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789-Ackerson Extended Employmen EXTENDED EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this /c.~~/~ day of 2006, by and between the City of Sanford, a Florida municipal corporation, hereinafter referred to as "the City" and Tony Ackerson, hereinafter referred to as "Ackerson". WITNESSETH THAT: WHEREAS, the City is desirous of continuing to retain the services of a 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: SECTION 1. This Agreement supercedes and revokes all prior agreements between the parties. SECTION 2. The City hereby agrees to continue to employ Ackerson and Ackerson agrees to continue to be employed by the City as a Pool Supervisor, to perform the duties and responsibilities as set forth in "Exhibit A", attached hereto, from the date of execution of this Agreement (but no gap of employment shall be deemed to have occurred) and to terminate at midnight on December 20, 2006, however, this Agreement may be terminated earlier, as provided below. SECTION 3. The parties agree that the duties of Ackerson may be modified from time-to-time by the mutual consent of the City and Ackerson. Notwithstanding any change, the employment of Ackerson shall be construed as continuing under the terms of this Agreement, as modified. Any changes to this Employment Agreement shall be in writing and signed by both parties. SECTION 4. In consideration for the services provided by Ackerson, the City will continue to pay Ackerson wages every other week in the gross amount of One Thousand, Nine Hundred and Twelve Dollars and Fifty-Four Cents ($1,912.54). Ackerson agrees that he is a management employee of the City and is an exempt City Management level employee under the Fair Labor Standards Act and will not be entitled to any overtime wage payments. Ackerson will continue to be allowed to coach an age group swim club which he has formed and which was approved by the City. During the length of this Agreement, Ackerson will receive, in addition to his regular salary, eighty percent (80%) of the revenue from the swim club and twenty percent (20%) will go to the City. SECTION 5. Ackerson shall not be entitled to receive, nor receive, employment benefits available to regular City employees such as sick leave, medical and dental insurance, life insurance, paid vacations, paid holidays, deferred compensation, or profit sharing on account of his work for the City. The City shall deduct FICA and Federal withholding taxes and provide FRS pension benefits. SECTION 6. 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. The swim club and swim team formed by Ackerson shall Page 2 of 5 be the sole and exclusive team and club using the City's facilities. SECTION 7. Ackerson agrees to abide by and comply with all State and Federal statutes, laws, rules and regulations and all City ordinances, rules, regulations, policies and procedures of the City during the term of this Agreement. SECTION 8. 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 ^greement. Nothing herein shall provide Ackerson with property rights in his employment with the City. SECTION 9. Ackerson has no authority to enter into contracts or agreement on behalf of the City. This Agreement does not create a partnership between the parties. SECTION t0. This Agreement may be terminated by either party for any reason upon thirty (30) days written notice, provided via U.S. certified mail, return receipt requested, to the addresses below: City of Sanford Tony Ackemon Post Office Box 1788 141 North Road Sanford, Florida 32772-1788 Lake Mary, Florida 32746 SECTION 11. In the event of the termination of this Agreement pdor to the completion of the term of employment specified in Section 2, Ackerson shall be entitled to the compensation earned through to the time of termination, computed pre rata. Ackerson shall be entitled to no further compensation as of the date of termination. SECTION 12. This Agreement contains all terms and conditions agreed upon by Page 3 of 5 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. SECTION '13. The validity, interpretation, construction and effect of this Agreement shall be in accordance with and governed only by the laws of the State of Florida. 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: Printed Name Tony Ack~'rson Printed Name ATTEST: gherty, City~lerk CITY OF SANFORD Robert S h ~w~ a n Ye~-~:il~City Manager Page 4 of 5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Is~ William L. Colbert William L. Colbert, City Attorney i:\lng\cities~2OO5\agrs~extended employment agr w ackerson Page 5 of 5