*789 Tony Ackerson
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EXTENDED EMPLOYMENT AGREEMENT
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THIS AGREEMENT, made and entered into this 20th day of December
,2007, by and between the City of Sanford, a Florida municipal corporation, hereinafter
referred to as "the City" and Tony Ackerson, hereinafter referred to as "Ackerson".
WITNESSETH THAT:
WHEREAS, the City is desirous of continuing to retain the services of a Pool
Supervisor for a definite length of time with duties, responsibilities and qualifications as
defined in "Exhibit A" attached; and
WHEREAS, Ackerson wishes to obtain employment with the City to perform the
duties and responsibilities of Pool Supervisor for a definite length of time by
employment agreement.
NOW, THEREFORE, in consideration of these premises and of good and
sufficient consideration, the parties do hereby covenant and agree to the following:
SECTION 1. This Agreement supercedes and revokes all prior agreements
between the parties.
SECTION 2. The City hereby agrees to continue to employ Ackerson and
Ackerson agrees to continue to be employed by the City as a Pool Supervisor, to
perform the duties and responsibilities as set forth in "Exhibit A", attached hereto, from
the date of execution of this Agreement (but no gap of employment shall be deemed to
have occurred) and to terminate at midnight on December 20, 2008, however, this
Agreement may be terminated earlier, as provided below.
SECTION 3. The parties agree that the duties of Ackerson may be modified
from time-to-time by the mutual consent of the City and Ackerson. Notwithstanding any
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change, the employment of Ackerson shall be construed as continuing under the terms
of this Agreement, as modified. Any changes to this Employment Agreement shall be
in writing and signed by both parties.
SECTION 4. In consideration for the services provided by Ackerson, the City will
continue to pay Ackerson wages every other week in the gross amount of One
Thousand, Nine Hundred and Ninety Four Dollars and Fifty-Four Cents ($1,994.77).
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. Ackerson will continue to be allowed to coach an age
group swim club which he has formed and which was approved by the City. During the
length of this Agreement, Ackerson will receive, in addition to his regular salary, eighty
percent (80%) of the revenue from the swim club and twenty percent (20%) will go to
the City.
SECTION 5. Ackerson shall not be entitled to receive, nor receive, employment
benefits available to regular City employees such as sick leave, medical and dental
insurance, life insurance, paid vacations, paid holidays, deferred compensation, or
profit sharing on account of his work for the City. The City shall deduct FICA and
Federal withholding taxes and provide FRS pension benefits.
SECTION 6. Ackerson agrees to devote his entire productive time, ability and
attention to the business of the City during the term of this Agreement. Ackerson shall
not directly or indirectly render any services of a business, commercial or professional
nature to any other person or organization, whether for compensation or otherwise,
without the prior written consent of the City. The swim club and swim team formed by
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agreement, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind either of the parties hereto.
SECTION 13. 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.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the
day and year first above written.
WITNESSES:
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Printed Name
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TONY ACKERSON
Tony Ackerson
ATTEST:
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Kristi Aday, Interim City
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: Isl William L. Colbert
William L. Colbert, City Attorney
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i:\Ing\cities\2005\agrslextended employment agr w ackerson
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POOL SUPERVISOR:
Kind of Work
TIlls is responsible supervisory work in directing the operations of a 50 meter
swimming pool as part of a City-wide recreation program.
Examples of Duties
Supervises the organization and operation of an aquatic facility with programs
and events for all age groups. Develops schedules and maintains records. Is
responsible for lifeguard training, supervision and scheduling. Establish and
enforce all policies and procedures. Develop and supervise all aquatic related
programs. Responsible for daily management offacility, requisitions equipment
and supplies for the maintenance of the facility, Coordinates necessary
maintenance, serves as liaison with community groups. Responsible for
maximizing revenues. PerfoID1S other duties as required.
Knowledge, Skills & Abilities
Knowledge oflocal, state and federal safety and health requirement's for aquatic
facilities.
Knowledge of life guarding, first aid and CPR.
Skilled in swimming and safety procedures.
Knowle~ge in operation/maintenance of swimming pools.
Good cotnmunications and administrative skills. Ability to keep records and
prepare reports.
Ability to schedule, assign, D;1Qnitor and review work.
Ability to train & instruct other personnel. " Ability to establisblmaintain effective
working relationship.
Minimum~9~cations
o-:=~--,-c- ,,-.,.-:--J'W:9-Y~ of college and_tw.Q_(Z}YeaJ:s_ofexperien~Jife guarding arid planning
aquatic programs. Experience should include some knowledge of pool
maintenance; Equivalent combinations of related ~g and experience can be
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Licenses & Certificates
American Red Cross .cPR for professional rescuer
. . .
Americari.Red Cross Water Safety Instructor
Am~rican Red Cross Lifeguard Instructor