HomeMy WebLinkAbout789-Tony Ackerson Employmt Agreement
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City of SanfordlTonv Ackerson EmDlovment Aareement
This Agreement, made and entered into this .:2~1ray of January, 2010, by and
between the City of Sanford, a Florida municipal corporation, hereinafter referred to as
"the City," whose address is 300 North Park Avenue Sanford, Florida 32771, and Tony
Ackerson, hereinafter referred to as "Ackerson," whose address is 141 North Road,
Lake Mary, Florida 32746.
Witnesseth:
Whereas, the City is desirous of continuing to retain the services of an employee
to provide for the general and diverse activities and services which are necessary to
supervise all City activities occurring at the City's Larry A. Dale Aquatic Center and to
provide recreational instructional services to the residents of the City and participants in
City recreational opportunities as set forth herein; and
Whereas, Tony Ackerson has served the City in the position of the City's Pool
Supervisor currently and in the most recent past times; and
Whereas, Ackerson wishes to obtain employment with the City to perform the
duties and responsibilities as set forth herein said position with the City being a position
that is exempt under the provisions of the Fair Labor Standards Act and under the
terms and conditions of this Agreement; and
Whereas, regardless of the dates and terms set forth herein, the parties ratify
and affirm all actions taken by the City and the validity of all actions taken by the City
prior to the execution of this Agreement and that the parties have had and continue to
have a seamless relationship as employer and employee.
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Now, Therefore, in consideration of these premises and of good and sufficient
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
do hereby covenant and agree to the following:
Section 1. Scope of AareementlRecitals.
(a). This Agreement supersedes and revokes all prior agreements between
the parties.
(b). The recitals set forth in the whereas clauses above are adopted by the
parties and incorporated herein as a substantive part of this Agreement.
Section 2. Duties and Responsibilities.
(a). The City hereby agrees to continue to employ Ackerson and Ackerson
agrees to continue to be employed by the City to accomplish the duties and
responsibilities as prescribed in the job description set forth in the exhibit to this
Agreement which are incorporated herein by this reference thereto and, generally,
relate to the following matters involving the City's Larry A. Dale Aquatic Center:
(1). Supervising the City's activities and programs occurring at
the City's Larry A. Dale Aquatic Center a minimum of forty (40) hours per
week. Such activities and programs include, but are not limited to:
(A). Scheduling and coordinating usage of the pool and
events.
(8). Scheduling lifeguards and other personnel.
(C). Maintaining order and enforcing all usage rules.
(D). Acting and serving as coach, organizer, facilitator,
promoter and overall manager of the Seminole Aquatics swim team
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in a high quality manner to include, but not be limited to, coordinating
any and all matters associated with swim teams and events
occurring at the City's Larry A. Dale Aquatic Center. With regard to
usage of the City's Larry A. Dale Aquatic Center by swim teams,
Ackerson shall ensure exclusive usage by the Seminole High School
Swim Team and Seminole Aquatics.
(E). Promoting the activities occurring at the City's
Larry A. Dale Aquatic Center through advertisement and other
activities and Ackerson shall provide the City with attribution and
publicity of a positive nature as to all such activities whether City-
sponsored or privately sponsored.
(2). Performing all aspects of pool operation, repairs and
maintenance at the City's Larry A. Dale Aquatic Center including, but not
limited to:
(A). Accomplishing daily routine and preventative
maintenance for, of and to all pumps, filters, pool water heaters, and
other mechanical systems; storing and maintaining chemicals and
cleaning supplies; testing and using appropriate chemicals to control
bacteria and algae, water ph etc.; cleaning and removing litter;
inspecting all facilities and performing minor maintenance on, to and
of the pool deck, bleachers, light fixtures and diving boards; all of
which shall be accomplished to the satisfaction of the City.
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(B). Inspecting all facilities and performing minor
maintenance on, to and of the pool deck, bleachers, light fixtures
and diving board(s).
(C). Accomplishing such other duties as the City may
require in terms of the operation and maintenance of the City's Larry
A. Dale Aquatic Center.
(b). All of the foregoing shall be accomplished to the satisfaction of the City.
Section 3. Private Teachina/Coachina Activities.
(a). In addition to City employment associated with the City's Larry A. Dale
Aquatic Center, Ackerson may engage in certain private activities, for compensation, at
and using the City's Larry A. Dale Aquatic Center.
(b). Ackerson may engage in private lessons and receive compensation for
coaching the Seminole High School Swim Team.
(c). With regard to all non-City activities, Ackerson shall be responsible for all
supplies, materials and equipment associated with such non-City usage of the City's
Larry A. Dale Aquatic Center. Ackerson shall not use any supplies of the City unless
specifically authorized by the City to do so; provided, however, that Ackerson shall not
be charged for electric, water or wastewater utilities relating to the use of the City's
facilities.
(d). All rates, charges and fees charged for services by Ackerson at the City's
Larry A. Dale Aquatic Center, except with regard to services provided to the Seminole
County School District, shall be subject to approval by the City and Ackerson and the
City shall enter a memorandum of understanding with the City relating to such
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established rates, fees and charges prior to Ackerson engaging to provide such
services.
(e). In consideration of and as compensation for Ackerson using the City's
Larry A. Dale Aquatic Center for private activities, Ackerson shall pay the City the sum
of One Thousand Forty-Nine and No/10Oths Dollars ($1,049.00) on or before the last
day of each month commencing January 1, 2010 (notwithstanding the date of execution
of this Agreement) which amount shall represent the monthly amount due to the City
from Ackerson.
(t). Ackerson shall accomplish a background check of his employees in a
manner satisfactory to the City at the cost of Ackerson and shall provide the results of
each background check to the City.
Section 4. Term.
(a). This Agreement shall be for a term commencing nunc pro tunc to
December 26, 2009 (with regard to the date of employment), notwithstanding the date
of execution (provided, however, that no gap of employment shall be deemed to have
occurred notwithstanding the date of execution of this Agreement or the prior actions of
the parties) and shall terminate at midnight on December 31, 2010; provided, further,
however, that this Agreement may be terminated earlier, as provided below.
(b). This Agreement shall renew on January 1 of each succeeding year absent
a party providing the other party notice of termination as set forth herein and may be
amended by means of a document approved by the parties of equal dignity herewith as
set forth herein.
Section 5. Modification of Terms.
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(a). The parties agree that the duties of Ackerson may be modified from time-
to-time by the mutual consent of the City and Ackerson or at the direction of the City.
(b). Notwithstanding any change of the relationship of the parties from that
which exists as of the date of the execution of this Agreement, the employment of
Ackerson with the City shall be construed as continuing under the terms of this
Agreement, as it may be modified from time-to-time.
(c). Any changes to this Agreement shall be in writing and executed by both
parties and by means of a document approved by the parties of equal dignity herewith.
Section 6. Compensation.
(a). In consideration for the services provided by Ackerson, the City will to pay
Ackerson wages, payable every other week, in the annual gross salary amount of Fifty-
Four Thousand and No/10aths Dollars ($54,000.00) said rate of pay to commence on
December 26,2009.
(b). Ackerson agrees that he is a management employee of the City and is an
exempt City Management level employee under the Fair Labor Standards Act and will
not be entitled to any overtime wage payments.
(c). Ackerson agrees that the City has appropriately paid for the services of
Ackerson in the past by the City and that the City has appropriately compensated
Ackerson for the services provided to the City prior to the execution of this Agreement.
(d). Ackerson shall be subject to all personnel rules and regulations of the City
to include those fiscal matters to which all other City employees or department directors
are subject as determined by the City Manager.
Section 7. Other Entitlements.
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Ackerson shall be entitled to receive employment benefits available to regular
City employees. The City shall deduct FICA and Federal withholding taxes.
Section 8. Devotion of Time.
(a). Ackerson agrees to devote fully adequate productive time, ability and
attention to the business of the City during the term of this Agreement all to the
satisfaction of the City.
(b). Ackerson's rendering of any services to any person business of a
commercial or professional nature or to any other person or organization at the City's
Larry A. Dale Aquatic Center, whether for compensation or otherwise, except as set
forth herein, is prohibited unless the City's prior written consent is obtained.
Section 9. Compliance with Law.
Ackerson agrees to abide by and comply with all local, State and Federal
statutes, laws, ordinances, codes, rules and regulations and, with specificity, the
provisions of the Code of Ethics for Public Officers and Employees as set forth in
Chapter 112, Florida Statutes, and other controlling law, as well as all City ordinances,
rules, regulations, policies and procedures of the City during the term of this Agreement
such as, but not limited to, the Code of Ethics of the City.
Section 10. Breach of Aareement.
(a). If Ackerson breaches any of the terms of this Agreement or fails to fully
perform his duties and responsibilities, he may be subject to immediate disciplinary
action by the City up to and including termination of his employment under this
Agreement. Such discipline shall be in addition to, and shall not prejudice, any other
remedy to which the City may be entitled, either at law, in equity, or under this
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Agreement.
(b). Nothing herein shall provide Ackerson with property rights in his
employment with the City.
Section 11. Indemnification.
(a). Ackerson shall be entitled to the same protections as any other City
employee in terms of liability for actions taken within the scope of his employment with
the City.
(b). With regard to non-City activities, Ackerson agrees to fully and completely
hold harmless, indemnify and defend the City, its officials, officers, employees, and
agents against any and all claims, demands, losses, damages, actions, causes of
actions, or lawsuits for damages, arising from, allegedly arising from, or related to the
provision of services hereunder by the Ackerson at the facilities of the City or in any
way related thereto as well as with regard to any usage of any City facility. To
implement this provision, the Ackerson shall provide all necessary insurance to the
satisfaction of the City's Human Resources Director.
(b). Ackerson shall pay and discharge or appeal at his sole costs and expense
any and all judgments, damages, costs, and expenses arising, in any way, from the use
of the City's facilities for non-City activities.
(c). Ackerson covenants not to sue the City. This indemnification is plenary
and complete as to the activities of the Ackerson.
Section 12. Assianments/Transfers.
(a). Ackerson shall not assign or transfer his or her rights and obligations
under this Agreement to any person or entity. Ackerson may enter into subcontracts for
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any of the individual services to be performed hereunder by him when specifically
authorized by means of the prior written consent of the City, but only as to his non-City
activities.
(b). Notwithstanding the foregoing, Ackerson shall not be required to obtain
City approval when hiring his assistants and his employees to accomplish the purposes
of this Agreement with regard to non-City activities; provided, however, that the City
may require Ackerson to cease utilizing any assistant or employee if the City
determines that such assistant or employee is acting or performing in a manner to be
adverse to the interests of the City. All such persons shall undergo a background
investigation satisfactory to the City.
Section 13. Governina LawNenue/Compliance With Law.
(a). This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida and the City of Sanford.
(b). Venue for any dispute shall be in the Eighteenth Judicial Circuit Court in
and for Seminole County, Florida.
(c). Ackerson shall fully comply with all applicable local, State, and Federal
environmental regulations and laws and all laws of any other type or nature.
Section 14. Specific PerformancelTime Is Of The Essence.
(a). Strict compliance shall be required with each and every provision of this
Agreement.
(b). The parties agree that failure to perform the obligations established in this
Agreement shall result in irreparable damage, and that specific performance of these
obligations may be obtained by suit in equity.
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(c). Time is of the essence to this Agreement and every right or responsibility
shall be performed within the times specified.
Section 15. Attornev's Fees.
In the event of any action to enforce the terms of this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees, paralegals' fees, and costs
incurred, whether the same be incurred in a pre-litigation negotiation, litigation at the
trial level, or upon appeal.
Section 16. Force Maieure.
The parties agree that in the event that the failure by either party to accomplish
any action required hereunder within a specific time period ("Time Period") constitutes a
default under terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party
including, but not limited to, acts of God, acts of government authority (other than the
City's own acts), acts of public enemy or war, terrorism, riots, civil disturbances, power
failure, shortages of labor or materials, injunction or other court proceedings beyond the
control of such party, or severe adverse weather conditions ("Uncontrollable Event"),
then notwithstanding any provision of this Agreement to the contrary, that failure shall
not constitute a default under this Agreement and any Time Period proscribed
hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event.
Section 17. Interpretation.
(a). Ackerson and the City agree that all words, terms and conditions
contained herein are to be read in concert, each with the other, and that a provision
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contained under one (1) heading may be considered to be equally applicable under
another in the interpretation of this Agreement.
(b). This Agreement shall not be construed more strictly against either party
on the basis of being the drafter thereof, and both parties have contributed to the
drafting of this Agreement.
(c). This Agreement creates no interest in any City real property except as to
the Ackerson's grant of a license by the City to use the City's Larry A. Dale Aquatic
Center for non-City activities.
Section 18. Captions.
Sections and other captions contained in this Agreement are for reference
purposes only and are in no way intended to describe, interpret, define, or limit the
scope, extent or intent of this Agreement, or any provision hereto.
Section 19. Counterparts.
This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and
the same document.
Section 20. Modifications/Amendments/Non-Waiver.
(a). Amendments to and waivers of the provisions herein shall be made by the
parties only in writing by formal amendment. This Agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved by
the City Commission of the City of Sanford.
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(b). Failure of any party hereto to exercise any right hereunder shall not be
deemed a waiver of any such right and shall not affect the right of such party to
exercise at some future date any such right or any other right it may have.
Section 21. Notices.
(a). Whenever either party desires to give notice unto the other, notice may be
sent to:
For the City:
City Manager
City Hall
300 North Park Avenue
Sanford, Florida 32771
With a copy to:
Human Resources Director
City Hall
300 North Park Avenue
Sanford, Florida 32771
For Ackerson:
Tony Ackerson
141 North Road
Lake Mary, Florida 32746
(b). Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices.
Section 22. No Authority to Bind City.
Ackerson has no authority to enter into contracts or agreement on behalf of the
City. This Agreement does not create a partnership between the parties.
Section 23. Termination.
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This Agreement may be terminated by either party for any reason upon thirty
(30) days written notice, provided via United States Mail to the addresses below:
As to the City:
City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
As to the Ackerson:
Tony Ackerson
141 North Road
Lake Mary, Florida 32746
Section 24. Event of Termination.
In the event of the termination of this Agreement prior to the completion of the
term of employment specified herein, Ackerson shall be entitled to the compensation
earned through to the time of termination, computed pro rata. Ackerson shall be
entitled to no further compensation as of the date of termination.
Section 25. Severability.
The validity, interpretation, construction and effect of this Agreement shall be in
accordance with and governed only by the laws of the State of Florida. Should any
litigation occur as a result of or in conjunction with this Agreement, any such disputes
shall be litigated in Seminole County, Florida. In the event any provision hereof is
determined to be unenforceable or invalid, such unenforceability or invalidity shall not
affect the remaining provisions of this Agreement, which shall remain in full force and
effect. To that extent, this Agreement is deemed severable
Section 26. Reauirement Of A Writina.
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Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the parties.
Section 27. Entire Aareement/lntearation.
(a). It is understood and agreed that the entire Agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matters hereof.
(b). This Agreement supersedes and revokes all prior agreements between
the parties.
In Witness Whereof, the parties hereto have set their hands and seals the
day, month and year above written.
Witnesses:
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Printed Name
Attest:
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Janet Dougherty ~ ~
City Clerk
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
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