AGREEMENT TO SERVE AS INTERIM CITY MANAGER (2)
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ITY OF CLEARWATER
CITY COMMISSION
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CITY HALL, 112 SOUTH OSCEOlA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4050 FAX (727) 562-4052
August14,2000
William B. Horne II
2413 Anthony Avenue
Clearwater, Florida 33759
Dear Mr. Horne:
Recognizing the importance for unclassified (exempt) employees to have a clear
understanding of the nature of their employment relationship with the City, this
Employment Agreement Letter is intended to relate to you the conditions of employment,
the provision of benefits, and the working conditions as Interim City Manager. It is
intended to provide an inducement for you to remain in employment with the City, to
make possible your full work productivity by assuring morale and peace of mind with
respect to future security, to act as a deterrent against malfeasance or dishonesty for
personal gain, and to define the various proper means for severing the employment
relationship, whether by you or the City Commission, in a fair and equitable manner. This
Employment Agreement Letter is effective July 24,2000.
It is agreed by the undersigned that your employment relationship with the City includes
the terms, duties and responsibilities, salary, benefits, and conditions for termination and
severance pay which are listed below:
1, Term:
a. The position of Interim City Manager is unclassified and is exempt from the
City's civil service program and the serves at the pleasure of the City
Commission as a condition of employment.
b. It is the intent of the City Commission that Employee serve as Interim City
Manager until such time as a City Manager is appointed. Further, it is the
intent of the City Commission that if the Employee is not appointed as City
Manager, that at such time as a City Manager is appointed, Employee shall
resume his position as Assistant City Manager. In the event that the City
Manager fails to renew Employee's employment letter, Employee shall be
entitled to severance as provided in that employment letter dated May 19,
1999.
O:\E CITY. O:\E FUl'RE.
BRIA!\]. AUNGST, ivL\YOR-Cmlo!ISSIOl'ER
].B,]OH!\SON, VICE MWOR-CmlMISSIONER
ED Ho\.RT, COMMISSIONER
<i)
BOB ClARK, COMMISSIONER
ED HOOPER, COMMISSIONER
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August 14,2000
c. Nothing in this Employment Agreement Letter shall prevent, limit, or
otherwise interfere with the right of the City Commission to terminate the
services of the Employee at any time in accordance with the applicable
provisions of this Employment Agreement Letter.
d. Nothing in this Employment Agreement Letter shall prevent, limit, or
otherwise interfere with the right of the Employee to resign at any time
subject to the provisions set forth in this Employment Agreement Letter.
2. Duties and Responsibilities:
a. Employee agrees to perform the duties of the position Interim City Manager
as have been discussed by the Employee and the City Commission, and it
is understood that such duties and responsibilities may change from time to
time.
b. Employee agrees to remain in the exclusive employ of the City and shall
not engage in other employment or professional or business activity.
c. Employee agrees to continually provide his/her best efforts to efficiently and
effectively perform his/her duties in a professional manner, uphold City
regulations and policies, support the Council-Manager form of government
as expressed through City Charter of the City of Clearwater, and abide by
ethical standards of conduct, including the City's Code of Ethics.
3. Salary:
a. Employee's annual base salary will be $100,000, which is to be paid in
prorated biweekly amounts. This base salary shall continue until such time
as any adjustment is made pursuant to the provisions of this Employment
Agreement Letter.
b. Employee shall be covered by the federal Social Security.
c. Employee shall participate in the Money Purchase Pension Plan (401A
Plan) as provided in Ordinance 6180-97 adopted August 21, 1997, as
may be amended by the City Commission from time to time.
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August 14, 2000
4. Benefits-Employee will be provided with the following:
a. Coverage under the City's hospitalization and major medical program with
the City paying the cost for the Employee coverage. This program may, at
times, have multiple plan options for the Employee. Employee may include
dependent coverage under the program at the City employee group rate if
desired and subject to such limitations and available options as are
provided in such program. Any other insurance program available to
employees of the executive/managerial group as a whole shall apply to the
Employee.
b. Employee will accrue sick leave at the rate of 2.885 hours per pay period
(the equivalent of ten (10) days per year) or such other rate as may be
amended and/or adopted for executive/managerial personnel as a group
until a maximum of 975 hours is reached. Thereafter, the Employee shall
no longer accrue sick leave, except as may be provided below. Should sick
leave be allowed to accrue as provided below, accrual will be at the rate of
2.885 hours per pay period.
Employee's sick leave bank will not be debited for an absence of less than
one (1) day; however, any absences due to sick leave usage (personal and
family) of one (1) day or more shall be debited to the Employee's sick leave
bank.
After Employee reaches his/her sick leave cap, Employee thereafter will not
be charged for the first ten (10) days of sick leave (personal and family)
used each calendar year. Sick leave used in excess of ten (10) days in the
calendar year shall be debited to the Employee's sick leave bank. The
Employee shall not accrue sick leave to replace that debited amount,
except as provided below.
In the event that a major illness or injury results in the Employee's
continuous absence for a period in excess of sixty (60) days, upon the
Employee's return to work, the City Manager may, at his sole discretion,
authorize the Employee's sick leave accrual to recommence.
Because of the provisions in the paragraphs above, Employee does not
participate in the City's sick leave incentive program.
c. Employee will accrue and utilize vacation consistent with the provisions and
limitations provided to the SAMP employee group of the City.
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August 14, 2000
d. Employee will be eligible to participate in the City's Tuition Refund Program
consistent with the level of benefit provided to other executive/managerial
employees as a group.
e. Employee will be provided with thirteen (13) paid holidays each year taken
in accordance with practices utilized for other executive/managerial
personnel (typically consistent with the holidays provided in the collective
bargaining agreement with the general employee group).
f. Employee will receive a car allowance in the amount of $400.00 per
month.
If any of the benefits referred to above are modified for the members of the
executive/managerial group of employees of the City as a whole, then such
modifications will apply to the undersigned Employee.
5. Termination and Severance Pay:
a. Termination Without Cause. Failure to appoint Employee as City Manager
shall not constitute termination. In the event Employee is terminated by the
City Commission before the City Commission has appointed a City
Manager during such time that Employee is willing and able to perform the
duties of Interim City Manager and such termination is without cause, then,
in this event, the City Commission agrees to pay the Employee on the last
day of employment:
1. A lump sum cash payment equal to four (4) months' aggregate
salary. (Aggregate salary shall include the base compensation of the
Employee and the 401A Plan. 401A payments that are due shall be
deposited with the appropriate fund for the benefit of the employee.)
2. All accumulated and unused vacation time of the employee provided
the employee has served for at least one year.
3. All accumulated and unused floating holidays of the employee.
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Further, the City Commission agrees that the City will pay the cost for the
employee's continued personal coverage under the City's major medical
and hospitalization program or alternative HMO program, where applicable
and available through the City, for the first month after Employee's
termination. (This provision relates to the continuation of the employee's
personal coverage under COBRA.)
b. Termination Because of IlIness/lniurv. In the event Employee is terminated
by the City Commission because the Employee is beset with any chronic
debilitating illness or injury which prevents employee from undertaking or
performing Employee's responsibilities, then, in that event, the City
Commission agrees to pay the Employee on the last day of employment:
1. A lump sum cash payment equal to four (4) months' aggregate
salary.
2. All accumulated and unused vacation time of the employee provided
the employee has served for at least one year.
3. All accumulated and unused floating holidays of the employee.
4. Payment for all accumulated and unused sick leave at the time of
termination.
Further, the City Commission agrees that the City will pay the cost of the
Employee's continuing personal coverage under the City's major medical
and hospitalization program or alternative HMO program, where applicable
and available through the City, for the first four months after the employee's
termination. (This provision relates to the continuation of the employee's
personal coverage under COBRA.)
c. Termination for Cause. In the event the Employee is terminated by the City
Commission for cause, the Employee shall receive no severance pay but
shall be paid only for any accrued and unused vacation leave and floating
holidays.
d. Voluntarv Resianation. In the event the Employee resigns to seek or to
accept other employment or for reasons other than those enumerated in "a"
through "c" above, and such resignation is accepted by the City
Commission, the Employee shall continue in his employment with all
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August 14, 2000
pay and benefits until the effective resignation date unless the Employee
subsequently elects to amend that resignation date to an earlier time or the
Employee is placed on administrative leave with pay as hereinafter
provided. The parties agree that it is reasonable that in no event shall the
City Commission accept a resignation more than six (6) months in advance.
Employee agrees to inform the City Commission in writing of a voluntary
resignation and shall provide at least thirty (30) days' notice in advance
unless the Employee and City Commission otherwise agree.
In the event of a resignation as provided in this subsection, the
Employee shall not receive any severance pay nor sick leave pay but
shall be paid for any accrued and unused vacation leave and floating
holidays as of the effective date of the resignation.
Notwithstanding the above provisions, termination for cause may
supersede the voluntary resignation provisions where the actions of the
Employee which demonstrate cause occur after the acceptance of the
resignation; and, in that event, provisions of paragraph "c" shall apply.
If this Employment Agreement Letter confirming your employment relationship with the
City is satisfactory to you, including the acknowledgment of your status as an unclassified
employee and the provisions herein relating to term, duties and responsibilities, salary,
benefits, and termination and severance pay, please sign below as Employee and return
a signed and dated copy of this Employment Agreement Letter.
By:
Brian J. Aungst,
er
:rrr-d as to tonn:
Pamela K. Akin, City Attorney
Attest:
- [..
E. Goudeau, City Clerk
~YEE ACKNOWlEDGEMEN~ AND ACCEPTAN~;
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I iam B. Horne \I Date signed
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