Loading...
HomeMy WebLinkAboutEmployment AgreementOn a 5 BASTL_ EMPLOYMENT AGREEMENT HOME OF PELICAN ISLAND Paul E. Carlisle, Jr., City Manager THIS AGREEMENT made and entered into the llth day of April , 2018, by and between the City of Sebastian, Florida, a Florida Municipal Corporation (hereinafter referred to as "City") and Paul E. Carlisle, Jr. (hereinafter, referred to as "City Manager") pursuant to the following terms and conditions: WHEREAS, the City Council desires to retain Mr. Carlisle as City Manager of the City of Sebastian; and WHEREAS, the City expects City Manager to perform all the responsibilities and obligations required of the City of Sebastian pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, the City Council desires to provide specific terms of employment for the position of City Manager; and WHEREAS, Mr. Carlisle is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Manager; NOW THEREFORE in consideration of the mutual covenants contained herein, the City of Sebastian and Mr. Carlisle, hereby agree as follows: I. APPOINTMENT 1. The City Council hereby appoints Mr. Carlisle as the City Manager of the City of Sebastian. Mr. Carlisle shall begin working at 8:00 a.m., May 1, 2018, working with the outgoing City Manager for purposes of transition. When the City Council meeting on May 9, 2018, is officially adjourned, 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 shall be conferred upon Mr. Carlisle as City Manager. City Manager will have the flexibility to assist Glades County in its transition to a new County Manager as needed, including being away from Sebastian City Hall no more than one day per week during the first month of his employment with the City. II. TERM OF EMPLOYMENT 2. This Agreement shall become effective upon execution by both parties and receipt of documentation that the City Manager has been released from his contract by Glades County; and it shall continue in effect until terminated pursuant to the terms of Section VIL EMPLOYMENT AGREEMENT Paul E. Carlisle, Jr., City Manager Page 2 of 5 III. COMPENSATION AND BENEFITS 3. The City will pay City Manager an annualized base salary of $135,000, payable in equal bi-weekly payments; paid in the same intervals as that of other employees of the City. The City shall increase City Manager's salary at the same interval and by the same percentage as other managerial employees; but may increase the salary and benefits by a greater amount in the discretion of the majority of the City Council. 4. The City hereby agrees to provide and fully pay for the City Manager and his dependents, health insurance, vision care insurance, and dental insurance offered and available to any other employee of the City; such benefits being subject to change if said benefits are changed for other City employees. 5. The City shall provide and fully pay for a term life insurance policy for the City Manager, in an amount equal to one year's salary, payable to a beneficiary of City Manager's choosing. 6. The City agrees to contribute to its 401a retirement plan and amount equal to nine (9%) of City Manager's base salary, or a greater amount should the City ever increase the retirement benefit for managerial employees of the City, and that such contribution shall be made pursuant to the terms and conditions of the 401a retirement plan currently in effect, including any vesting schedule and any matching contribution requirements. 7. City Manager shall be vested with ten (10) vacation days upon execution of this Agreement and, thereafter, shall accrue vacation benefits at the same rate as provided to managerial employees of the City. Upon voluntary separation from employment with the City, City Manager shall be entitled to compensation as non -pensionable salary for vacation time accrued in accordance with City policy applying to managerial employees at the time of such separation. City Manager shall take, at least, five (5) consecutive days of vacation time off each calendar year. 8. City Manager shall accrue sick leave at the same rate provided to managerial employees of the City. Upon voluntary separation from employment with the City, City Manager shall be entitled to compensation as non -pensionable salary for sick time accrued in accordance with City policy applying to managerial employees at the time of such separation. 9. City Manager shall be provided disability benefits to the same degree as provided other managerial employees of the City. 10. The City shall provide for the payment of dues, subscriptions, and educational seminars which enhance City Manager's professional development and service as the City EMPLOYMENT AGREEMENT Paul E. Carlisle, Jr., City Manager Page 3 of 5 Manager, to the extent provided for in the City's budget. 11. The City shall reimburse City Manager for any expenses directly related to the performance of his duties as City Manager to the extent provide for in the City's budget. 12. In addition to accrued vacation time, City Manager shall be entitled to discretionary time consistent with the employment policies of the City as established and modified from time to time. 13. City Manager shall be entitled to the use of a City vehicle for business use and personal use within twenty-five (25) miles of the City of Sebastian. 14. City Manager shall be entitled to other benefits as from time to time may be afforded other employees of the City of Sebastian, or as granted by the City Council. IV. REVIEW AND EVALUATION 15. A performance evaluation will be performed in accordance with Res. R-10-05. V. RESIDENCY 16. On or before November 1, 2018, City Manager shall establish his primary and regular residence within the boundaries of the City of Sebastian, and such residency shall be maintained during the term of this Agreement. City Manager will use every effort to expedite his relocation to the City of Sebastian. VI. FULL-TIME EMPLOYMENT 17. The City Manager agrees to remain in the exclusive employ of the City and to not become employed by any other employer unless termination is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing or consulting performed on the City Manager's time off, provided that the City Council is advised in writing of all such occasions, in advance. VII. TERMINATION 18. City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any lawful reason or for no reason. 19. Should City Manager be terminated without cause, he shall be entitled to twenty (20) weeks base salary, plus pay -out of any accrued sick or vacation time to which he is entitled pursuant to City policy. 20. City Manager may also be terminated for cause, pursuant to the provisions of EMPLOYMENT AGREEMENT Paul E. Carlisle, Jr., City Manager Page 4 of 5 Section 3.03 of the City's Charter, and other applicable law, in which case City Manager shall not be paid any severance payment, but shall be entitled to compensation for hours worked through his separation, as well as sick or vacation accruals as provided by City policy. VIII, INDEMNIFICATION 21. As set forth in State law and City ordinance, the City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by City Manager acting within the course and scope of his duties as City Manager. IX. GOVERNING LAW 22. 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. The parties hereto expressly waive trial by jury as to any and all issues related to this Agreement and the employment of City Manager. X. MODIFICATIONS 23. No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. XI. ENTIRE AGREEMENT 24. 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. XII. NOTICES 25. All notices, consents, requests, instructions, approvals, and other communications provided for herein shall be validly given, made or served if in writing and delivered personally or sent by registered mail, postage prepaid, return receipt requested, to the hereinafter designated address (or at such other address which shall be specified by like notice): To the Emolover: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 To the Emolovee: Paul E. Carlisle, Jr. City of Sebastian 1225 Main Street Sebastian, Florida 32958 EMPLOYMENT AGREEMENT Paul E. Carlisle, Jr., City Manager Page 5 of 5 With a ropy to: City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Additionally or in the alternative: Paul E. Carlisle, Jr. [at home address] XIII. HEADINGS 26. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. XIV. ENFORCEMENT 27. 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 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 are filed upon by the Court. IN WITNESS WHEREOF, the City of Sebastian has caused the Agreement to be executed by its Mayor and duly attested by its City Clerk, and Paul E. Carlisle, Jr., has executed this Agreement, as of the day and year first above written. The City of Se tian A Florida Mu ci al Corporation ATTEST: W/LC-1.,1.[M rLV� aneft� Wi�liams, MMC ulCar sle, Jr, City Manager Approved as to form and legality for reliance by the City of Sebastian: J s D. Stokes, BCS City Attorney