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766-Tooley-Employment Agreement CITY OF SANFORD EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 27th day of. July , 1999, by and between the City of Sanford through its City Manager, hereinafter referred to as MANAGER and Brian Toolay, hereinafter referred to as EMPLOYEE. WITNESSETH: WHEREAS, the City desires to employ the services of the EMPLOYEE as Police Chief for the City of Sanford, Florida; and WHEREAS, the EMPLOYEE desires to accept employment as Police Chief for the City of Sanford, Flodda; and WHEREAS, it is the desire of the MANAGER to engage the EMPLOYEE and provide certain benefits and certain conditions of employment. NOW, THEREFORE, in consideration of the premises and other good and va!uable considerations the receipt and sufficiency of which is being acknowledged, the parties agree as follows: SECTION 1. DUTIES. A. The MANAGER hereby agrees to employ EMPLOYEE as the Police Chief for the City of Sanford, Florida to perform the functions and duties specified in the approved job description, City Administrative procedures and other applicable laws, and to perform such other legally permissible and proper duties and functions as the MANAGER shall from time to time assign. In case of conflict between any City administrative procedure or policy and this contract, this contract shall prevail. SECTION 2. TERMS. A. This Agreement shall be a continuing employment contract. B. EMPLOYEE will commence full time employment on or before AuGust 13, 1999. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the MANAGER to terminate the services of EMPLOYEE at any timel with or without cause, subject only to the provisions set forth in Section 6 of this Agreement. D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with the City, subject only to the provisions set forth in Section 6 of this Agreement. E. The EMPLOYEE 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 purposes of this subsection, however, employment shall not mean occasional teaching, presentations to professional organizations and professional consultation on the EMPLOYEE'S time off and to the extent such does not conflict or interfere with EMPLOYEE'S duties hereunder. SECTION 3. COMPENSATION. A. The MANAGER agrees to pay the EMPLOYEE for the services rendered pursuant hereto, an annual salary of Seventy Nine Thousand and Nine Hundred Dollars ($79,900). The MANAGER agrees to consider an annual increase in the EMPLOYEE'S salary and other benefits of the EMPLOYEE in such amounts and to such extent as the MANAGER may determine desirable based on the EMPLOYEE'S performance in accordance with the adopted pay and performance plan and personnel policies and regulations. SECTION 4. AUTOMOBILE, PAGER AND CELLULAR PHONE. A. The City shall provide and maintain a twenty-four hour vehicle for EMPLOYEE'S use in performing his duties, which vehicle shall be used in accordance with adopted vehicle use policies. B. The City shall provide and maintain a pager and cellular phone for EMPLOYEE'S use in performing his duties as Police Chief. Any non-City business cellular phone charges will be the responsibility of the EMPLOYEE. SECTION 5. REQUIREMENT TO RESIDE IN THE CITY AND MOVING EXPENSES. A. In recognition that the duties and responsibilities of the Police Chief can be best carried out when the Chief of Police resides within the City limits, and in recognition that EMPLOYEE must have sufficient time to establish permanent residence within City limits, the EMPLOYEE hereby agrees to establish permanent residence within the City limits within Eighteen (18) months of the execution of this Agreement. This period may be extended by the MANAGER for unforeseen circumstances beyond the control of the EMPLOYEE. B. The City shall reimburse the EMPLOYEE for documented expenses for moving and storage of the EMPLOYEE'S personal belongings associated with establishing a residence within City limits, which reimbursement shall not exceed Three Thousand Dollars ($3,000.00). SECTION 6. TERMINATION AND SEVERANCE PAY. A. The EMPLOYEE acknowledges that the MANAGER has the authority to terminate EMPLOYEE at any time during the initial six (6) month probationary period. Upon successful completion of this probationary period, the MANAGER and EMPLOYEE shall be goremeal by the termination and severance conditions set forth in Paragraphs B and C. B. In the event that the EMPLOYEE is terminated for any reason other than termination based on a finding of violation of personnel rules, policies and regulations and Chapter 112, Part 3, Florida Statutes while the EMPLOYEE is willing and able to perform the duties of the Police Chief, then and in that event the MANAGER agrees to continue to pay the EMPLOYEE his salary and to continue EMPLOYEES benefits hereunder for a period of Ninety (90) days after which the EMPLOYEE shall receive a lump sum payment of accrued leave balances, C. In the event that the EMPLOYEE is terminated for any reason that would be authorized or constitute cause under the City's personnel regulations and policies or for violation of Chapter 112, Part 3, Florida Statutes, then, and in that event, the MANAGER shall have no obligation to provide severance payment designed in Paragraph B. D. In the event that EMPLOYEE voluntarily resigns his position with the City, the EMPLOYEE shall give no less than thirty (30) days written notice in advance, unless the parties agree otherwise, SECTION 7. PROFESSIONAL ASSOCIATION AND DEVELOPMENT. A. The MANAGER agrees to budget and pay for reasonable professional dues, subscriptions, seminars and associated travel expenses of the EMPLOYEE necessary for his continuation and participation in professional organizations that maintain EMPLOYEES required skills in performing assigned duties. SECTION 8. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. A. Unless otherwise provided specifically in this Agreement, all provisions of law, policies and procedures of the City relating to leaves, holidays, other fringe benefits, Personnel Polices and working conditions as they now exist or hereafter may be amended, also shall apply to EMPLOYEE as they would to other employees of the City. B. In addition to vacation and leave absences, EMPLOYEE shall be granted an additional five (5) days of added vacation leave each year with the initial five (5) days of added vacation posted at the commencement of employment. C. In addition to vacation and leave absences, EMPLOYEE shall be granted compensatory time off will be granted to EMPLOYEE for extended periods, or extraordinary hours of work subject to MANAGER'S approval, D. City shall provide the funds necessary for EMPLOYEE'S annual physical examination, which examination shall be a standard annual examination for employees of the City. E. 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