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12-02-92 v J CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING OF THE CITY COMMISSION WEDNESDAY, DECEMBER 2 , 1992, 7 P.M. AGENDA 1 . Discussion and related action regarding the City ' s contract with Jim Jarboe 2 . Discussion and related action regarding Town Center ' s request to close Atlantic Boulevard from Ocean Blvd . to the beach December 6 , 1992 Adjournment MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 6:30 P. M. ON WEDNESDAY, DECEMBER 2, 1992 Present: William I. Gulliford, Jr. , Mayor Glenn A. Edwards Lyman T. Fletcher and Adelaide R. Tucker And: Trudy Lopanik, Substituting for City Clerk Kirk Wendland, Finance Director Alan Jensen, City Attorney Commissioner Dezmond Waters and City Clerk Maureen King were excused. The Mayor called the meeting to order and explained the following items would be discussed: 1 . Discussion and related action regarding the City' s contract with Jim Jarboe 2. Discussion and related action regarding Town Center' s request to close Atlantic Boulevard from Ocean Blvd. , to the beach, December 6, 1992. The Mayor asked Kirk Wendland, Finance Director, to explain the proposed Temporary Employment Agreement for James R. Jarboe. Mr. Wendland explained the agreement extended the temporary employment of Mr. Jarboe until June 30, 1993 (copy of the proposed agreement is attached hereto and made a part hereof ) . He added the present agreement was effective until December 2, 1992. He referred to Paragraph 4 and explained the aggregate sum of $82, 215 referenced in Paragraph 3 included $10, 000 of Community Development Block Grant funds, which could only be expended for work performed on projects which were CDBG eligible. He added if Mr. Jarboe performed CDBG eligible services in an amount less than $10, 000, the aggregate sum of the contract would be reduced by the amount of CDBG eligible funds not expended. The Mayor referred to Paragraph 7 and indicated the dates of employment were incorrect and should read as follows: the employee' s performance shall commence on the 2nd of December, 1992 and continue no longer than the 30th of June, 1993. Commissioner Tucker moved for Authorization of the Temporary Employment Agreement between the City of Atlantic Beach and James R. Jarboe. She added the Agreement shall be amended as follows: Paragraph 7 shall read "the employee ' s performance under this agreement shall commence on the 2nd of December, 1992 and continue no longer than the 30th of June, 1993. " The motion was seconded by Commissioner Edwards. Page 2 Minutes of Special City Commission Meeting Wednesday, December 2, 1992 A discussion ensued concerning the possibility of retaining Mr. Jarboe on a permanent basis. Everyone agreed that Mr. Jarboe was of great help to the City and it was unanimously agreed that efforts should be made to try to retain Mr. Jarboe as a permanent employee. A discussion ensued concerning the Temporary Employment Agreement and it was explained the Agreement was an extension of an existing contract which was effective beginning April 27, 1992. It was decided to amend the first paragraph to indicate the agreement was executed on the 2nd day of December, 1992 instead of the 27th day of April, 1992, and to amend the amount of compensation in Paragraph 3 to $37, 000, instead of $82, 215. It was decided to indicate in the agreement that no monies to fund this contract would come from Reserve Funds, and Kirk Wendland was requested to furnish a report indicating where the funds would be derived. Commissioner Fletcher made a Substitute Motion as follows: Authorize execution of the Temporary Employment Agreement between the City of Atlantic Beach and James R. Jarboe with the following amendments: (a) no monies to fund the contract would come from Reserve Funds, with a report being furnished to the Commission indicating where the funds would be derived (b) the agreement would be executed December 2, 1992 and continue no longer than June 30, 1993 (c) the City agreed to pay a sum not to exceed an aggregate of $37, 000. The motion was seconded by Commissioner Tucker and was unanimously approved. Ray Salman indicated the Community was aware of Mr. Jarboe' s support and assistance and heartily supported his being considered as a full time employee, and he asked the Commission to place this in a form of formal motion. It was moved by Commissioner Tucker to authorize the Mayor to engage in negotiations with James R. Jarboe, with the assistance of the City Manager to seek funding for the proposed position of Deputy City Manager, and to inform Mr. Jarboe that the full City Commission endorses this action. The motion was seconded by Commissioner Edwards and was unanimously approved. The Mayor referred to the request of Commission Fletcher to close Atlantic Boulevard from Ocean Blvd. to the beach on December 6, 1992, for the Town Center Holiday Fest, "Singing in the Streets. " • Page 3 Minutes of Special City Commission Meeting Wednesday, December 2, 1992 It was moved by Commissioner Fletcher to authorize the closing of Atlantic Boulevard from Ocean Boulevard to the Beach on December 6, 1992, for the Town Center Holiday Fest, "Singing in the Streets. " The motion was seconded by Commissioner Tucker and was unanimously approved. Commissioner Tucker referred to the Charter Revision Committee and indicated two members had not responded to notices of meetings, and she asked for Commission approval that if a Charter Revision Member missed three meetings without being excused, he would automatically be removed from the committee. The Commission voiced their agreement. There being no further bu iness . com- sefore the Ci y Commission, the Mayor declared the m:-ti • adjourne• :t 7 05 p. . _ A 11 a it iam I . Gulli or. Mayor/Presiding Off - 11 ATTES T: Maure n King City Clerk TEMPORARY EMPLOYMENT AGREEMENT This agreement is made and executed this 27th day of April 1992 by and between the City of Atlantic Beach, Florida, a Municipal Corporation (hereinafter referred to as City) , and James R. Jarboe of Atlantic Beach, Florida. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS : 1 . The City agrees to retain James R. Jarboe , hereinafter referred to as temporary employee in the capacity of Deputy City Manager for the City of Atlantic Beach. 2 . The temporary employee agrees to use his expertise and best efforts in performing the responsibilities of but not limited to research and study relating to various projects assigned by the Mayor , City Commission or City Manager. Each project shall be defined in detail (scope of services) with a not to exceed cost determined and to be enforced unless amended by the Mayor, City Commission or City Manager. 3 . In consideration for the above services rendered by the temporary employee as set forth in Paragraphs 1 and 2 , the City agrees to pay him the sum not to exceed $38 . 00 per hour , not to exceed an aggregate of $82 ,215 , paid bi-weekly which shall constitute full and complete compensation for all services rendered. The City shall deduct from the weekly gross wages due Federal Income Tax Withholding and Social Security . By executing this agreement the temporary employee expressly acknowledges that he is not entitled to any of the usual and customary benefits , terms and conditions of employment with the City. It is further agreed that the temporary employee will not receive eight hours pay for any holiday during which the City is closed for business . 4. The aggregate sum referenced in part 3 , above includes $10,000.00 of Community Development Block Grant funds, which can only be expended for work performed on projects which are CDBG eligible. If the temporary employee performs CDBG eligible services in an amount less than $10,000.00, the aggregate sum of the contract will be reduced by the amount of CDBG eligible funds not expended. Any and all work performed for the various enterprise funds will be billed directly to the enterprise fund(s) to which the work is related. 5 . The temporary employee understands and expressly agrees that he is a temporary employee for all purposes , including a Federal or State Statute , and that he may not be deemed or construed to be a regular employee of the City . The temporary employee further understands and expressly agrees that the City shall not provide any retirement benefits , personal leave benefits , and that he will be responsible for his own health, disability and life insurance coverage . The temporary employee further understands and agrees that his employment is not regulated by or subject to the personnel policies governing permanent employees of the City contained in the City Charter, Code of Ordinances , or elsewhere . The temporary employee further understands and agrees that he will not be eligible for unemployment compensation benefits upon the termination of this Agreement under any circumstances . 6 . This contract may be terminated by either party hereto with notice of (30) thirty days upon the giving of written notice . 7 . The temporary employee ' s performance under this agreement shall commence on the 30th of June, 1993 and continue no longer than the 31st of December , 1992 , unless extended by the mutual agreement of the parties , or unless this Agreement is terminated sooner in accordance with the provisions set forth in Paragraph 5 above . 8 . The City expressly claims and the temporary employee agrees that only an employment at will relationship exists between the parties and that this agreement incorporates the complete and only terms of that relationship . 9 . The provisions of this Agreement are severable , and if any part of it is found to be unenforceable , the other paragraphs shall remain fully valid and enforceable . This agreement shall survive the termination of any agreements contained herein. 10. This Agreement sets ' forth the entire Agreement between the parties hereto , and fully supersedes any and all prior agreements and understandings between the parties hereto pertaining to the subject matter hereof . Dated this day of , 19 By WITNESSED: James R. Jarboe 332 4th Street Atlantic Beach, FL 32233 In compliance with the Charter of the City, I do certify that there is an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing contract and provision has been made for the payment of the monies therein to be paid up to the amount budgeted. Director of Finance APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney City Manager