1048-Renewal Employment-MillerCITY OF SANFORD CITY MANAGER
RENEWAL EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this q— A day of August, 2005, by and
between the City of Sanford, Florida, a municipal corporation ( "the City "), and V. Eugene Miller
( "the Employee ").
WITNESSETH:
WHEREAS, the City desires to extend the services of said V. Eugene Miller which are
under contract pursuant to that certain agreement, dated April 18, 2005, styled "City of Sanford
City Manager Employment Agreement" with Mr. Miller hereafter referred to as "Employee ", the
said Employee to continue to serve as City Manager of Sanford, Florida, to manage the day -to-
day operations of its municipal corporation as set forth herein; and
WHEREAS, it is the desire of the City to establish and continue certain conditions of
employment and to set working conditions of said Employee; and
WHEREAS, the parties hereto have agreed to various terms and conditions of
employment as spelled out in greater detail below; and
WHEREAS, the parties hereby continue the relationship of employer and employee.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. – DUTIES AND OPTIONAL DUTIES.
The City hereby employs the Employee as City Manager of the City to perform the
functions and duties of City Manager specified in the City Charter and ordinances of the City,
and to perform other legally permissible and proper duties and functions as the City Commission
shall, from time to time, assign. The Employee shall provide operational /administrative control
and management consultant and guidance services to the City Commission relative to the
functions and operations of the municipal government of the City. The Employee hereby agrees
to perform the aforementioned function and duties of the City Manager in accordance with the
City Charter and the ordinances of the City.
SECTION 2. – TERM.
The term of this Agreement shall be for an indeterminate period beginning October 19,
2005 and may be terminated with thirty (30) days advanced notice to the Employee. If this
Agreement is terminated relative to the Employee's status as City Manager prior to December 18,
2005, the Employee shall continue to be paid through the end of the term and shall be available,
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on call, as a management consultant through December 18, 2005 and shall be paid, in full,
through December 18, 2005 notwithstanding termination as City Manager.
SECTION 3. - DISABILITY.
If the Employee is unable to perform his duties for any reason including, but not limited
to, sickness, accident, injury, mental incapacity or health, the City shall have the option to
terminate this Agreement, provided that such termination is in full compliance with applicable
State and Federal laws.
SECTION 4. - DEATH DURING EMPLOYMENT.
If the Employee dies during the term of this employment, the City shall pay to the estate
of the Employee the compensation which would otherwise be payable to the Employee up to the
end of the month in which his death occurs.
SECTION 5. — SALARY /COMPENSATION.
The City shall pay to the Employee for services rendered pursuant hereto, a monthly
salary of $10,000.00 per month, payable in periodic installments on the fifth (5`") business day in
the month succeeding the month of services. The Employee shall be offered the opportunity, as
may be permitted by law, to participate in any City deferred compensation programs.
SECTION 6. - HOURS OF WORK.
The Employee will devote a minimum of forty (40) hours per week in the performance of
the above services, but the Employee is an exempt employee in terms of the Federal Fair Labor
Standards Act and is charged with the administration of the City's government. The Employee
will be charged with maintaining his own schedule and, to that end, the Employee will take time
off for holidays, weekends, and may determine to coordinate days of absence while ensuring that
management of the City occurs and that the Employee may be contacted while not present in the
City.
SECTION 7. - OTHER EMPLOYMENT.
The Employee shall perform his duties for the City on a full -time basis and shall not
undertake any outside employment whatsoever without the consent of the City Council.
SECTION 8. - MOTOR VEHICLE.
The Employee shall be issued a City maintained automobile for his travel and use (to
include his travel to and from his home in Ormond Beach, Florida) which he shall be required to
use as he is on call twenty -four (24) hours per day. The Employee shall be reimbursed for
reasonable gasoline purchases, tolls and parking charges. In the event that the Employee ceases
to serve in the position of City Manager prior to December 18, 2005 and functions in the role as a
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management consultant for the City pursuant to SECTION 2. - TERM, although the services may
be generally provided remotely by means of telephone conferences, a -mails and similar means
and methods of communication, the Employee shall be provided a motor vehicle allowance at the
City's prevailing mileage rate for such times and occasions when he is present at the City or other
locations in support of the City and such services require the use of his private motor vehicle.
SECTION 9. - GENERAL EXPENSES.
The City recognizes that certain expenses of a non - personal and job - affiliated nature are
incurred by Employee and hereby agrees subject to budget approval to reimburse or authorize
payment of said general expenses, and the Finance Director is hereby authorized to disburse such
monies upon receipt of duly executed or petty cash voucher, receipts, statement, or personal
affidavits. Additionally, the Employee shall be reimbursed for lodging accommodations for two
(2) nights each month to ensure that Employee has lodging on the evenings that the City
Commission meets and will be reimbursed for any other late night (terminates after 9:00 p.m.)
City Commission meetings or other meetings requiring attendance by the Employee.
SECTION 10. - ANNUAL AND SICK LEAVE.
The Employee shall accrue and have credited to his personal account, annual and sick
leave at the accrual rate and at the same rate as an employee of the City with twenty (20) years of
service. The Employee shall maintain all leave earned prior to this extension of the original
agreement between the City and the Employee being effective. Upon cessation of employment,
Employee shall be paid for all unused leave as any other City employee with twenty (20) years of
service.
SECTION 11. - INDEMNIFICATION.
In addition to that required under State or local law, the City shall defend, save harmless,
and indemnify Employee against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Employee's duties as City Manager, unless he 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 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.
SECTION 12. - BONDING.
The City shall bear the full cost of any fidelity or other bonds that may be required of the
Employee under any law or ordinance.
SECTION 13. - NO REDUCTION OF BENEFITS.
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The City shall not at any time during the term of this Agreement reduce the salary,
compensation, or other financial benefits of the Employee, except to the degree of such a
reduction across - the -board for all employees of the Employer.
SECTION 14. - LEGAL REPRESENTATION.
(a) The City agrees that it will, through the office of the City Attorney, provide the
Employee with legal representation when the Employee is party to litigation based upon his
position or employment with the City, and in addition, litigation based upon alleged acts or
omissions arising out of or in the course and scope of employment. Attorney's fees and court
costs shall be the expense of the City.
(b) The City further agrees that such legal representation shall be provided where
litigation has commenced during or after cessation of employment, and shall continue after
cessation of employment, and shall so continue until such litigation has ended.
(c) The City further agrees that, in the event of a conflict of interest within the offices of
the City Attorney, or the refusal of same to so represent the Employee, pursuant to the provisions
set forth in Subsection (a) and (b) above, the City shall provide counsel to represent him. The
selection of said counsel shall be made at the sole discretion of the City. Attorney's fees and
court costs shall be reimbursed by the City in accordance with the law.
(d) The City will not be held responsible for any legal fees of the Employee as a result of
litigation arising from his dismissal from employment by the City Commission.
SECTION 15. - OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
All provisions of the City Charter, ordinances, regulations and rules of the City relating to
holidays and other fringe benefits, and working conditions as they now exist or hereafter may be
amended, shall also apply to the Employee as they would to other managerial employees of the
City, except as herein provided specifically for the benefit of the Employee.
SECTION 16. - GENERAL PROVISIONS
(a) The text herein shall constitute the entire Agreement between the parties.
(b) This Agreement shall be binding upon and shall inure to the benefit of Employee's
heirs, executor's, personal representatives and assigns with respect to any compensation or
payments owed to the Employee under this Agreement.
(c) This Agreement shall become effective commencing October 19, 2005.
(d) In any litigation, including breach, enforcement, or interpretation, arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs and
expenses. Venue for such litigation shall be in Seminole County, Florida.
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(e) All amendments, extensions, alterations or additions to this Agreement shall be in
writing, shall be approved by the City Commission and the Employee, shall be filed with the City
Clerk and an executed or certified copy furnished to the Employee, and a copy shall be furnished
to each member of the City Commission.
(f) 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 he deemed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City Commission of the City of Sanford, Florida, has
caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by
its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the
date and year first above written.
ATTEST:
CITY OF SANFORD
net Dougherty, City rk Linda Ki hn, Mayor
Witness
Witness V. Eugen4Mille
Approved as to form and
legal sufficiency.
William L. Colbert, Esquire
City Attorney
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