Exh 8Ke
D
9~~~1-qq
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Proposed City Manager Employment Contract
DATE: September 23, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: Consistent with direction from the City Commission, I have
negotiated a contract with Mr. Jim Hanson for the position of City
Manager. The base salary is $86,500 annually, and there are a
variety of additional benefits which are commonly included in City
Manager employment contracts including Health and Accident
Insurance, car allowance, retirement, moving expenses, etc.
The contract has been reviewed, modified, and approved by staff
and by the City Attorney. The City Manager is hired by the City
Commission, and the contract is being presented to the City
Commission for its approval. The proposed starting date is
October 4, 1999.
RECOMMENDATION: To approve the employment contract for Mr. Jim Hanson as the
City Manager for the City of Atlantic Beach.
ATTACHMENT: Proposed Contract
,rte
REVIEWED BY CITY MANAGER: '~~/
AGENDA ITEM NUMBER:
THIS AGREEMENT, made and entered into this 27th day of September, 1999, by and between the
City of Atlantic Beach, state of Florida, a municipal corporation, hereinafter called "Employer," as
party of the first part, and James R. Hanson, hereinafter called "Employee ", as party of the second
part, both of whom agree as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of said James R. Hanson as City Manager of the
City of Atlantic Beach, as provided by Section 10 and. Section 21 of the Charter of the City of Atlantic
Beach and WHEREAS, it is the desire of the governing board, hereinafter called "City Commission,"
to provide certain benefits, to establish certain conditions of employment, and to set working conditions
of said Employee; and
WHEREAS, Employee desires to accept employment as City Manager of said City; and
WHEREAS, The parties acknowledge that Employee is a member of the International City/County
Management Association (ICMA} and that Employee is subject to the ICMA Code of Ethics;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as
follows:
Page 1 of 10
Section 1: Duties
Employer hereby agrees to employ said James R. Hanson as City Manager of said Employer to
perform the functions and duties specified in said Charter and Code of Ordinances of the City of
Atlantic Beach and to perform other legally permissible and proper duties and functions as the City
Commission shall from time to time assign. .~
Section 2: Term
A. It is the intent of the City Commission as the governing body of Atlantic Beach to appoint
Employee as City Manager of the City of Atlantic Beach for an indefinite term and in
furtherance thereof James R. Hanson is hereby appointed as City Manager of Atlantic Beach
effective October 4, 1999, and continuing for an indefinite term thereafter; provided however,
that the indefinite term shall be for a term of one (1) year which shall be automatically renewed
from year to year thereafter upon the anniversary date of such appointment unless either party
shall, prior to such anniversary date or at anytime, terminate or cancel this agreement as
hereinafter provided.
B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City
Commission to terminate the services of Employee at any time, subject only to the provisions
set forth in Section 4, paragraphs A and B, of this agreement.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with Employer, subject only to the provision
set forth in Section 5 of this agreement.
Section 3: Suspension
Employer may suspend the Employee with full pay and benefits at any time during the term of this
agreement, but only if .the majority of the City Commission agrees.
Page 2 of 10
Section 4: Termination, Cancellation and Severance Pay
A. Either Party shall have the right to terminate or cancel this agreement and the employment
contemplated hereby without cause at any time. If the Agreement shall be canceled or
terminated by Employer, such cancellation shall be effective immediately upon the delivery by
Employer of its notice of desire to terminate or cancel to employee. Employee shall likewise
have the right to cancel or terminate this agreement without cause by the delivery of a notice of
cancellation to the City Commission of the City of Atlantic Beach, at least thirty (30) days prior
to the effective date of such cancellation or termination unless such .written riotice shall be
waived by the Employer. In the event of the termination or cancellation of this Employment
Agreement by the Employer and during such time that Employee is willing and able to perform
his duties under this agreement, then in that event, Employer agrees to pay Employee a lump
sum cash payment equal to six (6) months' aggregate salary, benefits, and deferred
compensation. Employee shall also be compensated for all earned sick leave, vacation,
holidays, compensatory time, personal leave and other accrued benefits to date. In the event
Employee is terminated because of his conviction by a competent tribunal of any illegal act
constituting a misdemeanor involving a breach of public trust or a felony then, in that event,
Employer shall have no obligation to pay the aggregate severance sum designated in the above
paragraph.
B. In the event Employer at any time during the term of this agreement reduces the salary or other
financial benefits of Employee in a greater percentage than an applicable across-the-board
reduction for all employees of Employer, or in the event Employer refuses, following written
notice, to comply with any other provision benefiting Employee herein, or the Employee
resigns following a suggestion, whether formal or informal, by the City Commission that
he/she resign, then, in that event Employee may, at his/her option, be deemed to be
"terminated" at the date of such reduction or such refusal to comply within the meaning and
context of the herein severance pay provision.
Page 3 of 10
Section 5: Disability
If Employee is permanently disabled or is otherwise unable to perform his/her duties because of
sickness, .accident, injury, mental incapacity or health for a period of four successive weeks beyond any
accrued leave, Employer shall have the option to terminate this. agreement, subject to the severance
pay requirements of Section 4, paragraph A.
Section 6: Salary
Employer agrees to pay Employee for his/her services rendered pursuant hereto an annual base salary
of $86,500, payable in installments at the same time as other management employees of the Employer
are paid.
In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts
and to such extent as the City Commission may determine that it is desirable to do so on the basis of an
annual salary review of said Employee made at the same time as similar consideration is given other
employees generally.
Section 7: Goals and Objectives
A. Annually, the City Commission and Employee 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 and shall further establish a relative
priority among those various goals and objectives, said goals and objectives to be reduced to
writing. They shall generally be attainable within the time limitations as specified and the
annual operating and capital budgets and appropriations provided.
B. In effecting the provisions of this Section, the City Commission and Employee mutually agree
to abide by the provisions of applicable law.
Page 4 of 10
Section 8: Hours of Work
It is recognized that Employee must devote a great deal of time outside the normal office hours to
business of the Employer, and to that end Employee will be allowed to take compensatory time off as
he/she shall deem appropriate during said normal office hours provided that the leave does not result in
an adverse effect on the operations of the City.
Section 9: Outside Activities
Employee shall not spend more than 10 hours per week in teaching, consulting or other non-Employer-
connected business without the prior approval of the City Commission.
Section 10: Moving and Relocation Expenses
Employee shall be reimbursed, or Employer may pay directly, for the expenses of packing and moving
Employee, Employee's family, and Employee's personal property from Marietta, Georgia to Atlantic
Beach which shall include unpacking, any storage costs necessary, and insurance charges. Employee
must obtain approval from the Employer prior to commiting funds for these purposes. Employer shall
pay directly, or Employee shall be reimbursed for one half ('/a) of the expenses of packing and moving
Employee's personal property from a home rented by Emplayee in Atlantic Beach to a home purchased
by Employee in Atlantic Beach, if Employee cannot find a suitable home to purchase initially upon
beginning employment.
Section 11: Automobile
Employee's duties require that he/she shall have the exclusive and unrestricted use at all times during
his/her employment with Employer of an automobile. In lieu of providing the Employee with a City
vehicle, Employer shall pay to Employee the sum of four hundred ($400) dollars per month as an
automobile allowance. This amount shall be increased annually at the same time and in the same
percentage as the salary is increased as provided in Section 7.
Page 5 of 10
Section 12: Leave
As an inducement to Employee to become City Manager, at signature hereof, Employee shall accrue,
and have credited to his/her personal account, personal leave at a rate of twenty one (21) days per year.
After five (5) years of service, the rate of accrual shall increase to twenty-six (26) days per year and,
after ten (10) years of employment, shall increase to thirty-one (31) days per year.
Section 13: Disability, Health, and Life Insurance
Employer agrees to provide hospitalization, surgical and comprehensive medical insurance for
Employee and his dependents and to pay the premiums thereon for the health insurance policy which is
provided all other employees of Employer. Employer also agrees to put into force and to make required
premium payments for Employee for all other forms of insurance, which are provided to all other
employees of Employer.
Section 14: Retirement
Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation
(ICMA-RC) or any other similar retirement plan chosen by Employee, for Employee's participation in
said plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to
pay an amount equal to nine and one quarter (9.25 %) percent of Employee's base salary into the plan
or plans chosen by Employee on employee's behalf, in equal proportionate amounts each pay period,
and to transfer ownership to succeeding employers upon Employee's resignation or termination.
Section 15: Dues and Subscriptions
Employer agrees to pay for professional dues and subscriptions of Employee necessary for his/her
continuation and full participation in national, regional, state, and local associations and organizations
necessary and desirable for his/her continued professional participation, growth, and advancement, and
Page 6 of 10
- - __
Section 22: No Reduction of Benefits
Employer shall not at any time during the term of this agreement reduce the salary, compensation or
other financial benefits of Employee, except to the degree of such a reduction across-the-board for all
employees of the Employer.
Section 23: Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal
Service, postage prepaid, addressed as follows:
(1) EMPLOYER: City Commission of the City of Atlantic Beach, 800 Seminole Road,
Atlantic Beach, Florida 32233-5445
(2) EMPLOYEE: James R. Hanson [address to be added or amended after move to
Atlantic Beach]
Alternatively, notices required pursuant to this agreement may be hand delivered or personally served
in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the
date of hand delivery or personal service or as of the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
Section 24: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors
of Employee.
C. This agreement shall become effective commencing October 4, 1999.
D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional,
invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
Page 9 of 10
IN WITNESS WHEREOF, the City of Atlantic Beach has caused this agreement to be signed. and
executed on its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed
and executed this agreement, both in duplicate, the day and year first above written.
Suzanne Shaughnessy, Mayor of Atlantic
Beach, Florida
ATTEST:
Maureen King, City Clerk
(Seal)
APPROVED AS TO FORM:
City Attorney
Employee: James R. Hanson
Page 10 of 10