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1495 Police Chief Bill Lee• • CITY OF SANFORD /CITY POLICE CHIEF EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this /T " day of April, 2011, by and between the City of Sanford, a municipal corporation of the State of Florida, hereinafter called "CITY ", whose address is City Hall, 300 North Park Avenue; Sanford, Florida 32771, acting through the City Manager of the CITY in accordance with the City Charterof the CITY, and Billy R. Lee, Jr., whose address is Florida 32732, hereinafter called "POLICE CHIEF ". WITNESSETH: WHEREAS, the CITY desires to employ the services of the POLICE CHIEF as the City Police Chief of the City of Sanford, as provided by Florida law and the City Charter of the City of Sanford ( "City Charter"); and WHEREAS, the POLICE CHIEF represents that he is capable of serving and desires to accept employment as City Police Chief of the City of Sanford under the terms and conditions of this Agreement and after evaluating the City Charter, codes, ordinances of the City of Sanford, the operational requirements of City of Sanford City government, and such other matters as he has deemed appropriate to evaluated the position of Police Chief of the City of Sanford; and WHEREAS, it is the desire of the CITY to engage the POLICE CHIEF and provide certain benefits and establish certain conditions of employment to which the POLICE CHIEF has agreed. NOW, THEREFORE, in consideration of the premises and other mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and constitute a part of this Agreement upon which the parties have relied. SECTION 2. DUTIES. The CITY hereby agrees to employ the POLICE CHIEF as the City Police Chief of the City of Sanford and a State of Florida certified law enforcement officer to perform the functions and duties specified in the City Charter, the job description applicable to Chief of Police of the City of Sanford as may be amended from time -to -time, applicable Florida law and sound and generally accepted law enforcement and public safety practices and principles as well as to perform all other legally permissible and proper duties and functions in accordance with controlling Florida law. The POLICE CHIEF shall commence full time employment on May 8, 2011. The POLICE CHIEF agrees to fully and faithfully execute the duties and responsibilities of the Police Chief Employment Agreement Page 1 of Jb K y • • office of City Police Chief of the City of Sanford under any and all applicable law in accordance with controlling Florida law. It is, and shall always be, a condition of employment for the POLICE CHIEF to maintain certification as a certified Florida law enforcement officer. SECTION 3. GENERAL TERMS AND CONDITIONS OF EMPLOYMENT. (A). Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate the services of POLICE CHIEF at any time, subject only to the provisions set forth in Section 9(A) of this Agreement. (B). Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the POLICE CHIEF to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 9(B), 9(C) and 9(D) of this Agreement. (C). The POLICE CHIEF agrees to remain in the exclusive employ of the CITY and not be employed by any other employer unless otherwise mutually agreed by both parties. For purposes of this Subsection, however, employment shall not mean occasional teaching, presentations to professional organizations and professional consultation on the POLICE CHIEF's time off and to the extent such does not conflict or interfere with POLICE CHIEF's duties hereunder and is in the best interests of the CITY. In addition, "employment" shall not mean any work or compensation associated with the winding down of the POLICE CHIEF's former employment with Seminole State College ( "SSC ") and any related transition issues, including his assistance with SSC's recruiting and /or hiring his replacement at SSC. SECTION 4. COMPENSATION. The CITY agrees to pay the POLICE CHIEF for his services rendered pursuant to the terms and conditions of this Agreement, an annual salary of ONE HUNDRED TWO THOUSAND TWO HUNDRED NINETY -NINE AND 21 /100THS DOLLARS ($102,299.21) payable in equal bi- weekly payments or portions thereof in accordance with the CITY's payroll system. The POLICE CHIEF's salary shall be reviewed annually by the City Manager of the City of Sanford during each succeeding month after each twelve (12) month period that this Agreement is in effect with the first evaluation occurring for the time period ending April 30, 2012 and then occurring for the periods ending April 30 of each succeeding year. The CITY agrees to consider an increase in the POLICE CHIEF's salary and other benefits payable to the POLICE CHIEF in such amounts and to such extent as the CITY may determine desirable based on the City Manager's written evaluation of the POLICE CHIEF's performance during the evaluation period. Police Chief Employment Agreement Page 2 ofAD SECTION 5. AUTOMOBILE, PAGER AND CELLULAR PHONE. (A). The CITY shall provide the POLICE CHIEF with a full -size law enforcement tooled and arrayed automobile for his use which automobile shall be owned and maintained by the CITY as part of its fleet of motor vehicles and it shall be the obligation of the POLICE CHIEF to use the motor vehicle as City Police Chief of the City of Sanford and as part of his demonstrating community policing activities. The POLICE CHIEF is encouraged to maximize his presence within the City of Sanford community (which shall not be deemed to confine the activities of the POLICE CHIEF to within the jurisdictional limits of Seminole County) and to fully engage in community activities and events and to encourage those under his authority and control to do likewise. The POLICE CHIEF's use of the motor vehicle for taking his family to community events is encouraged and such use shall not be subject to audit or critique in the context of local usage for personal reasons all of which shall be considered incidental to the community policing activities which are his obligation and the twenty -four (24) hours a day on -call nature of his duties. During personal and family activities the POLICE CHIEF may use his own personal motor vehicle as he deems appropriate, but such motor vehicle shall not be used during the course of CITY law enforcement activities except in the event of exigent emergency circumstances. In recognition of the twenty -four (24) hours a day on -call nature of the duties of the position of Police Chief of the City of Sanford, there shall not be any take home charges imposed relative to the assigned motor vehicle. (B). The CITY shall provide a cellular phone for the POLICE CHIEF to use for CITY business which shall be and remain CITY property in the event that the POLICE CHIEF vacates the position of City Police Chief of the City of Sanford for any reason. As a result of the twenty -four (24) a day responsibilities placed upon, and inherent in, the position of POLICE CHIEF, the POLICE CHIEF's use of the cellular phone shall not be subject to audit or critique in the context of local usage for personal reasons all of which shall be considered incidental except for international calls which result in a cost to the CITY. SECTION 6. INSURANCE COVERAGE. (A). The CITY shall provide to the POLICE CHIEF the same coverage and benefit package and plan available to all other CITY employees in the CITY's Group Health Insurance Program. (B). The CITY shall pay the POLICE CHIEF's premium on a life insurance policy written in an amount equal to the POLICE CHIEF's annual salary. Police Chief Employment Agreement Page 3 of 4 G 0 • SECTION 7. PAID TIME OFF AND HOLIDAYS. (A). Upon commencement of services to the CITY as POLICE CHIEF, the POLICE CHIEF shall be credited with ninety -two (92) hours of paid time off (PTO). The POLICE CHIEF, shall, thereafter, accrue paid time off at a rate consistent with an employee of the CITY in the five (5) to nine (9) years of service classification until he has attained eligibility for a higher rate of PTO accrual at the end of nine (9) years of service. (B). Upon commencement of services to the CITY as POLICE CHIEF, the POLICE CHIEF shall be credited with and shall be entitled to use up to forty (40) hours of administrative leave each year of service with the first year of service concluding on September 30, 2011. (C). The POLICE CHIEF shall be entitled to bereavement leave under the terms and conditions set forth in CITY policy. (D). It is recognized that the POLICE CHIEF's work hours will vary from day -to -day and that his office hours will be at various times based upon the needs of the CITY. It is also recognized that the POLICE CHIEF 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 law enforcement functions of the government of the CITY in accordance with the provisions of the City Charter and sound and generally accepted public safety and law enforcement practices and principles. (E). The POLICE CHIEF shall be entitled to paid holidays in accordance with CITY policy. (F). The POLICE CHIEF shall ensure on each and every occasion during which he will not be available to accomplish his day -to -day activities as POLICE CHIEF due to PTO or other authorized absence, that the City Manager is promptly apprised of such absence (in advance if practicable) and that a CITY employee (of suitable position and stature) is appointed to act in the POLICE CHIEF's place and stead during such absence. The City Manager shall be advised of the person so appointed and may revoke such appointment and make appointment of a person as may be deemed advisable and in the best interests of the CITY. SECTION 8. INDEMNIFICATION AND BONDING. (A). The CITY shall defend, save harmless and indemnify the POLICE CHIEF against any tort, professional liability claim or demand or other legal claim or action, whether groundless or otherwise, arising out of an alleged act or omission occurring in or arising out of the good faith performance of the POLICE CHIEF's duties as City Police Chief of the City of Sanford. However, this covenant shall not apply to acts outside the Police Chief Employment Agreement Page 4 ofa Im's, scope of POLICE CHIEF'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 POLICE CHIEF's employment and pay the amount of any settlement or judgment rendered thereon. (B). To the maximum extent permitted bylaw, the CITY and the POLICE CHIEF shall rely upon the doctrine of sovereign immunity and the provisions of Section 768.28, Florida Statutes, and other applicable law. SECTION 9. TERMINATION AND SEVERANCE PAY. (A). Any termination of the POLICE CHIEF shall be accomplished in accordance with the provisions of the City Charter or other controlling law or practice. In the event that the POLICE CHIEF is terminated by the CITY for any reason other than termination based upon a finding of violation of Chapter 112, Part 3, Florida Statutes; 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; for any action that would constitute an abandonment of office including, but not limited to, loss of Florida law enforcement officers certification; or malfeasance or misfeasance in office; while the POLICE CHIEF is willing and able to perform the duties of City Police Chief of the City of Sanford, then and in that event the CITY agrees to pay the POLICE CHIEF lump sum severance pay equal to six (6) months of the POLICE CHIEF's then current salary together with accrued PTO under the same terms and conditions as any other City employee if the termination occurs within the first six (6) months of employment; lump sum severance pay equal to five (5) months of the POLICE CHIEF's then current salary together with accrued PTO under the same terms and conditions as any other City employee if the termination occurs within the first seven (7) months of employment; lump sum severance pay equal to four (4) months of the POLICE CHIEF's then current salary together with accrued PTO under the same terms and conditions as any other City employee if the termination occurs within the first eight (8) months of employment; and lump sum severance pay equal to three (3) months of the POLICE CHIEF's then current salary together with accrued PTO under the same terms and conditions as any other City employee if the termination occurs within the first nine (9) months of employment or thereafter. However, in the event that the POLICE CHIEF is terminated based upon a basis as set forth above, then, and in that event, the CITY shall have no obligation to make severance payment provided for in this Section. In the event the POLICE CHIEF voluntarily leaves the employment of the CITY within twelve (12) months of employment, then in that event initial PTO awarded under Section 7(A) and 7(B) shall not be paid and severance pay shall, likewise, not be paid. After the first twelve (12) months of employment, the POLICE CHIEF shall earn an additional week of severance entitlement for each year of service to the CITY. Police Chief Employment Agreement Page 5 of U (B). In the event that the CITY, at any time during the employment, reduces the financial benefits of the POLICE CHIEF in a greater percentage than any applicable across -the board reduction for all CITY employees, or in the event, that the CITY refuses, following written notice, to comply with any other provision of this Agreement, the POLICE CHIEF may be deemed to be "terminated without cause" within the meaning of Section 9(A) at the date of such reduction or such refusal to comply with the provision of this Agreement and the severance provisions of this Section shall become applicable. Should the CITY establish a policy encouraging the use of PTO and limiting the hours eligible for accrual, such action shall not be deemed to be a reduction in benefits. However, during the first twelve (12) months of employment, at a minimum, the POLICE CHIEF shall not be subject to any employment furlough and it is affirmatively recognized that the position of Chief of Police is a position of employment within City of Sanford government that is a critical command positions that requires, as a general rule, continuous command and supervision. (C). In the event that the CITY, at any time during the employment of the POLICE CHIEF, refuses, following written notice, to comply with any of the terms of this Agreement benefitting the POLICE CHIEF, or the POLICE CHIEF resigns following a suggestion by the City Manager of the City of Sanford that he resign, then in that event, the POLICE CHIEF may, at his option, consider himself "terminated without cause" within the meaning of Section 9(A) on the date of such action by the City Manager of the City of Sanford and the severance provision shall become applicable. (D). In the event that the POLICE CHIEF voluntarily resigns his position with the CITY, then the POLICE CHIEF shall give the CITY no less than thirty (30) days written notice in advance, unless the parties otherwise agree. SECTION 10. RETIREMENT. In addition to his compensation set forth in Section 4, the POLICE CHIEF is eligible to participate in the CITY's retirement system available to CITY police officers. If authorized by controlling law, the POLICE CHIEF may direct the amount of the retirement benefit that the CITY would normally contribute for the POLICE CHIEF to the retirement system available to CITY police officers to any other retirement plan or program of the POLICE CHIEF's choice provided that such diversion does not result in any additional costs to the CITY. SECTION 11. PROFESSIONAL ASSOCIATIONS AND DEVELOPMENT. (A). The CITY agrees to pay for the reasonable professional dues and subscriptions of POLICE CHIEF as may be necessary for his continuation and participation in public safety and law enforcement organizations as may enhance his statute and the stature of the CITY provided that such professional dues and Police Chief Employment Agreement Page 6 of subscriptions are consistent with the budget approved by the City Commission. Any additional professional dues and subscriptions are subject to approval by the City Manager of the City of Sanford. (B). The CITY hereby agrees to pay the reasonable travel and subsistence expenses of POLICE CHIEF for professional and official travel, meetings and occasions adequate to reasonably continue the professional development of the POLICE CHIEF and to adequately pursue necessary official and other functions for the CITY consistent with budgetary conditions and the approval of the City Manager of the City of Sanford and consistent with the general travel policies of the CITY.. In addition, the CITY shall pay for New Police Chief Orientation and /or Training offered by the State of Florida or a recognized law enforcement association one (1) time during the first twelve (12) months of the POLICE CHIEF's employment. (C). The CITY recognizes that from time -to -time certain expenses of a non - personal and generally job affiliated nature may be incurred by the POLICE CHIEF in his capacity as City Police Chief of the City of Sanford which amounts shall be reasonably reimbursed or paid to the POLICE CHIEF in amounts in not to exceed appropriations for the same prior to said expenses being incurred in accordance with CITY policies and consistent with budgetary conditions and the approval of the City Manager of the City of Sanford. SECTION 12. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. (A). The CITY shall fix any such other terms and conditions of employment, as it may determine from time -to -time, relating to the performance of the POLICE CHIEF; provided, however, that such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, CITY policies and procedures, State law or any other applicable law. (B). The POLICE CHIEF agrees to submit to a complete physical examination by a qualified physician selected by the CITY at any time upon the prior request of the CITY, the cost of which shall be paid by the CITY. The CITY shall receive a copy of all medical reports related to said examination. Said physical may include, but may not necessarily be limited to, drug, alcohol, behavioral and such other appropriate testing; provided„ however, that the POLICE CHIEF shall not be deemed to have waived his rights under the Federal Health Insurance Portability and Accountability Act ( "HIPPA ") law or any other applicable State or Federal law. Notwithstanding the foregoing, the CITY may accomplish fitness for duty evaluations to ensure that the POLICE CHIEF remains qualified to accomplish his duties. Police Chief Employment Agreement Page 7 ofP SECTION 13. GENERAL PROVISIONS. (A). The language of the City Charter and the City Code relating to the position and functions of the City Police Chief of the City of Sanford is incorporated herein by reference into this Agreement as though it were set forth in the text of this Agreement verbatim. (B). If any provision, or any portion thereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. (C). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement. (D). This Agreement and the terms and conditions hereof shall be binding upon and inure to the benefit of the CITY and the POLICE CHIEF and their respective successors in interest. (E). This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Florida law shall govern the interpretation and enforcement of this Agreement. Further, venue for any dispute resulting from this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (F). Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. (G). This Agreement is the result of bona fide arms length negotiations between the parties and both parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one (1) party than against any other party. (H). 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 pre - litigation negotiation, litigation at the trial level, or upon appeal. (1). The headings or captions of the sections and subsections contained in this Agreement are used for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. Police Chief Employment Agreement Page 8 of j0 N�f� G �t� (J). The parties shall comply with applicable State and local laws, regulations and ordinances. All laws relating to the open government, public meetings and public records shall be carefully complied with. (K). This Agreement may not be amended, changed, or modified, and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith and signed by all parties to this Agreement. (L). 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by affixing their signature thereto on the dates indicated. SIGNATURE PAGE FOLLOWS Police Chief Employment Agreement Page 9 ofAD 0 V 11121 ATTEST: jai iiet � — Bou gbwty, Ci Approved as to form and 11111M� M.1 . - -- .!I I�l � I � � S[", CITY OF SANFORD Tom G , Interim City M ger POLICE CHIEF Billy Lee Police Chief Employment Agreement Page 10 of 00 IM