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HomeMy WebLinkAboutStringer Richard Contractcnn~ $~~'A'S'T11~,N HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Phone (772) 589-5330 -Fax (772) 589-5570 E-Mail: city@cityofsebastian.org October 8, 2008 Mr. Richard Stringer City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Termination of Employment Contract for No Cause Dear Mr. Stringer: On behalf of the Sebastian City Council, this notice is presented by me as an authorized agent of the City of Sebastian to inform you that the City Council at its October 8, 2008 Regular Meeting, executed their right to terminate your employment contract for no cause by a vote of three to two effective immediately. Human Resources will be in contact with you to fulfill the Council's obligations under the terms of your employment agreement. ank you for your service to the City. nngr Ci Manager sam cc: City Council SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This agreement between the CITY OF SEBASTIAN, a Florida municipal corporation, and RICH STRINGER, amends that certain EMPLOYMENT AGREEMENT between the parties dated October 26, 1998 (hereinafter called the "AGREEMENT") and provides that IN AND FOR CONSIDERATION of the mutual benefits provided herein and the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed: Section IV of the AGREEMENT is amended to read as follows: 1. Evaluation -Upon completion of the first six (6) month period of employment, Mr. Stringer shall be reviewed by the City Council as to his performance. Thereafter, City Council shall conduct its evaluation of Mr. Stringer's performance at a public meeting in June. The City Council may as appropriate increase the salary and benefits of Mr. Stringer in a manner consistent with his performance evaluation. A determination of the City Council not to grant a merit increase in Mr. Stringer's 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. 2. Cost of Living and Generalized Increases - Mr. Stringer shall receive cost-of-living or any such similar generalized increases in salar~and benefits rs consistent with those provided to other full-time ~ regular employees of the City. 2. All remaining items of the AGREEMENT shall continue in full effect. AGREED to this ~~ day of August, 2007. CITY OF SEBASTIAN, FLORIDA By: Andrea Coy, ayor ATT '~: ~ ~,,~ , Sally A. io, MMC city cl Em ee: i Ric Stringer AMENDMENT TO EMPLOYMENT AGREEMENT This Agreement between the CITY OF SEBASTIAN, a Florida municipal corporation, and RICH STRINGER amends that certain EMPLOYMENT AGREEMENT between the parties dated October 26, 1998, (hereinafter called the "AGREEMENT"), and provides that IN AND FOR CONSIDERATION of the mutual benefits provided herein and the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed: Paragraph III. 4. of the AGREEMENT is amended to read as follows: Mr. Stringer shall accrue vacation benefits at the rate of 4.615 hours per bi- weekly pay period. Upon termination of employment with the City, Mr. Stringer shall be entitled to full compensation for all accrued vacation time as additional salary. 2. Paragraph III. 5. of the AGREEMENT is amended to read as follows: Mr. Stringer shall accrue sick leave at the rate of 3.692 hours per bi-weekly pay period. Upon termination of employment with the City, Mr. Stringer shall be entitled to full compensation for all accrued sick leave as additional salary. The final sentence of Paragraph VII. 1. of the AGREEMENT is amended to read as follows: Mr. Stringer may terminate this Agreement upon furnishing the City thirty (30) days written notice_ 4. All remaining terms of the AGREEMENT shall continue in full effect. AGREED to this ~ ~~ day of June, 2003. CITY OF SEBASTIAN, FLORIDA By: w Mayor Walter Barnes ATTEST: Q~ ` Sally A. io, CMC; City Clerk EMPLO 1~ t ' Rich Stringer EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this ~~ day of October, t 998 by and between the City of Sebastian, Florida, a municipal corporation (hereinafter refereed to as "City") and Rich Stringer (hereinafter referred to as "Mr. Stringer") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Stringer as City Attorney of the City of Sebastian; and WHEREAS, the City expects Mr. Stringer to perform all of the responsibilities and obligations required of the City Attorney 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 Attorney; and WHEREAS, Mr. Stringer is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Attorney; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Stringer, hereby agree as follows: I. APPOINTMENT The City hereby appoints Mr. Stringer as the City Attorney of the City of Sebastian, effective as of 8:00 a.m. of the Monday following approval of this Agreement by the City Council, subject to all terms and conditions of this Agreement. The City confers upon Mr. Stringer 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. II. TERM OF EMPLOYMENT This Agreement shall become effective upon execution thereof by the last party signing the same, or as of 8:00 a.m. of the Monday following approval of this Agreement by the City, whichever shall occur first, and continue in effect until terminated pursuant to the terms of Section VII hereof. III. COMPENSATION AND BENEFITS 1. Salary - Mr. Stringer's salary for the initial period of this Agreement shall be $60,000 per year payable in bi-weekly installments of $2,307.69. 2. Insurance -The City hereby agrees to provide and pay for health and dental insurance for Mr. Stringer and his dependents. Said health/dental benefits are to be the same as those available for all other City of Sebastian full-time exempt employees and are subject to change if said benefits aze changed for all other City of Sebastian full-time exempt employees. 3. Retirement -The City agrees to contribute to a City's 457 Retirement Plan on behalf of Mr. Stringer an amount equivalent to a set percentage of his annual salary, said percentage amount being determined by matching the highest percentage amount last contributed to a City 457 Retirement Plan on behalf of any full-time exempt employee. This amount is to be paid in addition to any required FICA contribution paid by, or any new retirement program instituted by, the City on behalf its full-time exempt employees. 4. Vacation - Mr. Stringer shall accrue vacation benefits at the same rate provide to all full-time exempt employees of the City. Upon termination of employment with the City, Mr. Stringer shall be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 5. Sick Leave - Mr. Stringer shall accrue sick leave at the same rate provided to all other full-time exempt employees of the City. Upon termination of employment, Mr. Stringer shall be entitled to compensation for accrued sick leave the same as all other full-time exempt employees. 6. Disability - Mr. Stringer shall be provided disability benefits to the same degree as provided all other full-time exempt employees of the City. 7. 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. Stringer's responsibilities and duties as City Attorney. 8. Business -The City agrees to reimburse Mr. Stringer for all expenses incurred by Mr. Stringer directly related to the performance of his duties as City Attorney. This provision however, shall not be construed to require the City to reimburse Mr. Stringer for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 9. Discretionary Time - In addition to accrued vacation time, Mr. Stringer shall be entitled to discretionary time consistent with the employment policies of the City as established and modified from time to time. 10. Other benefits - Mr. Stringer shall be entitled to other benefits as from time to time may be afforded all other full-time exempt employees of the City of Sebastian. IV. REVIEW AND EVALUATION 1. Evaluation -Upon completion of the first (6) month period of employment Mr. Stringer shall be reviewed by the City Council as to his performance. The City Council may as appropriate increase the salary and benefits of Mr. Stringer in a manner consistent with his performance evaluation. A determination by the City Council not to increase Mr. Stringer's salary or benefits 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. Stringer shall receive cost-of-living or any such similar generalized raises consistent with those provided to other full-time exempt employees of the City. V. RESIDENCY Mr. Stringer agrees to become a resident of the City of Sebastian within six (6) months of the effective date of this Agreement. VL TRANSITION TO FULL-TIME For the first two weeks following his appointment as City Attorney, Mr. Stringer shall attend all public meetings of the City as delineated below and will spend at least two days per week in the office at City Hall. 2. After the transition period set forth in paragraph one above, Mr. Stringer shall undertake his duties on a full-time basis, however, the parties acknowledge that there are three to five legal matters to be concluded from Mr. Stringer s previous practice, none of which have any connection with the City of Sebastian or issues affecting the same, which may from time to time require Mr. Stringer's attention during the early months of his tenure. Other than these matters, Mr. Stringer shall devote his complete legal efforts to the business of the City. However, nothing herein shall prevent Mr. Stringer from participating as a referring attorney in accordance with accepted practices of the Florida Bar, or from participating as an expert witness, in matters not involving the City. 3. As part of his duties, Mr. Stringer shall attend all public meetings, hearings and workshops of the City Council, as well as Planning and Zoning Commission, Code Enforcement Board, and Board of Adjustment meetings. Although it is not anticipated, if Mr. Stringer is required to miss any such meeting in the course of concluding matters from his prior practice, he shall be responsible for providing and compensating any substitute counsel needed for such meeting. Additionally, Mr. Stringer shall attend meetings of other boards of the City upon request of said board and the consensus of the City Manager and City Attorney that such attendance is in the best interest of the City. VII. 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, during the first two years, the City may only terminate the agreement without cause with written notice provided the City pays to Mr. Stringer 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 with written notice provided the City pays to Mr. Stringer an amount equal to two months of his current annual salary. Mr. Stringer may terminate this Agreement upon famishing the City three months written notice. 2. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Mr. Stringer, with cause, pursuant to the terms of the City Charter. 3. If Mc Stringer is terminated for cause, the City shall not be obligated to pay any compensation or benefits to Mr. Stringer pursuant to the provision of Section VII (1) hereof. VIII. INDEMNIFICATION Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Stringer 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. Stringer's acting within the course and scope of his duties as City Attorney. IX. 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. X. MODIFICATIONS No provision of this Agreement maybe changed or modified except by written agreement executed by both parties hereto. XL ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties and contains all the P' . 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 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 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 Manager 1225 Main Street Sebastian, Florida 32958 To the Employee: Rich Stringer XIII. HEADINGS The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. XTV. ENFORCEMENT In the event that it should become necessary for either party to retain the services of an • •, w ~, .. .- 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 parry 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 Rich Stringer has executed this Agreement, as of the day and year first above written. City of Sebastian, a Florida municipal corporation v %~_ ~~~ Ruth Sullivan, Mayor ,~, ~. ~- Rich Stringer f1'TTEST: , - /_.---- a . O'Ha -oraik City Clerk Approved as to fonh and legality: Acting City Attorney