AGREEMENT CHIEF ASST. CITY ATTORNEY
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AGREEMENT
THIS AGREEMENT, made and entered into this
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day of
, A. D. 1975, by and between the CITY OF CLEARWATER,
a municipal corporation, hereinafter called IfCity", as Party of
the First Part, and THOMAS A. BUSTIN, hereinafter called "Employeelf
as Party of the Second Part,
WITNESSETH
WHEREAS, the City employed the services of said Employee on
August /~ , 1975, to serve as City Attorney; and
WHEREAS, it is the desire of the City Commission to provide certain
benefits, establish certain conditions of employment, and to set working
conditions of said Employee; and
WHEREAS, it is the desire of the City Commission to insure the concept
that the City Attorney works for and takes direction from the City Commission
acting as a whole; and
WHEREAS, it is the desire of the City Commission (1) to secure and
retain the services of Employee and to provide inducement for him 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 a deterrent against malfeasance or dishonesty for personal gain on the
part of the Employee, and (4) to provide a just means for terminating Employee's
services at such time as he may be unable fully to discharge his duties due to
age or disability or when City may desire to otherwise terminate his employ;
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
Section 1. Dutie s
A. Employee agrees to serve as City Attorney of Clearwater and to
fulfill the duties of that office as set forth in the City Code and City Charter.
B. Employee agrees to devote his entire working time to his duties as City
Attorney and shall not engage in any other emp10yITlent or busines s activity
without specific prior approval of the City Commis sion.
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Section 2. Term
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.
B. Nothing in this agreement shall prevent, limit or otherwise
interfere with the right of Employee to resign at any time.
Section 3. Termination and Severance Pay
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 Attorney, then in that event the City agrees to pay Employee a lump sum
cash payment equal to three months' salary, but no severance pay shall be
paid if termination is during the first year of employment.
(l) Termination as used in this paragraph means his
discharge or dismissal by the City Commission or his
resignation following a salary or other benefits reduction,
or his resignation following a suggestion to him that he resign
by the City Commis sion, whether formal or informal, public
or private, or his resignation following a reduction of any
other prerequisites of this agreement.
B. In the event the Employee is terminated because of his conviction
of any illegal act involving personal gain to him or conviction of a felony,
City shall have no obligation to pay the aggregate severance sum designated
in this section.
C. In the event the Employee voluntarily resigns his position with the
City, then Employee shall give the City two (2) months' written notice in advance.
Section 4. Salary and Other Benefits
A. City agrees to pay Employee for his services pursuant hereto
an annual base salary of $30,000, payable in installments at the same time
as other employees are paid.
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In addition, City agrees to increase said base salary and/ or other
benefits of Employee in such amounts and to such an extent as the City
Commission may determine that it is desirable to do so on the basis of an
annual salary review. At the annual review, Employee shall provide copies
of this agreement to the City Commission for their information.
B. City agrees to provide Employee other and additional employment
benefits enjoyed by other City employees, including but not limited to such
benefits as holiday and vacation leave, sick leave, health, hospitalization,
life and accident insurance.
C. City agrees to reimburse Employee for out of pocket expenses
incurred while engaged in the conduct of City business and while on official
travel away from the City of Clearwater.
Section 5. Other Terms and Conditions of Employment
A. Employee agrees to maintain his place of residence within the
corporate limits of the City of Clearwater during the term of this agreement.
B. 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 6. General Provisions
A. The text herein shall constitute the entire agreement between
the parties.
B. This agreement shall be binding upon and insure to the benefit
of the heirs at law and executors of Employee.
C. This agreement shall become effective upon execution by the
partie s hereto.
D~ If any provision, or any portion thereof, coli; ained in this agreement
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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.
Countersigned:
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Mayor-Commissi~r
Witnepses:
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As to ployee
Second Part
CITY OF CLEARWATER, FLORIDA
By
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PARTY OF THE FIRST PART
EAL)
PAR TY OF THE SECOND PART
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