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*789 Tony Ackerson (p,~ !-llI-OK EXTENDED EMPLOYMENT AGREEMENT '~ ~ 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 Page 1 of 5 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 Page 2 of 5 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: 9; f1i~. -ro vI.{ ;4-c rq2so ~ Printed Name L~~~ printedN"e-;~/IE 9/a,~~ TONY ACKERSON Tony Ackerson ATTEST: c~ _S~FORD Jf?yttSC/' Kristi Aday, Interim City Ja~~~~~~~~fltuy APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Isl William L. Colbert William L. Colbert, City Attorney Page 4 of 5 i:\Ing\cities\2005\agrslextended employment agr w ackerson Page 5 of 5 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 ~~. ' Licenses & Certificates American Red Cross .cPR for professional rescuer . . . Americari.Red Cross Water Safety Instructor Am~rican Red Cross Lifeguard Instructor