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1284-City Mgr Contract/GeorgeI / CITY OF SANFORD CITY MANAGER RENEWAL EMPLOYMENT AGREEMENT This Agreement is made and entered into this — da of �, 2009, b and g Y Y between the City of Sanford, Florida, a municipal corporation ( "the City "), and Thomas J. George ( "the Employee "). W/ TNESSETH: Whereas, the City appointed the Employee as Interim City Manager on August 17, 2009; and Whereas, the Employee, at the time of appointment to the position of Interim City Manager, was serving the City as Director of the City's Public Works Department, under an employment agreement; and Whereas, the City desires to continue the services of the Employee in order that he will continue to serve as Interim City Manager of the City and manage the day -to -day operations of the City as set forth herein; and Whereas, it is the desire of the City to establish and continue certain conditions of employment and to set working conditions of the Employee; and Whereas, the parties hereto have agreed to various terms and conditions of employment as spelled out in greater detail below; and Whereas, the parties hereby engage one another in the relationship of employer and employee. Now, Therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. – Duties Of The Employee. (a). The City hereby employs the Employee as City Manager of the City to perform the functions and duties of City Manager specified in the City Charter, and the codes, ordinances, regulations and rules of the City, and to perform other legally permissible and proper duties and functions as the City Commission shall, from time -to- time, assign. (b). The Employee shall provide operational /administrative control and management consultant and guidance services to the City Commission relative to the functions and operations of the municipal government of the City. � �4v Page 1 of 6 (c). The Employee hereby agrees to perform the aforementioned functions and duties of the City Manager in accordance with the City Charter, and the codes, ordinances, regulations and rules of the City. (d). The Employee, although appointing an Acting Public Works Director, shall maintain the general responsibility and overview of the City's Public Works Department. Section 2. — Term /Current Employment Agreement. (a). The term of this Agreement shall be for an indeterminate period beginning, nunc pro tunc, from August 17, 2009, and may be terminated at any time by the City Commission at which time the Employee will return to his duties as Public Works Director under and pursuant to the employment agreement relating to that position which is attached hereto and incorporated herein by this reference thereto. (b). If the Employee is terminated simultaneously from the position of City Manager and Public Works Director, he shall be entitled to severance pay totaling twelve (12) months of salaries and benefits payable under this Agreement at the time of such dual termination. (c). In any event, should the Employee return to the position of Public Works Director, the attached employment agreement notwithstanding, he shall be entitled to twelve (12) months of salaries and benefits as severance under that employment agreement. (d). Severance shall not be paid in the event of termination for cause as defined in controlling law. Section 3. - Disability. If the Employee is unable to perform his duties for any reason including, but not limited to, sickness, accident, injury, mental incapacity or health, the City shall have the option to terminate this Agreement, without the payment of severance, provided that such termination is in full compliance with applicable State and Federal laws. Section 4. - Death During Employment. If the Employee dies during the term of this employment, the City shall pay to the estate of the Employee the compensation which would otherwise be payable to the Employee up to the end of the month in which his death occurs. Section 5. — Salary/Compensation. (a). The City shall pay to the Employee for services rendered pursuant hereto, a monthly salary of $2,500.00 per month, in addition to the sum that would have been due to the Employee as Public Works Director, which payment shall be paid in periodic Page 2 of 6 installments on the fifth (5 business day in the month succeeding the month of services. (b). The Employee shall be offered the opportunity, as may be permitted by law, to participate in any City deferred compensation programs. (c). Additionally, while not increasing the total compensation due to the Employee under the terms and conditions of this Agreement, the Employee may provide direction to the City Finance Director and Human Resources Director as to how to distribute the sums due to him consistent with any requirements of law. The City's matching retirement contribution shall continue in effect. The Employee may provide direction to the City Finance Director and Human Resources Director as to how to distribute retirement contributions made by him and due to him from the City consistent with any requirements of law. The City's Finance Director and Human Resources Director are authorized, by the execution of this Agreement by the City, to implement the direction of the Employee as set forth herein. Section 6. - Hours Of Work. The Employee will devote a minimum of forty (40) hours per week in the performance of the above services, but the Employee is an exempt employee in terms of the Federal Fair Labor Standards Act and is charged with the administration of the City's government. The Employee will be charged with maintaining his own schedule and, to that end, the Employee will take time off for holidays, weekends, and may determine to coordinate days of absence while ensuring that management of the City occurs and that the Employee may be contacted while not present in the City. Section 7. - Other Employment. The Employee shall perform his duties for the City on a full -time basis and shall not undertake any outside employment whatsoever without the consent of the City Council. Section 8. - Motor Vehicle /Allowances. The Employee's current entitlements under his existing employment agreement shall remain in effect. Section 9. - General Expenses. (a). The City recognizes that certain expenses of a non - personal and job - affiliated nature are incurred by Employee and hereby agrees subject to budget approval to reimburse or authorize payment of said general expenses, and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed or petty cash voucher, receipts, statement, or personal affidavits. Page 3of6 (b). The Employee shall be entitled to travel reimbursement in accordance with City policies. (c). The Employee shall be paid a cell phone allowance of $100.00 monthly and the Employee may use the phone procured with such allowance for both City - related and personal matters. However, the Employee shall have the option of purchasing the City -owned cell phone that is currently issued to him at the price paid by the City. Section 10. - Annual And Sick Leave. (a). The Employee shall accrue and have credited to his personal account, annual and sick leave at the accrual rate and at the same rate as an employee of the City with twenty (20) years of service or at the greatest rate of accrual provided for any employee of the City, whichever is greater. (b). The Employee shall maintain all leave earned prior to this Agreement between the City and the Employee being effective. (c). Upon cessation of employment under this Agreement, the Employee shall continue to accrue leave at the same rate of accrual if he returns to the position of Public Works Director Section 11. - Indemnification. In addition to that required under State or local law, the City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager, unless he acted in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety or property. The City shall not be liable in tort for the acts or omissions of the Employee committed while acting outside the course and scope of his agreed duties, or committed in bad faith, or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered hereon. Section 12. - Bonding. The City shall bear the full cost of any fidelity or other bonds that may be required of the Employee under any law or ordinance. Section 13. - No Reduction Of Benefits. The City shall not at any time during the term of this Agreement reduce the salary, compensation, or other financial benefits of the Employee, except to the degree of such a reduction across - the -board for all employees of the City. Page 4 of 6 Section 14. - Legal Representation. (a). The City agrees that it will, through the office of the City Attorney, provide the Employee with legal representation when the Employee is party to litigation based upon his position or employment with the City, and in addition, litigation based upon alleged acts or omissions arising out of or in the course and scope of employment. Attorney's fees and court costs shall be the expense of the City. (b). The City further agrees that such legal representation shall be provided where litigation has commenced during or after cessation of employment, and shall continue after cessation of employment, and shall so continue until such litigation has ended. (c). The City further agrees that, in the event of a conflict of interest within the offices of the City Attorney, or the refusal of same to so represent the Employee, pursuant to the provisions set forth in Subsection (a) and (b) above, the City shall provide counsel to represent him. The selection of said counsel shall be made at the sole discretion of the City. Attorney's fees and court costs shall be reimbursed by the City in accordance with the law. (d). The City will not be held responsible for any legal fees of the Employee as a result of litigation arising from his dismissal from employment by the City Commission. Section 15. - Other Terms And Conditions Of Employment. All provisions of the City Charter, and the codes, ordinances, regulations and rules of the City, relating to holidays and other fringe benefits, and working conditions as they now exist or hereafter may be amended, shall also apply to the Employee as they would to other managerial employees of the City, except as herein provided specifically for the benefit of the Employee. Section 16. - General Provisions. (a). The text herein shall constitute the entire Agreement between the parties. (b). This Agreement shall be binding upon and shall inure to the benefit of Employee's heirs, executor's, personal representatives and assigns with respect to any compensation or payments owed to the Employee under this Agreement. (c). In any litigation, including breach, enforcement, or interpretation, arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs and expenses. Venue for such litigation shall be in Seminole County, Florida. The parties agree to waive trial by jury. Page 5 of 6 (d). All amendments, extensions, alterations or additions to this Agreement shall be in writing, shall be approved by the City Commission and the Employee, shall be filed with the City Clerk and an executed or certified copy furnished to the Employee, and a copy shall be furnished to each member of the City Commission. (e). 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. In Witness Whereof, the City Commission of the City of Sanford, Florida, has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the date and year first above written. ATTEST.• CITY OF SANFORD L& �2/ Ql" c_ anet Dougherty, City erk Linda Kuh , Mayor �� -::� on Thom J. George Approved as to form and legal sufficiency. ,,\4Wam L. Colbert, EsNir4 Cit Attorney 70AIAJIF � V l ' 600 Page 6 of 6 II • Fw- rAft CITY OF SANFORD EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Sanford, through the City Manager, and Tom George, hereinafter referred to as the Employee, all of who understand as follows: WITNESSETH. WHEREAS, the City Manager desires to employ the services of Employee as a Department Director of the City of Sanford, Florida; and WHEREAS, it is the desire of the City Manager to provide the Employee with certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, it is the desire of the City Manager to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee, and (4) to provide a just means for terminating Employee's services; and WHEREAS, employee desires to provide professional services to the City and desires to pledge the Employee's loyalty and fidelity to the City of Sanford. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES. The City Manager hereby agrees to employ said Employee as Public Works Director to perform the functions and duties specified in the job description, City administrative procedures, and other applicable laws, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. SECTION 2. SALARY. The City Manager and the Employee agree that the Employee's current salary shall be at the annualized rate of $99,778.27. The City Manager shall review Employee's performance at least annually and consider increases. Unless otherwise specifically set forth in this Agreement, other employment conditions relating to all City Employees by means of written Personnel Policies shall remain unaffected by the terms of this Agreement. If the Personnel Policies are amended to provide a general benefit to all City 1.. "W 0 --+ employees, the Employee shall receive such benefit. On or about October 1, 2008, Employee shall receive a one -time payment of $10,000 (net). SECTION 3. AUTOMOBILE AND CELLULAR PHONE. (a) The Employee shall maintain his own personal vehicle for his duties as Public Works Director of the City. In the event the Employee elects to maintain his own personal vehicle, the City shall pay the Employee the sum of $400.00 per month as an automobile allowance to reimburse the Employee for his automobile expenses. The Employee 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 Employee 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 and maintain a cellular phone for Employee's use in performing his duties as Public Works Director. Any non -City business cellular phone charges will be the responsibility of the Employee. SECTION 4. TERMS. (a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee at any time, subject only to the provisions set forth in Section 5(a) and Section 5(b) of this Agreement. (b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from the Director position with the City, subject only to the provision set forth in Section 5(c) of this Agreement. SECTION 5. TERMINATION AND SEVERANCE PAY (a) In the event the Employee is terminated without cause by the City Manager while the Employee is willing and able to perform the duties of the Director position, the City agrees subject to the below conditions to pay the Employee a lump sum payment equal to 12 weeks salary at the rate of base salary on the date of said termination and, additionally, one week's salary for each completed year of continuous service in said Director position at the time of termination, up to a maximum of 12 years. Thus, Employee may accrue a maximum of 24 weeks of severance pay. If the Employee is terminated for cause, the City shall have no obligation to make the severance payment. (b) In the event the City Manager or City Commission reduces the financial benefits of the Employee in a greater percentage than the applicable across - the -board reduction for all City employees or, in the event the City Manager or City Commission refuses, following written notice, to comply with any other provision benefiting the Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Manager that he resign, then in that event Employee may, at his option, be Page 2 of 4 deemed to be "terminated" and, then, the Employee may resign and be deemed to be "terminated without cause" within the meaning of Section 5(a) of this Agreement. Such resignation shall be in writing and shall specifically designate the action that evidences the suggestion for resignation which matter shall be subject to determination by the City Manager as set forth in Section 6(e). (c) In the event the Employee voluntarily resigns the Director position with the City, then the Employee shall give the City Manager four weeks notice in advance, unless the parties otherwise agree. (d) For calculations concerning or related to years of continuous service, employee will be considered as being employed by the City as of the original hiring date of April 16, 2001. SECTION 6. GENERAL PROVISIONS. (a) This Agreement shall be a continuing employment contract. (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) By execution of this Agreement neither party shall waive any vested rights or remedies otherwise available to them. (d) The City Manager shall fix and establish any such other terms and conditions of employment as he may determine from time to time relating to the performance of the Employee providing such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the laws of the State of Florida, or any other applicable law. (e) The Employee acknowledges that, under the City Charter, the decision of the City Manager relative to whether a termination for cause is justified is subject to appeal only to the City Manager. Therefore, any appeal of such termination shall be exclusively and solely to the City Manager and the City Manager's decision on such an appeal shall be the final administrative action of the City. (f) Unless otherwise specifically set forth in this Agreement, all provisions of law, and policies and procedures of the City relating to leaves, retirement, holidays, other fringe benefits, programs and working conditions as they now exist or hereafter may be amended, shall apply to the Employee. SECTION 7. INDEMNIFICATION. The City shall defend, save harmless, and indemnify Employee against any tort, professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Page 3 of 4 Employee's duties while employed, whether made during the term of employment or afterwards, unless the Employee acted in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety or property. The City shall not be liable in tort for the acts or omissions of the Employee committed while acting outside the course and scope of his employment or agreed duties, or committed in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. The City may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered hereon. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by affixing their signatures thereto on the dates indicated. ATTEST: JANET DOUGHERTY, City Cl rk CITY OF SANFORD, FLORIDA -Ve, Robert Yehl, &Sy Manager EMPLOYEE: Tom George Page 4 of 4 1 1 � -� CITY OF SANFORD EMPLOYMENT AGREEMENT =� y � y � THIS AGREEMENT is made and entered into by and between the City of Sanford, through the City Manager, and Tom George, hereinafter referred to as the Employee, all of who understand as follows: L"*� 97TNESSETH. WHEREAS, the City Manager desires to employ the services of Employee as a Department Director of the City of Sanford, Florida; and WHEREAS, it is the desire of the City Manager to provide the Employee with certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, it is the desire of the City Manager to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against • malfeasance or dishonesty for personal gain on the part of the Employee, and (4) to provide a just means for terminating Employee's services; and WHEREAS, employee desires to provide professional services to the City and desires to pledge the Employee's loyalty and fidelity to the City of Sanford. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES. The City Manager hereby agrees to employ said Employee as Public Works Director to perform the functions and duties specified in the job description, City administrative procedures, and other applicable laws, and to perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. SECTION 2. SALARY. The City Manager and the Employee agree that the Employee's current salary shall be at the annualized rate of $99,778.27. The City Manager shall review Employee's performance at least annually and consider increases. Unless otherwise specifically set forth in this Agreement, other employment conditions relating to all City Employees by means of written Personnel Policies shall remain unaffected by the terms of this • Agreement. If the Personnel Policies are amended to provide a general benefit to all City � employees, the Employee shall receive such benefit. On or about October 1, 2008, Employee shall receive a one -time payment of $10,000 (net). SECTION 3. AUTOMOBILE AND CELLULAR PHONE. (a) The Employee shall maintain his own personal vehicle for his duties as Public Works Director of the City. In the event the Employee elects to maintain his own personal vehicle, the City shall pay the Employee the sum of $400.00 per month as an automobile allowance to reimburse the Employee for his automobile expenses. The Employee 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 Employee 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 and maintain a cellular phone for Employee's use in performing his duties as Public Works Director. Any non -City business cellular phone charges will be the responsibility of the Employee. SECTION 4. TERMS. (a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee at any time, subject only to the provisions set forth in Section 5(a) and Section 5(b) of this Agreement. (b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from the Director position with the City, subject only to the provision set forth in Section 5(c) of this Agreement. SECTION 5. TERMINATION AND SEVERANCE PAY (a) In the event the Employee is terminated without cause by the City Manager while the Employee is willing and able to perform the duties of the Director position, the City agrees subject to the below conditions to pay the Employee a lump sum payment equal to 12 weeks salary at the rate of base salary on the date of said termination and, additionally, one week's salary for each completed year of continuous service in said Director position at the time of termination, up to a maximum of 12 years. Thus, Employee may accrue a maximum of 24 weeks of severance pay. If the Employee is terminated for cause, the City shall have no obligation to make the severance payment. (b) In the event the City Manager or City Commission reduces the financial benefits of the Employee in a greater percentage than the applicable across - the -board reduction for all City employees or, in the event the City Manager or City Commission refuses, following written notice, to comply with any other provision benefiting the Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Manager that he resign, then in that event Employee may, at his option, be Page 2 of 4 a I • deemed to be "terminated" and, then, the Employee may resign and be deemed to be "terminated without cause" within the meaning of Section 5(a) of this Agreement. Such resignation shall be in writing and shall specifically designate the action that evidences the suggestion for resignation which matter shall be subject to determination by the City Manager as set forth in Section 6(e). (c) In the event the Employee voluntarily resigns the Director position with the City, then the Employee shall give the City Manager four weeks notice in advance, unless the parties otherwise agree. (d) For calculations concerning or related to years of continuous service, employee will be considered as being employed by the City as of the original hiring date of April 16, 2001. SECTION 6. GENERAL PROVISIONS. (a) This Agreement shall be a continuing employment contract. (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) By execution of this Agreement neither party shall waive any vested rights or remedies otherwise available to them. (d) The City Manager shall fix and establish any such other terms and conditions of employment as he may determine from time to time relating to the performance of the Employee providing such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the laws of the State of Florida, or any other applicable law. (e) The Employee acknowledges that, under the City Charter, the decision of the City Manager relative to whether a termination for cause is justified is subject to appeal only to the City Manager. Therefore, any appeal of such termination shall be exclusively and solely to the City Manager and the City Manager's decision on such an appeal shall be the final administrative action of the City. (f) Unless otherwise specifically set forth in this Agreement, all provisions of law, and policies and procedures of the City relating to leaves, retirement, holidays, other fringe benefits, programs and working conditions as they now exist or hereafter may be amended, shall apply to the Employee. SECTION 7. INDEMNIFICATION. The City shall defend, save harmless, and indemnify Employee against any tort, • professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Page 3 of 4 Employee's duties while employed, whether made during the term of employment or afterwards, unless the Employee acted in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety or property. The City shall not be liable in tort for the acts or omissions of the Employee committed while acting outside the course and scope of his employment or agreed duties, or committed in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. The City may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered hereon. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by affixing their signatures thereto on the dates indicated. ATTEST: JANET DOUGHERT , City Cl rk CITY OF SANFORD, FLORIDA Robert Yehl, &Sy Manager EMPLOYEE: C771 Tom George Page 4 of 4