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886-LiaisonEmploymentAgreement CITY OF SANFORD / CITY COMMISSION LIAISON EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT made and entered into this 3Gl~day of July, 2001, by and between the City of Sanford, a Florida municipality, acting through its Mayor, (the employer, but referred to herein as the "CITY"), and Jeffrey Bauer (referred to herein as the "EMPLOYEE"). WHEREAS, the City desires to employ the services of the EMPLOYEE as City Commission Liaison for the City of Sanford, Florida; and WHEREAS, the EMPLOYEE desires to accept employment as City Commission Liaison for the City of Sanford, Florida; and WHEREAS, it is the desire of the CITY to engage the EMPLOYEE and provide certain benefits and certain conditions of employment. NOW, THEREFORE, in consideration of the premises and the mutual covenants and promises of the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY and EMPLOYEE covenant and agree as follows: SECTION 1. AGREEMENT TO EMPLOY AND BE EMPLOYED: The CITY hereby employs EMPLOYEE as the City Commission Liaison and the EMPLOYEE hereby accepts and agrees to such employment. SECTION 2. DESCRIPTION OF EMPLOYEE'S DUTIES: (A) Subject to the supervision and pursuant to the orders, advice, and direction of the Mayor of the CITY, and City Commissioners of the CITY, as appropriate, the EMPLOYEE shall perform such duties as are set forth in the job description for the position that is attached hereto as Exhibit "A" which by this reference thereto is a made part hereof. The EMPLOYEE shall comply with all administrative procedures and applicable State law and CITY ordinances relating to the position and to perform any and all duties that the Mayor shall from time-to-time assign to fulfill the goals, objectives and policies of the CITY. The EMPLOYEE shall ensure that all laws relating to open government, public meetings and public records are adhered to. (B) The EMPLOYEE is an exempt employee under the provisions of Fair Labor Standards Act as he is an administrative employee who is employed in a bona fide administrative capacity. (C) The EMPLOYEE shall ensure that he maintains a favorable image and positive communications with CITY staff, the citizens of the CITY, and news/media personnel. (D) Unless otherwise specifically set forth in this Agreement, all provisions of State law, CITY ordinance, rule, regulation, procedure and working conditions as they exist on the date of this Agreement or as they may be amended in the future shall apply to the EMPLOYEE as they do or will to the other employees of the CITY. SECTION 3. MANNER OF PERFORMANCE OF EMPLOYEES DUTIES: The EMPLOYEE shall at all times faithfully, prudently, industriously, and to the best of his ability, experience, and talent, perform all duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of the CITY. Such duties shall be rendered in the City of Sanford, Seminole County, and at such other place or places as CITY shall in good faith require or as the interests, needs, business, and opportunities of CITY shall require or make advisable. The EMPLOYEE recognizes that the EMPLOYEE shall be handling matters of a nature that are subject to the individual needs of individual commissioners or the Mayor and which would only be a matter for public review and comment at appropriate times. The EMPLOYEE recognizes that the EMPLOYEE will be handling sensitive projects for individual public officials. The EMPLOYEE shall be subject to the laws pertaining to public meetings as set forth in the Florida Statutes. Accordingly, the EMPLOYEE will not act as a conduit between public officials in violation of state law relating to public meetings, but shall maintain comments and statements made to him in a manner that protects such statements from premature or inappropriate public distribution or notice, or conveyance to other public officials, directly or indirectly. SECTION 4. DURATION OF EMPLOYMENT/EMPLOYEE RESIDENCE: (A) The term of employment shall be for an indeterminate period of time, commencing on July 9, 2001 the signature dates of the parties hereto notwithstanding, subject, however, to prior termination as otherwise provided herein. (B) The EMPLOYEE may be terminated at any time between July 9, 2001 and October 9, 2001 without cause and for the convenience of the CITY as if he were a CITY probationary employee. (C) Subsequent to October 9, 2001 and the EMPLOYEE being granted status above that on a probationary CITY employee, the EMPLOYEE shall have all rights and benefits of a CITY employee not inconsistent with the terms of this Agreement and shall be deemed to be an employee whose position is subject to the CITY's Civil Service ordinances, rules and regulations. (D) Notwithstanding the provisions of Subsection (C), above, upon the employee being retained by the CITY beyond October 9, 2001; the EMPLOYEE shall endeavor to reside within the CITY on or before July 9, 2002 in recognition of the fact that the duties and responsibilities of the position can be best and most effectively carried out when the EMPLOYEE is a citizen and resident of the CITY, Should the EMPLOYEE require additional time, he may request an extension from the Mayor of the CITY for a reasonable period based upon unforseen circumstances that are beyond the control of the EMPLOYEE. The CITY shall not be liable for any moving or relocation expenses incurred by the EMPLOYEE. SECTION 5. COMPENSATION; REIMBURSEMENT: (A) The CITY shall pay EMPLOYEE and EMPLOYEE agrees to accept from CITY, in full payment for EMPLOYEE's services hereunder, compensation at the rate of THIRTY-FIVE THOUSAND AND NO/100THS DOLLARS ($35,000.00) per annum, Page 2 of 4 payable in accordance with the pay plan and schedule of the CITY. (B) At the end of each employment year, the Mayor and CITY Commission shall consider an annual performance merit adjustment to the EMPLOYEE's salary in accordance with the pay and performance plans of the CITY as well as the CITY's personnel ordinances, rules and regulations. (C) In addition to the foregoing, the CITY will reimburse EMPLOYEE for any and all necessary, customary, and usual expenses incurred by him while traveling for and on behalf of the CITY pursuant to the CITY's direction and instructions. (D) In addition to the foregoing, the CITY shall provide and maintain a pager and cellular telephone for the use of the EMPLOYEE and at no cost to the EMPLOYEE for the purposes of conducting the business of the CITY. Any and all non-CITY business related costs resulting from use shall be the responsible of the EMPLOYEE and may be deducted from his pay in accordance with applicable law. (E) In addition to the foregoing, the CITY shall advance pay or reimburse the EMPLOYEE for approved professional dues, subscriptions, seminars and associated travel expenses necessary for his continuing participation in professional organizations or in order to maintain EMPLOYEE's skills in order to adequately perform the EMPLOYEE's assigned duties and responsibilities. (F) In addition to the foregoing, the EMPLOYEE will be eligible to receive compensatory leave in recognition of extraordinary hours of work. Such leave shall be subject to the approval of the Mayor of the CITY. SECTION 6. EMPLOYEE'S LOYALTY TO CITY'S INTERESTS: (A) The EMPLOYEE shall devote all of his time, attention, knowledge, and skill solely and exclusively to the business and interests of CITY. The EMPLOYEE expressly agrees that he will not engage in any business or activity that would represent a violations of State law or CITY ordinance, rule or regulation pertaining to conflicts of interest or the ethical conduct required of public employees. To that end, the EMPLOYEE shall not accept any other employment while employed by the CITY except as set forth in Subsection (B), below. (B) The EMPLOYEE may teach classes, make presentations to professional organizations, and provide professional consultation on non-CITY time, not on CITY property (unless appreved as a general use available to the public generally), and then only to the extent that the activities do not conflict with or interfere with the EMPLOYEE's full, faithful and efficient service to the CITY as determined solely and exclusively by the Mayor and the CITY Commission. SECTION 7. CONTRACT TERMS TO BE EXCLUSIVE: This written Agreement contains the sole and entire agreement between the parties, and supersedes any and all other agreements between them. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and Page 3 of 4 delivery hereof except such representations as are specifically set forth herein, and each party acknowledges that he or it has relied on his or its own judgment in entering into the Agreement. The parties further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither f them has relied thereon in connection with his or its dealings with the other. SECTION 8. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth. SECTION 9. CONTRACT GOVERNED BY LAW/VENUE: This Agreement and performance hereunder shall be construed in accordance with the laws of the State of Florida and venue for any civil action shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by affixing their signature thereto on the dates indicated. ATTEST: CITY OF SANFORD, FLORIDA WITNESS: EMPLO!~/~ rinted Name Page 4 of 4