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1908 POLICE CHIEF CECIL SMITH CONTRACTOF SANFORD/CITY POLICE CHIEF EMPLOYMENT AGREEMENT" (hereinafter referred to as the "Agreement") which was made and entered into the 14th day of February, 2013, by and between the City of Sanford, a municipal corporation of the State of Florida, hereinafter called "CITY", whose address is City Hall, 300 North Park Avenue, Sanford, Florida 32771, acting through the City Manager of the City, in accordance with the City Charter of the CITY, and Cecil E. Smith, whose address is an exempt personal address, but whose business address is 815 Historic Goldsboro Boulevard, Sanford, Florida 32771, hereinafter called "Mr. Smith". WITNESSETH: WHEREAS, the Agreement may only be amended by formal written amendment to the Agreement; and WHEREAS, the parties are desirous of amending the Agreement as set forth herein. 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. MODIFICATIONS TO AGREEMENT. Notwithstanding any of the content of the provisions of the Agreement, the CITY and Mr. Smith hereby agree to the following modifications to the provisions of the Agreement: (a). This Amendment is entered in recognition of the fact that, as of April 1, 2018, Mr. Smith will have completed five (5) years of service as the CITY's Police Chief and the fact that the CITY desires to maintain Mr. Smith's continued service as the CITY's Police Chief as well as the desire of Mr. Smith to continue to serve as the CITY's Police Chief. (b). The term of the Agreement is extended for an additional five (5) years from the first day of the first month after the date of the full execution of this Amendment; provided, however, that the provisions of Section 10 of the Agreement entitled "TERMINATION AND SEVERANCE Pay" shall remain fully applicable. (c). Mr. Smith agrees to remain employed with the City of Sanford as the Police Chief for the 5 year duration of this contract. All other sections of the present contract remain in effect. (d). Notwithstanding the date of this Amendment, effective January 1, 2018, Mr. Smith's salary shall be $130,000.00 per annum with future salary adjustments being made pursuant to yearly cost -of -living adjustments and/or merit -based increases in conjunction with all those awarded to other management personnel of the CITY. (e). Notwithstanding the date of this Amendment, effective January 1, 2018, the CITY shall increase payment to Mr. Smith's pension account to $24,000.00 per annum. (f). Notwithstanding the date of this Amendment, effective April 1, 2018 Mr. Smith will be entitled to the convert to cash up to forty (40) hours of unused PTO at the Police Chief Employment Agreement Amendment Page 2 of 3 end of the CITY's fiscal year as an employee with (10) year of service with the CITY as set forth in the CITY's Administrative Policy 5.13. SECTION 3. EFFECT OF AMENDMENT. This Amendment shall take effect upon full execution hereof by the CITY and Mr. Smith. All other terms and conditions of the Agreement shall remain in effect and binding and the Agreement and this Amendment shall be read in harmony and in pari materia. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by affixing their signatures thereto on the dates indicated. A TTES T. CyntNa Porter, City Clerk Approved as to form and legal sufficiency. nt Cjity 4Aorney F AJ - 67N ID -07 First Witness Sig u nn I Printed NE Second Witness Signature Printed Name: r t TONIAWWWW 1.1 WCOMMISSIONW9M EXPIRES: May 14,2020 8=WTIVUNDtUy):4ftI*&VftM CITY OF SANFORD Norton N. C =fpardte, Jr., anI IVI �C City Manage, i ford POLICE?CH&lg-F Cecil E. Smith Police Chief, City of Sanford Police Chief Employment Agreement Amendment Page 3 of 3