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HomeMy WebLinkAboutGovoruhk, John Employment Agreement -1993 10 01 '. .' ~"~"'":~''' l . EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of October, A.D. 1993 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 JOHN GOVORUHK, hereinafter referred to as Employee, as party of the second part, both of whom understand as follows: WIT N E SSE T H: WHEREAS, the city desires to employ the services of Employee as City Manager of the City as provided in the City Charter for the city of Winter Springs, Florida; and WHEREAS, it is the desire of the city to provide certain benefits, establish certain conditions of employment and working conditions of said Employee; and WHEREAS, it is the desire of the city commission to: (1) secure and 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 anc peace of mind with respect to future security; and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and (4) to provide a just means for terminating Employee's services when the City commission may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as city Manager of said city. 08/11917.1 W/29/93 0\ 6:250'" )J .~ " . / NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties aqree 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 City of Winter springs, Florida, including, but not I imi ted to, the power to appoint, suspend, demote and/or remove any subordinate officers and employees under his jurisdiction, perform all duties relating to the preparation, administration, and implementation of budgetary matters of the City Commission in accordance with City Ordinance of 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. 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, Paragraph A and B, of this Agreement. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at anytime from his pos i tion with the City, subj ect only to the provisions set forth in Section 3, Paragraph C, of this Agreement. SECTION 3. TERMINATION AND SEVERANCE PAY. A. In the event Employee is terminated by the City Commission during such time that Employee is willing and able to perform his 08/11917.1 10/29/93 41 6:25aJII 2 ., ,. . duties under this Agreement, then in that event the city agrees to pay Employee a lump sum cash payment equal to thirty (30) days' aggregate salary; provided, however, that in the event Employee is terminated after reasonable notice to Employee and an opportunity to be heard on grounds provided by section 112.501, Fla. stat., for suspension or removal of municipal board members; then, in that event, the City shall have no obligation to pay the aggregate severance sum designated in this paragraph. 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 wr i tten notice, to comply with any other provisions benef i ting 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 "terminated" at the date of such reduction of such refusal to comply within the meaning and context of Section 3A of this Agreement. C. In the event Employee voluntarily resigns his position with the City, then Employee shall give the city thirty (30) days' notice in advance unless the parties otherwise agree. SECTION 4. DISABILITY. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four (4) successive weeks IIR/11917.1 111/29/93 .16:25.111 3 beyond any accrued sick leave, the City shall have the option to terminate this Agreement. However, Employee shall be compensated for any vacation, holidays, and other accrued benefits. SECTION 5. SALARY. The City agrees to pay Employee for services rendered pursuant hereto an annual base salary of $60,884. ($ 60,884 ), payable in installments at the same time as other employees of the City are paid. The Employee shall never receive overtime or compensatory pay of any sort during the term of this Agreement. Further, the City agrees to reconsider Employee's salary each year based on an annual evaluation of Employee's performance as provided for in paragraph 6 herein. SECTION 6. PERFORMANCE EVALUATION. A. The City Commission shall review and evaluate the performance of the Employee at least once annually before November 1 of each year. Said review and evaluation shall be in accordance with specific criteria developed by the city commission. Said criteria may be added to or deleted from as the city commission may from time to time determine. Said evaluation shall be conducted in order to enhance the working relationship of the parties and improve the delivery of service and credibility of city government and to serve as a basis for determining whether or not to award merit increases to Employee's base salary. B. Annually, the city commission and Employee shall define such goals and performance objectives which they shall determine (/~/11917.1 10/29/93 al 6: 25am 4 . , 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. c. In effecting the provisions of this section, the City and Employee mutually agree to abide by the provisions of all applicable laws. SECTION 7. OUTSIDE ACTIVITIES. 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 prior approval of the city commission and to the extent such does not conflict or interfere with Employee's duties hereunder. SECTION 8. AUTOMOBILE. Employee's duties require that he shall have the use of an automobile when performing his duties for the City and going to and from his residence to work. The city shall provide Employee with an automobile, gas and maintenance for its operation. The city shall be responsible for paying for liability, property damage, and comprehensive insurance and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. SECTION 9. HEALTH AND LIFE INSURANCE The city agrees to provide hospitalization, surgical, and comprehensive medical insurance for Employee and his dependents and 08/11917.1 10/29/93 At 6: 2SAIII 5 ,. ./ to pay the premiums thereon equal to that which is provided all other employees of the city with effective coverage beginning on October 1, 1993. SECTION 10. PROFESSIONAL ASSOCIArION AND DEVELOPMENT. A. The city agrees to budget and to pay for the reasonable professional dues and subscriptions of Employee necessary for his continuation and participation in national, state, and local associations, including the 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 hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meeting, and occasions adequate 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 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. c. The City also agrees to budget and to pay for the travel and subsistence expenses of the Employee for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City as budgeted. 1I~/11917.1 1ll/29/93 at 6:25am 6 ~. 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 11. INDEMNIFICATION. Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand, or other legal action, 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. the city will compromise and settle any such claim or suit within the scope of Employee's employment and pay the amount of any settlement or judgement rendered thereon. SECTION 12. BONDING. The city shall bear the full cost of any fidelity or uLher bonds required of the Employee under any law or ordinance. SECTION 13. 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 vacation leave and sick leave on the same basis as other management employees of the city or as 08111917.1 10/29/93 at 6:25am 7 ... separately provided by the City Commission. The Employee having prev iously served as city Police Chief, all vested and accrued benefits he earned as Police Chief shall not be effected by the terms of this Employment Agreement and the Employee shall be entitled to those benefits upon his separation from the city. The vested and accrued benefits are those set forth in Exhibit" A" attached hereto and incorporated herein. C. Except as expressly provided herein, all provisions,of law and rules and regulations of the City relating to vacation and sick leave, pension plan, 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. SECTION 14. NO REDUCTION OF BENEFITS. The City shall not at anytime during the term of this Agreement reduce the salary, compensation, or other financial benef i ts of Employee except to the degree of such a reduction across-the-board for all employees of the City. SECTION 15. 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 heirs and personal representatives of Employee. C. This Agreement shall become effective commencing October 1, 1993 and shall continue until October 31, 1994 unless the City Commission on or before October 31, 1994, votes to end the 08/11917.1 111/29/93 .1 6:25:1111 8 ,. Agreement in which case said Agreement shall expire thirty (3D) days from the date of the city Commission vote or such time as set by the City Commission. In the event the city Commission does not vote to end the Agreement as provided herein, the Agreement shall continue until October 31, 1995. D. If any provision or portion of a provision of this Agreement proves to be unconstitutional, inval id, unlawful, or unenforceable, it shall not be held to 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 above written. CITY ATTEST: ;)n a4~ ~ MARY NORTON, city Clerk As to City CITY Witnesses: ~';tf:t'~~ '7UA4< '#I ~ae-. As to Em oyee 08/11917.1 10/29/93 31 6:2S:un 9