06-16-2004 Terms of the Employment Agreement with Robert Frank EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into as of the 1 day of May,
2001 by and 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 Robert Frank(hereinafter referred to as the "Employee").
NOW THEREFORE, in consideration for the mutual covenants contained herein, the parties
agree as follows:
1. 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 of 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.
SUBJECT TO THE CITY CHARTER, ORDINANCES AND
REGULATIONS, 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.
77315.6.9.2
2. Term:
A. The term of employment under this Agreement will commence
2004 and end SEPTEMBER 30, 2005, unless earlier terminated by either party
as provided in paragraph 7 below.
B. THE CITY COMMISSION WILL MAKE REASONABLE EFFORTS TO
ADVISE THE EMPLOYEE IN WRITING ON OR BEFORE JULY 31,
2005, IF IT INTENDS NOT TO RENEW THIS AGREEMENT UNLESS
EARLIER TERMINATED IN ACCORDANCE WITH PARAGRAPH 7
BELOW. FAILURE TO NOTIFY WITHIN SAID TIME SHALL NOT
ACT AS A RENEWAL OR EXTENSION OF THIS AGREEMENT.
3. Compensation & Benefits:
A. The City will pay Employee for all services rendered and performed hereunder, a
base salary of ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($107,500.00) per annum, in equal installments paid bi-weekly (26
pay periods per annum), or as otherwise mutually agreed; provided, however, that
unless otherwise agreed to by the City and Employee, IN THE EVENT THIS
AGREEMENT IS EXTENDED BEYOND SEPTEMBER 30, 2005, the
Employee's salary shall automatically increase based on cost of living increases
(COLA's), if any, uniformly provided by the City to Department Directors of the
City on the same basis and under the same conditions provided to said
Department Directors.
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 base salary, shall be negotiated by the City Commission,
or its designee, with the Employee. •- , .. - •, .. , , - '
fiscal year budget. As part of the budget review process e h year for the City's
.I - -
increase which would be effective on October 1 of that fiscal year., 2001. Also as
a part of the budget review process foe ach fiscal year thereafter, the City agrees
to discuss with the Employee a salary increase which would be effective on
October 1 of that fiscal year. Any salary increase for Employee must be approved
by the City Commission, but does not require a formal amendment to this
Agreement; provided, however, that the COLA increases referenced IN
SUBPARAGRAPH A above shall not require any specific approval by the City
Commission.
77315.6.9.2
4. Fringe Benefits:
A. (1) Employee shall be eligible for and participate in all fringe benefits uniformly
provided to Department Directors of the City at the highest level 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 salary
as outlined in the current insurance contract, up to a maximum of $175,000;
PROVIDED HE IS DETERMINED TO BE INSURABLE BY AN
INSURANCE CARRIER SELECTED BY THE CITY.
B. Vehicle:
1. Employer agrees to pay to the employee, during the term of this
Agreement and in addition to other salary and benefits provided, the sum
of$600.00 per month as a vehicle allowance to be used to purchase, lease
or own, maintain and operate a vehicle. Employee shall be responsible for
liability, property damage and comprehensive insurance coverage upon
such vehicle and shall be further be responsible for all expenses attendant
to said vehicle. Employer shall reimburse Employee at the IRS standard
mileage rate for any business use beyond the Central Florida TRI-
COUNTY area.
2. EMPLOYEE SHALL IMMEDIATELY REPORT TO THE MAYOR
AND HUMAN RESOURCE DIRECTOR ANY ACCIDENT IN
WHICH THE VEHICLE IS INVOLVED.
3. EMPLOYEE SHALL PROVIDE A VEHICLE FOR HIS USE IN
CONDUCTING CITY BUSINESS THAT SHALL BE NO MORE
THAN THREE (3) YEARS OLD, BE ABLE TO TRANSPORT SIX
(6) PERSONS AND THAT IS IN CLEAN AND PRESENTABLE
CONDITION AT ALL TIMES.
C. Equipment: The City will furnish Employee : . , . -- - ..•- a
personal digital assistant (PDA) to be used exclusively for City business. Use of
• _ . • - - . . - . .. .. . • - . . •• • . Use of the
PDA shall be subject to the same guidelines applicable to members of the City
Commission. _ . . -- ••. . - •- - . . , • . . • -- - . .
. -- •- .. -• . • - . Employee shall be provided a monthly cell phone
allowance of $75.00 provided that he maintains such cell phone service at all
times during his employment and the cell number is provided to the City
Commission and City Department Heads. EMPLOYEE CELL PHONE
RECORDS ARE CITY RECORDS.
D. Dues and Subscriptions: Subject to presentation of proper receipts or invoices
and the appropriation of funds as part of the City's annual budget, City agrees to
77315.6.9.2
pay for the professional dues and subscriptions reasonably 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 City.
Additionally, the City shall pay for other memberships and subscriptions on
behalf of the Employee, which the City Commission, in its exclusive discretion,
approves in advance.
E. Conventions:
(1) City 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 Commission, in its exclusive
discretion approves in advance when attendance at such functions requires
overnight travel and expense reimbursement in accordance with City policy.
(3) All other 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 ANNUALLY , • .. •- .. _ • •
-
allowed-annually ten percent (10%) of the base salary of Employee, UP TO THE
MAXIMUM ALLOWED-aimually, into a deferred compensation or retirement
plan on Employee's behalf, such plan to be designated by Employee, with such
contributions being 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 in connection with any such deferred compensation or retirement plan
in order to allow for Employee's continued participation therein.
C. Personal Leave: Upon commencing this Agreement, Employee shall begin
accruing Personal Time equal to the highest annual accrual provided to all other
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
77315.6.9.2
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 organizations is to the benefit of the City. Employee shall not
otherwise be employed on a full or part-time basis without the written permission
of the City Commission with the exception of his continued participation as a
reserve deputy sheriff in order to maintain his Florida certification credentials;
PROVIDED HIS PARTICIPATION DOES NOT INTERFERE WITH HIS
DUTIES UNDER THIS AGREEMENT AS DETERMINED BY 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 immediately available reachable by telephone or beeper and
- - • • :•• - . • : -, 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 which 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
77315.6.9.2
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.
D. 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 Agreement 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 7B(3) below, and subject to
subparagraphs 7B(2) c e C AND D 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 7B(2) (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 7B(2)below:
(a) Six (6) Three (3) months base salary IF TERMINATED PRIOR TO
OCTOBER 1, 2005, PLUS ONE (1) ADDITIONAL MONTH OF
BASE SALARY FOR EACH YEAR OF CONTINUOUS SERVICE
AFTER SEPTEMBER 30, 2005 (THE YEAR SHALL BE OCTOBER
1 TO SEPTEMBER 30) CAPPED AT NO MORE THAN SIX (6)
77315.6.9.2
MONTHS OF BASE PAY IN TOTAL; provided, however, there shall
be no severance due in cases of termination consistent with Section 7B(3),
OR VOLUNTARY TERMINATION, BUT IT SHALL BE PAID IN
THE EVENT OF NON-RENEWAL OF THIS AGREEMENT in-the
(b) City shall continue to pay for the premium necessary to provide
Employee group medical insurance during the period he receives
severance under paragraph 7B, just as if he had remained actively
employed during the period he receives severance, but subject to the
conditions set forth in subparagraph 7B(2)ed below.
(c) Employee complies with paragraphs 6B through 6D of this Agreement
(Confidentiality and Cooperation).
the City.
(d)(e) The City shall no longer be obligated to pay the premiums for
Employee's group medical insurance under subparagraph 7B(2)b above
once Employee has obtained employment with another employer who
offers group medical insurance for which Employee meets that employer's
eligibility requirements (and assuming any waiting periods have passed)
or after the period during which Employee receives severance pay from
the City, whichever first occurs.
address of all employers. The City reserves the right to verify such reports.
(e)(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.
(f)(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.
(g)(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
77315.6.9.2
Manager, Employee may elect to voluntarily resign, in which event said
resignation shall be treated as an involuntary termination under paragraph
7B and shall be subject to all of the subparagraphs set forth therein;
provided, however, 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 assist in the transition.
(h)(}} 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 and
disability 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 7B(2) hereunder unless otherwise
required by law if Employee 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 Commission.
(b)(d) Conviction or pleading guilty nolo contendre to a felony.
(-$(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 7B(2)unless and until a judgment 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
77315.6.9.2
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. ON OR BEFORE OCTOBER 1, 2005, After the initial year of this Agreement,
Employee shall move reside within the City limits of the City of Ocoee and to
maintain residence within the corporate boundaries of the City SO LONG AS HE
IS THE CITY MANAGER unless the City Commission agrees otherwise.
UPON PRESENTATION OF ACCEPTABLE RECEIPTS, Employer shall
pay directly for the expenses of moving Employee and his personal property from
his current residence including packing, moving, storage costs, unpacking and
insurance charges, PROVIDED THE TOTAL AMOUNT SHALL NOT
EXCEED THREE THOUSAND DOLLARS ($3,000.00). 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 attorney'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.
I. Employee waives any and all rights he has under the Employment Agreement
between himself and the City dated January 16, 2001 in his capacity as Acting City
77315.6.9.2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and
year first above written.
CITY OF OCOEE, FLORIDA
By/
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
77315.6.9.2
Robert Frank's
First Proposal
copied and distributed as
requested by
Mayor Vandergrift
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into as of the 1 day of May,
2001 by and 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 Jim Gleason Robert Frank (hereinafter referred to as the
"Employee").
NOW THEREFORE, in consideration for the mutual covenants contained herein, the parties
agree as follows:
1. 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 of 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 April 19,2001 and end April 18,
2002, unless earlier terminated by either party-as provided in Paragraph 8 below.
to April 18, 2002 of ninety (90) days prior to April 18 of any renewal year of the Agreement.
This agreement shall remain in full force in effect from June 21, 2004 until terminated by the
Employer or Employee as provided in section 7.
3. Compensation & Benefits:
A. The City will pay Employee for all services rendered and performed hereunder, a
base salary of$81,635.20 $109,500 per annum, in equal installments paid bi-weekly (26
pay periods per annum), or as otherwise mutually agreed; provided, however, that unless
otherwise agreed to by the City and Employee, the Employee's salary shall automaticailyk jj1 P°
increase based on cost of living increases (COLA's), if any, uniformly provided by the
City to Department Directors of the City on the same basis and under the same conditions
provided to said Department Directors.
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 base salary, shall be negotiated by the City Commission, or
its designee, with the Employee in conjunction with the adoption of the City's fiscal year
budget. As part of the budget review process each year for the City's FY 2001/2002
budget, the City agrees to discuss with the employee a salary increase which would be
effective on October 1 of that fiscal year. , 2001. Also as a part of the budget review
process for each fiscal y ar thereafter, the City agrees to discuss with the Employee a
. . •- . - - - - - - - - • e -- - . . Any salary
increase for Employee must be approved by the City Commission, but does not require a
formal amendment to this Agreement; provided, however, that the COLA increases
referenced above shall not require any specific approval by the City Commission.
4. Fringe Benefits:
A. (1) Employee shall be eligible for and participate in all fringe benefits uniformly
, provided to Department Directors of the City at the highest level 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 salary
as outlined in the current insurance contract, up to a maximum of$175,000.
•
B. Vehicle: - - . . -- . . • . . •- -• - - - - -
conditions:
(2) The City shall be responsible for all expe- - - • - - - -• - - - -
it in good working order.
Employer agrees to pav to the employee, during the term of this agreement and in
addition to other salary and benefits provided, the sum of$600.00 per month as a vehicle
allowance to be used to purchase, lease or own, maintain and operate a vehicle.
Employee shall be responsible for liability, property damage and comprehensive
insurance coverage upon such vehicle and shall be further be responsible for all expenses
attendant to said vehicle. Employer shall reimburse Employee at the IRS standard
mileage rate for any business use beyond the Central Florida area.
C. Equipment: The City will furnish Employee . . . , • - - • - . . •••: a
personal digital assistant (PDA) to be used exclusively for City business. Use of the
' - - - , , -- _ - - -- -- ' . Use of the PDA shall be
subject to the same guidelines applicable to members of the City Commission. Employee
- .. - _ . . . . - . . .. -- . . . - • . Employee
shall be provided a monthly cell phone allowance of$75.00 provided that he maintains
such cell phone service at all times during his employment and the cell number is
provided to the City Commission and City Department Heads.
D. Dues and Subscriptions: Subject to presentation of proper receipts or invoices
and the appropriation of funds as part of the City's annual budget, City agrees to pay for
the professional dues and subscriptions reasonably 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 City.
Additionally, the City shall pay for other memberships and subscriptions on behalf of the
Employee, which the City Commission, in its exclusive discretion, approves in advance.
E. Conventions:
(1) City 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 Commission, in its exclusive
discretion approves in advance when attendance at such functions requires
overnight travel and expense reimbursement in accordance with City policy.
(3) All other 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 the maximum regular contribution limit allowed annually ten
!o - . . . • !! l! .. . .. , into a deferred
compensation or retirement plan on Employee's behalf, such plan to be designated by
Employee, with such contributions being 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 in connection
with any such deferred compensation or retirement plan in order to allow for Employee's
continued participation therein.
G. Personal Leave: Upon commencing this Agreement, Employee shall begin
accruing Personal Time equal to the highest annual accrual provided to all other
employees. Employee shall then accrue Personal Time on an annual basis at the highest
rate provided to any other employees. Employee is entitled to accrue all leave without
limit, and in the event the Employee's employment is terminated, either voluntarily or
involuntarily, the Employee shall be compensated for all accrued personal time.
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 organizations is to the benefit of the
City. Employee shall not otherwise be employed on a full or part-time basis without the
written permission of the City Commission with the exception of his continued
participation as a reserve deputy sheriff in order to maintain his Florida certification
credentials.
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 immediately available reachable
by telephone or beeper . - -- . • •-- -- -•. - . . . : -, 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 which
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.
D. 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 Agreement 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 7B(3) below, and subject to
subparagraphs 7B(2) c - e below, if Employee is involuntarily terminated during
the term of this Agreements he shall be paid severance pay under the conditions
set forth in subparagraphs 7B(2) (a) - (j) 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 7B(2) below:
(a) Six (6) Three (3)months base salary; provided, however, there shall be
no severance due in cases of termination consistent with Section 7B(3) i
the event this Agreement is not renewed or extended.
(b) City shall continue to pay for the premium necessary to provide
Employee group medical insurance during the period he receives
severance under paragraph 7B, just as if he had remained actively
employed during the period he receives severance, but subject to the
conditions set forth in subparagraph 7B(2)e d below.
(c) Employee complies with paragraphs 6B through 6D of this Agreement
(Confidentiality and Cooperation).
received from wages from other employment (except other employment
Employee held which was approved by the City under paragraph 5A),
disability insurance, social security or life insurance, if any, provided by
the City.
(d)(e) The City shall no longer be obligated to pay the premiums for
Employee's group medical insurance under subparagraph 7B(2)b above
once Employee has obtained employment with another employer who
offers group medical insurance for which Employee meets that employer's
eligibility requirements (and assuming any waiting periods have passed)
or after the period during which Employee receives severance pay from
the City, whichever first occurs.
k .. • -
more than a monthly basis, which statement shall include the name and
address of all emp.eyers. The City reserves the right to verify such reports.
(e)(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.
(f)(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.
(g)(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
7B and shall be subject to all of the subparagraphs set forth therein;
provided, however, 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 assist in the transition.
(h)(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 and
disability 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 7B(2) hereunder unless otherwise
required by law if Employee is terminated for any or a combination of the following
reasons:
(a) Dishonesty with respect to the business and operation of the City.
WOO Violation of the City drug policy.
( . . . .. . . .. - . .. . .. •--
operation of the City conducted by or at the direction of the City Commission.
t(E) Conviction or pleading guilty nolo contendre to a felony or crime involving moral
turpitude.
(c)(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 7B(2)unless and until a judgment 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. After the initial year of this Agreement, Employee shall move reside within the
City limits of the City of Ocoee and to maintain residence within the corporate
boundaries of the City unless the City Commission agrees otherwise. Employer shall pay
directly for the expenses of moving Employee and his personal property from his current
residence including packing., moving, storage costs, unpacking and insurance charges. If
the City Commi-ssien se 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 attorney'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.
I. Employee waives any and all rights he has under the Employment Agreement
between himself and the City dated January 16, 2001 in his capacity as Acting City
and the vehicle referred to in said Employment Agreement, and understands that with the
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day
and year first above written.
CITY OF OCOEE, FLORIDA
By/
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
CITY MANAGER CONTRACT (proposal)
Salary $107,500
Car Allowance (subject to FICA) -includes insurance, fuel
, maintenance, etc. ($600 month) $7,200
FICA $8,775
Personal Leave (accrued @ 6.78 hrs biweekly equates to
176.28 annually) $9,111
Cell Phone(based on prior CM usage) ($100 month) $1,200
Deferred Compensation (10%) $10.750
Health Insurance (Single Rate) (Family rate is$8,623) $3,713
Dental/Life/ Disability/Workers Comp $2,210
TOTALS $150,458
OPTIONS (counter)
Personal Leave-40 hours executive time(at salary of
$107,500) $2,067
Personal Leave (accrued @ 8.31 hrs biweekly equates to
216.06 annually) $11,167
Deferred Compensation (10.95%) $11,771
New Vehicle-seats 6 (3 year replacement schedule) (3
years of lease payments)- based on $21,000 purchase
price $7,300
fuel $1,040
insurance $360
maintenance $500
Cell Phone Allowance (subject to FICA) ($75 month) $900