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Van Liere, Nelson - City Manager Employment AgreementTHE CITY OF ATLANTIC BEACH, FLORIDA AND NELSON VAN LIERE t i f.-4011°P ( k 1.) vi J1I 1 EMPLOYMENT AGREEMENT THE CITY OF ATLANTIC BEACH,FLORIDA AND NELSON VAN LIERE EMPLOYMENT AGREEMENT TABLE OF CONTENTS Introduction P. 1 Section 1: Term P. 1 Section 2: Duties and Authority P. 1 Section 3: Compensation P. 2 Section 4: Health,Disability and Life Insurance Benefits P. 2 Section 5: Vacation and Sick Leave P. 3 Section 6: Vehicle Allowance P.3 Section 7: Retirement P.3 Section 8: General Business Expenses P. 4 Section 9: Termination P. 4 Section 10: Severance P. 5 Section 11: Resignation P. 5 Section 12: Performance Evaluation P. 6 Section 13: Hours of Work P. 6 Section 14: Ethical Commitments P. 6 Section 15: Outside Activities P. 6 Section 16: Moving and Relocation Expenses P. 6 Section 17: Indemnification P. 7 Section 18: Bonding P. 7 Section 19: Other Terms and Conditions of Employment P. 7 Section 20: Notices P. 8 Section 21: General Provisions P. 8 THE CITY OF ATLANTIC BEACH,FLORIDA AND NELSON VAN LIERE EMPLOYMENT AGREEMENT Introduction This EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement"), is made and entered into on this day of December 2014, by and between the City of Atlantic Beach, Florida, a Florida municipality, (hereinafter referred to as "Employer" or "City") and Nelson Van Liere, (hereinafter referred to as `Employee"), as provided for in Section 10 of the Charter of the City of Atlantic Beach. WHEREAS, the City desires to employ Nelson Van Liere as City Manager of the City of Atlantic Beach, Florida; and WHEREAS, the City, through its City Commission, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, Employee desires to accept employment as City Manager of the City of Atlantic Beach under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1: Term This agreement shall remain in full force in effect from December l'`, 2014, until terminated by Employer or Employee as provided in Sections 9, 10 or 11 of this Agreement. Section 2: Duties and Authority Employer agrees to employ Nelson Van Liere as the City Manager to perform the functions and duties specified in the Charter and Ordinances of the City of Atlantic Beach. Employee is the chief executive officer of the Employer and shall faithfully perform the duties, responsibilities and powers as prescribed in the job description as set forth in the City of Atlantic Beach Charter and/or Ordinances and as may be lawfully assigned by the Employer and shall comply with all lawful governing body directives, state and federal law, Employer policies, rules and ordinances as they exist or may hereafter be amended and functions as authorized and directed by the Atlantic Beach City Commission. The City Manager agrees to perform all duties and responsibilities faithfully, industriously, and to the best of his ability and in a professional and competent manner. Page 1 of 9 Annually, and in compliance with the provisions of applicable law, the City Commission and City Manager shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the City Commission's policy objectives. The City Commission and City Manager shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. Said goals and objectives shall be generally attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $130,000, payable in installments in accordance with the Employer's usual payroll schedule. B. This Agreement shall be automatically amended to reflect any salary adjustments that are authorized by the Atlantic Beach City Commission. C. Consideration shall be given on an annual basis to an increase in compensation. D. Employer may increase Employee's compensation dependent upon the results of a performance evaluation conducted pursuant to the provisions of Section 12 of this Agreement. Increased compensation may take the form of a salary increase and/or bonus. Section 4: Health,Disability and Life Insurance Benefits Although Employee does not wish to accept this benefit at the time of execution of this Agreement, the Employer agrees to make available and if the Employee elects to accept insurance coverage, the Employer will make the premium payments for health, hospitalization, surgical, vision, dental and comprehensive medical insurance benefits for the Employee and his dependents equal to that which is provided to all other non-collective bargaining unit employees of the City of Atlantic Beach. In the event no such plan exists, Employer shall provide such coverage for the Employee and his dependents. The Employer agrees to provide and to make the required premium payments for long- term disability coverage for the Employee. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardio-vascular examination, by a qualified physician selected by the Employee,the cost of which shall be paid by the Employer. The Employer shall pay the amount of premium due for term life insurance in the amount of$250,000. The Employee shall have the right to name the beneficiary of the life insurance policy. Employee is automatically entitled to any other standard benefits available to non- collective bargaining unit employees of the City as may now exist or be made available during the term of this contract. Page 2 of 9 Section 5: Vacation and Sick Leave Upon commencing employment pursuant to this Agreement, the Employee shall have access to a bank of 240 hours of leave. This leave can be used as either vacation or sick leave. Thereafter, the employee shall then accrue leave in accordance with other non-collective bargaining City employees. The Employee is entitled to accrue all unused leave, with a limit of 680 hours. In the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued leave as provided for in this Agreement. Employee is automatically entitled to any other holidays and standard leave available to non-bargaining unit employees of the City as may now exist or be made available during the term of this Agreement. Section 6: Vehicle Allowance and Communication Equipment The Employee is required to be on call for twenty-four hour service. In recognition thereof, the Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of$500.00 per month as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a personal vehicle. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for gas, oil and all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall provide the Employee with a cellular telephone allowance of$50.00 per month to compensate him for the business use of his personal telephone. In the event of base salary adjustment(s) as contemplated in Section 3 of this Agreement, allowances under this Section shall be adjusted at the same time and in the same percentage as the base salary is adjusted. Section 7: Retirement The Employer agrees to enroll the Employee in an appropriate retirement program as designated by the City Manager and to make all the appropriate employer contributions on the Employee's behalf. Employer agrees to pay an amount equal to ten percent (10%) of Employee's base annual salary, in equal proportionate amount each pay period. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefit. Page 3 of 9 Section 8: General Business Expenses A. Employer agrees to pay for professional dues and subscriptions of the Employee necessary for full participation in national, regional, state and local associations and organizations necessary for the Employee's continued professional growth and advancement, and for the good of the Employer. B. Employer agrees to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, Florida League of Cities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer agrees to pay for tuition, registration fees, and travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. Employee and Employer will agree on a process for advance approval of such professional development expenses that exceed $250 per event, requires overnight travel, or requires absence from the office for more than one-half day. D. Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs and organizations. Accordingly, Employer agrees to pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local/regional civic clubs and organizations. E. Sections A. through D. of Section 8 above will be subject to annual appropriations and applicable Employer expense policies. The Finance Director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits, submitted in accordance with the Employer's policies relating thereto. Section 9: Termination For the purpose of this agreement,termination shall occur if: A. A majority of the Atlantic Beach City Commission votes to terminate the Employee at a duly noticed and authorized public meeting, after proceedings held in accordance with the City Charter; or B. The Employer, citizens or state legislature acts to amend any provisions of the Charter of the City of Atlantic Beach, Florida, codified Ordinances pertaining to the role, powers, duties, authority, or responsibilities of the Employee's position that substantially changes the form of government. Page 4 of 9 C. The Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads. D. The Employee resigns following a written request to resign made by a representative of or representatives of the majority of the City Commission. E. Breach of this Agreement declared by either party with a thirty (30) day cure period for either Employee or Employer. Written notice of a breach of Agreement shall be provided in accordance with the provisions of Section 21. Section 10: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 9. Any severance pay paid under this Section shall be in accordance with, and subject to the limits of, Section 215.425, Florida Statutes. If the Employee is terminated, the Employer shall provide severance equal to twenty (20) weeks' salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. The Employee shall also be compensated for accrued earned leave to a maximum of 680 hours and all paid holidays. The Employer agrees to make a contribution to the Employee's retirement account on the value of this compensation calculated using the rate ordinarily contributed on regular compensation. For a period of twenty(20) weeks following the date of termination, or until such time as equivalent benefits are available through a new employer, whichever comes first, the Employer shall pay the costs to continue the following benefits: 1. Health insurance for the employee and all dependents as provided in Section 4; 2. Life insurance as provided in Section 4; 3. Long-term disability as provided in Section 4; and 4. Any other standard benefits available to non-collective bargaining unit employees of the City. If the Employee is terminated because of a conviction of any misdemeanor or felony, then the Employer is not obligated to pay severance under this section. Section 11: Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide the Employer with not less than thirty (30) days advance written notice of his resignation, unless the parties agree otherwise. Page 5 of 9 5 Section 12: Performance Evaluation Employer shall annually review the performance of the Employee. The evaluation process, at a minimum, shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within thirty (30) days of the evaluation meeting. A copy of the evaluation criteria is incorporated by reference and attached hereto as Exhibit"A". Section 13: Hours of Work It is expected that the Employee will typically work during normal City Hall office hours. However, it is recognized that the Employee must devote a great deal of time outside those normal office hours on business for the Employer. Accordingly, and to that end, Employee may establish his own work schedule, subject to reasonable direction by Employer. Employee is not eligible for overtime or paid compensatory hours. Section 14: Ethical Commitments Employee will at all times uphold the tenets of the ICMA Code of Ethics, a copy of which is attached hereto as Exhibit `B" and incorporated herein. Specifically, Employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Employer shall support Employee in keeping these commitments by refraining from any order, direction or request that would require Employee to violate the ICMA Code of Ethics. Specifically, neither the governing body nor any individual member thereof shall request Employee to endorse any candidate, make any financial contribution, sign or circulate any petition, or participate in any fund-raising activity for individuals seeking or holding elected office, nor to handle any matter of personnel on a basis other than fairness, impartiality and merit. Section 15: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities as long as such arrangements do not interfere with or cause a conflict of interest with Employee's responsibilities pursuant to this Agreement. Section 16: Moving and Relocation Expenses Employee agrees to establish residence in accordance with requirements of the Charter of the City of Atlantic Beach. Page 6 of 9 Employer shall pay Employee for reasonable moving expenses of the Employee and his family and personal property. Moving expenses shall include packing, moving, storage costs, unpacking, and insurance charges. Employee shall obtain at least three quotes and endeavor to take advantage of professional discounts to minimize this expense. Employer agrees to pay to the Employee the amount equal to the median quote of the three quotes. Section 17: Indemnification Beyond that required under Federal, State and Local law, Employer shall defend, hold harmless and indemnify Employee 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 in the performance of and arising out of the course and scope of Employee's duties as City Manager, or resulting from the exercise of judgment or discretion in connection with the performance of the duties or responsibilities of the City Manager, unless the act or omission involved willful or wanton conduct. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties and occurring within the course and scope of his employment. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section,to be available. Employer agrees to pay Employee's reasonable litigation expenses, including travel expense, throughout the pendency of any litigation to which the Employee is a party or witness. Such expense payments shall continue beyond Employee's service to the Employer as long as the litigation is pending. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance, and professional liability insurance. Section 19: Other Terms and Conditions of Employment The Employer, upon agreement with Employee, may provide for such other terms and conditions of employment as it may determine from time to time relating to the performance and duties of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Charter of the City of Atlantic Beach, Ordinances or any other applicable law. Page 7 of 9 Section 20: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service,postage prepaid, addressed as follows: EMPLOYER:EMPLOYEE: City of Atlantic Beach Nelson Van Liere 800 Seminole Road 12448 Gately Road South Atlantic Beach, Florida 32233 Jacksonville, Florida 32225 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs,assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement is effective nunc pro tunc to December 1s1, 2014. D. Severability. The invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Precedence. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of Commission's policies, or Employer's ordinance or Employer's rules and regulations, or any permissive state or federal law, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over contrary provisions of Commission's policies, or Employer's ordinances, or Employer's rules and regulations or any such permissive law during the term of this Agreement. Page 8 of 9 Executed in the City of Atlantic Beach, Florida on this IL— day of December 2014. Carolyn R.woods Nelson Van Liere Mayor Approved as to form: Rich Komando, City Attorney Page 9 of 9