1348-Tom George Pub Wks Dir Empl ContractCITY 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:
WITNVESSETH.
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
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. 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). 0
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
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• 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 parry 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
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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: CITY OF SANFORD, FLORIDA
JANET DOUGHERTY, City Cl &k
Robert Yehl, Qy Manager
EMPLOYEE:
Tom George
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