Resolution No. 23-04RESOLUTION NO. 23-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPOINTING JOSEPH GERRITY THE INTERIM CITY MANAGER AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE MARCH 13,
2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS
NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT
AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF JOSEPH
GERRITY TO SERVE AS INTERIM CITY MANAGER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on January 23`d, 2023, the City Commission agreed by consensus to consider
the hiring of Joseph Gerrity as Interim City Manager for a period of six months, with a possible
extension; and
WHEREAS, the City Commission agreed that the Mayor would negotiate a contract with
Joseph Gerrity and bring it back to the City Commission for consideration; and
WHEREAS, the Mayor and Mr. Gerrity have negotiated a proposed employment
agreement, which is now being presented to the City Commission for its consideration; and
WHEREAS, it is the desire of the City Commission to enter into the attached employment
agreement appointing and designating Mr. Gerrity as Interim City Manager, effective March 13,
2023.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. Pursuant to Section 21 and Section 10 of the City Charter, the City
Commission hereby appoints Joseph Gerrity as Interim City Manager and hereby approves the
attached employment agreement designating Joseph Gerrity as the Interim City Manager.
SECTION 2. The City Commission hereby authorizes the Mayor to execute the
employment agreement and any documents necessary to effectuate the employment of Mr. Gerrity
to serve as Interim City Manager.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
13
PASSED AND ADOPTED by the City of Atlantic Beach, this h day of February, 2023.
r�
Curtis Ford, Ma or
Resolution No. 23-04 Page 1 of 2
Attest:
A/
V jowd, I �
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jasonb City A orney
Resolution No. 23-04 Page 2 of 2
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement") is by
and between the City of Atlantic Beach, a municipal corporation (hereinafter referred to as the
"City"), and Joseph Gerrity (hereinafter referred to as "Gerrity" or as "Interim City Manager"), an
individual who has the education, training, experience, and qualifications required pursuant to
Section 22 of the City Charter to serve as Interim City Manager.
WITNESSETH:
WHEREAS, the City desires to employ Gerrity as Interim City Manager of the City of
Atlantic Beach, Florida, as provided for in the City Charter of the City of Atlantic Beach; and
WHEREAS, the City, through its City Commission, desires to provide for certain benefits
and compensation for the Interim City Manager and to establish conditions of employment
applicable to the Interim City Manager; and
WHEREAS, Gerrity desires to accept employment as Interim 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 and effect for six months commencing on March
13, 2023, or until terminated by the City or by the Interim City Manager as provided herein, or
extended by mutual agreement of the parties.
Section 2. Duties and Authority
A. The City of Atlantic Beach agrees to employ Joseph Gerrity as its Interim City
Manager to perform the duties and functions specified in the City's Charter and Code of
Ordinances and to perform other legally permissible and proper duties and functions as the City
Commission shall from time to time assign.
B. The Interim City Manager is the chief administrative officer of the City and shall
faithfully perform the duties as prescribed in the job description as set forth in the City's Charter
and/or Ordinances (including but not limited to Article III, City Charter) and as may be lawfully
assigned by the City and shall comply with all lawful Commission directives, state and federal
law, City policies, rules and ordinances as they exist or may hereafter be amended.
Page 1 of 5
50256715 vl
C. Specifically, it shall be the duty of the Interim City Manager to employee on behalf
of the City all other employees of the organization consistent with the policies of the governing
body and the ordinances and charter of the City.
D. It shall also be the duty of the Interim City Manager to direct, assign, reassign and
evaluate all of the employees of the City consistent with policies, ordinances, charter, state and
federal law.
E. It shall also be the duty of the Interim City Manager to organize, reorganize and
arrange the staff of the City and to develop and establish internal regulations, rules and procedures
which the Interim City Manager deems necessary for the efficient and effective operation of the
City consistent with the lawful directives, policies, ordinances, state and federal law.
F. It shall also be the duty of the Interim City Manager to accept all resignations of
employees of the City consistent with the policies, ordinances, state and federal law, except the
Interim City Manager's resignation, which must be accepted by the Commission.
G. The Interim City Manager shall perform the duties of Interim City Manager of
Atlantic Beach with reasonable care, diligence, skill and expertise.
H. All duties assigned to the Interim City Manager by the Commission shall be
appropriate to and consistent with the professional role and responsibility of the Interim City
Manager.
I. The Interim City Manager or designee shall attend and shall be permitted to attend,
all meetings of the Commission.
J. The Commission, individually and collectively, shall refer in a timely manner all
substantive criticisms, complaints and suggestions called to their attention to the Interim City
Manager for study and/or appropriate action.
Section 3. Compensation
A. The City agrees to pay the Interim City Manager an annual salary of $160,000,
payable in installments at the same time as other City employees are paid.
B. The City may increase said salary and/or other benefits of the Interim City Manager
in such amounts and to such an extent as the City Commission may determine desirable. This
Agreement shall be automatically amended to reflect any salary adjustments that are provided to
the Interim City Manager by the Commission.
C. Annually, and in compliance with the provisions of applicable law, the City
Commission and Interim 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. Said goals and objectives shall be generally attainable within
Page 2 of 5
50256715 vi
the time limitations as specified and the annual operating and capital budgets and appropriations
provided.
Section 4. City Cell Phone
The City shall provide the Interim City Manager with a city -issued cell phone.
Section 5. Holidays
The Interim City Manager is entitled to the same paid holidays as the general City staff.
Section 6. Termination by the City
The Interim City Manager shall serve at the pleasure of the City Commission, and the City
Commission may terminate this Agreement and the City Manager's employment with the City at
any time, for any reason or for no reason.
Section 7. Termination by the City Manager
The Interim City Manager may terminate this Agreement or voluntarily resign at any time
by delivering to the City Commission a written notice of termination or voluntary resignation.
Section 8. Indemnification.
A. Subject to the limitations set forth in Section 768.28, Florida Statutes, and without
waiving the sovereign immunity of the City, the City shall defend, hold harmless, and indemnify
the Interim City Manager against any action for any injury or damage suffered as a result of any
act, event, or omission of action committed by the Interim City Manager within the scope of his
employment hereunder, provided that the Interim City Manager timely reports the same to the City
Commission and cooperates fully and honestly in the City's defense thereof. The City may
compromise and settle any such claim or suit and pay the amount of any settlement or judgment
rendered thereon. The provisions of this Section shall not apply to any claim, demand, suit or
cause brought or asserted against the Interim City Manager for his acts or omissions committed
while acting outside the course and scope of his employment under this Agreement, committed in
bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, property or civil rights. In such instance, the City shall be under no
affirmative obligation to indemnify or defend the Interim City Manager and the Interim City
Manager shall be solely responsible for all costs associated with his legal defense and any
settlement(s) or judgment(s) rendered in connection with the charged conduct.
Page 3 of 5
50256715 vl
B. Said indemnification shall extend beyond the termination of employment and the
expiration of this Agreement to provide protection for any such acts undertaken or committed in
his capacity with the City as Interim City Manager, regardless of whether the notice of claim or
filing of a lawsuit occurs during or following employment with the City.
Section 9. Bonding
The City agrees to bear the full cost of any fidelity or other bonds required of the Interim
City Manager under any policy, regulation, ordinance or law.
Section 10. Code of Ethics
The "Code of Ethics" promulgated by the ICMA, as may from time to time be amended,
is incorporated herein, and by this reference made a part hereof. Said "Code of Ethics" shall
furnish principles to govern the Interim City Manager's conduct and actions as Interim City
Manager of the City.
Section 11. General Terms and Conditions
A. This Agreement sets forth and establishes the entire understanding between the City
and the Interim City Manager relating to the employment of the Interim City Manager by the City.
Any prior discussions or representations by or between the City and the Interim City Manager are
merged into and rendered null and void by this Agreement. The City and the Interim City Manager
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. This Agreement shall be binding on the City and the Interim City Manager as well
as their heirs, assigns, executors, personal representatives and successors in interest.
C. This Agreement shall become effective on March 13, 2023.
D. The invalidity or partial 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 the City and Interim City Manager subsequent to the expungement or judicial
modification of the invalid provision.
Page 4 of 5
50256715 vi
Executed by the City of Atlantic Beach, Florida this _ day of , 2023.
CITY OF ATLANTIC BEACH, FLORIDA
Curtis Ford, Mayor
Donna Bartle, City Clerk
Executed by the INTERIM CITY MANAGER this day of , 2023
Joseph Gerrity
Page 5 of 5
50256715 vi