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HomeMy WebLinkAboutMcLemore, Ronald W. 1996 Employment Agreement - 1996 01 22 rII' ~ 06-96 03:44 PM FROM CITY OF WINTER SPRGS PO VO 9 .' I\\'~@~ \ ;\ 0 E C 0 () 1996 \ \ \i UDGGlS _----- "'~LOYMENT AGREEMENT -..-...- ---- THIS AGREEMENT, made and entered into this C9CJ ~da of 199 ~ by and between the CITY OF W'JNT.ER SPRINGS, FLORID ..:1':".... ' State of Florida, hereinafter referred to a. City. as party of the AD. McLEMORE, hereinafter referred to as Employee, as party of th bo~h of whom understand as follows: WITNE SSETH: WHEREAS, the City desires to employ the services of Employ as City WHEREAS, it is the desire of the City Commission to: (1) se e possible full as provided in the City Charter for the City of Winter Springs, Florid . and WHEREAS, it is the desire of the City to provide certain of employment and working conditions of said Employee; and Employee and to provide inducement for him to remain in such emplo .':00 work productivity by assuring Employee's morale and peace of mind .. . and (3) to act as a deterrent against malfeasance or dishonesty for p rsonaI gain Employee; and (4) to provide a just means for terminating Empl w~n the City Commission may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as Ci NOW THEREFORE, in consideration of the mutual coven agree as follows: Ph 'io'} G't~ ooy,g IlftioIaft & ~ 7. "" IC.......... ~ "~'.A. Poet-It- Fax Note To ~~ CoJOepl. 7671 Dale From Co. Phone. Phone .. Fax/l Fax It . , ~. '~-S6 03:44 PM FROM CITY OF WINTER SPRGS POZ/OS . , .-:-1 SECTION 1. DUTIES. ,:.*_.,-.. The City hereby agrees to employ said Employee II City Mana functions and duties as specified in the City Charter for the City ofWmt r Springs, Fl ri4 including, but not limited to. the power to appoint, suspend, demote and/or rcmov employees under his jurisdiction, perfonn all duties relating to the pr implementation of budgetary matters of the City Commission in accor State law. and to perform other legally permissible and proper du es and ns ~ the City Commission shall from time to time assign. SECTION 2. TERM. A. Thia Employment Agreement shall be for a period of ec;ment. Employee's first day of employment with the City subject to the t B. Nothing in this Agreement shall prevent, limit, or otherwise City to t~natc at its will and without cause the services ofEmplo at anytime,1 subject only to the provisions set forth in Section 3, Paragraphs A and B, ofthii Age, em. C. Nothing in this Agreement shall prevent, limit, or otherwise' terfere with he ~ght of the " '. ., Employee to resign at anytime from his position with the City, subject 0 y to the pro . sio~s set forth in Section 3. Paragraph C, ofthil Agreement. SECIlON 3. TERMINATION AND SEVERANCE PAY A In the event Employee is terminated by the City Commissi n during the t ~ (30) months of Employee's initial employment and Employee is willina an under this Agreement, then, in that event, the City agrees to pay Employ equal to six (6) months' aggregate salary; if Employee is terminated d ......LDIoallIr1..'" E<>W"'-lMtII &~ P.A. 2 12-06-96 03:44 PM FROM CITY OF WINTER SPRGS P03/09 sixth month of the employment-period, then Employee shall only be -~,~.-,'- of severance under the term of Agreement; provided, however, ~ployee is terminated after reasonable notice to Employee and an opportunity to b heard on grrunqs provided by Section 112.501, Fla. Stat., for suspcOsion or removal of municipal b ard member" in~ding. but I not limited to, lITest for a misdemeanor and/or felony, malfeasance, . sfeasanc:o, tg1~t of duty, habitual drunkenneas or permanent inability to pedorm. his official duti then, in tha ~t, the City shall have no obligation to pay the aggregate severance sum designated . shall the City be liable for any monies hereunder beyond the severanc City terminate this Agreement. I B. Except as specifically provided herein. in the event the C , at anytime f~ the term I of this Agreement, reduces the salary or other financial benefits of Emp ytte in a gr1ter fercemage than an applicable across-the-board reduction for all employees of the ity. or in th1 ev~t the City refuses. following written notice, to comply with any other provisions enefiting E~plofee herein, I . I or the Employee resigns fbllowing a formal direction by the City Co sian that he rm~ then, in that event, Employee may, at hiI option, be deemed to be "terminated" ..~e date of~u~ reduction or of such refusal to comply within the meaning and context of Sectio 3i. of this tient. c. In the event Employee voluntarily resigns his position with e City. then mp~oyee shall I give the City three (3) months notice in advance unlen the parties 0 erwiae awee\- If~mployee . I br the City. I SECI'ION 4. SALARY. oan ~ue salary resigns bia position, Employee shaD. not be entitled to severance benefits. The City aarees to pay Employee for aervic:ea rendered pursuant of Seventy-five Thousand Dollara ($75,000.00)t payable in inJtallmen timp as other ~1l.~T.'" It.,.,.--' . . ........ '.A. 3 12-06-96 03:44 PM FROM CITY OF WINTER SPRGS P04/09 SECTION s. PERFORMANCE EVALUATION. oq. an annual I employees of the City are paid. The Employee shall-never receive ov any sort during the tenn of thil Agreement. Further, the City agrees to reconsider Employee's salary evaluation of Employee's performance u provided for in Section 5 h A The City Commission shall review and evaluate the perfo , Pliee at least ation shall b in rccordance ! t9 or deleted bt; conducted of ~ervice and once annually before November 1 of each year. Said review and ev with specific criteria developed by the City Commission. Said criteri from as the City Commission may from time to time detennine. Said in order to enhance the working relationship of the parties and impro aed1bility of City government and to serve as a basis for determining increases to Employee's base salary. B. Annually, the City Commission and Employee shall define such goals d p,normance I . objectives-which they shall detcm1ine necessary for the proper operation fhe budget specified .. '. \ pr~visions of prcx:esa which shaJl generally be attainable within the time limitations the annual operating and capital budgets and appropriations. I C. In cfiOcting the provisicllS ofthi. Section, the City and EmpI yee mutuaJI1 agr,., to abide by the provisions of all applicable laws. I SECI'ION 6. OUTSIDE ACTIVITIES. ......a. ~7.1" L.......L-- a..-"~P.A. 4 The Employee agrees that he will devote all ofbisfull woddng . duties required hereunder, and the Employee agrees not to engage in provision shall not include cx:casional teaching, writing, or consulting on 12-06-96 03:44 PM FROM CITY OF WINTER SPRGS P05/09 to prior approval of the City'Comnllssion and to the extent such do not conflict r r with ...,. .,. I Employee's duties hereunder. SECTION 7. AUTOMOBILE. The City ahall provide Employee with an automobile allow e of Three cd Dollars ($300.00) per month. The Employee shall be responsible for paying p~ damage, and comprehensive" insurance. and for the purchase; operation, m . tenance, " rep . . Fd regular ; replacement of Employee'. automobile. The Employee sball pro . de to the C tdence of commercial1iability imurance that pro>ides ",,_lbr Employee wbiI using hi. au 01blle during the performance of his City duties. I I SECTION 8. HEALTH AND LIFE INSURANCE. The City agrees to provide hospitalization, IUl'git'al, and compre Employee and to pay the premiums thereon equal to that which is pr the City with e1fectivc coverage beginning on A. The City agrees to budget and to" pay for the tease ,bl~ profess' nail dues" and subsaiptions of Employee necessary for his continuation and participatio in national, cl and local usociations. including the International City Manager's Association, he Florida C f County , Managers Association, and other organizations n.eo:s~ and desirable fi r his COntinUjd p~. fesaional , " I participation, growth, and advancement and for the good ofthc City. : I B. The City hereby _to budgellbr iuid to pay the travel IUbsistm e tenses of Employee for profeuional and official trave~ "IMetings, and occuio adequate t co~tinue the professional development of Employee and to adequately pursue ee&saIy om . Ii rd other I lI...w. L ~T. lff5 1Cr.,-. ................ P A 5 12-06-96 03:44 PM FROM CITY OF WINTER SPRGS P06/09 function. for the City including, but not limitl:dto. the Florida City and C 1 Manager', Association and such other state and local go~~ental groups committ ur-eof which I Employee serves as a member and which are appropriated in the bud ct. . i C. The City also agrees to budget and to pay for the travel SUbsisten1 ~enses of the Employee for .hort c;ourses, institutes, and .eminars that are n CCIIllIY fur j'rmfcssiOna! development and for the good of the City as budgeted. : ' . The fur~~ing shall be subject to Employee'. recommendation, or we and plor ~ppmval by the City Comnuwon, which approval ahall not h. unreasonably eld. r- i SECTION 10. INDEMNIFICATlON4 '." ~ I The City shall defend, save harmless, and indernnify Employee against any t rt, rofessional SECTION 11. BONDING. liability claim or demand, or other legal action, whether groundless otherwise, .. g out of an alleged act or omission occurring within the scope of Employee's em loyment and p Employee's duties as City Manager and u are pMInitted by law. Ho apply to acts outside the. scope of Employee' a employment or: for The City shall bear the full cost of any fidelity or other bonds re any law or ordinance. SECTION 12. OT.H.EK TERMS AND CONDmONS 0 A The City Commission, in consultation with the Employee, and conditions of employment as it may determine from time to time r lating to the Employee7 provided such terms and conditions are not inconaistent provisions of this Agreement or other applicable law. ...... R. ~ 1. lilli' Co__. ~ &~'.A. 6 " 12-06-96 03:44 PM FROM CITY OF WINTER SPRGS P07/09 ~_' -' -I ~ . !.,' B. The Employee shall receive all benefits on the same basis as as they now exist or hereafter may be amended shall apply to the Em loyce as th of the City or as separately provided by the City Commission. C. Except as expressly provided herein, all provisions of law management employees of the City. D. The City providea a pension plan for the employees of permitted by law, the City agrees to provide: the sam<: pension plan t rovidea all o ment, the amount of money the City would have contributed to Employee ifhe plan. In no event shall Employee receive more than the dollar amount for Employee for the City pension plan. '- - The City agrees that within sixty (60) days after the hire date, 'the City and Employee will meet to discuss and work toward for all of the City'. employees. not to exceed Two Thousand Dollars ($2,000.00). SECTION 13. NO REDUcnON OF BENEFITS. , ' I : enl '4'" t Wmy, egree of suth a Ireduction The City shall not at anytime during the tmn of this compensation, or other financial benefits of Employee except to the acrou-the-board for all employees of the City. ........ II, ~1. I_ X. _.. ... t .... , ~'.A. 7 12-06-96 03:44 PM FROM CITY OF WINTER SPRGS P08/09 SECTION 14. GENERAL PROVIS~()N~. A The text herein shall constitute the entire agreement b and shall B. This Agreement shall be binding upon and inure to the b representatives of Employee. C. This Agreement shall become effective commencing continue until ~ 'JAJOeh41fy '19 unless the City ~ I DEe I! /t1 A lit ,g . votes to end the Agreement in which cas n I or before nt &hall expire thirty (30) days from the date of the City CoIIUZlission vote or y the City Commission. In the event the City Commission doell n~ vote to en provided herein, the Agreement shall continue until ~~ C)11~ 'I ".;2... I i D. If any provision or portion of a provision of this Agreement roves to be rco .... invalid, unlawful, or unenforceable. it shall not be held to invalidate 0 impair the .. . force. or . .. I to be Signr i executed ! .~PIOyee jhU rgned and en. I! effect of any other provision or part of this Agreement. . IN WITNESS WHEREOF, the City has ca~d this Agreem ~-':. on iu behalf by its Mayor and duly attested by ita City Clerk, and executed this Agreement, in duplicate. the day and year first above (SIGNATURES ON mE FOllOWING PA E) .., Il.ooloion L eo...Iw '. ,,., IC.......... 1l..&~,A. 8 12-05-96 03:44 PM FROM CITY OF WINTER SPRGS P09/09 ../ . . ._, -- . - - - Witnesses: ~~K~_~G. A. ~~.. P"j;!h.L." to City W~esses: Uour/e. ~cdot- ~AQ~ As to mploy~ .0:. . J , a...loiGna.~7.1l'll5 lCNw-'-"<< ............ P.... 9