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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