789-Ackerson employment agreemEMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of December,
2003., by and between the City of Sanford, a Florida municipal corporation, hereinafter
referred to as "the City", and Tony Ackerson.
WITNESSETH THAT:
WHEREAS, the City is desirous of retaining the services ora Pool Supervisor
for a definite length of time with duties, responsibilities and qualifications as defined in
"Exhibit A" attached; and
WHEREAS, Ackerson wishes to obtain employment with the City to perform the
duties and responsibilities of Pool Supervisor for a definite length of time by employment
agreement.
NOW, THEREFORE, in consideration of these premises and of good and
sufficient consideration, the parties do hereby covenant and agree to the following:
The City hereby agrees to employ Ackerson and Ackerson agrees to be
employed by the City as a Pool Supervisor, to perform the duties and
responsibilities as set forth in "Exhibit A", attached hereto, for a period of
one (1) year, such period of employment to commence on or about the 15th
day of December, 2003, and terminate on the 15th day of December, 2004;
however, this Agreement may be terminated earlier, as provided below.
The parties agree that the duties of Ackerson may be changed from time to
time by the mutual consent of the City and Ackerson. Not withstanding
any change, the employment of Ackerson shall be construed as continuing
under this Agreement as modified. Any changes to this employment
agreement shall be in writing and signed by both parties.
In consideration for the services provided by Ackerson, Ackerson shall be
compensated at an annual salary of $48,,277.00 to be paid by the City at a
rate of $1,856.81 on a bi-weekly basis. Ackerson will be an exempt
employee under the FLSA, and will not be entitled to any overtime wage
payments. Ackerson will be allowed to form & coach an age group swim
club which must be approved by the City before it is initiated by
Ackerson. During the first year of the employment agreement, Ackerson
will receive, in addition to his regular salary, 80% of the revenue from the
swim club and 20% will go to the City. This will be reviewed after the
first year and be subject to change by the City. (Fees for this function will
be reviewed and approved by the City.)
10.
Ackerson shall not be entitled to receive employment benefits available to
regular City employees such as sick leave, medical and dental insurance,
life insurance, paid vacations, paid holidays, pension, deferred
compensation, or profit sharing on account of his work for the City. The
City shall deduct FICA and Federal withholding taxes
Ackerson agrees to devote his entire productive time, ability and attention
to the business of the City during the term of this agreement. Ackerson
shall not directly or indirectly render any services of a business,
commercial or professional nature to any other person or organization,
whether for compensation or otherwise, without the prior written consent
of the City.
Ackerson agrees to abide by and comply with all state and federal statutes,
City ordinances and rules, regulations, policies and procedures of the City
during the term of this agreement.
If Ackerson breaches any of the terms of this Agreement or fails to fully
perform his duties and responsibilities, he may be subject to immediate
disciplinary action by the City up to and including termination of his
employment. Such discipline shall be in addition to, and shall not
prejudice, any other remedy to which the City may be entitled, either at
law, in equity, or under this Agreement. Nothing herein shall provide
Ackerson with property rights in his employment with the City.
Ackerson has no authority to enter into contracts or agreements on behalf
of the City. This Agreement does not create a partnership between the
parties.
This Agreement may be terminated by either party for any reason upon
thirty (30) days written notice. Sent via: us mail, certified, return receipt
requested, to the addresses below:
City of Sanford
Post Office Box 1788
Sanford, Fl 32772-1788
Tony Ackerson
141 North Road
Lake Mary, Fl. 32746
In the event of the termination of this Agreement prior to the completion
of the term of employment specified in Paragraph One (1), Ackerson shall
be entitled to the compensation earned through to the time of termination,
computed pro rata. Ackerson shall be entitled to no further compensation
as of the date of termination.
11.
12.
This Agreement contains all terms and conditions agreed upon by the
parties and supersedes all prior other Agreements between the parties. No
other agreement, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind either of the parties hereto.
The validity, interpretation, construction and effect of this Agreement
shall be in accordance with and governed by the laws of the State of
Florida, only. Should any litigation occur as a result of or in conjunction
with this Agreement, any such disputes shall be litigated in Seminole
County, Florida. In the event any provision hereof is determined to be
unenforceable or invalid, such unenforceability or invalidity shall not
affect the remaining provisions of this Agreement, which shall remain in
full force and effect. To that extent, this Agreement is deemed severable.
IN WITNESS WHEREOF, the undersigned have executed this
Agreement the day and year first above written.
WITNESSES:
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