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HomeMy WebLinkAboutBoyle, Shawn City Manager's Employment Contract - 2019 10 29 CITY MANAGER'S EMPLOYMENT AGREEMENT THIS AGREEMENT,made this day of October,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,after the resignation of the former City Manager in April of 2019,Employee had been serving as interim City Manager of Winter Springs; and WHEREAS,on August 12,2019,the City Commission formally appointed Employee the City Manager of Winter Springs by 4/5'vote of the City Commission;and WHEREAS, Employer and Employee are now desirous of establishing, in writing, the duties and responsibilities of the respective parties and memorializing the terns 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 City Manager and is desirous of becoming the 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 City Manager of Winter Springs, Florida. Employee shall serve at the pleasure of the City Commission of Winter Springs("City Commission")and may be terminated with or without cause. The 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 1 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. The term of this Agreement shall commence retroactively to the date of appointment on August 12,2019 and shall continue until terminated by either Employer or Employee as provided herein. 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 City Manager is an exempt position under state and federal wage and hour laws.The Employee shall not receive overtime. (b) Retirement Plan. The Employer agrees to provide Employee the same retirement benefits provided to other City employees. 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 2 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 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. (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 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 bylaw,the City and Employee shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28,Florida 3 Statutes,and other applicable law.This paragraph shall survive termination of this Agreement. 7. Evaluation. (a) The City Commission shall review and evaluate the performance of the Employee at least once annually.Said review and evaluation shall be in accordance with specific performance criteria that is developed jointly by the City Commission and Employee. Once initially developed,the criteria may be modified as the City Commission and Employee may from time to time mutually determine. The evaluation under this Agreement shall be due and completed each year on or about the anniversary date of this Agreement. (b) In furtherance of defining the performance criteria, the City Commission and Employee shall annually define such goals and performance objectives that they deem necessary for the proper operation of the City and in the attainment of City Commission's policy goals and objectives. The relative priority among the various goals and objectives shall be reduced to writing. They shall generally be handled the time limitations as specified and the annual operating and capital budgets and appropriations provided. (c) The parties recognize that Employee's performance evaluation by the City Commission may not occur exactly on the anniversary date,but it will likely coincide with the regular meeting schedule of the City Commission or as required by the City Commission. 8. Termination and Severance Pay. (a) The Employee shall serve at the pleasure of the Employer. The City Commission reserves the right at any time in its sole discretion and for any reason whatsoever,or for no reason, to terminate Employee's employment at a duly held public meeting. If the Employee is terminated at the pleasure of the City Commission pursuant to this subparagraph(a),without cause, the Employee shall receive severance pay equal to twenty (20) weeks of current salary. In addition,Employee shall be entitled to any accrued vacation and sick leave under the same terms and conditions as any other City employee. (b)Employee agrees that the City Commission shall have the sole and absolute discretion to decide upon such termination under subparagraph 8(a). In the event of such termination,the Employee waives all rights to contest or challenge the City Commission's decision and will accept the payments provided in subparagraph 8 (a) in full satisfaction of the Employer's obligations under this Agreement and in full release of any and all claims that the Employee has,or may have, against the Employer,and its City Commission,employees,and City Attorney,both individually and in their official capacity,under this Agreement. (c) If the Employee is terminated by the City Commission because of.(1)a formal felony charge filed against him by the State or U.S.attorney or conviction of a felony; (2)misfeasance, malfeasance,or neglect of duty;(3)failure to cavy out the duties assigned under this Agreement, City Charter, or law; (4) conviction of a violation of the Florida Ethics Laws or any illegal act 4 involving personal gain to him; (5) abandonment of the Office of City Manager; (6) habitual drunkenness; or(7)permanent inability to perform his official duties as city manager, then the Employee shall not be entitled to any severance pay. If City Commission terminates Employee for cause pursuant to this subparagraph(c),the Employee's sole legal remedy is an action in the court of appropriate jurisdiction and venue. If said court determines that the City Commission did not properly terminate Employee for cause under this Agreement,the parties agree that such termination from employment shall be deemed a termination without cause,and the provisions of paragraph 8(a)shall apply in their entirety. (d) The Employee may terminate this Agreement at any time upon giving Employer at least ninety (90) days written notice in advance, unless the parties agree otherwise. The Employee shall receive compensation for his unused vacation and sick leave accrued through the termination date under the same terms and conditions as any other City employee. Employee shall not be entitled to any additional compensation or severance pay. (e) In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than that applicable to an across-the-board reduction for all employees of the Employer,or in the event Employer refuses, following written notice to comply with any other written provision benefitting Employee herein, then in that event Employee may, at his option,resign and be deemed to have been "terminated without cause"for purposes of applying paragraph 8(a). (f) In the event of the death of the Employee during the term of this Agreement, this Agreement shall automatically terminate and the Employer shall pay to his surviving spouse, if any,or if the Employee does not have a surviving spouse,to the estate of the Employee,an amount equal to the portion of the Employee's salary to which he was entitled through the date of this death, plus accrued sick and vacation time and any other applicable death benefits provided to other employees of Employer. 9. 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. (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. s (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 freely 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. EMPLOY U ]��c 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 St last aforesaid this OCIOCL day of October,2019. CASEY NICOLE CARMAN lel j RY I Notary Public-State of Florida Commission d GG 332477 dor n My Comm.Expires May 8,2023 Bonded through National Notary Assn. EMPLOYER: By: C1 es Lacey, yor 6 ATTEST: Andrea Lorenzo-Luaces,City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: I Anthony A.Garganese,Cft�Attorney Approved by the City Commission on:October 2019 7