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HomeMy WebLinkAboutR-99-37 RESOLUTION NO. R-99-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERRENCE MOORE TO SERVE AS CITY MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the City to employ Terrence Moore as City Manager; and WHEREAS, the City Council has considered the terms of employment for Mr. Moore; and WHEREAS, the City and Mr. Moore desire to enter into an agreement as to the terms of his appointment as City Manager; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Council of the City of Sebastian hereby authorizes the Mayor and City Clerk to execute the employment agreement with Terrence Moore attached hereto as Exhibit "A" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Councilmember ~1Jv-r . The motion was seconded by Councilmember Y/e.a-~ and, upon being put to a vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward 1. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of June, 1999. CITY OF SEBASTIAN, FLO~A By: e,~kL Approved as to form and legality for relian the City of Sebastian only: EMPLOYMEN AGREEMENT THIS AGREEMENT made and entere into this~ day of June, 1999, by and between the City of Sebastian, Florida, a munici al corporation (hereinafter referred to as "City") conditions: and Terrence Moore (hereinafter referred to as" . Moore") pursuant to the following terms and WHEREAS, the City desires to retain . Moore as City Manager of the City of Sebastian; and WHEREAS, the City expects Mr. Moor to perform all of the responsibilities and obligations required of the City Manager of the ity of Sebastian pursuant to the City Charter, Codes and Ordinances, and applicable State and ederal regulations; and WHEREAS, the City desires to provide specified terms of employment for the position of City Manager; and WHEREAS, Mr. Moore is desirous of e tering into an employment relationship with NOW THEREFORE in consideration the mutual covenants contained herein the , the City of Sebastian to perform the services req ired of City Manager; City and Mr. Moore, hereby agree as follows: TMENT 1. The City hereby app~in7?t5-. Mo as the City Manager of the City of Seba~n, .1 ^- effective as of8:00 a.m., lUl:;!. 1999, subject t all terms and conditions oftbis AgreemV- The City confers upon Mr. Moore all powers, d ties and responsibilities as prescribed and permitted by the laws of the State of Florida. th City Charter, Ordinances and other Codes of the City of Sebastian. II. TERM OF EMPLOYMENT 2. This Agreement shall become effective upon execution thereofby 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 - Mr. Moore~s salary for the initial period of this Agreement shall be $60,000 per year payable in bi-weekly installments of$2,307.69. 4. Insurance - The City hereby agrees to provide and pay for health, vision and dental insurance for Mr. Moore and his dependents. Said insurance benefits are to be the same as those available for all other full-time City of Sebastian employees and are subject to change if said benefits are changed for all other City of Sebastian employees. 5. Retirement - The City agrees to contribute to its existing 457B program, or any new retirement/deferred compensation program instituted by the City on behalf its employees, an amount equivalent to a set percentage of his 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 - Mr. Moore shall accrue vacation benefits at the same rate provided to all employees of the City. Upon termination of employment with the City, Mr. Moore shall be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 7. Sick Leave - Mr. Moore shall accrue sick leave at the same rate provided to all other employees of the City. Upon termination of employment, Mr. Moore shall be entitled to compensation for accrued sick leave the same as all other employees. 8. Disability - Mr. Moore shall be provided disability benefits to the same degree as provided all other employees of the City. 9. Professional Associations - The Ci agrees to budget, to the extent funds are available, for payment of dues, subscriptions an educational seminars related to the scope of Mr. Moore's responsibilities and duties as City anager. 10. Business Expenses- The City agre s to reimburse Mr. Moore for all expenses incurred by Mr. Moore directly related to the p rformance of his duties as City Manager. This provision however, shall not be construed to re uire the City to reimburse Mr. Moore for expenses which would not otherwise be autho . ed pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 11. Discretionary Time - In addition to ccrued vacation time, Mr. Moore shall be entitled to discretionary time consistent with th employment policies of the City as established and modified from time to time. 12. City Vehicle - Mr. Moore shall be e titled to use ofa city vehicle for transportation in performing City business. Additionally, so long he resides within the City, Mr. Moore shall be entitled to use of a city vehicle to commute be een City Hall and his Sebastian residence. 13. Other benefits - Mr. Moore shall be entitled to other benefits as from time to time may be afforded all other full-time employees 0 the City of Sebastian. IV. REVIEW 14. Evaluation - Upon completion oft e first (6) month period of employment Mr. Moore shall be reviewed by the City Council as to his performance. Thereafter, on the anniversary date of his employment, the City Council shall a ain evaluate NIT. Moore's performance and may as appropriate increase the salary and bene ts ofMr. Moore in a manner consistent with his performance evaluation. 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 anniversary date and then thereafter. 15. Cost-of-Living Raises - Mr. Moore shall receive cost-of-living or any such similar generalized raises consistent with those provided to other exempt employees of the City. v. RESIDENCY 16. Mr. Moore agrees to become a resident of the City of Sebastian within six (6) months of the effective date of this Agreement. VI. FULL- TIME EMPLOYMENT 17. Mr. Moore shall undertake his duties on a full-time basis and shall devote his complete efforts to the business of the City. 18. As part of his duties, Mr. Moore shall attend all public meetings, hearings a~d workshops of the City Council, and meetings of other boards as is in the best interest of the City. VII. TERMINA nON 19. 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, during the first two years, the City may only terminate the agreement without cause if it pays to Mr. Moore an amount equal to three months of his current annual salary. After the second year of this contract, the City may only terminate the agreement without cause if the City pays to tv'lr. Moore an amount equal to two months of his current annual salary. Mr. Moore may terminate this Agreement upon furnishing the City three months written notice. 20. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Mr. Moore, with cause, pursuant to th terms of the City Charter. 21. If Mr. Moore is terminated for ca se, the City shall not be obligated to pay any compensation or benefits to Mr. Moore pursuant to the provision of Paragraph 19 hereof VIII. IND E leA nON 22. Subject to any limitations impo ed by Florida law, the City shall defend, save harmless and indemnify Mr. Moore against an tort, professional liability claim or demand or other legal action, whether groundless or othe ise, arising out of an alleged act or omission . occurring out of Mr. Moore's acting within the curse and scope of his duties as City Manager. ING LAW 23. This Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in dian River County, Florida. x. MOD 24. No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. XI. ENTIRE GREEMENT 25. This Agreement constitutes the e tire 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 A reements, either oral or in writing, between the parties hereto with respect to the subject matter f this Agreement. 26. All notices consents, requests, i structions, 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 which shall be specified by like notice): To the Employer: City of Sebastian Attn: City Mayor 1225 Main Street Sebastian, Florida 32958 With a Copy to: City of Sebastian Attn: City Clerk 1225 Main Street Sebastian, Florida 32958 To the Employee: Terrence Moore Xill. HEADINGS 27. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof XIV. ENFORCEMENT 28. 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 filed upon by the Court. .. IN WITNESS WHEREOF, the City f Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its ity Clerk, and Terrence Moore has executed this Agreement, as of the day and year first above w tten. City of Sebastian, a Florida municipal corporation Approved as to form and legality for reliance by the City of Sebastian only: