716-VanDerworp-CM Employment rtoN-Nl(o
CITY MANAGER
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into thibfl. 6ah~Lclay of june, 1998, by and
between CITY OF SANFORD, a municipal corporation of the State of Florida, hereinafter
called" CITY" and ANTHONY VANDERWORP hereinaRer called "MANAGER".
WITNESSETH
WHEREAS, the CITY desires to employ the services of said MANAGER as the City
Manager of the City of Sanford, Florida, as provided by Florida law and, and the City of
Sanford Charter; and
WHEREAS, the MANAGER desires to accept employment as City Manager of the
City of Sanford; and
WHEREAS, it is the desire of the CITY' S Mayor and City Commission to engage
the MANAGER and provide certain benefits and establish certain conditions of employment.
NOW, THEREFORE, in consideration of the premises and other mutual promises and
covenants herein contained and other good and valuable considerations the receipt and
sufficiency of which is being acknowledged, the parties agree as follows:
SECTION 1. 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' S Charter, the approved job description, Florida law and to perform other legally
permissible and proper duties and functions as the CITY"S Mayor and City Commission shall
from time to time assign.
SECTION 2. TERMS.
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 7(A) of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of MANAGER to resign at any time from his position with CITY, subject only to the
provisions set forth in Section 7(B), 7(C), 7(D) and 7(E) 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
the 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.
SECTION 3. COMPENSATION. The CITY agrees to pay MANAGER for his
services rendered pursuant hereto an annual salary of Ninety Eight Thousand Dollars
($98,000.00). The MANAGER' s salary shall be reviewed annually in July of each year. The
CITY agrees to consider an increase in the MANAGER's salary and other benefits of
MANAGER in such mounts and to such extent as the CITY may determine desirable based
on the MANAGER' S performance.
SECTION 4. AUTOMOBILE, PAGER AND CELLULAR PHONE.
A. In lieu of a CITY-owned vehicle, the MANAGER shall maintain his own
personal vehicle for his duties as City Manager. The CITY shall pay the MANAGER the sum
of Four Hundred Fifty Dollars ($450.00) per month as an automobile allowance to reimburse
the MANAGER for his automobile expenses. This reimbursement amount shall be increased
every twelve month period in an amount equal to the consumer price index. The MANAGER
shall maintain liability insurance as required by law for motor vehicles. The MANAGER shall
be responsible for paying 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 OF SANFORD with a certificate showing insurance
coverage of at least $50,000/$100,000/$10,000 with the CITY being named as a co-insured.
B. The CITY shall provide funds necessary to purchase and maintain a cellular
phone and pager for the MANAGER to be used for CITY business and to be considered
CITY property in the event that the MANAGER vacates the position of City Manager for any
reason. Any non-CITY business cellular phone calls will be the responsibility of the
MANAGER.
SECTION 5. REQUIREMENT TO RESIDE IN CITY AND MOVING
EXPENSES.
A. In recognition that the MANAGER, under the provisions of the current City
Charter, must reside within City limits and that the MANAGER must have sufficient time to
purchase or lease a residence within City limits, the CITY hereby agrees to provide a period
of time not to exceed eighteen (18) months for the MANAGER to comply with residency
requirements. This period may be extended by the CITY for unforeseen circumstances beyond
the control of the MANAGER.
B. The CITY shall reimburse the MANAGER for documented expenses for
moving and storage of the MANAGER' s personal belongings associated with establishing
a residence within City limits, which reimbursement shall not exceed Three Thousand Dollars
($3,000.00).
2
SECTION 6. INDEMNH~ICATION 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. However, this
covenant shall not apply to acts outside the scope ofMANAGER's employment or for claims
for punitive damages. The CITY will 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. The CITY shall bear the full cost of any fidelity or other bonds required of the
MANAGER under the City Charter or any ordinance or statute.
SECTION 7. TERMINATION AND SEVERANCE PAY.
A. In the event that the MANAGER is terminated for any reason other than
termination based upon a finding of violation of Chapter 112, Part 3, Florida Statutes while
the MANAGER is willing and able to perform the duties of City Manager, then and in that
event the CITY agrees to continue to pay to the MANAGER his salary and to continue
MANAGER's benefits hereunder for a period of six (6) months after which the MANAGER
shall receive a lump sum cash payment for his accrued personal leave and benefits, provided,
however, that in the event that the MANAGER is terminated based upon a finding of
violation of Chapter 112, Part 3, Florida Statutes, then, and in that event, the CITY shall have
no obligation to make severance payment designated in this Section. The MANAGER agrees
to be available for consultation during the period in which the MANAGER's salary and
benefits are continued as set forth above.
B, In the event the MANAGER is beset by any non-work related chronic,
debilitating illness or injury that prevents the MANAGER from undertaking or performing
his responsibilities, and such disability will prevent the MANAGER from resuming duties for
a period of not less than six (6) months, then, in that event, MANAGER may resign his
position with payment of severance pay equal to six (6) months salary and accrued leave time
at the time of such resignation.
C. In the event that the CITY, at any time during the employment, reduces the
financial benefits of MANAGER in a greater percentage than an 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 benefitting the MANAGER herein, then and in that
event, the MANAGER may at his option, be deemed to be "terminated without cause" within
3
the meaning of Section 7(A) at the date of such reduction or such refusal to comply and the
severance provision shall become applicable.
D. 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
benefitling the MANAGER, or the MANAGER resigns following a suggestion, whether
formal or informal, by the CITY' s Mayor or Commission that he resign, then in that event,
the MANAGER may, at his option, consider himself"terminated without cause" within the
meaning of Section 7(A) on the date of such action by the CITY and the severance provision
shall become applicable.
E. In the event that the MANAGER voluntarily resigns his position with the
CITY, then the MANAGER shall give the CITY no less than 30 days written notice in
advance, unless the parties otherwise agree.
SECTION 8. RETIREMENT. The CITY agrees to execute all necessary
agreements provided by the International City Management Association-Retirement
Corporation (ICMA~RC) for the MANAGER' s paffmipation in said ICMA-RC retirement
plan, and in addition to the base salary paid by the CITY to 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 enfxre 10% be paid into the ICMA-RC retirement plan. In the
event the entire 10% amount is not eligible for deposit into said account, the difference shall
be deposited as the MANAGER may direct from time to time.
SECTION 9. PROFESSIONAL ASSOCIATION AND DEVELOPMENT.
A. The CITY agrees to budget and to pay for the reasonable professional dues
and subscriptions of MANAGER necessary for his continuation and participation in the
International City Manager's Association, and the Florida City and County Manager's
Association.
B. The CITY hereby agrees to budget for and to pay the travel and subsistence
expenses of MANAGER for professional and official travel, meetings and occasions adequate
to confmue the professional development of MANAGER and to adequately pursue necessary
official and other functions for the City, including but not limited to the Florida City and
County Manager' s Association.
C. The CITY also agrees to budget and to pay for the travel and subsistence
expenses of MANAGER for short courses, institutes and seminars that are necessary for his
professional development and for the good of the City as budgeted.
4
D. CITY recognizes that from time to time certain expenses of a non-personal
and generally job affiliated nature shall be incurred by the MANAGER in his capacity as City
Manager which mounts shall be reimbursed or paid to MANAGER in amounts not to exceed
appropriations for the same prior to said expenses being incurred.
E. The forego'mg shall be subject to MANAGER's recommendations for use and
prior approval by the City Commission, which approval shall not be unreasonably withheld.
SECTION 10. 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, CITY policies, State law or any other applicable law.
B. Unless otherwise provided specifically by this Agreement, all provisions of
law, policies and procedures of the CITY relating to leaves, holidays, other fringe benefits,
Personnel Policies and working conditions as they now exist or hereafter may be amended,
also shall apply to the MANAGER as they would to other employees of the CITY, except
that the MANAGER and MANAGER' s dependents shall be covered under the CITY' s health
insurance program beginning the first day of employment, the dependent coverage shall be
at the MANAGER's expense, and MANAGER shall be granted an additional five (5) days
of added vacation leave each year. The initial five (5) days of added vacation shall be posted
at the commencement of employment. In addition to vacation and leave absences,
compensatory time off will be granted to the MANAGER for extended periods, or
extraordinary hours, of work.
C. MANAGER agrees to submit upon the prior request of the City Commission
to a complete physical examination by a qualified physician selected by the City, the cost of
which shallbe paid by the City. The City shall receive a copy ofall medical reports related
to said examination.
SECTION 11. GENERAL PROVISIONS.
A. The language of Aaicle II of the City Charter and Chapter 2 of the City Code
is incorporated herein by reference as though it were originally set forth in this Agreement.
B. The text herein shall constitute the entire Agreement between parties.
C. This Agreement shall be binding upon and inure to the benefit of the heirs at
law and executors of the MANAGER.
D. 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.
E. MANAGER will commence full time employment on or before July 31, 1998.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by affixing their signature thereto on the dates indicated.
CITY OF SANFORD, FLOK1DA
ATTEST: '5~- ar~.~.M
Jn~etR. ~ougherty
y r ~ ,1998
city
As authorized for execution by the City of
ANTH R
c:XtilesNggxsanford\em contract:nab
6