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HomeMy WebLinkAboutR-96-26 '. . . RESOLUTION NO. R-96-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND THOMAS W. FRAME FOR THE PURPOSE OF EMPLOYING MR. FRAME AS CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has previously determined it to be in the best interest of the City of Sebastian to employ Thomas W. Frame as City Manager; and WHEREAS, the terms of employment have previously been discussed by the City Council at a public meeting of the City Council of the City of Sebastian held on February 15, 1996; and WHEREAS, the ci ty Council and Mr. Frame 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 Ci ty Clerk are hereby authorized to enter into an employment agreement wi th Thomas W. Frame on behalf of the City of Sebastian. Said Employment Agreement being attached hereto as Exhibit "A". SECTION 2 . CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. That 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 ci ty Council of the ci ty of sebastian did not intend to enact such invalid or unconsti tutional provision. It shall further be assumed that the Ci ty council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution (3J;;;{~d6 (/ was moved for adoption by Council member The motion was seconded by Council member fS) ,./ -/.HLL/Tll/ and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Council member Louise Cartwright Council member Norma Damp Council member Raymond J. Halloran ../' The Mayor thereupon declared this Resolution duly passed and adopted this c/ sa day of h",,/~ ,1996 ::~~I~~ Arthur L. Firtion, Mayor ~. , T/)JU,flnf.!M , Kathryn . O'Halloran, CMC!AAE Approved as to Form and Content: ~70t;~ Ih Clifton McClelland, City Attorney EXHIBIT "A" EMPLOYMENT AGREEMENT This Agreement, made and entered into this Z8~day of February, 1996, by and between the City of Sebastian, Florida, a municipal corporation, (hereinafter referred to as "City") and Thomas W. Frame (hereinafter "Mr. Frame") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Frame as City Manager of the City of Sebastian, Florida; and WHEREAS, the City expects Mr. Frame 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 regulations; and WHEREAS, the City desires to provide specified terms of employment for the position of City Manager; and WHEREAS, Mr. Frame 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. Frame, hereby agree as follows: I. APPOINTMENT 1. The City hereby appoints Mr. Frame as the City Manager of the City, effective 4:30 p.m., Friday, February 23, 1996, subject to all terms and conditions of this Agreement. The City confers upon Mr. Frame 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. 2. The City agrees to pay the City Manager a living allowance offifty dol1ars ($50.00) per day for five (5) days a week, for a maximum period of six (6) weeks upon his relocation to this area. II. TERM OF EMPLOYMENT I. Contract Tenn: This Agreement shal1 become effective February , 1996, and shall terminate pursuant to the terms of Section VI of this Agreement. III. COMPENSATION AND BENEFITS 1. Salary - Mr. Frame's salary for the initial period of this Agreement shall be $60,000 per year, payable in bi-weekly installments of $2,3 07.69. 2. Health Insurance - The City hereby agrees to provide, and pay for, health and dental insurance for Mr. Frame and his dependents. Said health/dental benefits to be the same as those provided for all other full-time City of Sebastian employees and are subject to change if said benefits change for City of Sebastian employees. 3. Retirement - The City agrees to contribute, on behalf of Mr. Frame, an amount not to exceed $3,750.00 per year, on a dollar for dollar matching share basis as determined by Mr. Frame's contribution, to one of the City's 457 Retirement Plans. The City agrees that this amount is to be paid in addition to the FICA contribution required to be paid by the City on behalf of Mr. Frame. 4. Transportation - The City agrees to provide the City Manager with a vehicle al10wance of$350 per month for in-County travel expenses in lieu of providing a City owned vehicle. Travel outside the county will be reimbursed at the current rate of reimbursement per Finance Department policy and State law. S. Vacation - Mr. Frame shall accrue vacation benefits at the same rate provided to al1 employees of the City. Upon termination of employment with the City, Mr. Frame shal1 be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 6. Sick Leave - Mr. Frame shall accrue sick leave at the same rate provided to all other employees of the City. Upon termination of employment, Mr. Frame shall be entitled to compensation for accrued sick leave the same as all other exempt employees. 7. Disability - Mr. Frame shall be provided disability benefits to the same degree as provided al1 other employees ofthe 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. Frame's responsibilities and duties as City Manager of the City. 9. Business Expenses - The City agrees to reimburse Mr. Frame for all expenses incurred by Mr. Frame directly related to the performance of his duties as City Manager. This provision, however, shall not be construed to require the City to reimburse Mr. Frame 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. Frame shall be entitled to discretionary time consistent with the employment policies of the City as established and modified from time to time. 11. Other benefits - Mr. Frame 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. REVIEWIEVALUATJON 1. Evaluation - Upon completion of the first six (6) month period of employment, Mr. Frame 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. Frame in a manner consistent with his performance evaluation. A determination by the City Council not to increase Mr. Frame'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 from the first six month evaluation and then thereafter. 2. Cost-of-Living/Merit Raises - Mr. Frame shall receive cost-of-living increases consistent with those provided to other exempt employees of the City. V. RESIDENCY Mr. Frame agrees to become a resident of the City of Sebastian within six (6) months of the effective date of this Agreement. VI. TERMINATION 1. 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 shall be entitled to terminate this Agreement without cause with written notice, provided the City pays to Mr. Frame an amount equal to one hundred and eighty (180) days of his current annual salary at the time of termination. Mr. Frame may terminate this Agreement upon furnishing the City sixty (60) days written notice. 2. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Mr. Frame, with cause, pursuant to the terms of Article III, Division I, Section 3.03 of the City Charter. 3. If Mr. Frame is terminated for cause, the City shall not be obligated to pay any compensation or benefits to Mr, Frame pursuant to the provision of Section VI (1) of this Agreement. VII. INDEMNIFICATION Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnifY Mr. Frame 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. Frame'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. IX. MODIFICATIONS No provision of this Agreement may be changed or modified except by written Agreement executed by both 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 subject matter hereof; said Agreement supersedes any 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 Employer: City of Sebastian Attn: City Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian With a Copy to: Attn: City Attorney 1225 Main Street Sebastian, Florida 32958 To the Employee: Thomas W. Frame XII. HEADINGS The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. r . XIII. ENFORCEMENT In the event that it should become necessary for either party to retain the services of an attorney to enforce the tenns ofthis 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 shaIl 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 filed 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 Clerk and Thomas W, Frame has executed this Agreement, as of the day and year first above written. tian Florida, A Municipal Corporation Arthu'Zayor . !J 0. ~~ Thomas W. Frame ATTEST: crrddrln f);/rLP~ Kathryn M. OHalloran City Clerk Approved as to form and content: ~ ' .....-: ,;C---7 ~ t"'LA~ City Attorney