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1058-Robert Sherman Yehl1659- d N EMPLOYMENT AGREEMENT FOR CITY MANAGER THIS AGREEMENT is made and entered into this 26th day of January, 2009, by and between the City of Sanford, a municipal corporation of the State of Florida, hereinafter called "CITY ", and Robert (Sherman) Yehl, an individual who has the education, training and experience in local government management to serve in this capacity, hereinafter called "MANAGER ". WITNESSETH. WHEREAS, the CITY desires to employ the services of said MANAGER as the City Manager of the City of Sanford, as provided by Florida law and the City Charter of the City of Sanford ( "City Charter "); and WHEREAS, the MANAGER represents that he is capable of serving and desires to accept employment as City Manager of the City of Sanford; and WHEREAS, it is the desire of the City Commission of the City of Sanford to engage the MANAGER and provide certain benefits and establish certain conditions of employment to which the MANAGER 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 MANAGER as the City Manager of the City of Sanford to perform the functions and duties specified in the City Charter, the City Code of the City of Sanford, applicable Florida law and sound and generally accepted practices relating to public administration as well as to perform all other legally permissible and proper duties and functions as the City Commission of the City of Sanford may from time -to -time assign to the MANAGER. 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. 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 MANAGER at any time, subject only to the provisions set forth in Section 1 l (a) of this Agreement. (b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the MANAGER to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 11(b), 11(c) and 11(d) of this Agreement. (c) The MANAGER 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 MANAGER's time off and to the extent such does not conflict or interfere with MANAGER's duties hereunder and is in the best interests of the CITY. SECTION 4. COMPENSATION. The CITY agrees to pay the MANAGER for his services rendered pursuant to the terms and conditions of this Agreement, an annual salary of $142,000.00. The MANAGER's salary shall be reviewed annually by the City Commission during the succeeding month after each 12 month period that this Agreement is in effect. The CITY agrees to consider an increase in the MANAGER's salary and other benefits payable to the MANAGER in such amounts and to such extent as the CITY may determine desirable based on the City Commission's collective written evaluation of the MANAGER's performance during the evaluation period. SECTION 5. PERFORMANCE EVALUATION. (a) The CITY shall review and evaluate the performance of the MANAGER at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Commission and the MANAGER. Said criteria may be added to or deleted from as the City Commission may from time -to -time determine, in consultation with the MANAGER. Further, the Mayor shall provide the MANAGER with a written summary statement of the findings of the City Commission and provide an adequate opportunity for the MANAGER to discuss his evaluation with the City Commission in a manner consistent with State law as guided by the City Attorney. (b) Annually, the City Commission and the MANAGER shall define such goals and performance objectives which they determine necessary for the proper operation 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 Page 2 of 8 objectives. Said goals and objectives shall be reduced to writing in an appropriate forum. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. SECTION 6. AUTOMOBILE AND CELL PHONE. (a) The CITY shall pay the MANAGER the sum of five hundred fifty dollars ($550.00) per month as an automobile allowance to reimburse the MANAGER for his automobile expenses. This reimbursement amount shall be adjusted every twelve (12) month period in an amount equal to the consumer price index relied upon by the CITY. The MANAGER shall be responsible for paying all premiums due for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. The MANAGER shall provide the CITY with a certificate showing insurance coverage of at least $100,000/$300,000 /$100,000 with the CITY being named as an additional co- insured. (b) The CITY shall provide a cellular phone for the MANAGER to use for CITY business which shall be and remain CITY property in the event that the MANAGER vacates the position of City Manager of the City of Sanford for any reason. Any and all charges for non -CITY business cellular phone calls, if any, will be the responsibility of the MANAGER. Alternatively, the City may reimburse MANAGER for use of a personal cellular telephone not to exceed $50.00 per month. SECTION 7. INSURANCE COVERAGE. (a) The CITY shall provide to the MANAGER 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 MANAGER's premium on a life insurance policy written in an amount equal to the MANAGER's annual salary. SECTION 8. LEAVES AND HOLIDAYS. (a) Annually MANAGER shall be credited with paid time -off leave equal to the highest annual accrual provided to all other employees and shall accrue such leave on the annual basis at the highest rate provided to any other employee. (b) In the event MANAGER's employment is terminated, the MANAGER shall be compensated for all accrued paid time off and other benefits to date. (c) The MANAGER shall be entitled to all other leave under the same terms and conditions as all other exempt CITY employees. (d) It is recognized that the MANAGER'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 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 Page 3 of 8 City Government in accordance with the provisions of the City Charter, State law and sound and generally accepted public management and local government administration practices and principles. (e) The MANAGER shall ensure that the City Commission is promptly apprised on each and every 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. City Commission shall be advised of the person so appointed. SECTION 9. REQUIREMENT TO RESIDE IN THE CITY. (a) The MANAGER shall reside within the City Limits of the City of Sanford. SECTION 10. INDEMNIFICATION AND BONDING. (a) The CITY shall defend, save harmless and indemnify the MANAGER 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 MANAGER's duties as City Manager of the City of Sanford. However, this covenant 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. (b) 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. SECTION 11. TERMINATION AND SEVERANCE PAY. (a) Any termination of the MANAGER shall be accomplished in accordance with the provisions of the City Charter. In the event that the MANAGER is terminated by the CITY for any reason other than termination based upon a finding of violation of Chapter 112, Part 3, Florida Statutes or any felony conviction; while the MANAGER is willing and able to perform the duties of City Manager of the City of Sanford, then and in that event the CITY agrees to pay the MANAGER a lump sum severance pay equal to six (6) months of the MANAGER's then current salary (including contributions to MANAGERS deferred compensation and retirement accounts) together with accrued paid time off; provided, however, that in the event that the MANAGER is terminated based upon a finding of violation of Chapter 112, Part 3, Florida Statutes or any felony conviction;, the CITY shall have no obligation to make severance payment provided for in this Section. (b) Page 4 of 8 (c) For a period of up to six months following termination (or until such time the MANAGER is employed with a similar benefit), the CITY shall pay the CITY portion of health care coverage for the MANAGER. (b) In the event the CITY, at any time during the employment, reduces the financial benefits of the MANAGER 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 MANAGER may be deemed to be "terminated without cause" within the meaning of Section 11(a) at the date of such reduction or such refusal to comply with the provision of this Agreement. (c) In the event the CITY, at any time during the employment of the MANAGER, refuses, following written notice, to comply with any of the terms of this Agreement benefiting the MANAGER, or the MANAGER resigns following a corporate suggestion by the City Commission of the City of Sanford that he resign, then in that event, the MANAGER may, at his or her option, consider himself "terminated without cause" within the meaning of Section I I (a) on the date of such action by the City Commission of the City of Sanford and the severance provision shall become applicable. (d) In the event the MANAGER voluntarily resigns his position with the CITY, then the MANAGER shall give the CITY no less than thirty (30) days written notice in advance, unless the parties otherwise agree. SECTION 12. RETIREMENT. (a) The CITY agrees to execute all necessary agreements provided by the International City Management Association - Retirement Corporation (ICMA -RC) for the MANAGER's participation in said ICMA -RC retirement plan and, in addition to the base salary paid by the CITY to the MANAGER, the CITY agrees to pay an amount equal to ten percent (10 %) of MANAGER's base salary into the ICMA -RC on MANAGER's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding employers upon MANAGER's resignation or discharge. It is the intention of the parties that the entire ten percent (10 %) be paid into the ICMA -RC retirement plan. In the event the entire ten percent (10 %) amount is not eligible for deposit into said account, the difference shall be deposited as the MANAGER may direct from time to time. The MANAGER may direct the benefit set forth in this Section to any other retirement program of the MANAGER's choice provided that such diversion does not result in any additional costs to the CITY. (b). The CITY agrees to enroll the MANAGER in the Florida Retirement System and to make all contributions on the MANAGER's behalf. Page 5 of 8 SECTION 13. PROFESSIONAL ASSOCIATIONS AND DEVELOPMENT. (a) The CITY agrees to pay for the reasonable professional dues and subscriptions of MANAGER as may be necessary for his continuation and participation in the International City /County Management Association and the Florida City and County Management Association. (b) The CITY hereby agrees to pay the reasonable travel and subsistence expenses of MANAGER for professional and official travel, meetings and occasions adequate to reasonably continue the professional development of the MANAGER and to adequately pursue necessary official and other functions for the CITY including, but not limited to, the International City /County Management Association, the Florida City, County Management Association annual meetings, and meeting of the Florida League of Cities. (c) The CITY hereby agrees to consider in each year's budget and to pay for the reasonable travel and subsistence expenses of the MANAGER for short courses, institutes and seminars that are necessary for his professional development and for the good of the CITY as such sums may be budgeted. (e) The CITY recognizes that from time -to -time, certain expenses of a non- personal and generally job affiliated nature may be incurred by the MANAGER in his capacity as City Manager of the City of Sanford, which amounts shall be reasonably reimbursed or paid to the MANAGER in amounts in not to exceed appropriations for the same and in accordance with CITY policies. SECTION 14. 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 MANAGER; provided, however, that such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the City Charter, CITY policies and procedures, State law or any other applicable law. (b) The MANAGER agrees to annually submit to a complete physical examination by a qualified physician selected by 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 drug, alcohol and psychological testing. SECTION 15. GENERAL PROVISIONS. (a) The language of the City Charter relating to the position and functions of the City Manager 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 Page 6 of 8 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 MANAGER 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. (i) 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. 0) 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. (1) 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. Page 7 of 8 Ira aI — CN (m) Notice pursuant to the Agreement shall be given by personally serving in the same manner as is applicable to civil judicial practice or by overnight delivery to U- MANAGER'S address on file with the CITY's Department of Human Resources and to cr) the CITY at 300 N. Park Avenue, Sanford, Florida 32771. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by affixing their signature thereto on the dates indicated. ATTEST: �r ANET DOUGHERT , City Cl rk CITY OF SANFORD LINDA K HN, Mayor Approved as to form and Legal sufficiency: William L. Colbert, Esquire r r� Witness C tness EMPLOYEE l ak� ROBERT (S RMAN) YEHL Page 8 of 8