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AGREEMENT TO SERVE AS CITY MANAGER (3) ." I I CITY MANAGER EMPLOYMENT AGREEMENT THIS AMENDMENT made and entered into this j~~ day of February, A.D. by and between the CITY OF CLEARWATER, FLORIDA, a municipal 1991, corporation, hereinafter called "City," as Party of the First Part, and MICHAEL J. WRIGHT, hereinafter called "Employee," as Party of the Second Part. WITNESSETH: WHEREAS, the City employed the services of said Employee in a public meeting on February II, 1991, 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 desi re of the City Commi ss i on (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; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties and Responsibilities A. Employee agrees to serve as City Manager of Clearwater and to fulfi 11 the duti es of that offi ce as set forth in the Ci ty Code and Ci ty 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. Tern A. Nothi ng in thi s agreement shall prevent, 1 imit, or otherwi se 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, 1 imi t, or otherwi se interfere with the right of Employee to resign at any time. IJ~d ;::;Z~~;'f .// _ -i ~ , I 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 time 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 three (3) months' aggregate sa 1 ary made payable on the 1 ast day of his employment. 1. The Employee may elect to treat as termination of his employment by the City, within the meaning of Section 3A of this Agreement, any formal or informal action of the City Commission requesting that he 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 his employment wi th the Ci ty. 2. In the event that Employee is beset with any chronic, debilitating ill ness or injury which prevents Employee from undertaki ng or performing his responsibilities, then, in that event, the Employee may resign his position with payment of severance pay equivalent to three (3) months' aggregate salary, or other amount that the Commission may set. 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 this 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 Employee voluntarily resigns his 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. _ .r- I I Section 4. Salary, Retirement, Vehicle, and Other Benefits A. City agrees to pay Employee for his services pursuant hereto an annual base salary of $80,000 made payable in bi-weekly installments, beginnin9 March 2, I991 with an annual review of salary and benefits on the Employee's anniversary date. B. City agrees to conduct a review of the Employee's performance in September of each year. C. City agrees to contribute an amount equal to six percent (6%) of Employee's annual base salary to the retirement program or plan of Employee's choice. O. 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, he 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 employees, including but not limited to such benefits as social security contributions; holiday and vacation leave; sick leave; and health, hospitalization, life and accident insurance. F. It is recogn i zed tha tEmp 1 oyee mu s t devote a great deal of his time outside normal office hours to business of the City and Employee will be allowed to take reasonable compensatory time as he deems appropriate. G. City agrees to budget and pay the dues and subscriptions of Employee necessary for full participation in national, regional, state, and local associations and organizations necessary and desirable for the good of the City. H. Ci ty hereby agrees to budget and pay the trave 1 and subs i stence expenses of Employee for professional and official travel. Section 5. Other Terms and Conditions of Employment 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 6. General Provisions A. The 1 anguage of the Ci ty Charter wi th regard to the powers and duties of City Manager is incorporated herein by reference. . : I I B. The text herein, including the aforesaid provision of the City Charter and City Code, shall constitute the entire agreement between parties. C. City specifically agrees that, because City Manager is a full-time employee of the City, its sole remedy for any error, omission, negligence, or the like of the City Manager is termination of his employment. D. This Employment Agreement shall become effective as of March 2, 1991, and shall inure to the benefit of the Employee and the executors and the heirs at law of the Employee. E. Employee shall commence his duties as City Manager on March 2, 1991. F. 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 duly executed this I~~ parties below have caused this Agreement to be day of '4~t-.... / , 1991. ATTEST :~- _cni':.of CLEARWATER, FLORIDA ';-- -- 4iY~1t~i~. i-> -. - By: ZiJI?I. ~ Ronald H. Rabun, City Manager Approved as t~ fo~mand correctness: Countersigned: L.itd. By: ~ WITNESSES: