AGREEMENT TO SERVE AS CITY MANAGER
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AGREEMENT
THIS AGREEMENT, made and entered into this 2( -r-' day of
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, A. D. 1977, by and between the CITY OF CLEARWATER,
RIDA, a municipal corporation, her einafter called" City", as Party of
the First Part, and ANTHONY L. SHOEMAKER, hereinafter called
"Employee" as Party of the Second Part,
WITNESSETH
WHEREAS, the City employed the services of said Employee on
June 2, 1977, 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 to 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 him to remain
in such employment, (2) to make possible full work productivity by assuring
Employee's morale and peace af 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. Duties
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 devote his entire time to his duties as City
Manager and shall not engage in any other employment or business activity,
without specific prior approval of the City Commission.
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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.
C. Nothing in this agreement shall be construed to establish a fixed
time or fixed term of office.
Section 3. Termination and Severance Pay
A. In the event Employee is terminated by the City Commission
during such tiIne that Employee is willing and able to perform the duties of
City Manager, then in that event the City agrees to pay Employee a lump sum
cash payment equal to two (2) months' aggregate salary.
(1) 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 Commission, whether formal or informal, public
or private, or his resignation following a reduction of any
other prerequisites of this agreement.
(2) Aggregate salary as used in this section shall include
the compensation and retirement provided for in Section 4,
A and B.
B. In the event the Employee is terminated because of his conviction
of any illegal act involving personal gain to hiIn or conviction of a felony,
City shall have no obligation to pay the aggregate severance sum designated
in this section.
C. In the event Employee voluntarily resigns his position with the City,
then Employee shall give the City two (2) months' notice in advance.
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Section 4. Salary, Retirement, and Other Benefits
A. City agrees to pay Enlployee for his services pursuant hereto
an annual base salary of $35,000, payable in installrrtents at the same time
as other employees are paid.
B. City agrees to contribute an amount no less than equal to six
per cent (6%) of Enlployee's annual base salary to the retirement program
or plan of Employee's choice.
C. City agrees to provide Employee other and additional employment
benefits enjoyed by other City employees, including but not limited to such
benefits as social security contributions, holiday and vacation leave, sick
leave, health, hospitalization, life and accident insurance.
D. City agrees to reimburse Employee for out,of-pocket expenses
incurred while engaged in the conduct of City busines s and while on official
travel away from the City of Clearwater in accordance with established
schedules.
Section 5. Other Terms and Conditions of Employment
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 Enlployee, 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 inure to the benefit
of the heirs at law and executors of Enlployee.
C. This agreement shall become effective upon execution by the
parties hereto.
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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.
Counter signed:
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(~,c<,..' ~ht' .-e?-u/'l . ~
Mayor-Commissio . ~
CITY OF CLEARWATER, FLORIDA
By My{~
Assistant City Manager
City Clerk
Party of the First Part
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As to City - Party of First Part
Party of the Second Part
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