AGREEMENT CITY ATTORNEY
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AGREEMENT
THIS AGREEMENT, made and entered into this
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day of
l~] , 1985, by and between the CITY OF CLEARWATER, FLORIDA,
a mun cipal corporation, hereinafter called "City," and FRANK X. KOWALSKI,
hereinafter called "E mployee."
WITNESSETH:
WHEREAS, the City employed the services of said Employee on
January 15, 1976; and
WHEREAS, it is the desire of the City 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 (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 Employeels services at such time as he may be unable fully to
discharge his duties due to age or disability or when City Attorney 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 Chief Assistant 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 time to his duties as Chief
Assistant City Attorney and shall not engage in the practice of law for compensation
without specific prior approval of the City Attorney.
Section 2. Term
A. Nothing in this agreement shall prevent, limit or otherwise interfere
with the right of the City Attorney 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.
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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 Attorney, the City
agrees to pay Employee a lump sum cash payment equal to four (4) months' aggregate
salary.
(1) Termination as used in this paragraph means his discharge or
dismissal by the City Attorney or his resignation followng a salary or other benefits
reduction, or his resignation following a suggestion to him that he resign by the City
Attorney, whether formal or informal, public or private, or his resignation following a
breach or 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 him or conviction of a felony, the 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,
Employee shall give the City a minimum of one (1) month notice in advance.
Section 4. Salary, Retirement, and Other Benefits
A. For as long as Employee serves in the capacity of Acting City
Attorney, he shall be entitled to a supplement of 10% above his gross pay (including
deferred compensation). This provision shall only be retroactive to April 1, 1985.
B. All other salary and benefits shall be calculated according to the
Employee's original employment date, January 15, 1976.
C. Employee shall be entitled to all the benefits provided for in the
Executive Pay Plan, including but not limited to salary, vacation, deferred
compensation, social security contributions, holidays, sick leave, health, life,
hospitalization, accident and professional malpractice insurance, and additional fringe
benefits option program.
D. Employee shall be entitled to be considered for salary adjustments and
other benefits based upon his years of service, performance, and the provisions of the
Executive Pay Plan.
E. The City agrees to reimburse Employee for out-of-pocket and travel
expenses on City business according to established schedules.
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F. Upon separation from the City service, Employee shall be paid in cash
one-half of his accumulated, unused sick leave, the rate of payment to include the
total gross salary of the employee at the time of separation, including deferred
compensation.
G. The City Attorney or City Commission may confer additional salary
increases or benefits upon the Employee in addition to those herein provided, but shall
not withhold any benefits otherwise provided for.
Section 5. 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 Employee.
C. This agreement shall become effective upon execution by the parties
hereto and shall continue in full force and effect for a period of one year from the
date hereof, and shall be automatically extended for additional one-year periods unless
either party shall give sixty (60) days' written ntoce of intent not to renew.
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.
Approved as to form and
correctne s:
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Attest: ---
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City Clerk ----<_.~'.:--
Witnesses:
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As to Employee
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Prank X. Kow ki, Employee
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