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982-Non renew of Al GrieshaberMEMORANDUM CITY 0I: SAN]IOI~D~ i~LOlklDA 300 Nort~ Par~ Az,eh% sa~forb~ ?[odba 32771 TO: CC: FROM: RE: DATE: Al Grieshaber, Jr, City Manager Members of the City Commission Jan Dougherty, City Clerk William L Colbert, City Attorney Mayor Brady Lessard ~ Non-Renewal of City Manager Employment Agreement January 25, 2005 As you know, in accordance with the provisions of Section 3 of the Employment Agreement between you and the City of Sanford, the City Commission of the City of Sanford, at last night's public meeting, elected to not renew the terms of said Agreement. In accordance with the terms of the Agreement the Agreement will, accordingly, expire on August 4, 2005. Thus, the determination not to renew has been made at least six (6) months prior to the expiration of the term of the Agreement. Thank you for your attention to this matter. EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 26th day of June, 2003, by and between the City of Sanford ("City"), a political subdivision of the state of Florida, and Al Grieshaber, Jr. ("Employee") as follows: WITNESSETH: WHEREAS, City desires to employ the services of said Al Grieshaber, Jr. as City Manager of Sanford, Florida, as provided by Section 3.01, City of Sanford Charter; and WHEREAS, it is the desire of the City to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Manager of Sanford, Florida; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties The City hereby agrees to employ said A1 Grieshaber, Jr. as City Manager to exercise the executive responsibilities and duties of local self-government not inconsistent with the City of Sanford Charter and to perform other legally permissible and proper duties and functions as the City shall from time to time assign. Section 2: Term A. Employee agrees to accept employment as the City Manager of Sanford, Florida and to begin service in that position on August 4, 2003, and to continue that service until completed pursuant to Sections 3, 4 or 5 of this agreement. Page - 1 - B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraph A, of this agreement and Article III, City of Sanford Charter. C. 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 City subject only to the provision set forth in Section 4 of this agreement. Section 3: Termination and Severance Pay A. In the event that Employee is terminated by the City during such time as employee is willing and able to perform the duties of City Manager, then the City agrees to continue Employee's salary and benefits in full force and effect until August 4, 2005, or for six months after termination, whichever is latest, as a severance benefit; provided, however, that in the event Employee is terminated as a result of his conviction of any felony, any crime of moral turpitude or any illegal act involving personal gain to him in conjunction with his employment, the City shall have no obligation to make the salary and benefits payments designated in this Agreement. Employee waives any entitlement to unemployment compensation in consideration of severance pay. After the initial term of two years, the Employment Agreement shall be automatically renewed for a period of two years, unless the Mayor and Board of Commissioners give the Employee written notice of its intention not to renew this Agreement at least six months prior to the expiration of the current two year term, such written notice to be adopted at a regular public meeting of the Mayor and Board of Commissioners of Sanford, Florida. B. At Employee's option, he may request a lump sum cash payment of the salary and benefits to which he is entitled pursuant to paragraphs A above by making written request therefor Page-2- within 30 days following the date of termination, and the City agrees to pay such salary and benefits in a lump sum cash payment not later than thirty (30) days following Employee's request therefor. C. In the event the City at any time during the employment of Employee shall cause his salary or other financial benefits to be reduced in a greater percentage than an applicable across-the- board reduction for City employees at the department head level, or in the event the City refuses, following written notice, to comply with any other provisions hereof which benefits Employee as stated herein, or in the event Employee shall resign following a formal request for his resignation by the City pursuant to the procedures of Article III, City of Sanford Charter, then Employee may at his option be deemed to have been "terminated" as of the date of such reduction or such refusal or such resignation and shall be entitled to the continuation of salary and benefits payments stated in this Agreement. D. Should the Charter be changed to provide for an elected executive rather than the present appointed city manager position, then the employee may at his option be deemed to have been "terminated" as of the date the elected executive takes office and he shall be entitled to severance as provided in paragraph 3 A. above. Section 4: Resignation In the event Employee voluntarily resigns his position with City, then Employee shall give City three months notice in advance, unless the parties agree otherwise. The Employee shall be entitled only to payment of salary accrued to date of termination and for unused vacation time and sick leave in accordance with City policy. Section 5: Disability If Employee is unable to perform his duties for any reason, including but not limited to Page-3- sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, City shall have the option to terminate this agreement. In this event, employee shall be entitled to six months severance pay. Upon electing to participate in the City's long-term disability policy, Employee agrees to pay the cost of premiums at the same rate as provided to other managerial employees. Section 6: Salary City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $125,000.00, payable in installments at the same time as other employees of the City are paid. The City shall consider additional salary or benefit increases as it may deem appropriate no later than sixty days after completion of Employee's annual performance evaluation which increase shall be retroactive to the evaluation date/anniversary date. Section 7: Performance Evaluation The City shall review and evaluate the performance of the Employee at least once annually, by August 4th of each year, and at such other times as the City deems appropriate. Said review and evaluation shall be in accordance with specific criteria developed -jointly by City and Employee. Said criteria may be added to or deleted from as the City may time to time determine, in consultation with the Employee. Section 8: Outside Activities Employee shall be permitted to engage in teaching during non-work time, so long as such activity is not in conflict with the interests of the City. The City shall be the sole.judge of whether any conflict exists. Page-4- Section 9: Moving and Relocation Expenses City will be invoiced directly, for the expenses of moving Employee, Employee's family, and Employee's personal property from Leesburg, Georgia to Sanford, Florida. Such expenses shall include but not be limited to, packing, any necessary storage, insurance related to the movement of household goods and unpacking. Section 10: Temporary Housing A. Employee shall be reimbursed for expenses incurred in no more than two house hunting trips for Employee and spouse. B. City shall provide an allowance for temporary housing for Employee, as additional compensation, in the amount ors 1,889.00 per month commencing August l, 2003, until Employee's present residence is sold, or for a period not to exceed 9 months fbr a maximum of $17,001.00, whichever event first occurs. Section 11: Automobile and Other Items Employee's duties require that he shall have thc individual and exclusive use at all times during his employment with City of an automobile provided to him by thc City for business and incidental or occasional local personal trips. City shall furnish an appropriate car for Employee's use. Thc City shall bc responsible for paying for liability, property damage, and comprehensive insurance, and for thc costs of thc operation, maintenance, repair and regular replacement of said automobile. Employee's duties require that he shall have the individual and exclusive use at all times during his employment with City of a cellular telephone, lap top computer and printer provided to him by the City for business and incidental personal use. Employee shall select and City shall Page -5- purchase an appropriate cellular telephone, lap top computer and printer for Employee's use. The City shall be responsible for paying for the cost of operation, maintenance, repair and regular replacement of said cellular telephone, lap top computer and printer. City shall provide an annual physical examination to the Employee at no cost to the Employee. Section 12: Vacation and Sick Leave Upon being employed, Employee shall be credited with 100 hours of sick leave to be reduced as sick leave is earned. Employee shall accrue, and have credited to his personal account, vacation at the rate of 15 days a year and sick leave at the same rate as other employees of the City. Upon termination of employment, employee shall be paid for all unused vacation leave and sick leave in accordance with City policy. Section 13: Disability, Health, and Life Insurance A. City agrees to pay at the same rate as provided to other managerial employees cost of premiums for either group hospitalization, surgical and comprehensive medical insurance or an equivalent participation in an HMO for employee and his dependents. B. City agrees to provide Employee with life insurance in the amount of $50,000.00. Employee will have the right and option to purchase additional life insurance coverage up to a maximum of $300,000.00 in accordance with City policy and insurance coverage. Section 14: Retirement City agrees to pay an amount equal to 6.6% of Employee's base salary into a designated account on Employee's behalf. Page -6- Section 15: Dues and Subscriptions City agrees to budget for and to pay for professional and other dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City. Section 16. Professional Development A. City hereby agrees to budget for and to pay for registration, travel and subsistence expenses of Employee pursuant to Chapter 112, Florida Statutes for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official functions for City, including but not limited to the Florida City and County Management Association Annual Conferences, and such other national, regional, state and local governmental groups and committees in which Employee serves as a member. B. City also agrees to budget for and to pay for registration, tuition, travel and subsistence expenses of Employee pursuant to Section l 12, Florida Statutes for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City. Section 17: Indemnification In addition to that required under state and local law, 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 or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City shall not be liable in tort for the acts or omissions of the Employee committed while acting Page -7- 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. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 18: Other Terms and Conditions of Employment A. The City in consultation with the Employee shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City of Sanford Charter, or any other law. B. All provisions of the City of Sanford Charter and Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other managerial employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 19: No Reduction of Benefits City shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all department head employees of the City. Section 20: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Page-8- (l) (2) Employer: City of Sanford c/o Mayor Brady Lessard 1501 E. 2nd Street Sanford, Florida 32771 Employee: A1 Grieshaber, Jr. P.O. Box 1845 Albany, Georgia 31702 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall be effective upon execution. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the Board of Commissioners of the City of Sanford, Florida, has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year Page-9- first above written. CITY OF SANFORD t~ity Clerk ATTEST: Witness N ER , City Attorney Page-lO-