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CITY ATTORNEY EMPLOYMENT AGREEMENT ! ":. I I CITY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this ~~~ day of August, 1994, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "City," and PAMELA AKIN, hereinafter called "Employee." WITNESSETH: WHEREAS, the City employed the services of the Employee in a public meeting on August 29, 1994, 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 set working conditions of the Employee; and WHEREAS, it is the desire of the City Commission: (1) to secure and retain the services of the Employee and to provide inducement for her to remain in such employment; (2) to make possible full work productivity by assuring the Employee1s 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 the Employee's services; now, therefore, In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties and Responsibilities. A. The 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 the City Charter, as they may be amended from time to time. B. The Employee agrees to remain in the exclusive employ of the City and shall not engage in any other employment or business activity without specific r!i!-; ~proval of the City Commission. .~ ,', ; I I 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 the Employee at any time in accordance with the applicable provisions of the City Charter, as it may be amended from time to time. B. Noth i ng in th i s Agreement sha 11 prevent, 1 i mi t or otherwi se interfere with the right of the 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 the Employee is terminated by the City Commission during such time that the Employee is willing and able to perform the duties of City Attorney, then in that event the City agrees to pay the Employee on the last day of her employment a lump sum cash payment equal to three (3) months aggregate salary and all accumulated and unused vacation time and floating holidays of the Employee. 1. Termination of the Employee's employment by the City within the meaning of Section 3A of this Agreement shall mean any formal action by the City Commission requesting that she resign or dismissing her from her employment with the City. The Emp 1 oyee may elect to treat as termination of her employment by the City within the meaning of Section 3A of this Agreement any other action of the City Commission which eliminates or reduces any of the benefits or prerogatives to which the Employee is entitled under this Employment Agreement, the City Charter, or the City Code of Ordinances or the status or role of the City Attorney as defined in the Charter, or whose purpose is to induce the Employee to terminate 2 ,,*. I I her employment with the City. 2. In the event that the Employee is beset with any chronic, debilitating illness or injury which prevents the Employee from undertaking or performing her responsibilities, then in that event the Employee may resign her position with payment of severance pay equivalent to three (3) months I aggregate sa 1 ary and all accumu 1 ated and unused vacation time and floating holidays as of the date of termination. 3. 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 conviction of any illegal act involving personal gain to herself or conviction of a felony, the City shall have no obligation to pay the aggregate severance benefits described in Section 3A. C. The City specifically agrees that, because the City Attorney is a full-time employee of the City, its sole remedy for any error, omission, negligence or the like of the Employee is termination of her employment. D. In the event the Employee voluntarily resigns her position with the City, then the Employee shall inform the City in writing and shall give the City two (2) months's notice in advance, unless the parties otherwise agree. E. This Agreement shall be terminated by the death of the Employee as of the date of death. In the event of the Employee's death, the City shall pay a designated beneficiary of the Employee or her estate all accrued compensation due the Employee under this Agreement within ten (10) working days of the Employee's death. Section 4. Salary, Retirement, Vehicle, and Other Benefits. A. The City agrees to pay the Employee for her services pursuant hereto 3 I I an annual base salary of $80,000 payable in biweekly installments, beginning October 3, 1994, with an interim review of salary and benefits in March, 1995, and annually in September each year thereafter. B. The City agrees to contribute an amount equal to 6% of the Employee1s annual base salary to the City-sponsored deferred compensation program. C. The City agrees to provide the Employee other and additional employment benefits enjoyed by City SAMP employees, including but not limited to such benefits as holiday and vacation leave and health, hospitalization, life and accident insurance. The Employee will be allowed 10 days of sick leave per year and will be allowed to accumulate sick leave up to a maximum of 975 hours. D. The City agrees to budget and pay the dues and subscriptions of the Employee necessary for full participation in national, regional, state, and local associations and organizations necessary and desirable for the good of the City. E. The City hereby agrees to budget and pay the travel and subsistence expenses of the Employee for professional and official travel. F. The Employee shall establish residency within the City within one year of appointment to the City Attorney position. The City shall pay all direct moving expenses related to the moving and relocation of the Employee's family. Section 5. Performance Evaluation. A. The City Commission shall review and evaluate the performance of the Employee at least once annually in accordance with the City Charter. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Commission and the Employee. Said criteria may be added or deleted as the City Commission may from time to time determine in consultation with the Employee. Further, the City Commission shall provide the Employee with a written 4 . " , , I I summary of the findings of the evaluation and shall provide for the Employee to discuss the evaluation with the City Commission. B. Annually, the City Commission and the Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the Legal Department and in the attainment of the City Commission1s policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this section, the City Commission, the City and the Employee mutually agree to abide by the provisions of the City Charter. Section 6. Other Terms and Conditions of Employment. A. The City Commission shall fix any such other terms and conditions of employment as it may determined from time to time relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. Section 7. General Provisions. A. The Members of the City Commission and the Employee agree to work in a spirit of open communication and cooperation, in an atmosphere of mutual trust and support to attain shared goals. B. The language of the City Charter, as it may be amended from time to time, with regard to the powers and duties of the City Attorney is incorporated herein by reference. The text herein, including the aforesaid provisions of the City Charter and the City Code, shall constitute the entire agreement between the 5 " ) '. I ' I I parties. C. This Employment Agreement shall become effective as of October 3, 1994, and shall inure to the benefit of the Employee and the executors and the heirs at law of the Employee. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed this '}o~ day of August, 1994. CITY OF CLEARWATER, FLORIDA By: Eh~- Eliza th M. eptula City anager ita Garvey Mayor-Commissioner Attest: ia E. Clerk WITNESSES: EMPfl ~ 4 Pamela K. Akin Q.~~Jy~ , r ~7Il aA -e~ ~ ~ 6