AGREEMENT TO SERVE AS CITY MANAGER (4)
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CITY MANAGER
EMPLOYMENT AGREEMENT
TillS AGREEMENT made and entered into this J 7~ day of May, A,D. 1994, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called
"City," as Party of the First Part, and ELIZABETH M. DEPTULA, hereinafter called
"Employee," as Party of the Second Part.
WITNESSETH:
WHEREAS, the City employed the services of said Employee in a public meeting on
April 4, 1994, to serve as City Manager; and
WHEREAS, it is the desire of the City Commission to provide certain benefits, establish
certain conditions of employment, and set working conditions of said Employee; and
WHEREAS, it is the desire of the City Commission (1) to secure and retain the services
of Employee and to provide inducement for her to remain in such employment, (2) to make
possible full work productivity by assuring Employee's morale and peace of mind with respect
to future security, (3) to act as deterrent against malfeasance or dishonesty for personal gain on
the part of the Employee, and (4) to provide ajust means for terminating Employee's services;
and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties and ResDonsibilities
A. Employee agrees to serve as City Manager of Clearwater and to fulfill the duties
of that office as set forth in the City Code and City Charter.
B. Employee agrees to remain in the exclusive employ of the City and shall not
engage in any other employment or business activity, without specific prior approval of the City
Commission,
Section 2. Tenn
A. 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 in accordance with
the applicable provisions of the City Charter.
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B. othing in this agreement shall prevent, limit, or otherwise i ere with the right
of Employee to resign at any time.
C. Nothing in this agreement shall be construed to establish a fixed time or fixed
term of office,
Section 3. Tennination and Severance Pav
A. In the event Employee is terminated by the City Commission during such time that
Employee is willing and able to perform the duties of City Manager, then in that event the City
agrees to pay Employee on the last day of her employment: A lump sum cash payment equal
to three (3) months aggregate salary; all accumulated and unused vacation time and floating
holidays of the employee. The City will provide professional out placement services up to a
maximum expense equivalent to one month of employee's salary,
1. The Employee may elect to treat as termination of her employment by the City,
within the meaning of Section 3A of this Agreement, any formal or informal
action of the city Commission requesting that she resign, or any other action of
the City Commission whose purpose is to eliminate or reduce any of the benefits
or prerogatives to, which the Employee is entitled under this Employment
Agreement, Charter, or Code of Ordinances or the status or role of the City
Manager as contemplated herein, or whose purpose is to induce the City Manager
to terminate her employment with the City.
2. In the event that Employee is beset with any chronic, debilitating illness or injury
which prevents Employee from undertaking or performing her responsibilities,
then, in that event, the Employee may resign her position with payment of
severance pay equivalent to three (3) months' aggregate salary and all
accumulated and unused vacation time, floating holidays as of the date of
termination.
3. Aggregate salary as used in this section shall include the compensation and
retirement provided for in Section 4, A and C.
B. In the event Employee is terminated because of conviction of any illegal act
involving personal gain to herself or conviction of a felony, City shall have no obligation to pay
the aggregate severance benefits described in Section 3 A.
C, City specifically agrees that, because City Manager is a full-time employee of the
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City, its so medy for any error, omission, negligence, or the liKe 0 City Manager is
termination of her employment.
D. In the event Employee voluntarily resigns her position with the City, then
Employee shall inform the City in writing and shall give the City two (2) month's notice in
advance, unless the parties otherwise agree.
E, This Agreement shall be terminated by the death of the EMPLOYEE as of the
date of death. In the event of the Employee's death, the CITY shall pay a designated beneficiary
of the EMPLOYEE or her estate all accrued compensation due EMPLOYEE under this
Agreement within ten (10) working days of the EMPLOYEE's death.
Section 4. Salarv. Retirement. Vehicle. and Other Benefits
A, City agrees to pay Employee for her services pursuant hereto an annual base
salary of $80,000 made payable in bi-weekly installments, beginning April 4, 1994 with a review
of salary and benefits in September 1994 and annually in September each year thereafter.
B. Employee continues to be covered by the Employee's Pension Plan.
C. City agrees to contribute an amount equal to six percent (6%) of Employee's
annual base salary to the City sponsored deferred compensation program.
D, Employee shall be provided a $400 per month local area car allowance with all
operating and insurance costs to be borne by employee. In the event Employee travels outside
a local radius of 100 miles on official City business, she shall be reimbursed the same rate as
all other employees,
E. City agrees to provide Employee other and additional employment benefits
enjoyed by other City SAMP employees, including but not limited to such benefits as holiday
and vacation leave; and health, hospitalization, life and accident insurance, except that Employee
will no longer accumulate additional sick leave hours.
F. The City agrees to pay Employee upon retirement one-half of the 1,271.4
accumulated sick leave hours as calculated for pay period ending April 30, 1994. If sick leave
surpasses 10 days in anyone year, the Employee agrees to charge the additional hours to the
accumulated balance.
G. City agrees to budget and pay the dues and subscriptions of Employee necessary
for full participation in national, regional, sate, and local associations and organizations
necessary and desirable for the good of the City.
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H. tty hereby agrees to budget and pay the travel ana suB nce expenses of
Employee for professional and official travel.
1. In accord with the City Charter, the Employee shall establish residency within the
City within one year of appointment to the City Manager position. The City shall pay all direct
moving expenses related to the moving and relocation of the Employee's family.
Section 5. Performance Evaluation
A. The City shall review and evaluate the performance of the Employee at least once
annually in accord with City Charter provisions. Said review and evaluation shall be in
accordance with specific criteria developed jointly by the City and the Employee. Said criteria
may be added or deleted as the City may from time to time determine, in consultation with the
Employee. Further, the City Commission shall provide the employee with a written summary
of the findings of the evaluation and shall provide for the employee to discuss the evaluation
with the City Commission.
B. 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.
C, In effecting the provisions of this section, the City Commission, City, and
Employee mutually agree to abide by the provisions of applicable law.
Section 6. Other Terms and Conditions of Emolovrnent
A. The City Commission shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the performance of Employee,
provided such terms and conditions are not inconsistent with or in conflict with the provisions
of this agreement, or the City Charter, or any other law.
Section 7. General Provisions
A. The Members of the City Commission and the City Manager agree to work in a
spirit of open communication and cooperation, in an atmosphere of mutual trust and support to
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attain shar.als. I ~ I .
B. The language of the City Charter with regard to the powers and duties of City
Manager is incorporated herein by reference. The text herein, including the aforesaid
provision of the City Charter and City Code, shall constitute the entire agreement between
parties.
C. This Employment Agreement shall become effective as of April 4, 1994, and shall
inure to the benefit of the Employee and the executors and the heirs at law of the Employee.
D. If any provision, or any portion thereof, contained in this Agreement is held to
be 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.
In WITNESS WHEREOF, the parties below have caused this Agreement to be duly
executed this 11""'- day of May, 1994.
ATTEST:
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth ~:tu~y Manager
Approved as to form and co
Countersigned:
By:
WITNESSES :
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