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HomeMy WebLinkAboutMaio Sally ContractFIItST AMENDMENT TO EMPLOYMENT AGREEMENT This agreement between the CITY OF SEBASTIAN, a Florida municipal corporation, and SALLY A. MAIO, amends that certain EMPLOYMENT AGREEMENT between the parties dated October 25, 2000 (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: 1. Paragraph 12 of the AGREEMENT is amended to read as follows: 12. Evaluation -Upon completion of the first (12) month period of employment M s Maio shall be reviewed by the City Council as to her performance. ° " "'' "'"" ~~' a°`" ` Thereafter, the Ci Council shall -~ -~ tY ~ conduct its evaluation of Ms. Maio's performance at a public meeting in June The Citv Council a~ may as appropriate increase the salary. and benefits of Ms. Maio in a manner consistent with her performance evaluation. A determination of the City Council not to grant a merit increase in Ms. Maio's salary or benefits shall not constitute a breach of this Agreement Any such mcreases m salary or benefits shall be at the sole discretion of City Council. 2. Paragraph 13 of the AGREEMENT is amended to read as follows: 13. Cost of Living and Generalized Increases - Ms. Maio shall receive cost-of--living or any such similar generalized increases in salary and benefits consistent with those provided to other ~ full-time regular employees of the City. 3. 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, Mayor Approved as to form and legality for Reli by the City of Sebastian only: ~~' ~ ~ . ,'''~ V Rich Stringer, City tt ey ATTEST: ~~~r/a. J anette Williams, eputy City Clerk Employee: ~~` ~ ~ ___~ ~~ Sally A. o •. EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this o7~'i day of October, 2000, by and between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City") and Sally A. Maio (hereinafter referred to as "Ms. Maio") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Ms. Maio as City Clerk of the City of Sebastian; and WHEREAS, the City expects Ms. Maio to perform all of the responsibilities and obligations required of the City Clerk 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 Clerk; and WHEREAS, Ms. Maio is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Clerk; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Ms. Maio hereby agree as follows: I. 1. The City hereby appoints Ms. Maio as the City Clerk of the City of Sebastian, effective as of 5:00 a.m., October 12, 2000, subject to all terms and conditions of this Agreement. The City confers upon Ms. Maio 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 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. III. COMPENSATION AND BENEFITS 3. Salary - Ms. Maio's salary for the initial period of this Agreement shall be $47,500 per year payable in bi-weekly installments. 4. Insurance -The City hereby agrees to provide and pay for health, vision and dental insurance for Ms. Maio and her 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 401 a program, or any new equivalent or enhanced retirement/deferred compensation program instituted by the City on behalf its employees, an amount equivalent to a set percentage of her 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 - Ms. Maio shall be provided vacation leave at the annual rate of 160 hours accrued on a pro-rata basis weekly. Upon termination of employment with the City, Ms. Maio shall be entitled to compensation for all accrued vacation time. 7. Sick Leave - Ms. Maio shall be provided sick leave at the annual rate of 96 hours accrued on a pro-rata basis weekly, however, said amount shall be increased to a matching accrual rate if any other employee of the City is provided sick leave at a higher rate. Upon termination of employment, Ms. Maio shall be entitled to compensation for all accrued sick leave. 8. Disability - Ms. Maio shall be provided disability benefits to a degree equivalent or superior with that provided any other employee of the City. 9. 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 Ms. Maio's responsibilities and duties as City Clerk. 10. Business Expenses- The City agrees to reimburse Ms. Maio for all expenses incurred by Ms. Maio directly related to the performance of her duties as City Clerk This provision however, shall not be construed to require the City to reimburse Ms. Maio for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 11. Other benefits - Ms. Maio 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 AND EVALUATION 12. Evaluation -Upon completion of the first (12) month period of employment Ms. Maio shall be reviewed by the City Council as to her performance. At said time and on each anniversary date of her employment thereafter, the City Council shall evaluate Ms. Maio's performance and may as appropriate increase the salary and benefits of Ms. Maio in a manner consistent with her performance. Any increases in salary or benefits shall be at the sole discretion of City Council. 13. Cost-of-Living Raises - Ms. Maio shall receive cost-of-living or any such similar generalized raises consistent with those provided to other exempt employees of the City. V. RESIDENCY 14. Ms. Maio agrees to remain a resident of the City of Sebastian during the term of this Agreement. VI. FULL-TIME EMPLOYMENT 15. Ms. Maio shall undertake her duties on a full-time basis and shall devote her complete efforts to the business of the City. 16. As part of her duties, Ms. Maio shall attend public meetings, hearings and workshops of the City Council, and meetings of other boards as is in the best interest of the City. 17. Ms. Maio, within sound discretion, shall devote such hours as are reasonably required to properly fulfill her obligations under this Agreement and her duties as City Clerk. 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, the City may only terminate the Agreement without cause if it pays to Ms. Maio an amount equal to three months of her current annual salary. Ms. Maio may terminate this Agreement upon furnishing the City one month's written notice. 19. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Ms. Maio, with cause, pursuant to the terms of the City Charter. 20. If Ms. Maio is terminated for cause, the City shall not be obligated to pay Ms. Maio the additional compensation set forth in Paragraph 18 hereof. VIII. INDEMNIFICATION 21. Subject to any limitations imposed by Florida law, the City shall defend, saue harmless and indemnify Ms. Maio 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 Ms. Maio's acting within the course and scope of her duties as City Clerk. 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. 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 or other communications provided for herein shall be validly 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 329.18 To the Employee: Sally A Maio 773 Jordan Avenue Sebastian, FL 32958 XHI. 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 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 declazatory 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 Sally A. Maio has executed this Agreement, as of the day and year first above written. City of Sebastian, a Florida municipal corporation Walter Barnes, Mayor Sally A. aio ATTEST: ~i~~~ -~o~~E Sr~,r/x~aF~e ~ rt~~ryisT~e~rivE for Sally A. Maio, CMC SPC ~f'ET13~'T' .City Clerk Approved as to form and legality for reliance by the City of Sebastian only: :~ Shl Ric Stringer, City orney