Item 02 Approval of Amendment to City Manager’s Employment Agreement Allowing for City Manager to Choose to Receive a Car Allowance or a City-owned Vehicle ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 4, 2018
Item # p,
Reviewed By:
Contact Name: Rebecca Roberts Department Director:,
Contact Number: 1520 City Manager: Robe I'9'/
Subject: Approval of Amendment to City Manager's Employment Agreement Allowing for City
Manager to Choose to Receive a Car Allowance or a City-owned Vehicle.
Background Summary:
The City Manager is covered by an employment agreement with the City of Ocoee, which is dated
October 1, 2007. Included in the October 2007 agreement, and the predecessor employment
agreements between the City Manager and the City, is a provision allowing the City Manager to receive
a car allowance each month. At this time, the City Manager has requested an amendment to the
employment agreement to allow the City Manager to choose to receive either a car allowance or to
receive the use of a City-owned vehicle.
The desire of the City Manager is to be assigned a City-owned vehicle rather than receiving a monthly
car allowance. Fleet Maintenance confirmed that a vehicle meeting the City's requirements can be
purchased by the City piggybacking through the Florida Sheriff's Association's Cooperative Vehicle
Contract #18-VEL26.0. The price of the vehicle will not exceed $28,000 and is consistent with other City
vehicles with similar specifications.
Issue:
Request the City Commission approve the amendment to City Manager's Employment Agreement
allowing the City Manager to choose between receiving a car allowance or receiving the use of a City-
owned vehicle, authorize the purchase of a City-owned vehicle for a price not to exceed $28,000, and
approve the necessary budget adjustments required to fund the purchase.
Recommendations:
Recommend the City Commission approve the amendment to City Manager's Employment
Agreement allowing the City Manager to choose between receiving a car allowance or receiving the
use of a City-owned vehicle, authorize the purchase of a City-owned vehicle for use by the City
Manager in an amount not to exceed $28,000, and approve the necessary budget adjustments
required to fund the purchase.
Attachments:
First Amendment to Employment Agreement
Financial Impact:
The cost of the vehicle will be covered by a transfer of $6,300 from the City Manager's budget to the
Capital Reserve fund (317). This $6,300 represents the amount budgeted for the remainder of FY2019
for the City Manager's car allowance. The balance ($21,700) will be covered by a reallocation of funds
initially reserved for the construction of a new fire house, which are no longer required for that purpose.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. . N/A
Reviewed by ( ) N/A
•
2
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement (the "Amendment") is entered into
this day of , 201_, by and between the City of Ocoee, Florida, a municipal
corporation established under the laws of the State of Florida (the "City"), and Robert D. Frank
(the "Employee").
WITNESSETH:
WHEREAS, City and Employee entered into that certain Employment Agreement dated
October 1, 2007, whereby the City has employed Employee as City Manager (the "Agreement");
and
WHEREAS, City and Employee desire to amend the Agreement in order to address the
matters set forth in this amendment.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained
herein, the parties hereto agree as follows:
1. The recitals are true and correct and are incorporated herein by reference.
2. Paragraph 4(B)(1) of the Agreement is hereby deleted in its entirety and the
following is substituted in lieu thereof:
B. Vehicle
1. City agrees to pay to Employee during the term of this Agreement, in
addition to other salary and benefits provided, either one of the following: (A) the sum of
$700.00 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 responsible for all
expenses attendant to said vehicle. City shall reimburse Employee at the IRS standard mileage
rate for any business use beyond the Florida League of Cities Tri-County area, or (B) City shall
provide a full size sedan or sports utility vehicle for Employee's business and personal use
within the State of Florida. City will be responsible for all costs related to said vehicle in the
same manner as is provided for the Police Chief and Fire Chief. Employee shall chose option
(A) or option (B) each fiscal year and shall advise the City of Employee's choice for the
subsequent fiscal year no later than thirty (30) days before the end of each fiscal year.
3. Except as amended hereby, the Agreement remains unchanged and in full force
and effect, and each of the parties hereto ratifies and confirms the terms and conditions of the
Agreement. 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 above first written.
CITY OF OCOEE,
a Florida municipal corporation
By: RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY this day
of , 201 .
SHUFFIELD LOWMAN& WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 201_ UNDER
AGENDA ITEM NO.
EMPLOYEE
ROBERT D. FRANK