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HomeMy WebLinkAboutEmployment AgreementOn JF SEBAST'N HOME OF PELICAN ISLAND EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this _L3_ day of April, 2016, by and between the City of Sebastian, Florida, a Municipal Corporation (hereinafter referred to as "City") and Jeanette Williams (hereinafter referred to as "Ms. Williams") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Ms. Williams as City Clerk of the City of Sebastian; and WHEREAS, the City expects Ms. Williams to perform all of the responsibilities and obligations required of the City Clerk of the City of Sebastian pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, the City desires to provide specified terms of employment for the position of City Clerk; and WHEREAS, Ms. Williams is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Clerk; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Ms. Williams hereby agree as follows: I. APPOINTMENT 1. The City hereby appoints Ms. Williams as the City Clerk of the City of Sebastian, effective as of 4:31PM, 25 March 2016, subject to all terms and conditions of this Agreement. The City confers upon Ms. Williams all powers, duties and responsibilities as prescribed and permitted by the laws of the State of Florida, the City Charter, Ordinances and other Codes of the City of Sebastian. IL TERM OF EMPLOYMENT 2. This Agreement shall become effective upon execution thereof by the last party signing the same, and continue in effect until terminated pursuant to the terms of Section VII hereof. III. COMPENSATION AND BENEFITS 3. Salary - Ms. Williams' initial salary shall be $72,450.00 per year, payable in bi-weekly installments. 4. Insurance - The City hereby agrees to provide, and pay for, health, vision and dental insurance for Ms. Williams. Said insurance benefits are to be the same as those available for all other full-time City of Sebastian employees and their dependents and are subject to change if said benefits are changed for all other City of Sebastian employees and their dependents. 5. Retirement - The City agrees to contribute to its 401a program, or any new equivalent or enhanced retirement/deferred compensation program instituted by the City on behalf its employees, an amount equivalent to a set percentage of her annual salary, said percentage amount being determined by matching the highest percentage amount being contributed on behalf of any full-time exempt employee. 6. Vacation - Ms. Williams shall accrue vacation benefits at the same rate as provided to employees of the City generally. Upon termination of employment with the City, Ms. Williams shall be entitled to full compensation for all accrued vacation time as additional salary. 7. Sick Leave - Ms. Williams shall accrue sick leave at the same rate as provided to employees of the City generally. Upon termination of employment with the City, Ms. Williams shall be entitled to full compensation for all accrued sick leave as additional salary. 8. Disability - Ms. Williams shall be provided disability benefits to a degree equivalent or superior with that provided any other employee of the City. 9. Professional Associations - The City agrees to budget for payment of dues, subscriptions and educational seminars related to the scope of Ms. Williams' responsibilities and duties as City Clerk. 10. Business Expenses - The City agrees to reimburse Ms. Williams for all expenses incurred by Ms. Williams directly related to the performance of her duties as City Clerk. This provision however, shall not be construed to require the City to reimburse Ms. Williams for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 11. Other Benefits — Ms. Williams shall be entitled to other benefits as from time to time may be afforded to all other full-time employees of the City of Sebastian IV. REVIEW AND EVALUATION 12. Evaluation - Upon completion of the first (3) month period of employment Ms. Williams shall be reviewed by the City Council as to her performance. Thereafter, the City Council shall conduct its evaluation of Ms. Williams' performance at a public meeting on an annual basis. The City Council may as appropriate increase the salary and benefits of Ms. Williams in a manner consistent with her performance evaluation. A determination of the City Council not to grant a merit increase in Ms. Williams' salary or benefits shall not constitute a breach of this Agreement. Any such increases in salary or benefits shall be at the sole discretion of City Council. 13. Cost of Living and Generalized Increases - Ms. Williams shall receive cost -of -living or any such similar generalized increases in salary and benefits consistent with those provided to other full- time regular employees of the City. V. FULL-TIME EMPLOYMENT 14. Ms. Williams shall undertake her duties on a full-time basis and shall devote her complete efforts to the business of the City. 15. As part of her duties, Ms. Williams shall attend public meetings, hearings and workshops of the City Council, and meetings of other boards as is in the best interest of the City. VI. TERMINATION 16. The term of this Agreement notwithstanding, either party shall have the right to terminate this Agreement upon providing written notice of termination to the other party. This provision notwithstanding, however, the City may only terminate the Agreement without cause if it pays to Ms. Williams an amount equal to three months of her current annual salary. Ms. Williams may terminate this Agreement upon furnishing the City one month's written notice. 17. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Ms. Williams, with cause, pursuant to the terms of the City Charter. 18. If Ms. Williams is terminated for cause, the City shall not be obligated to pay Ms. Williams the additional compensation set forth in Paragraph 16 hereof VII. INDEMNIFICATION 19. Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnify Ms. Williams 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 out of Ms. Williams' acting within the course and scope of her duties as City Clerk. VIII. GOVERNING LAW 20. This Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. IX. MODIFICATIONS 21. No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. X. ENTIRE AGREEMENT 22. This Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing between the parties hereto with respect to the subject matter of this Agreement. XI. NOTICES 23. All notices or other communications provided for herein shall be validly served if in writing and delivered personally, or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: To the Employer: City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attn: Mayor To the Employee: Jeanette Williams 4605 Crosswind Ct #5 Melbourne, FL 32904 XII. HEADINGS 25. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. XIII. ENFORCEMENT 26. In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement which is filed upon by the Court. IN WITNESS WHEREOF the City of Sebastian has caused this agreement to be executed by its Mayor, duly attested by the City's Records Clerk, and by Jeanette Williams who has executed this agreeme[tt,as of the day and year first above written. CtFSEWTlAN .� 4neatteWilliams Bob McP`artl n, lvlayar Ali*STa- _ Approved as to form and legality for reliance by the City of Sebastian only: Cathy Test , ords Clerk Robert A. Ginsburg, City Attney