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HomeMy WebLinkAbout2019 03 25 Consent 304 Interim City Manager Contract COMMISSION AGENDA Informational Consent X ITEM304 Public Hearings Regular March 25, 2019KS Regular MeetingCity ManagerDepartment REQUEST: At the direction of the City Commission at the March 11, 2019 meeting, the City Attorney presents a proposed Interim City Manager Employment Agreement by and between Shawn Boyle and the City, effective upon approval by the City Commission and execution by the parties on April 8, 2019. SYNOPSIS: The City Commission has accepted the resignation of the current City Manager effective at midnight on April 8, 2019. On March 11, 2019, in accordance with the City Charter’s minimum 4 vote requirement, the City Commission appointed Shawn Boyle, the current Finance Director, as Interim City Manager subject to approval a written employment agreement. The City Attorney was directed to prepare the attached Agreement that outlines the terms and conditions of the Interim City Manager appointment for the City Commission’s consideration and approval. CONSIDERATIONS: 1. The attached Interim City Manager Employment Agreement outlines the full terms and conditions of the interim position, and a summary of some of the non-standard terms and conditions are as follows: a. Term. The term commences immediately upon the current City Manager’s termination at midnight on April 8, 2019, and shall continue until terminated by either the City Commission or Mr. Boyle or automatically at such date and time that the City Commission makes a permanent appointment of a City Manager and the permanent City Manager commences his or her employment. Consent 304 PAGE 1 OF 3- March 25, 2019 b. At-WillTemporary Position. Employee shall serve at the pleasure of the City Commission of Winter Springs and may be terminated with or without cause. The parties acknowledge and agree that the Interim City Manager position is only a temporary assignment and that the City Commission is actively recruiting for the permanent City Manager position. However, Employee and Employer acknowledge and agree that Employee will be considered, along with any other candidates, for the permanent City Manager position at such time the City Commission determines, in its sole discretion, it is in the City’s best interest to appoint a qualified person to serve as the permanent City Manager. c. Salary and benefits. $160,000 annual salary. 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 employees of the City. The City agrees to make all required premium payments for the City’s Group Health Insurance Plan of his choosing for the Employee, spouse, and dependents that is available to all City employees.The City agrees to provide Employee use of an appropriate take-home City vehicle to be used primarily for City related business in furtherance of his duties and responsibilities as City Manager. d. Contingency -Return to Finance Director Position. At such time as a permanent City Manager other than Mr. Boyle commences his or her employment or the City Commission terminates the Employee as Interim City Manager, the Employee shall be entitled to return to and resume his previous position as Finance Director with all benefits available to all City employees, all Employee’s accrued benefits and leave balances accrued, and his time of service earned shall not lapse during the temporary assignment as Interim City Manager. The Employee’s salary for Finance Director shall be returned to the last salary amount prior to appointment as Interim City Manager with any salary adjustments that would have been afforded to all City employees during the term of this Agreement, including starting salary adjustments and the average merit increase provided. 2. Based on a third-party survey of Seminole County area City Managers, which was obtained by the City’s HR Manager, a base salary of $160,000 is proposed which is $5,246.63 below the salary of the neighboring Oviedo City Manager and the third lowest of the Seminole County area managers. Additionally, unlike that of other City Managers, the proposed contract allows the Interim City Manager the use an existing City vehicle as a take-home vehicle in lieu of the customary Auto Allowance (the average auto allowance of Seminole County area Managers is $4,800 annually). 3. Mr. Boyle has reviewed the Interim City Manager Agreement and has expressed approval of the terms and conditions stated therein. FISCAL IMPACT: There is a direct fiscal impact related to this Agenda Item as expressly stated in the Interim City Manager Agreement. COMMUNICATION EFFORTS: Consent 304 PAGE 2 OF 3- March 25, 2019 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends City Commission consider approval of the attached Interim City Manager Employment Agreement by and between Shawn Boyle and the City. ATTACHMENTS: Interim City Manager Employment Agreement, effective April 8, 2019 Consent 304 PAGE 3 OF 3- March 25, 2019 INTERIM CITY MANAGERS EMPLOYMENT AGREEMENT th THIS AGREEMENT, made this 8 day of April, 2019 , between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "Employer" or City) and SHAWN BOYLE (hereinafter referred to as the "Employee"). WHEREAS, Employer is a Florida municipal corporation organized and existing under the laws of the State of Florida; and WHEREAS, prior to the effective date of this Agreement, Employee was serving as the WHEREAS, after the resignation of the former City Manager effective midnight on April th 8, 2019, Employee was appointed by 4/5 vote of the City Commission on March 11, 2019 as the Interim City Manager of Winter Springs immediately upon the effective date of the former City ; and WHEREAS, Employer and Employee are now desirous of establishing, in writing, the duties and responsibilities of the respective parties and memorializing the terms and conditions of employment in a written agreement to be executed by and between the parties; and WHEREAS, the Employee has professional experience in the field of service required by this Agreement, is fully qualified to hold the position of Interim City Manager and is desirous of becoming the Interim City Manager; and WHEREAS, the Employer has determined this Agreement to be in the best interest of the Employer. NOW THEREFORE, in consideration of the mutual promises herein contained, it is hereby agreed as follows: 1. Employment and Duties. Employer employs the Employee in the capacity of Interim City Manager of Winter Springs, Florida. Employee acknowledges and agrees that he is accepting employment as the Interim City Manager only as a temporary assignment and that the City Commission is actively recruiting for the permanent City Manager position. However, Employee and Employer acknowledge and agree that Employee will be considered, along with any other candidates, for the permanent City Manager position at such time the City Commission determines, in its sole discretion, a qualified person to serve as the permanent City Manager. Employee shall serve at the pleasure of the City Commission of Winter Springs (City Commission) and may be terminated with or without cause. The 1 Employee agrees to perform such duties as set forth in the Charter and Ordinances of the City of Winter Springs, as said Ordinances and Charter may be amended from time to time, together with such other duties as may be properly and legally assigned to him from time to time by the City Commission. Employee also agrees to fully and faithfully perform such duties prescribed by the laws of the State of Florida and United States of America, including regulations of other appropriate administrative agencies, relating to the City of Winter Springs and the position of City Manager. All such duties shall be performed within the time frames or deadlines imposed by law, applicable policy, rule, or established by the City Commission. Absent a legally or City Commission imposed deadline, the Employee shall perform his duties within a reasonable period of time and with due regard for promptness, diligence, and professionalism. The Employee shall request of the City Commission from time to time such decisions or actions of the City Commission which the Employee may determine are reasonably necessary for the successful accomplishment of his duties as City Manager. And, the Employee shall assign or devote such resources and personnel in a manner in his judgment best serve the interest of the City of Winter Springs, Florida, consistent with the policies and direction of the City Commission. 2. Performance. The Employee agrees to devote his full working time and attention to the performance of the duties of the City Manager required hereunder. Employee shall not render any other services of a professional or business nature to any other person or organization without the Employer's prior written consent. This provision shall not include occasional teaching, presentations to professional organizations, writing, or performing functions on behalf of the Florida City and County Managers Association and such other state and local government groups and committees thereof, provided such activities do not conflict or interfere with Employees duties as City Manager under this Agreement. 3. Term. (a) The term of this Agreement shall commence at midnight on April 8, 2019 and shall continue until terminated by either Employer or Employee as provided herein or shall automatically terminate at such date and time that the City Commission makes a permanent appointment of a City Manager and the permanent City Manager commences his or her employment. At such time as a permanent City Manager other than Employee commences his or her employment or the City Commission terminates the Employee as Interim City Manager, the Employee shall be entitled to return to and resume his previous position as Finance Director with all benefits available to all City employees, all Employee accrued, and his time of service earned shall not lapse during the temporary assignment as Interim City Manager. The Employees salary for Finance Director shall be returned to the last salary amount prior to appointment as Interim City Manager with any salary adjustments that would have been afforded to all City employees during the term of this Agreement, including starting salary adjustments and the average merit increase provided. (b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right 2 of the City to terminate, at its will and without cause, the services of the Employee as Interim City Manager, subject to EmployeeFinance Director for the City subject to the . Similarly, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign, at any time, from his position as the Interim City Manager, subject to E right to continue in his capacity as Finance Director subject to the . 4. Compensation. For his services to the Employer, the Employee shall be compensated as follows: (a) Salary. Commencing on the effective date of this Agreement, the Employee shall receive a starting salary of One Hundred Sixty Thousand and No/100 Dollars ($160,000.00), payable in installments at the same time as other employees of the Employer are paid, less appropriate deductions for employment taxes, income tax and other lawful withholdings. Employee shall not be entitled to overtime or compensatory benefits. The Employee's annual base salary may be adjusted based on the City Commissions annual evaluation of Employees performance, or by mutual agreement of the City Commission and Employee. The position of Interim City Manager is an exempt position under state and federal wage and hour laws. The Employee shall not receive overtime. 5. Other Conditions of Employment. The Employee, on condition of his employment by the Employer, agrees to the following: (a) Hours of Work. The Employee agrees that, subject to Employee's inability to work due to sickness or injury, at all times during the term of this Agreement, he will arrange to be available to perform the duties of his employment not only during the regular business hours of the Employer, but also at such other times as the Employer shall from time to time reasonably request and that he shall not be entitled to any compensation in addition to that provided for herein for services rendered by him outside of the City's regular business hours, or on Saturdays, Sundays or holidays. (b) Vacation, Sick Leave, Holidays and Other Benefits. 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 employees of the City. The City shall not at any time during the terms of his service as Interim City Manager reduce the salary, compensation, or other financial benefits of Employee except to the degree of such reduction across-the-board for all employees of the City. (c) Health Insurance. The City agrees to make all required premium payments for the C Group Health Insurance Plan of his choosing for the Employee, spouse, and dependents that is available to all City employees. 3 (d) Professional Association and Development. The City hereby agrees to budget for and pay the travel and subsistence expenses of Employee for professional and official travel, meetings, conferences, training, seminars, and occasions consistent with the City applicable to all City employees. The foregoing shall be subject to the needs of the City and budgetary appropriation by the City Commission. (e) Automobile Allowance. The Employer agrees to provide Employee use of an appropriate take-home City vehicle to be used primarily for City related business in furtherance of his duties and responsibilities as City Manager. (f) Other Miscellaneous. 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 the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement and other applicable law. 6. Indemnification. Employer shall defend, indemnify and hold Employee harmless against any and all civil claims, demands, actions, suits, expenses and losses, including reasonable attorney's fees, arising out of the action or omission of Employee within the scope of his duties as Interim City Manager, except for acts or omissions exhibiting wanton or willful disregard of human rights, safety, or property or outside the scope of Employees employment or willful misconduct of Employee ("Covered Loss"). Further, this covenant shall only apply to claims for punitive damages where such claims arose out of the good faith performance of the Employees duties; otherwise, this covenant shall not apply to claims for punitive damages. The Employer may, at Employer's option, provide for legal representation of Employee through the City Attorney or outside counsel of its choice or may choose to reimburse the Employee for legal fees incurred as a result of a Covered Loss. The City will have the authority to compromise and settle any such claim or suit within the scope of the Employees employment and pay the amount of any settlement or judgment rendered thereon. To the maximum extent permitted by law, the City and Employee shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28, Florida Statutes, and other applicable law. This paragraph shall survive termination of this Agreement. 7. General Provisions. (a) The text herein constitutes the entire Agreement between the parties, and it may not be modified except by written Agreement signed by both parties. (b) If any provision or portion of this Agreement is found to be unenforceable, then the remainder of this Agreement shall not be affected and shall remain in full force and effect. (c) This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 4 (d) This Agreement shall be interpreted and governed by the laws of Florida. Venue for any action hereunder shall be in Seminole County, Florida, or if a federal action is commenced, in the Federal Court in Orlando, Florida. (e) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. (f) The language of the City Charter relating to the position and function of the City Manager of the City of Winter Springs, as may be amended from time to time, is incorporated herein by reference into this Agreement as though it were set forth in the text of this Agreement verbatim. (g) Both parties have participated in drafting this Agreement. As such, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. (h) The effective date of this Agreement shall be the date first written above. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. EMPLOYEE: ____________________________ Shawn Boyle STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared SHAWN BOYLE, to me personally known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ________________, 2019. ______________________________ NOTARY PUBLIC 5 EMPLOYER: By:______________________________ Charles Lacey, Mayor ATTEST: ________________________________ Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _________________________________ Anthony A. Garganese, City Attorney Approved by the City Commission on: March 25, 2019 6