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HomeMy WebLinkAboutR-94-18 RESOLUTION NO. R-94-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANEMPLOYMENT AGREEMENT BETWEEN THE CITY AND JOEL L. KOFORD FOR THE PURPOSE OF EMPLOYING MR. KOFORD AS CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, the City Council has previously determined it to be in the best interest of the City of Sebastian to employ Mr. Joel L. Koford as City Manager; and WHEREAS, the terms of employment have previously been discussed by the city Council and Mr. Koford at a public meeting of the City council of the City of Sebastian held on February 9, 1994; and WHEREAS, the City Council and Mr. Koford desire to enter into a written employment agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The Mayor and City Clerk are hereby authorized to enter into an employment agreement with Joel L. Koford on behalf of the City of Sebastian. Said employment agreement being attached hereto as Exhibit "A". Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby cadsing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council- member ~ . The motion was seconded by Counc ilmember 0~~ and, upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck ~,~ Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland ~,~ -- The Mayor thereupon declared this Resolution duly passed and adopted this ~ day of f~~ ~/ , 1994. i.~6nnie R. P~w~fl/~/Mayor ~A~T~T: K~th~y~ M. O'Hall6ran CMC/AAE, City Clerk (seal) Approved as~~ Content: Charles Ia~ Nash, City Attorney i EMPLOYMENT AGREEMENT This Agreement, made and entered into this ;l.3~ day of February, 1994, by and between the City of Sebastian, Florida, a municipal corporation, (hereinafter referred to as "city") and Joel L. Koford (hereinafter "Mr. Koford") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Koford as City Manager of the city of Sebastian, Florida; and WHEREAS, the City expects Mr. Koford to perform all of the responsibilities and obligations required of the City Manager of the city of Sebastian pursuant to the City Charter, Ordinances, Land Development Code, and applicable State and Federal regulation; and WHEREAS, the City desires to provide specified terms of employment for the position of City Manager; and WHEREAS, Mr. Koford 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 and Mr. Koford, hereby agree as follows: 1. APPOINTMENT: The City hereby appoints Mr. Koford as the City Manager of the City, effective February 23, 1994, subject to all terms and conditions of this Agreement. The City confers upon Mr. Koford all powers, duties, and responsibilities as prescribed and permitted by the laws of the State of Florida, the City Charter, Code of Ordinances and Land Development Code of the City of Sebastian. .. II. TERM OF EMPLOYMENT: 1. CONTRACT TERM: This Agreement shall become effective February 23, 1994, and shall terminate pursuant to the terms of section VI of this Agreement. III. COMPENSATION AND BENEFITS: 1. SALARY - Mr. Roford's salary for the initial 12 month period of this Agreement shall be $55,000.00 per year, payable in bi-weekly installments. 2. HEALTH INSURANCE: The City hereby agrees to provide, and pay for, health and dental insurance for Mr. Roford and his dependents. Said health/dental benefits to be the same as those provided for all other full time City of Sebastian employees. 3. RETIREMENT - The City agrees to contribute, on behalf of Mr. Roford, an amount not to exceed $3,750.00 per year, on a dollar for dollar matching share basis as determined by Mr. Roford's contribution, to the City's IRC S457 Retirement Plan. The City agrees that this amount is to be paid in addition to the FICA contribution required to be paid by the City of behalf of Mr. Roford. 4. TRANSPORTATION - The City agrees to provide a City owned vehicle for Mr. Roford's exclusive use. This vehicle is being provided for Mr. Roford's use while performing City business and is not for the personal use of Mr. Roford. The vehicle is not to be used for travel between Mr. Roford's residence and place of business. 2 5. VACATION - Mr. Koford shall accrue vacation benefits at the same rate provided to all employees of the City. Upon termination of employment with the City, Mr. Koford shall be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 6. SICK LEAVE - Mr. Koford shall accrue sick leave at the same rate provided to all other employees of the city. Upon termination of employment, Mr. Koford shall not be entitled to compensation for accrued sick leave. 7. DISABILITY - Mr. Koford shall be provided disability benefits to the same degree as provided all other employees of the City. 8. PROFESSIONAL ASSOCIATIONS The City agrees to budget, to the extent funds are available, for payment of dues, subscriptions, and educational seminars, related to the scope of Mr Koford's responsibilities and duties as City Manager of the city. 9. BUSINESS EXPENSES - The City agrees to reimburse Mr. Koford for all expenses incurred by Mr. Koford directly related to performance of his duties as city Manager. This provision, however, shall not be construed to require the City to reimburse Mr. Koford for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or ordinances of the City of Sebastian. 10. DISCRETIONARY TIME - In addition to accrued vacation time, Mr. Koford shall be entitled to discretionary time consistent with the employment pOlicies of the City as established 3 and modified from time to time. 11. OTHER BENEFITS - Mr. Koford shall be entitled to other benefits as, from time to time, may be afforded all other full time employees of the City of Sebastian. IV. REVIEW/EVALUATION: 1. EVALUATION - Upon completion of the first six month period of employment, Mr. Koford shall be reviewed by the City Council as to his performance. The City Council may, as deemed appropriate, increase the salary and benefits of Mr. Koford in a manner consistent with his performance evaluation. A determination by the City Council not to increase Mr. Koford's salary or benefit shall not constitute a breach of this Agreement. Any increases in salary or benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall be conducted on an annual basis. 3. COST-OF-LIVING/MERIT RAISES Mr. Koford shall receive cost-of-living increases consistent with those provided to other unlimited time status employees of the city. In addition to cost of living increases, Mr. Koford may be entitled to merit increases in salary as, from time to time, are approved by the City Council. v. RESIDENCY: Mr. Koford agrees to become a resident of Indian River County, Florida, within six months of the effective date of this Agreement. 4 VI. TERMINATION: 1. The term of this Agreement notwithstanding, either party shall have the right to terminate this Agreement, upon providing ninety (90) days advance written notice of termination to the other party. This provision notwithstanding, however, the City shall be entitled to terminate this Agreement, with or without cause and without ninety (90) days written notice, provided the City pays to Mr. Koford an amount equal to ninety (90) days of his current annual salary at the time of termination. 2. Notwithstanding any provisions of this Agreement, to the contrary, the City may terminate Mr. Koford, with cause, pursuant to the terms of Article III, Division I, Section 3.03 of the City Charter. 3. If Mr. Koford is terminated for cause, the City shall not be obligated to pay any compensation to Mr. Koford pursuant toothe provisions of Section VI (1) of this Agreement. . -to ""'1 4. tt r'lo/ftv VII. INDEMNIFICATION: ~"""\J& . ...d'f"l ( , !~"",.,.:~~) ~:-~ "the City shall defend, save harmless and indemnify Mr. Koford .'^ - l.:>rjQ~ ) 1 r 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 Mr. Koford's acting within the course and scope of his duties as City Manager. VIII. GOVERNING LAW: 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. 5 IX. MODIFICATIONS: No provision of this Agreement may be changed or modified except by written Agreement executed by the parties hereto. X. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subj ect 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: 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 or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address, (or at such other address shall be specified by like notice): To the Emolover: City of Sebastian Attn: Lonnie R. Powell 1225 Main Street Sebastian, FL 32958 With a Coov to: Charles Ian Nash, Esquire Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd. Suite 505 Melbourne, FL 32901 To the Emolovee: Joel L. Koford XII. HEADINGS: The headings in this Agreement are for purposes of reference 6 .' only and shall not limit or otherwise affect the meaning hereof. XIII. ENFORCEMENT: 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 are ruled upon by the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City as of the day and year first above written. ~Lt~~' I L. Ko ord ~: {;fit ( A L. ~)h. ., //~ a ry?i M. 0' loran City Clerk Charles Ian 7