08-07-23 Special Called Meeting of the City Commission Amended Agenda V1
City of Atlantic Beach
Amended Agenda
Special Called Meeting of the City Commission
Monday, August 7, 2023 - 5:20 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE OF ALLEGIANCE
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. PUBLIC COMMENT
3. ACTION ON RESOLUTIONS
*
3.A.
Resolution No. 23-30
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING MIKE
NEW THE CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN
EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER
___, 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS
NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT,
TO EFFECTUATE THE EMPLOYMENT OF MIKE NEW TO SERVE AS CITY MANAGER;
AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 23-30
3 - 10
4. ADJOURNMENT
This meeting will be live-streamed and videotaped. To access live or recorded videos, click on
the Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office by 5:00 PM, the Friday prior to the meeting.
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Special Called Meeting of the City Commission - 07 Aug 2023
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
REPORT
AGENDA ITEM:Appointment of City Manager
SUBMITTED BY:Cathy Varian,Director of Human Resources
TODAY’S DATE:August 2,2023
MEETING DATE:August 7,2023
BACKGROUND:The City advertised for a new City Manager and conducted
interviews with several candidates.On July 31,2023,the Commission voted to offer the position
to Mike New.The Mayor and City Attorney have negotiated an agreement with Mr.New to serve
as the City’s City Manager
BUDGET:$205,000 plus bene?ts
RECOMMENDATION:Consider Resolution No.23-30 appointing Mike New as the City
Manager and consider the attached employment agreement,which has been reviewed and
approved by the City Attorney.
ATTACHMENTS:Resolution No.23-30
Employment Agreement for City Manager Services
BY CITY MANAGER:
Agenda Item #3.A.
07 Aug 2023
Page 3 of 10
Donna L.Bartle,City Clerk Jason Gabriel,City Attorney
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RESOLUTION N O.23-30
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
APPOINTING MIKE NEW THE CITY MANAGER AND AUTHORIZING
THE EXECUTION OF AN EMPLOYMENT AGREEMENT
DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER _,2023;
AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS
NECESSARY,INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT
AGREEMENT,TO EFFECTUATE THE EMPLOYMENT OF MIKE NEW
TO SERVE AS CITY MANAGER;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City Commission voted on July 31,2023 to offer the City Manager
position to Mike New and agreed that the Mayor and the City Attorney would negotiate a contract
with Mike New and bring it back to the City Commission for consideration;and
WHEREAS,the Mayor,City Attorney and Mr.New 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.New as City Manager,effective September ,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 approves the attached employment agreement designating Mike New as 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.New
to serve as City Manager.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 7”‘day of August,2023.
Curtis Ford,Mayor
Approved as to form and correctness:Attest:
Agenda Item #3.A.
07 Aug 2023
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Section 1.Term.
This Agreement shall remain in full force and effect from September 2023 until
terminated by the City or by the City Manager as provided herein.
Section 2.Duties and Authority
A.The City of Atlantic Beach agrees to employ New as its City Manager to perform
the duties and functions specified in the City’s Charter and Code (including but not limited to
Article III,City Charter)and to perform other legally permissible and proper duties and functions
as the City Commission shall from time to time assign.
B.The City Manager is the chief executive of?cer 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 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.
C.Speci?cally,it shall be the duty of the City Manager to employ 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.
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”)is by
and between the City of Atlantic Beach,a municipal corporation (hereina?er referred to as the
“City”),and Mike New a/k/a Gary Michael New (hereinafter referred to as “New”or as “City
Manager”),an individual who has the education,training and experience in local government
management and meets all of the quali?cation requirements of the City Charter including but not
limited to Section 22.
WITNESSETH:
WHEREAS,the City desires to employ New as City Manager of the City of Atlantic Beach,
Florida,as provided for in Section 10 of the City Charter of the City of Atlantic Beach;and
WHEREAS,the City,through its City Commission,desires to provide for certain bene?ts
and compensation for the City Manager and to establish conditions of employment applicable to
the City Manager;and
WHEREAS,New 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:
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Agenda Item #3.A.
07 Aug 2023
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Section 4.Health,Disability and Life Insurance Bene?ts;Housing Allowance;Moving
Allowance.
A.The City agrees to provide and to pay the premiums for vision,dental and
comprehensive medical insurance for the City Manager and his/her dependents,at the mid-level
plan offered to other full-time City employees.The City Manager may elect to upgrade to a higher
plan,but shall pay the cost differential.
B.The City agrees to put into force and to make required premium payments for short
term and long-term disability coverage for the City Manager.
C.The City shall pay the amount of premium for term life insurance in the amount of
$50,000.The City Manager shall name the bene?ciary of the life insurance policy.
D.The City shall pay a housing allowance to New in the annual amount of $20,000.00,
in installments at the same time as the base salary,during the Term of this Agreement with the
following condition:This housing allowance shall cease and terminate immediately upon the
occurrence of the following:(a)the City Charter is amended so that it authorizes the City Manager
to reside outside of the City of Atlantic Beach’s city limits,and (b)New commences to reside
outside of the City of Atlantic Beach.
E.A one-time moving allowance not-to—exceeda total amount of $5,000 shall be
payable to New by the City upon written proof of receipt(s)satisfactory to the City of moving
costs and expenditures related to New’s relocation from his current residence to the City
Section 5.Personal Leave
A.Upon commencing employment the City Manager shall be credited with 40 hours
of personal leave.In addition,beginning the ?rst day of employment,the City Manager shall
accrue personal leave at the rate for employees with “8 years and 1 day thru 10”‘year”under the
same rules and provisions applicable to other employees.
B.The City Manager is entitled to accrue all unused leave,up to 680 hours,and in the
event the his/her employment is terminated,either voluntarily or involuntarily,the City Manager
shall be compensated for all accrued personal leave.
Section 6.Automobile and Phone Allowance
A.The City agrees to pay to the City Manager,during the term of this Agreement and
in addition to other salary and benefits herein provided,the sum of $500 per month,payable
monthly,as a vehicle allowance to be used to purchase,lease or own,operate and maintain a
vehicle.The City Manager shall be responsible for paying for liability,property damage and
comprehensive insurance coverage upon such vehicle and shall further be responsible for all
expenses attendant to the purchase,operation,maintenance,repair and regular maintenance of said
vehicle,including gasoline.The City shall reimburse the City Manager at the IRS standard
mileage rate for any business use of the vehicle beyond 100 miles of the City limit.
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Agenda Item #3.A.
07 Aug 2023
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Section 12.Termination by the City Manager
A.The 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 a
minimum of forty-?ve (45)days prior to the effective date of the termination or resignation.In its
Page 5 of 11
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Section 10.Holidays
The City Manager is entitled to the same paid holidays as the general City staff.
Section 11.Termination by the City and Severance Pay
A.The 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.
B.Should a majority of the entire Commission vote to terminate the services of the
City Manager “without cause”,then within ten (10)business days following such vote,the
Commission shall cause the City Manager to be paid any accrued and unpaid salary and bene?ts
earned as of the date of the vote to terminate (including personal leave but excluding such items
and allowances as are used in conducting City business such as,but not limited to,the use of the
automobile and cell phone allowance).Within forty-?ve (45)calendar days following the vote to
terminate the City Manager’s employment “without cause”,the Commission shall cause the City
Manager to be paid a lump sum severance pay equal to 20 weeks of his base salary as full and
complete payment and satisfaction of any claims of the City Manager of whatsoever nature arising
out of this Agreement or otherwise.As consideration for such payment,the City Manager shall,
prior to receipt thereof,execute and deliver to the City a general release of the City and its
Commission members and its of?cers,agents,and employees for all acts and actions from the
beginning of time until the date of release,in substantially the form which is attached hereto and
made a part hereof as Appendix 1.Any severance pay paid under this Section shall be in
accordance with,and subject to the limits of,Section 215.425,Florida Statutes.
C.In the event the City Manager is terminated “for cause,”the City shall have I_
1QobligationtopaytheamountsoutlinedinSection11,paragraph B of this Agreement or to provide
the general release set forth therein and attached as Appendix 1.For purposes of this Agreement,
“for cause”is de?ned and limited for purposes of this Agreement to any of the following:
1.Conviction or a plea of guilty or no contest to a felony crime,or a misdemeanor
crime involving a breach of public trust,whether or not adjudication is withheld;
2.Violation of any substantive City policy,rule,or regulation,which would subject
any other City employee to termination;
3.Any intentional act involving moral turpitude causing substantial disrepute to the
City;or
4.“Misconduct,”as de?ned in Section 443.036(30),Florida Statutes.
Agenda Item #3.A.
07 Aug 2023
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the City Manager and the 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.
B.Said indemni?cation 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 City Manager,regardless of whether the notice of claim or ?ling of a
lawsuit occurs during or following employment with the City.
Section 16.Bonding
The City agrees to bear the full cost of any ?delity or other bonds required of the City
Manager under any policy,regulation,ordinance or law.
Section 17.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 City Manager’s conduct and actions as City Manager of the City.
Section 18.General Terms and Conditions
A.This Agreement sets forth and establishes the entire understanding between the City
and the City Manager relating to the employment of the City Manager by the City.Any prior
discussions or representations by or between the City and the City Manager are merged into and
rendered null and void by this Agreement.The City and the 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 City Manager as well as their
heirs,assigns,executors,personal representatives and successors in interest.
C.This Agreement shall become effective on September 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 City Manager subsequent to the expungement or judicial
modi?cation of the invalid provision.
E.The parties acknowledge that each has shared equally in the drafting and
preparation of this Agreement and,accordingly,no court construing this Agreement shall construe
it more strictly against one party than the other and every covenant,term and provision of this
Agreement shall be construed simply according to its fair meaning.
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Agenda Item #3.A.
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This Separation of Employment and General Release and Waiver Agreement (Agreement)
is made by and between the City of Atlantic Beach (City)and New (City Manager).
WHEREAS,City has employed City Manager;however the parties wish to enter into a
voluntary agreement to terminate their employment relationship and to resolve any actual or
potential claims that either party may have against the other by reason of City Manager’s
employment or termination thereof.
WHEREAS,the parties desire to set forth the tenns and conditions governing City
Manager’s separation of employment and to provide for the settlement and release of any and all
disputes or controversies that have arisen,or which may hereafter arise,between City and City
Manager,including without limitation,any and all claims arising out of or in any way related to
City Manager’s employment with or separation from the City.
NOW THEREFORE,in consideration of the mutual covenants herein contained and the
mutual benefits to be derived therefrom,the sufficiency of which consideration is hereby
acknowledged by the undersigned,City and City Manager agree and state:
1.TERMINATION OF EMPLOYMENT
Upon their mutual agreement,City Manager’s employment with City shall terminate on
,20__,which shall be (was)City Manager’s ?nal date of employment.
2.NO ADMISSION OF LIABILITY
This Agreement is not an admission by City Manager or City of any wrongful conduct whatsoever.
Both parties deny and disclaim any liability to or wrongful conduct against the other or any third
party.
3.PAYMENT AND BENEFITS
City Manager shall receive his/her last regular paycheck at the regular scheduled payroll date.
Within ten days of this Agreement,City Manager shall receive an additional payment to
compensate for accumulated personal leave,subject to customary payroll deductions.
As consideration for this Agreement and the release contained within,and in full and complete
satisfaction of all obligations due and owing City Manager,City shall:Pay City Manager an
amount equal to twenty (20)weeks of his current salary,subject to customary payroll deductions.
4.SURRENDER AND VACATION OF EMPLOYER’S PROPERTY
Upon execution of this Agreement,City Manager shall deliver all of City’s property in his/her
possession and further,shall vacate City’s property.
5.RELEASE AND WAIVER OF CLAIMS
In consideration of the bene?ts to be provided to City Manager pursuant to this Agreement,City
Manager hereby irrevocably and unconditionally releases,waives,acquits and discharges the,City
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SEPARATION OF EMPLOYMENT AND GENERAL RELEASE AND WAIVER
Agenda Item #3.A.
07 Aug 2023
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Mike New
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appropriate.The parties hereto and each of them,have carefully read this Agreement and
know the contents thereof,and they signed the same freely and voluntarily.
This Agreement sets forth the entire agreement between the parties and supersedes any and
all prior agreements or understandings between the parties pertaining to the subject matter
herein.No waiver of a breach of any provision of this Agreement shall be construed to be
a waiver of any breach of any other provision of this Agreement or of any succeeding
breach of the same provision.No delay in acting with regard to any breach of any provision
of this Agreement shall be construed to be a waiver of such breach.If any provision in this
Agreement is found to be unenforceable,all other provisions will remain fully enforceable.
No promise or inducement has been made or offered,except as herein expressly set forth,
and this Agreement is executed without reliance upon any statement or representation by
any of the released parties or their representatives.
The language of all parts of this Agreement shall,in all cases,be construed as a whole,
according to its fair meaning,and not strictly for or against either party.
This Agreement and any amendments hereto may be executed in multiple counterparts by
the parties,or copied.Each counterpart or copy shall be deemed an original,but all
counterparts together shall constitute one and the same instrument.
JURISDICTION
This Agreementshallbe governed by the laws of the State of Florida,and venue shall be in Duval
County,Florida.
9.BINDING EFFECT
This Agreement shall be binding upon and shall accrue to the bene?t of the parties hereto,their
respective heirs,personal representatives,successors in interest and assigns.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the respective
dates set forth below and each hereby acknowledges receipt of an executed copy of this Agreement.
On behalf of the City of Atlantic Beach,Florida:
Curtis Ford,Mayor
City Manager
Pagell ofll
Date
Date
Agenda Item #3.A.
07 Aug 2023
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