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-
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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