth Eikenberry, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2005
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
2005.
FOLEY & LARDNER LLP
By:
City Attorney
2
006.385993.1