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HomeMy WebLinkAboutEmployment Agreement'All CITY MANAGER EMPLOYMENT AGREEMENT Between THE CITY OF SEBASTIAN, FLORIDA And Joseph F. Griffin Signed: 23 April 2014 EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into the 23`d day of April, 2014, by and between the City of Sebastian, Florida, a Florida Municipal Corporation (hereinafter referred to as "City") and Joseph F. Griffin (hereinafter, referred to as "Mr. Griffin ") pursuant to the following terms and conditions: WHEREAS, the City Council desires to retain Mr. Griffin as City Manager of the City of Sebastian; and WHEREAS, the City expects Mr. Griffin to perform all of 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. Griffin 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. Griffin, hereby agree as follows: I. APPOINTMENT The City Council hereby appoints Mr. Griffin as the City Manager of the City of Sebastian, effective as of 0800, 24 April 2014, subject to all terms and conditions of this Agreement. The City confers upon Mr. Griffin 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. H. TERM OF EMPLOYMENT 2. This Agreement shall become effective upon execution thereof by the last party signing the same, and continue in effect until terminated pursuant to the terms of Section VII hereof. 2 III. COMPENSATION AND BENEFITS 3. Salary - Mr. Griffin's salary for the initial period of this Agreement shall be $115,000 per year payable in bi- weekly installments. 4. Insurance - The City hereby agrees to provide and pay for health, vision, and dental insurance for Mr. Griffin and his spouse. 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 other City of Sebastian employees generally. 5. Retirement - The City agrees to contribute to its existing 401(a) program, or any new retirement/deferred compensation program instituted by the City on behalf of 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 full -time employees generally. 6. Vacation - Mr. Griffin shall accrue vacation benefits at the same rate as provided to employees of the City generally. Upon termination of employment with the City, Mr. Griffin shall be entitled to full compensation for all accrued vacation time as additional salary. 7. Sick Leave - Mr. Griffin shall accrue sick leave at the same rate provided to employees of the City generally. Upon termination of employment with the City, Mr. Griffin shall be entitled to full compensation for all accrued sick leave as additional salary. 8. Disability - Mr. Griffin shall be provided disability benefits to the same degree as provided other employees of the City generally. 9. Professional Associations - The City agrees to budget, to the extent funds are available, for payment of dues, subscriptions, and educational seminars necessary for the performance of Mr. Griffin responsibilities and duties as City Manager. 10. Business Expenses - The City agrees to reimburse Mr. Griffin for all expenses incurred by Mr. Griffin 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. Griffin for expenses that would not otherwise be authorized pursuant to Florida Statutes, City Charter or K Ordinances of the City of Sebastian. 11. Discretionary Time - In addition to accrued vacation time, Mr. Griffin shall be entitled to discretionary time consistent with the employment policies of the City as established and modified from time to time. 12. Vehicle Allowance - Mr. Griffin shall be entitled to the use of a City surplus vehicle for business use and personal use within twenty-five (25) miles of the City of Sebastian. 13. Other Benefits - Mr. Griffin shall be entitled to other benefits as from time to time may be afforded other full -time employees of the City of Sebastian generally. IV. REVIEW AND EVALUATION 14. Evaluation - Performance evaluations will be performed in accordance with Resolution R- 10 -05. V. RESIDENCY 15. Mr. Griffin agrees to maintain his residency within the boundaries of the City of Sebastian. VI. FULL -T ff EMPLOYMENT 16. Mr. Griffin will undertake his duties as City Manager on a full -time basis and shall devote his complete efforts to the business of the City. 17. As part of his duties, Mr. Griffin shall attend all public meetings, hearings and workshops of the City Council, and meetings of other boards as is in the best interest of the City. VII. TERMINATION 18. 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. Griffin an amount equal to four (4) months of his annual salary. After the second year of this contract, the City may only terminate the agreement without cause if the City pays to Mr. Griffin the amount equal to three (3) months of his salary. Mr. 4 Griffin may terminate this Agreement upon furnishing the City sixty (60) days written notice. 19. Notwithstanding any provisions of this Agreement to the contrary, the City may terminate (M}r. Griffin with cause pursuant to the terms of the City Charter. 20." Mr. Griffin is terminated for cause, the City shall not be obligated to pay any X 9xicZ or benefits to Mr. Griffin pursuant to the provision of Paragraph 18 hereof, not to include accruals. VIII. INDEMNIFICATION 21. Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Griffin 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 Mr. Griffin 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 Mr. Griffin. 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 5 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 Employer: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, FL 32958 With a Copy to: City of Sebastian Attn: City Clerk 1225 Main Street Sebastian, FL 32958 To the Employee: Joseph F. Griffin 688 Gossamer Wing Way Sebastian, FL 32958 XUL 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 Joseph Griffin has executed this Agreement, as of the day and year first above written. 6 The City of Sebastian A Florida Municipal Corporation Z� Bob McPartlan, Mayor ATTEST: "f Sally Ma' , City Clerk Joseph F. Griffin, City Manager Approved as to form and legality for reliance by the City of Sebastian: Robert Ginsburg, City Attorney