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HomeMy WebLinkAboutMcLemore, Ronald W. 1999 Employement Agreement - 1999 06 16EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 16th day of September, AD 1999 by and between the CITY OF WINTER SPRINGS, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as City, as party of the first part, and RONALD W. McLEMORE, hereinafter referred to as Employee, as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of Employee as City Manager to the City as provided in the City Charter for the City of Winter Springs, Florida; and WHEREAS, Employee has served in the position of City Manager for three yeas; and WHEREAS, it is the desire of the City Commission to: (1) retain the services of Employee and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; and (3) to act as a deterrent against malfeasance or dishonesty and (4) to provide a just means of terminating Employee's services when the City Commission may otherwise desire to terminate his employ; and NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES. The City hereby agrees to employ said Employee as City Manager of said City to perform the functions and duties as specified in the City Charter for the Page 1 City of Winter Springs, Florida, including, but not limited to, the power to appoint, suspend, demote, and or remove any subordinate officers and employees under his supervision, perform all duties relating to the preparation, administration, and implementation of budgetary matters of the City Commission in accordance with the City Ordinance or State law, and to perform other legally permissible and proper duties and functions as the City Commission shall from time to time assign. SECTION 2. TERM. A. This Employment Agreement shall be for a period of four (4) years including provisions for one (1) three (3) year extension. B. The initial term of this agreement shall be from January 22, 1999 to January 21, 2003. In the event the City does not vote to end this agreement by July 22, 2002, the extension shall begin on January 22, 2003 and end on January 21, 2006. The City Manager shall notify the Commission of the Commission's July 22, 2002 notice requirements under this Section not later than January 21, 2002. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate at its will and without cause the services of Employee at anytime, subject only to the provisions set forth in Section 3, Paragraphs A and B, of this Agreement. D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at anytime from his positions with the City, subject only to the provisions set forth in Section 3, Paragraph C, of this Agreement. Page 2 SECTION 3. TERMINATION AND SEVERANCE. A. In the event the Employee is terminated by the City Commission while Employee is willing and able to perform his duties under this Agreement, the City agrees to pay Employee nine (9) months (or remaining months under the term of the Agreement if less than nine (9) months), as severance pay. However, in the event Employee is terminated after reasonable notice to Employee and an opportunity to be heard on grounds provided in Section112.501, Fla. Stat., providing for the suspension or removal of municipal board members, including, but not limited to, arrest for a misdemeanor related to the job and/or felony, malfeasance, misfeasance, neglect of duty, habitual drunkenness or permanent inability to perform his official duties, the City shall have no obligation to pay the aggregate severance sum designated in this paragraph. In no event shall the City be liable for any monies beyond the severance herein described should the City terminate this Agreement. B. Except as specifically provided herein, in the event the City at anytime during the term of this Agreement, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable, across-the-board reduction for all employees of the City, or in the event the City refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a formal direction by the City Commission that he resign, then, in that event, Employee may, at his option, be deemed to be Page 3 "terminated " at the date of such reduction or of such refusal to comply within the meaning and context of Section 3A of this Agreement. C. to the event Employee voluntarily resigns his position with the City, then Employee shall give the City Three (3) months notice in advance unless the parties otherwise agree. If Employee resigns his positions, Employee shall not be entitled to severance benefits, defined in paragraph 3A of this agreement unless approved by the City, but shall be entitled to severance benefits provided to other City employees. SECTION 4. COMPENSATION AND BENEFITS. A. City agrees to provide Employee on an annually adjusted basis, compensation and benefits competitive with that provided to other City Managers and City Administrators in the metropolitan Orlando area, in cities generally of comparable size and level of managerial responsibility. B. Salary. For the first year of this Agreement City agrees to pay Employee a salary of $88,000 payable in the installments at the same time as other employees of the City. Employee shall not be entitled to overtime or compensory benefits. C. Retirement. City agrees to contribute annually to Employee's retirement plan administered by the International City Management Retirement Corporation. For the first year of this Agreement, City agrees to contribute $16,400.00 to employee's 401-money purchase plan and $8,000.00 to employee's 457 deferred compensation plan. D. Automobile Allowance. City agrees to pay Employee an automobile allowance in monthly installments during the period of this Page 4 Agreement. Employee shall be responsible for all cost associated with the acquisition, operation, and maintenance of the vehicle for year one of this Agreement, City agrees to pay Employee an auto allowance in the amount of $300.00 per month. Employee shall be reimbursed for all automobile travel related to City business outside the metropolitan Orlando area (defined as outside of Seminole, Orange or Osceola Counties, Florida). Reimbursement shall be on a mileage basis consistent with that utilized by the State of Florida_ Employee shall provide City evidence of liability insurance providing employee not less than $100,000/$200,000 coverage while using his automobile during the performance of his duties. E. Life Insurance. City agrees to provide Employee term life insurance during the period of this Agreement. For the first year of this Agreement City agrees to provide employee $100,000 in term life insurance. F. Health and Disability Insurance. City agrees to provide health and disability insurance coverage equal to that which is provided to other employees. G. Paid Leave. City agrees that Employee shall be entitled to the same paid vacation leave, sick leave, bereavement leave, and holidays provided to other City employees. SECTION 5. PROFESSIONAL ASSOCIATIONS AND DEVELOPMENT. A. The City agrees to budget and pay for the reasonable professional dues and subscriptions of Employee necessary for his continuation and participation in national, state, and local associations, including Page 5 International City Manager's Association, the Florida City and County Manager's Association, and other organizations necessary and desirable for his continued professional participation, growth, and advancement and for the good of the City. B. The City agrees to budget and to pay for the travel and subsistence expenses of Employee for professional and official travel, meetings, short courses, institutes, seminars necessary to continue the professional development of Employee, and to adequately pursue necessary official and other functions for the City including, but not limited to the Florida City and County Manager's Associations and such state and local governmental groups and committees through which Employee serves as a member and which are appropriated in the budget. SECTION 6. PERFORMANCE EVALUATION. A. Annually, the City Commission and Employee shall define such goals and performance objectives which they shall determine necessary for the proper operation of the City during the budget process which shall generally be attainable within the time limitations as specified and provisions of the annual operating and capital budgets and appropriations. B. The Employee shall provide the City Commission with an annual report describing the City's progress in accomplishing the Commission's goals. Page 6 SECTION 7. OUTSIDE ACTIVITIES. A. The Employee agrees that he will devote all of his full working time to the performance of the duties required hereunder, and the Employee agrees not to engage in any other employment. This provision shall not include occasional teaching, writing, or consulting on Employee's time off subject to functions for the City including, but not limited to, the Florida City and County Manager's Association and such other state and local governmental groups and committees thereof which Employee serves as a member and which are appropriated in the budget. The foregoing shall be subject to Employee's recommendations for use and prior approval by the City Commission, which approval shall not be unreasonably withheld. SECTION 8. INDEMNIFICATION. The City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand, or other legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of Employee's employment and performance of Employee's duties as City Manager and as are permitted by law. However, this covenant shall not apply to acts outside the scope of Employee's employment or for claims for punitive damages. SECTION 8. BONDING. The City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Page 7 SECTION 10. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or other applicable law. B. The Employee shall receive all other benefits on the same basis as other management employees of the City or as separately provided by the mutual consent of the Commission and the Employee. C. Except as expressly provided herein, all provisions of law and rules and regulations of the City relating to vacation and sick leave, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended shall apply to the Employee as they would to other management employees of the City. SECTION 11. NO REDUCTION OF BENEFITS. The City shall not at anytime during the term of this Agreement reduce the salary, compensation, or other financial benefits of Employee except to the degree of such a reduction across-the-board for all employees of the City. SECTION 12. GENERAL PROVISIONS. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the se tats of Employee. C. If any provision or portion of a provision of this Agreement proves to be unconstitutional, invalid, unlawful, or unenforceable, it shall not be held to Page S invalidate or impair the validity, force, or effect of any other provision or part of this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, in duplicate, the day and year first written above. Page 9 CITY OF WINTER SPRINGS, FLORIDA By: ~ %~ By: RONALD W. MC EMORE CITY MANAGER/EMPLOYEE Date: 9' ^l 4 • R q Witnesses (As to Employee) ._ i PAUL P. PARTYKA MAYOR Date: 4 zO 91 ATTEST: 1 ~~ ANDREA-L~OREN Interim City Clerk ES, Page 10