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1410 City Mgr Norton Bonaparte Contract & AddendumThe Bonapar Norton N. Bonaparte, Jr. 5979 SW 31" Terrace Topeka, Kansas 66614 H 785.228.9708 C 785.633.9919 nbonapar2 @aol.com 17852289708 Date: August 3, 2011 To: Mayor Jeff Triplett Fax # 407 - 261 -2841 Mayor: Attached is the executed employment agreement. Please let me know if you have any questions. Respectfully, Norton N. Bonaparte, Jr. P. mo :_X: r , r'44 The Bonapar 17852289708 p.2 Employment Agreement For The Charter Office Of City Manager Between The City of Sanford, Florida and Norton N. Bonaparte. Jr. Introduction This Agreement made and entered into this 8th day of August, 2011, by and between the City of Sanford, Florida, a municipal corporation, (hereinafter called the "CITY ") and Norton N. Bonaparte, Jr. (hereinafter called the "MANAGER "). Section 1: Term This Agreement shall remain in full force in effect upon full execution hereof by the parties until terminated by the CITY or the MANAGER as provided in Section 9, 10 11, or 12 of this Agreement. Section 2: Employment as Charter Officer of the City of Sanford; Duties and Authority The CITY agrees to employ the MANAGER as City Manager of the City of Sanford, a Charter Officer of the CITY, to perform the functions and duties specified in the City Charter and the City Code of the City of Sanford, applicable Florida law and to perform other legally permissible and proper duties and functions. The MANAGER agrees to fully and faithfully execute the duties and responsibilities of the office of City Manager of the City of Sanford under any and all applicable law. Section 3: Compensation A. The CITY agrees to pay the MANAGER an initial annual base salary of $150,000.00, payable in installments at the same time that the other management employees of the CITY are paid. B. This Agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the CITY's compensation policies or as reflected from actions in accordance with Section 3.C. of this Agreement. C. Consideration shall be given on an annual basis by the City Commission of the City of Sanford to increase salary and other benefits payable to the MANAGER dependent upon the results of the performance evaluation conducted under the provisions of Section 13 of this Agreement. Section 4: Health, Disability and Life Insurance Benefits A. The CITY agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the MANAGER and his dependents equal the greatest amount that is provided to any other management employee of the CITY. The coverage will be effective as of September 12, 2011 or the CITY will pay the amount of $1,221.89 per month for COBRA coverage until the MANAGER is covered by the CITY's insurance. The Bonapar 17852289708 p.3 B. The CITY agrees to put into force and to make required premium payments for short term disability coverage for the MANAGER. C. The CITY shall pay the amount of the premium due for term life insurance in the amount of the MANAGER's annual base salary, including all increases in the base salary during the life of this Agreement. The MANAGER shall name the beneficiary(ies) of the life insurance policy and provide such information to the CITY. Section 5: Paid Time Off and Holidays A. Upon commencing employment, the MANAGER shall be credited with paid time off (PTO) equal to the pro -rated amount of the highest annual accrual provided to any other management employee of the CITY (272 hours at present). The MANAGER shall then accrue PTO on an annual basis at the highest rate equal to any other management employee of the CITY. B. The MANAGER shalt be entitled to holidays as any other CITY employee. C. The MANAGER shall ensure that the City Commission is apprised on any occasion during which he will not be available to accomplish his day -to -day activities as MANAGER due to leave or other authorized absence (in advance if practicable) and that a CITY employee (of suitable position and stature) is appointed to act in the MANAGER's place and stead during such absence. The City Commission shall be advised, in writing, of the person so appointed. D. The MANAGER shall be entitled to accrue all unused PTO, consistent with City policies (5.13), and in the event that the MANAGER's employment is terminated, either voluntarily or involuntarily except for terminations arising from cause as set forth herein, the MANAGER shall be compensated for all accrued PTO, all paid holidays, and other benefits to date. Section 6: Monthly Vehicle and Cell Phone Allowance A. The CITY agrees to pay to the MANAGER, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $600.00 per month, payable monthly, as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. This amount shall be adjusted every twelve (12) month period in an amount equal to the consumer price index relied upon by the CITY for any other CITY employees entitled to the same adjustment, if any. The MANAGER shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The CITY shall reimburse the MANAGER at the IRS standard mileage rate for any business use of the vehicle beyond the greater Sanford area. For purposes of this Section, use of the car within the greater Sanford area is defined as travel to locations within a one hundred (100) mile radius of Sanford's City Hall. The MANAGER shall provide proof of his obligations hereunder as may be required by the CITY. 2 The Honapar 17852289708 p.4 B. The CITY agrees to pay to the MANAGER a cell phone allowance of $75.00 per month. The MANAGER shall ensure that he is provided with adequate cell phone capabilities to ensure that he is available on an on -call basis as set forth herein. Section 7: Retirement The CITY agrees to enroll the MANAGER into the applicable State or copal retirement system and to make all the appropriate contributions on the MANAGER's behalf, for both the CITY'S and the MANAGER's required shares. Section 8: General Business Expenses A. The CITY agrees to budget for and to pay for professional dues and subscriptions of the MANAGER necessary for continuation and full participation in national, regional, State, and local associations, and organizations necessary and desirable for the MANAGER's continued professional participation, growth, and advancement, and for the good of the CITY. The CITY shall accomplish its actions in accordance with CITY policies. B. The CITY agrees to budget for and to pay for reasonable travel and subsistence expenses of the MANAGER for professional and official travel, meetings, and occasions to adequately continue the professional development of the MANAGER and to pursue necessary official functions for the CITY including, but not limited to, the International City /County Management Association, the Florida City and County Management Association, the Florida League of Cities, and such other national, regional, State, and local governmental groups and committees in which the MANAGER serves as a member. The CITY shall accomplish its actions in accordance with CITY policies. C. The CITY also agrees to budget for and to pay for reasonable travel and subsistence expenses of the MANAGER for short courses, institutes, and seminars that are necessary for the MANAGER's professional development and for the good of the CITY. The CITY shall accomplish its actions in accordance with CITY policies. D. The CITY recognizes that certain expenses of a non - personal but job related nature are incurred by the MANAGER, and agrees to reimburse or to pay said general expenses in accordance with CITY policies. E. The CITY acknowledges the value of having the MANAGER participate and be directly involved in local civic clubs or organizations. Accordingly, the CITY shall pay for the reasonable membership fees and/or dues to enable the MANAGER to become an active member in local civic clubs or organizations. Section 9: Termination Without Cause. For the purpose of this Agreement, termination without cause shall occur when: A. The majority of the City Commission votes to terminate the MANAGER at a duly authorized public meeting and the termination is without cause. Any termination of the MANAGER shall be accomplished in accordance with the provisions of the City Charter or other controlling law or practice of the City Commission. In the event that the MANAGER, 3 The Honapar 17852289708 p.5 has served an initial three (3) month period successfully and is terminated by the CITY for any reason other than termination based an adjudication or conviction of a crime involving moral turpitude, a felony, a finding of violation of Chapter 112, Part 3, Florida Statutes; a violation of the City Charter, a violation of the CITY's Code of Ethics; any ethical violation that constitutes a breach of public trust as determined by the Florida Commission on Ethics, controlling Florida law, or the City Commission; for any action that would constitute an abandonment of office, a departure from generally accepted public management practices and principles, or malfeasance or misfeasance in office; while the MANAGER is willing and able to perform the duties of City Manager of the City of Sanford the MANAGER shall be entitled to severance pay as set forth herein. B. If the CITY, citizens or Florida Legislature act to substantially and materially amend any provisions of the CITY's enabling legislation pertaining to the role, powers, duties, authority, responsibilities of the MANAGER's position that substantially materially changes the form of government (in such case the MANAGER shall have the right to declare that such amendments constitute termination, but such shall not occur automatically). C. If the CITY reduces the base salary, compensation or any other financial benefit of the MANAGER in a greater percentage than the average reduction of all CITY department heads. D. In the event the MANAGER is terminated without cause by the CITY during the three (3) months immediately following the seating and swearing -in of two (2) or more new members of the City Commission, and during such time that the MANAGER is willing and able to perform his duties under this Agreement, then, the CITY agrees to pay severance in accordance with Section 10 plus salary and benefits in accordance with Section 10 for any portion of the three (3) months not worked. Section 10: Severance Pay A. Severance pay shall be paid to the MANAGER when employment is terminated as defined in Section 9. B. If the MANAGER is terminated, the CITY shall provide severance pay equal to twelve (12) weeks of salary at the current rate of pay, or the maximum allowed by Florida law if such has been earned by adding one (1) week of severance for each year of continuing service in the position of City Manager; provided, however, that, in no event, shall severance pay exceed twenty (20) weeks of salary or the maximum allowed by controlling State law, whichever is less. Severance pay shall be paid in a lump sum unless otherwise agreed to by the CITY and the MANAGER. C. The MANAGER shall also be compensated for all accrued PTO, and all applicable paid holidays constituting work days during the period of severance pay shall be included in the calculation of severance pay. 4 The Banapar 17852289708 p.6 D. For the period established in Section 10.A. following termination without cause, the CITY shall pay the cost to continue the following benefits: 1. Health insurance for the MANAGER and all dependents as provided in Section 4.A. 2. Life insurance as provided in Section 4.D. 3. Short -term disability as provided in Section 4.B. Section 11: Termination With Cause. If the MANAGER is terminated because of an adjudication or conviction of a crime involving moral turpitude, a felony, a finding of violation of Chapter 112, Part 3, Florida Statutes; a violation of the City Charter, a violation of the CITY's Code of Ethics; any ethical violation that constitutes a breach of public trust as determined by the Florida Commission on Ethics, controlling Florida law, or the City Commission; for any action that would constitute an abandonment of office, a departure from generally accepted public management practices and principles, or malfeasance or misfeasance in office, then the CITY is not obligated to pay the benefits that it would otherwise be obligated to pay if the MANAGER was terminated without cause under this Agreement. A plea of no% contendere shall constitute a conviction under the provisions of this Agreement. Section 12: Resignation In the event that the MANAGER voluntarily resigns his position with the CITY, the MANAGER shall provide a minimum of thirty (30) days notice unless the parties agree otherwise. A resignation shall be in writing. Section 13: Performance Evaluation A_ The CITY shall annually review the performance of the MANAGER subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the CITY and the MANAGER. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the MANAGER within thirty (30) days of the evaluation meeting. B. Annually, the City Commission and the MANAGER shall define such goals and objectives which they determine necessary for the proper operations of the CITY's government and the attainment of the City Commission's policy objectives and shall further establish a relative priority among those various goals and objectives. Said goals and objectives shall be reduced to writing in an appropriate form. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided_ Section 14: Hours of Work It is recognized that the MANAGER must devote a great deal of time outside the normal office hours or business for the CITY and, to that end, the MANAGER shall be allowed to establish an appropriate work schedule. It is also recognized that the MANAGER is on -call twenty -four (24) hours a day and seven (7) days a week and maintains, at all times, the plenary obligation to administer the Sanford City government in accordance with the 5 The Bonapar 17852289708 p.7 provisions of the City Charter, the City Code, State law and sound and generally accepted public management and local government administration practices and principles. Section 15: Outside Activities The employment provided for by this Agreement shall be the MANAGER's sole employment. Recognizing that certain outside consulting or teaching opportunities may provide indirect benefits to the CITY and the community, the MANAGER may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with his responsibilities under this Agreement and shall only occur with the City Commission being informed of such activities prior to the commencement of such activities and having the opportunity to review and comment upon the proposed activities. Section 16: Moving and Relocation Expenses A. The MANAGER agrees to establish residence within the corporate boundaries of the City of Sanford, within six (6) months of employment, and thereafter to continually maintain residence within the corporate boundaries of the City of Sanford provided, however, that the MANAGER agrees that his duties require his physical presence in the City of Sanford during work days from the commencement of his employment on September 12, 2011 and that the rote of City Manager of the City of Sanford requires his immediate physical presence in the City of Sanford and his attention to his duties and responsibilities. The MANAGER may request the City Commission to grant an additional period within which to establish residency within the corporate boundaries of the City of Sanford which period shall not exceed six (6) months. B. The CITY shall pay directly or reimburse the MANAGER for the expenses of moving MANAGER and his immediate family (spouse and legal dependents) and personal property from Topeka, Kansas to Sanford, Florida. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. C. The CITY shall reimburse the MANAGER one -time for actual lodging and meal expenses for his family, as described above, in route from Topeka, Kansas to Sanford, Florida. Mileage costs for moving two (2) personal automobiles shall be reimbursed at the current rate per mile in accordance with CITY policies. The CITY shall reimburse the MANAGER one time for documented expenses for moving and storage of the MANAGER =s personal belongings associated with establishing a residence within City Limits of the City of Sanford, which reimbursement shall not exceed the amount to be established as the lowest of three (3) competitive bids obtained from moving companies. The reimbursement request must be submitted to the CITY within twelve (12) months of the date of the execution of this Agreement. D. The CITY shall pay the MANAGER an interim housing supplement of $1,200.00 monthly for up to twelve (12) months or until he sells his home in Topeka, Kansas, whichever first occurs. If the home sells prior to the expiration of twelve (12) months, and the MANAGER has established residency within the City Limits of the City of Sanford, then the remainder R The Bonapar 17852289708 p.8 that would have been paid to the MANAGER shall be paid by the CITY to the MANAGER for assistance in procuring permanent housing within the City of Sanford. E. The CITY shall reimburse the MANAGER for a total of no more than three (3) round trip air fares for the MANAGER and his spouse at any time during the first twelve (12) months of service to the CITY in order to assist with house hunting and other facets of the transition and relocation process. The MANAGER shall be reimbursed for actual lodging within the City of Sanford and meal expenses incurred by MANAGER within the City of Sanford and his spouse on any trips conducted prior to final relocation to the City of Sanford, as detailed herein; provided, however, that the total number of house hunting and related days allowed for reimbursement shall not exceed three (3) days per trip. The CITY shall accomplish its actions in accordance with CITY policies. Section 17: Indemnification A. Beyond that required under Federal, State or local law, the CITY shall defend, save harmless and indemnify the MANAGER 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 in the performance of the MANAGER's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful, wrongful or wanton conduct by the MANAGER. The MANAGER may request and the CITY shall not unreasonably refuse to provide independent legal representation at the CITY's expense and the CITY may not unreasonably withhold approval. Legal representation, provided by the CITY for the MANAGER, shall extend until a final determination of the legal action including any appeals brought by either party. The CITY shall indemnify the MANAGER against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings, including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by the MANAGER in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties. Any settlement of any claim must be made with prior approval of the CITY in order for indemnification, as provided in this Section, to be available. B. The MANAGER recognizes that CITY shall have the right to compromise claims and, unless the MANAGER is a party to a suit which the MANAGER has a specific veto authority over the settlement, settle any claim or suit; unless, . said compromise or settlement is of a personal nature to MANAGER. Further, CITY agrees to pay all reasonable litigation expenses of MANAGER throughout the pendency of any litigation to which the MANAGER is a party, witness or advisor to the CITY unless the pertinent act or omission involved willful, wrongful or wanton conduct by the MANAGER. Such expense payments shall continue beyond MANAGER's service to the CITY as long as litigation is pending. Further, CITY agrees to pay MANAGER reasonable consulting fees and travel expenses when MANAGER serves as a witness, advisor or consultant to CITY regarding pending litigation, but not if the MANAGER is an adverse party. 7 The Bonapar 17852289708 p.9 C. The provisions of this Section relative to the obligations of the CITY shall not apply to acts outside the scope of MANAGER =s employment or services or for claims for punitive damages. The CITY will have the authority to compromise and settle any such claim or suit within the scope of MANAGER =s employment and pay the amount of any settlement or judgment rendered thereon. D. To the maximum extent permitted by law, the CITY and the MANAGER shall rely upon the doctrine of sovereign immunity and the provisions of Section 768.28, Florida Statutes, and other applicable law. E. Venue for any dispute shall be in the State courts in and for Seminole County, Florida and the Federal court for the Middle District of Orlando. Florida law shall be controlling. The parties agree to pursue alternative dispute resolution to the maximum extent feasible. Section 18: Bonding CITY shall bear the full cost of any fidelity or other bonds required of the MANAGER under any law or ordinance as may be applicable and require such bonding.. Section 19: Other Terms and Conditions of Employment The CITY, only upon agreement with MANAGER which shall not be unreasonably withheld and which may comport with generally accepted public management practices and principles and reasonable performance standards, shall fix any such other terms and conditions of employment, as it may determine from time -to -time, relating to the performance of the MANAGER, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the City Code or any other law. Section 20: Notices A. Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) CITY: Jeff Triplett, Mayor City of Sanford City Hall 300 North Park Avenue Sanford, FL 32771 (2) MANAGER: Norton N. Bonaparte, Jr. 5979 SW 31 Terrace Topeka, KS 66614 B. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. C. Upon attaining residency within the City of Sanford, as required by the City Charter of the City of Sanford, the MANAGER shall promptly notify the City Commission of the City of Sanford and notice under this Agreement shall be given to the MANAGER's address within the City of Sanford. Section 21: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the CITY and the MANAGER relating to the employment of the MANAGER by the CITY. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of this Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the CITY and the MANAGER as well as their heirs, executors, and personal representatives. C. Effective Date. This Agreement shall become effective on August 8, 2011 with the duties of the parties established as set forth herein. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. In Witness Whereof, the parties hereto have made and executed this Agreement on the respective dates under each signature. Attest. ip I � 10- 1 8 .0 1 y,771 P Norton N. Bonaparte, Jr. Norton N. aparte, Jr. Date: e • 3 - ` 2o 0 Witness # 2 Attest. Janet Dougherty, Cifj Clerk City Of Sanford By: Jeff Triplett, 9 The Banapar 17SS2289708 p.11 Date: Approved as to form and legal ITliam L. Colbert City Att6*rnet/ o ), 6n 42w 10 Additional Term And Condition (Addendum) To Employment Agreement Employment Agreement For The Charter Office Of City Manager Between The City Of Sanford, Florida And Norton N. Bonaparte, J r. This Additional Term And Condition To Employment Agreement is made and entered into this 8th day of August, 2011 by and between the City of Sanford, Florida, and Norton Bonaparte, with the parties entering this document and agreement in conjunction with the "Employment Agreement Employment Agreement For The Charter Office Of City Manager Between The City Of Sanford, Florida And Norton N. Bonaparte, Jr." (hereinafter the "Employment Agreement ") entered by the parties on even date herewith. W/ TNESSETH: The parties agree that the following term and condition of employment is added to the Employment Agreement entered on this day as follows: (1). The MANAGER agrees that his temporary residency from the commencement of the term of employment (September 12, 2011) under the provisions of Section 16 of the Employment Agreement shall be within the City Limits of the City of Sanford. (2). No other term or condition set forth in the Employment Agreement is modified or amended. In Witness Whereof, the parties hereto have made and executed this Addendum to the Employment Agreement on the 8th day of August, 2011. Attest Witness # 1 Witn ss # 2 Norton N. Bo arte, Jr. Norton N. Bonaparte, Jr. Date: 6. i Attest. A an Dougherty, Cit Jerk Approved as to form and legal s iam L. Colbert cy. City Of Sanford By: Jeff Trip OATH OF CITY MANAGER CITY OF SANFORD, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE I, NORTON N. BONAPARTE, 7R., do solemnly swear (or affirm) that I will faithfully and impartially and to the best of my ability, perform the duties of the office of City Manager of the City of Sanford in accordance with the Constitution and laws of the State of Florida, the City Charter of the City of Sanford and all other applicable legal requirements, laws and ethical codes relating to the position the duties of which I am about to assume. NORTON N. 86NAPARfE, 7R. Subscribed and sworn to or affirmed before me this 12 day of September, 2011. r Q Deputy City Clerk