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1554 Smith, Cecil Employment Agmt.155 xin%i OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return original ❑ Return copy S Instructions: , l "W CecI ❑ Mayor's signature ❑ Recording ❑ endering Safe keeping (Vault) Record Custodian �13 �7; ���f� ��14ke4le* ��v Please advise if you have any questions regarding the above. Tha ou! From Date T:\Dept_ forms \City Clerk Transmittal Memo - 2009.doc CITY OF SANFORD /CITY POLICE CHIEF EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 14 day of February, 2013, 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 Charter of the CITY, and Cecil E. Smith, whose address is Elgin, Illinois 60123, hereinafter called "Mr. Smith ". WITNESSETH: WHEREAS, the CITY desires to employ the services of Mr. Smith as the 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, Mr. Smith represents that he is capable of serving and desires to accept employment as 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 Mr. Smith and provide certain benefits and establish certain conditions of employment to which Mr. Smith 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 Mr. Smith as the 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. Mr. Smith shall commence full time employment on April 1, 2013. Mr. Smith agrees to fully and faithfully execute the duties and responsibilities of the office of 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 Mr. Smith to maintain certification as a certified Florida law enforcement officer, as provided in Section 5 of the agreement. 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 Mr. Smith at any time, subject only to the provisions set forth in Section 10(A) of this Agreement. (B) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Mr. Smith to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 10(B), 10(C) and 10(D) of this Agreement. (C) Mr. Smith 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 Mr. Smith's time off, as authorized by the City Manager of the City of Sanford, and to the extent such does not conflict or interfere with Mr. Smith's duties hereunder and is in the best interests of the CITY. SECTION 4. COMPENSATION. The CITY agrees to pay Mr. Smith for his services rendered pursuant to the terms and conditions of this Agreement, an annual salary of $114,757 payable in equal bi- weekly payments or portions thereof in accordance with the CITY's payroll system. Mr. Smith'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 March 31, 2014 and then occurring for the periods ending March 31 of each succeeding year. If merit increases for all non -union employees have been adopted by the City Commission, the CITY agrees to consider an increase in Mr. Smith's salary and other benefits payable to Mr. Smith in such amounts and to such extent as the CITY may determine desirable based on the City Manager's written evaluation of Mr. Smith's performance during the evaluation period. SECTION 5. FLORIDA LAW ENFORCEMENT. Mr. Smith agrees that he will take and pass the State Officers Certification Examination (SOCE) for an Out of State Sworn Florida officer to be certified in the State of Florida within the first nine (9) months of his employment as Police Chief of the City of Sanford. In the event Mr. Smith does not take and pass the SOCE within the first nine (9) months of employment with the City that event shall be deemed to constitute grounds for dismissal with cause as provided for in this employment agreement. Mr. Smith understands that until such time as he is certified in the State of Florida he will not Police Chief Employment Agreement Page 2 of 9 be able to wear a police uniform nor carry a firearm or have any enforcement or arrest powers. SECTION 6. AUTOMOBILE, PAGER AND CELLULAR PHONE. (A) The CITY shall provide Mr. Smith 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 Mr. Smith to use the motor vehicle as Police Chief of the City of Sanford and as part of his demonstrating community policing activities. Mr. Smith is encouraged to maximize his presence within the City of Sanford community (which shall not be deemed to confine the activities of Mr. Smith 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. Mr. Smith'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 Mr. Smith 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 Mr. Smith to use for CITY business which shall be and remain CITY property in the event that Mr. Smith vacates the position of Police Chief of the City of Sanford for any reason. As a result of the twenty -four (24) hours a day responsibilities placed upon, and inherent in, the position of Police Chief, Mr. Smith 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 7. INSURANCE COVERAGE. (A) The CITY shall provide to Mr. Smith 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 Mr. Smith's premium on a life insurance policy written in an amount equal to Mr. Smith's annual salary. The benefactor of the insurance shall be determined by Mr. Smith. SECTION 8. PAID TIME OFF AND HOLIDAYS. (A) Upon commencement of services to the CITY as Police Chief, Mr. Smith ,III be credited with one hundred twenty (120) hours of paid time off (PTO). Effective Police Chief Employment Agreement Page 3 of 9 October '1, 2013 Mr. Smith 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 as per City Administrative Policy 5.13, Leave /Paid Time Off. (B) Upon commencement of services to the CITY as Police Chief, Mr. Smith shall be credited with and shall be entitled to use of a prorated share of forty (40) hours of administrative leave (AL), then thereafter on October 1 of each year will be credited with forty (40) hours of AL; all AL must be used by the following September 30; any unused will be forfeited as per Administrative policy 5.13, Leave /Paid Time Off. (C) Mr. Smith shall be entitled to bereavement leave under the terms and conditions set forth in CITY policy. (D) It is recognized that Mr. Smith'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 Mr. Smith 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) Mr. Smith shall be entitled to paid holidays in accordance with CITY policy. (F) Mr. Smith 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 Chiefs 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 9. INDEMNIFICATION AND BONDING. (A) The CITY shall defend, save harmless and indemnify Mr. Smith 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 Mr. Smith's duties as Police Chief of the City of Sanford. However, this covenant shall not apply to acts outside the scope of Mr. Smith'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 Mr. Smith's employment and pay the amount of any settlement or judgment rendered thereon. Police Chief Employment Agreement Page 4 of 9 (B) To the maximum extent permitted by law, the CITY and Mr. Smith shall rely upon the doctrine of sovereign immunity and the provisions of Section 768.28, Florida Statutes, and other applicable law. SECTION 10. TERMINATION AND SEVERANCE PAY. (A) Any termination of Mr. Smith shall be accomplished in accordance with the provisions of the City Charter or other controlling law or practice. In the event that Mr. Smith 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 Mr. Smith is willing and able to perform the duties of Police Chief of the City of Sanford, then and in that event the CITY agrees to pay Mr. Smith lump sum severance pay equal to twenty (20) weeks (as set forth as the statutory maximum in Section 215.425 (4)(a), Florida Statutes. However, in the event that Mr. Smith 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 Mr. Smith 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. (B) In the event that the CITY, at any time during the employment, reduces the financial benefits of Mr. Smith 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, Mr. Smith may be deemed to be "terminated without cause" within the meaning of Section 10(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. (C) In the event that the CITY, at any time during the employment of Mr. Smith, refuses, following written notice, to comply with any of the terms of this Agreement benefitting Mr. Smith, or Mr. Smith resigns following a suggestion by the City Manager of the City of Sanford that he resign, then in that event, Mr. Smith may, at his option, consider himself "terminated without cause" within the meaning of Section 10 (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 Mr. Smith voluntarily resigns his position with the CITY, then Mr. Smith shall give the CITY no less than thirty (30) days written notice in advance, unless the parties otherwise agree. SECTION 11. RETIREMENT. Police Chief Employment Agreement Page 5 of 9 In addition to his compensation set forth in Section 4, Mr. Smith is eligible to participate in the CITY's retirement system available to CITY police officers. If authorized by controlling law, Mr. Smith may direct the amount of the retirement benefit that the CITY would normally contribute for Mr. Smith to the retirement system available to CITY police officers to any other retirement plan or program of Mr. Smith's choice, provided that such diversion does not result in any additional costs to the CITY. SECTION 12. 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 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 Mr. Smith for professional and official travel, meetings and occasions adequate to reasonably continue the professional development of Mr. Smith 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 Mr. Smith'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 Mr. Smith in his capacity as Police Chief of the City of Sanford, which amounts shall be reasonably reimbursed or paid to Mr. Smith in amounts 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 13. 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 Mr. Smith; 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) Mr. Smith 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 Police Chief Employment Agreement Page 6 of 9 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 Mr. Smith 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 Mr. Smith remains qualified to accomplish his duties. SECTION 14. MOVING AND RELOCATION EXPENSES. (A) Mr. Smith agrees to establish residence in a property having a Sanford mailing address within six (6) months of employment, and thereafter to continually maintain residence in a property having a Sanford mailing address. It is expected that any temporary housing Mr. Smith utilizes until establishing residency will have a Sanford mailing address. Mr. Smith may request the City Manager to grant an additional period within which to establish residency in a property having a Sanford mailing address which period shall not exceed an additional six (6) months. (B) The CITY shall pay directly or reimburse Mr. Smith for the expenses of moving him and his immediate family (spouse and legal dependents) and personal property from Elgin, Illinois to Sanford, Florida. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. (C) The CITY shall reimburse Mr. Smith one time for actual lodging and meal expenses for his family, as described above, in route from Elgin, Illinois 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 Mr. Smith one time for documented expenses for moving and storage of Mr. Smith's personal belongings associated with establishing a residence in a property having a Sanford mailing address, 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 Mr. Smith an interim housing supplement of $1,200 monthly for up to nine (9) months or until he has established residency in a property having a Sanford mailing address. (E) The CITY shall reimburse Mr. Smith for a total of no more than three (3) round trip air fares for Mr. Smith 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. Mr. Smith shall be reimbursed for actual lodging within the City of Sanford and meal expenses incurred by Mr. Smith within the City of Sanford and 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. Police Chief Employment Agreement Page 7 of 9 SECTION 15. GENERAL PROVISIONS. (A) The language of the City Charter and the City Code relating to the position and functions of the 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 Mr. Smith 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 arm's 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 anyone (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. (J) The parties shall comply with applicable State and local laws, regulations Police Chief Employment Agreement Page 8of9 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 T: CITY OF Lel Approved as to form and legal sufficiency. !� nie N. Groot, Esquir ,ssistant City Attorney _3 Second Witness Norton N. Jr., City Manager POLICE CHIEF 'Ss Cecil E. Smith Police Chief Employment Agreement Page 9 of 9