AGREEMENT TO SERVE AS CITY MANAGER (9) AGREEMENT
This Agreement is entered into this 16th day of September 2021 by and
between the CITY OF CLEARWATER, FLORIDA (hereinafter the "City"), and Jon
Jennings (hereinafter the"Employee").
WHEREAS,the City Council selected Employee at a public meeting on
September 3, 2021, to serve as City Manager;and
WHEREAS, it is the desire of the City Council that the City enter into this
agreement 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 Council: (1) to secure and retain the
services of Employee and 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
WHEREAS, The Employee has the professional experience and qualifications in
municipal management required to hold the position of City Manager and desires to
hold the position under the terms and conditions herein; now therefore,
IN CONSIDERATION of the mutual covenants contained herein,the parties agree
as follows:
Section 1. Duties and Responsibilities.
(a) Employee agrees to serve as City Manager of the City of Clearwater and to
fill the duties of that office as set forth in the City Code and City Charter and to perform
such other legally permissible and proper duties and functions as City Council shall
determine.
(b) Employee shall commence employment November 8th, 2021. This
Agreement shall remain in effect until terminated by the City or by Employee as
provided herein.
(c) 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 Council.
(d) Employee agrees to continually provide his best efforts to efficiently and
effectively perform his duties in a professional manner, uphold the City regulations
and policies, support the council/manager form of government as expressed in
the City Charter,advance the mission statement values and principles of operation as
adopted by the City Council, and abide by ethical standards of conduct including State
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law, City Code and the Code of Ethics of the International City/County Management
Association.
(e) Employee shall establish and maintain residency within the City within one
year of date of employment.
Section 2. Term.
(a) Employee serves at will at the pleasure of the City Council. Nothing in
this agreement shall prevent,limit, or otherwise interfere with the right of the City Council
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 the Employee to resign at any time.
(c) Nothing in this agreement shall be construed to establish a fixed term
of office.
Section 3. Salary and Other Benefits.
(a) The City agrees to pay Employee for his services pursuant hereto an annual
base salary of$230,000 made payable in biweekly installments beginning November 8th,
2021, with a review of salary and benefits annually in October of each year beginning in
2022.
(b) The City agrees to contribute an amount equal to 15 percent of Employee's
annual base salary to the City's Money Purchase Pension Plan on behalf of Employee,
such contributions to be made on a pro rata biweekly basis.
(c) Employee shall be covered by federal social security.
(d) Employee shall be provided the following benefits at City's cost and
expense:
1. Coverage under the City's hospitalization, major medical,and dental
programs with the City paying the cost for Employee coverage. This program may at
times have multiple plan options for 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 provided in such program.
2. Employee will be provided with eleven paid holidays each year
taken in accordance with practices utilized for other executive/managerial personnel.
3. The City agrees to pay the reasonable dues and subscriptions
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of Employee necessary for full participation in national, regional, state and local
associations and organizations necessary and desirable for the good of the City.
4. The City agrees to pay travel and subsistence expenses of
Employee for professional and official travel as provided by City policy.
5. Employee will be provided with a $600.00 per month car allowance.
6. Employee shall be given "general leave" in lieu of vacation, sick
leave, and floating holidays at a rate of 35 days per year to be accrued biweekly
beginning on November 8th, 2021. Accumulation of general leave shall be capped at
120 days. When Employee reaches the cap, the City Council agrees to consider an
increase to the cap or buyback of leave.
7. Employee will be provided life and disability insurance as is provided to
City managerial and executive(SAM P)employees.
8. Employee will be reimbursed up to $35,000 as follows: a) up to
$25,000 for the actual and reasonable cost of moving, packing and storing expenses
for the complete move of household goods, vehicles, and personal effects to the City
of Clearwater. This shall include the cost of travel for up to three trips to Clearwater,
including air fare, vehicle rental and hotel stays. Reimbursement of such actual and
reasonable costs shall be made upon presentation of supporting documents. b)The
amounts reimbursed shall be grossed up to provide for reimbursement of income tax
withholding and social security tax withholding not to exceed $10,000.
Section 4. Termination and Severance Pay.
(a) The City specifically agrees that because the City Manager is a full-time
employee of the City, the sole remedy for any error, omission, negligence or the
like of the City Manager is termination of employment, except as otherwise provided
by state law.
(b) Employee agrees that because his continued employment as City
Manager is solely at the discretion of the City Council, should employment be
terminated by the City Council for any reason, Employee hereby expressly waives
any right to seek redress in any manner except as herein provided.
(c) Termination Without Cause, In the event Employee is terminated by
the City Council during such time that Employee is willing and able to perform the
duties of City Manager and such termination is without cause, then in this event the
City agrees to pay Employee on the last day of employment:
1. A lump sum cash payment equal to twenty(20)weeks aggregate
salary at the rate in effect at the time of termination. (Aggregate salary shall include
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the base compensation of Employee and the City's contribution to the Money
Purchase Pension Plan. The City's Money Purchase Pension Plan payments that
are due shall be deposited with the appropriate fund for the benefit of Employee.)
2. All accumulated and unused general leave (as herein defined) of
Employee.
(d) Termination of Employee's agreement by the City within the meaning of
this section shall mean any formal or informal action of the City Council requesting
that he resign or dismissing him from his employment with the City. Employee may
elect to treat as termination of his employment by the City, within the meaning of
this section of the agreement, any other action of the City Council which eliminates
or reduces benefits to which Employee is entitled under this Employment
Agreement, the City Charter, or the City Code of Ordinances or the role of City
Manager as defined in the Charter, in a greater percentage than an applicable
across-the board reduction for other executive/managerial personnel of the City
whose purpose is to induce Employee to terminate employment with the City.
(e) Termination Because of Illness or lniury. In the event Employee is
terminated by the City Council or elects to resign his position because Employee is
beset with any chronic, debilitating illness or injury which prevents Employee from
undertaking or performing the responsibilities of the position of City Manager, then in
that event the City Council agrees to pay Employee on the last day of employment:
1. A lump sum cash payment equal to twenty (20) weeks aggregate
salary at the rate in effect at the time of termination. (Aggregate salary shall include
the base compensation of Employee and the City's contribution to the Money
Purchase Pension Plan. The City's Money Purchase Pension Plan contribution payments
that are due shall be deposited with the appropriate fund for the benefit of Employee).
2. All accumulated and unused general leave of Employee.
(f) Termination for Cause. In the event Employee is terminated by the City
Council for proper and just cause, including but not limited to misfeasance,
malfeasance, neglect of duty, or conviction of a felony, Employee shall receive no
severance pay but shall be paid only for any accrued and unused general leave.
(g) Voluntary Resignation. In the event Employee resigns to accept other
employment or for reasons other than those enumerated above, Employee shall not
receive any severance pay, but shall be paid for the accrued and unused general leave
as of the effective date of the resignation. Employee agrees to inform the City
Council in writing of voluntary resignation and shall provide at least two months'
notice in advance unless Employee and City Council otherwise agree.
(h) In the event of termination as set forth herein other than a voluntary
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resignation pursuant to Paragraph (g) above, the City agrees to continue paying its
portion of medical insurance,including but not limited to, COBRA benefits for Employee
only,for a period not to exceed the severance period provided herein. In the event that
during such period Employee shall obtain other employment wherein such benefits are
paid, the City's obligation to continue paying such medical and other insurance shall
cease as of the effective date of such other insurance coverage or the end of the
severance period, whichever comes first.
Section 5. Performance Evaluation.
(a) The City Council shall review Employee at least once annually in
accordance with the City Charter. That review and evaluation shall be in accordance
with specific criteria developed jointly by the City Council and Employee. Said criteria
may be added or deleted as the City Council may from time to time determine in
consultation with Employee.
(b) Annually the City Council and Employee shall define such goals and
performance objectives as they determine necessary for proper operation of the City
and the attainment of the City Council's 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 limit as
specified in the operating budget and capital improvements and appropriations provided.
(c) In effectuating the provisions of this section, the City Council and
Employee mutually agree to abide by the provisions of the City Charter.
Section 6. Other Terms and Conditions of Employment.
(a) The City Council shall fix any such other reasonable terms and
conditions of employment as it may determine from time to time regarding the
performance of Employee provided such terms and conditions are not inconsistent
or conflict with the provisions of this agreement,the City Charter or any other law.
(b) Employee agrees to attend the Clearwater City Council's 2021 trip to
Philadelphia, September 10th through the 12th. City agrees to reimburse or pay directly
the cost of travel.
Section 7. General Provisions.
(a) The members of the City Council and Employee agree to work in the
spirit of open communication, cooperation, and 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 Manager is incorporated
herein by reference. The text herein including the aforesaid provisions of the City
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Charter and the City Code shall constitute the entire agreement between the parties.
(c) This Employment Agreement shall become effective as of November
8th, 2021, except as otherwise provided herein, and shall inure to the benefit of
Employee, his heirs, and personal representatives.
(d) If any provision or portion thereof contained in this
agreement is held to be unconstitutional or invalid or unenforceable, the
remainder of this agreement or portion thereof shall be deemed severable
and not be affected and shall remain in full force and effect.
(e) The City shall indemnify, defend and hold harmless
Employee as provided in Chapter; 2, Article 2, Clearwater Code of
Ordinances, as adopted on February 4, 1992.
Section 8. This agreement constitutes the entire agreement between the
parties hereto as to the matters herein contained and shall not be modified
in any respect except by an amendment in writing signed by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly executed this 16th day of September 2021
CITY OF CLEARWATER, FLORIDA
Frank Hibbard, Mayor
A r ved as/or: Attest: �wA,4�
Ai ,C.4-e-44,0 20 u.- 4-LCLC ��l , z-1
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p a K. Ain Rosemarie Call e"" cr
City Attorney City Clerk
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EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE: '
8 2.0 2
Employee Name Date Signed
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