HomeMy WebLinkAboutBoyle, Shawn Interim City Manager Employment Agreement - 2019 04 08 INTERIM CITY MANAGER'S
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made this 8h day of April, 2019 ("Effective Date"), 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
City's Finance Director; and
WHEREAS, after the resignation of the former City Manager effective midnight on April
8, 2019, Employee was appointed by 4/5`h 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
Manager's resignation and subject to the terms and conditions of this Agreement; 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, it is in the City's best interest to appoint 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
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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 Manager's Association and such other state and local government
groups and committees thereof, provided such activities do not conflict or interfere with
Employee's 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'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.
(b) Nothing in this Agreement shall prevent,limit, or otherwise interfere with the right
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of the City to terminate, at its will and without cause,the services of the Employee as Interim City
Manager, subject to Employee's rights to continue as Finance Director for the City subject to the
City's employment policies. 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 Employee's right to continue in his capacity as Finance Director subject to the
City's employment policies.
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 Commission's annual evaluation of Employee's
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 City's Group Health Insurance Plan of his choosing for the Employee, spouse, and dependents
that is available to all City employees.
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(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's Travel Policy
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 Employee's 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
Employee's 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 Employee's 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.
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(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.
EMP
Shawn oy
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.
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WITNESS m hand and official seal in the Coun and S
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NOTA" PL 1"C'
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Notary Public State of Florida
jp Antonia DeJesusOF
My Commission GG 212565
Expires 08/2012022
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EMPLOYER:
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ATTEST:
An4llea 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