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
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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.
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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
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"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
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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
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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.
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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.
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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
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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.
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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,
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