AGREEMENT TO SERVE AS CITY MANAGER (10)EMPLOYMENT AGREEMENT
This Agreement is entered into this 4th day of April, 2023 by and between the
CITY OF CLEARWATER, FLORIDA (hereinafter the "City"), and Jennifer Poirrier
(hereinafter the "Employee").
WHEREAS, the City Council voted at a public meeting on March 2, 2023, to
begin negotiations with the Employee 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 her 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) This Employment Agreement and appointment to the office of City Manager
shall commence employment April 4, 2023. The Employment 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 her best efforts to efficiently and
effectively perform her 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 law, City
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Code and the Code of Ethics of the International City/County Management Association.
Section 2. Residency requirement.
(a) Employee shall establish residency within the City within one (1) year of
April 4, 2023. For purposes of this Agreement and the City Charter, "residency' shall
require all of the following: no later than April 4, 2024, the Employee shall either
purchase or rent a residential dwelling within the municipal limits of the City; the
Employee shall update her driver license and voter registration to reflect her rented or
purchased residential dwelling within the City; and the Employee shall spend no more
than one hundred and eighty (180) evenings per year lodging ata residential dwelling
owned or co -owned by the Employee where said dwelling is located outside the City of
Clearwater.
(b) The parties further agree that the Employee's residency requirement
described in Section 2(a) of this Agreement and Section 3.01 of the City Charter cannot
be satisfied while the Employee actively claims homestead outside the City. For that
reason, if the Employee has been granted a preexisting homestead exemption for a
dwelling outside the City, the Employee shall notify the Pinellas County Property
Appraiser no later than April 4, 2024, that she no longer homesteads or resides at the
property located outside the City.
(c) The parties recognize that the Employee's spouse is not a party to this
Agreement; nor is the Employee's spouse required by Florida law or the City Charter to
relocate to the City. For that reason, the Employee's spouse may continue claiming
homestead at a residential dwelling located outside the City, including after April 4,
2024, but only if the Employee's spouse remains otherwise eligible to claim homestead
at that location under Florida law.
Section 3. 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 with or without cause in accordance
with the applicable provisions of the City Charter.
(b) Nothing in the Agreement shall prevent, limit or otherwise interfere with the
right of the Employee to resign at any time.
(c) Nothing in the agreement shall be construed to establish a fixed term
of office.
Section 4. Salary and Other Benefits.
(a) The City agrees to pay Employee for her services pursuant hereto an annual
base salary of two hundred and forty thousand five hundred and sixty U.S. dollars exactly
($240,560.00), made payable in biweekly installments beginning with the pay period
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inclusive of April 4, 2023.
(b) The City agrees to contribute an amount equal to fifteen percent (15%) 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 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 at her
expense obtain 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.
(e) In addition to the general leave described below, the Employee will be
provided with at least ten (10) paid holidays each year taken in accordance with practices
utilized for other executive/managerial personnel.
(f) The City agrees to pay the reasonable 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.
(g) The City agrees to pay travel and subsistence expenses of Employee for
professional and official travel as provided by City policy consistent with state law.
(h) Employee will be provided with a three hundred dollar ($300.00) car
allowance paid every two (2) weeks.
(i) All of the Employee's existing vacation and sick hours shall be converted
into general leave hours at a 1:1 ratio, as of April 4, 2023. The Employee shall cease
accruing any vacation hours, sick hours, or floating holidays at that time. Instead,
Employee shall begin accruing additional "general leave" in lieu of vacation, sick leave,
and floating holidays at a rate of thirty-five (35) days per year to be accrued biweekly
beginning on April 4, 2023.
(j) Accumulation of general leave shall be capped at one hundred and twenty
(120) days. The parties recognize that due to the Employee's prior service to the City,
and the conversion described in the previous subparagraph, the Employee will reach the
cap sooner than a City Manager hired externally. To ensure the continuity of service, the
Employee shall not utilize more than fifteen (15) consecutive days of general leave, except
in the event of an FMLA qualifying condition or with express prior approval of Council.
(k) Employee will be provided life and disability insurance as is provided to City
Supervisory Administrative Managerial or Professional ("SAMP") employees.
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(1) Employee will be provided up to fifteen thousand dollars exactly
($15,000.00) for eligible relocation expenses. For purposes of this agreement, "eligible
relocation expenses" include the actual and reasonable cost of professional movers,
including packing services; any storage units or facilities; closing costs and down payment
toward the purchase of a primary residence within the City of Clearwater. Any eligible
relocation expenses must be incurred on or before April 4, 2024, with an invoice submitted
to the City no later than May 4, 2024. Any unused balance will be forfeit. The City and
Employee jointly recognize that taxes will be withheld as to any eligible relocation
expenses if and to the extent required by IRS rules. If the Employee voluntarily terminates
her employment on or before April 4, 2026, or if the Employee is involuntarily terminated
for cause on or before April 4, 2026, the Employee shall reimburse the City for any monies
distributed for eligible relocation expenses.
Section 5. Performance evaluation and salary review.
(a) Pursuant to Section 2.01(c) of the City Charter, the City Council shall present
a report on the evaluation or performance of the City Manager. The parties intend for the
Employee's salary to be evaluated at that time, with the first review occurring in October
2023.
(b) The Council, in its sole and absolute discretion, shall decide the format of the
evaluation or performance review. The Council may amend that process from time to
time, including the incorporation of written or oral evaluation, but the review must occur in
October of each calendar year as contemplated by the City Charter and this Agreement.
(c) The parties recognize that the Council is under no obligation at any time to
adjust the Employee's salary during the annual performance review. However, the parties
agree in good faith to consider the employee's qualifications, performance during the past
year, and the salary available to comparable City Managers in making that determination.
(d) The Council may at any time establish goals for the Employee, and the
completion of said goals may in the Council's discretion be reflected on the Employee's
future evaluation(s).
Section 6. 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) 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:
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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 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.
(c) Termination Because of Illness or Iniury. In the event Employee is
terminated by the City Council 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.
(d) 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, a formal finding of an ethics violation by the Florida Commission on
Ethics, or conviction of a felony, Employee shall receive no severance pay but shall be
paid only for any accrued and unused general leave.
(e) Administrative leave required. If exactly three (3) members of the City
Council vote to remove the City Manager pursuant to Section 3.02 of the City Charter,
then the City Manager shall be required to immediately enter a state of administrative
leave. This requirement shall apply regardless of the reason or basis for removal. During
a state of administrative leave, the Employee shall remain in paid status without depleting
general leave, and continue receiving health insurance and other benefits; however, the
Employee shall not instruct or direct City staff, or physically enter or remain in City
facilities. If the Employee fails or refuses to enter a state of administrative leave, or fails
to comply with the terms of administrative leave, the Employee shall be ineligible for the
severance described in Section 6(b) or Section 6(c) of this agreement. The administrative
leave shall be lifted if the City Council, upon a second reading, declines to remove the
City Manager.
(f) 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
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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 sixty (60) days' notice in
advance unless Employee and City Council otherwise agree.
(g) In the event of termination as set forth herein other than a voluntary
resignation pursuant to Paragraph (f) or termination for cause pursuant to Paragraph
(d) 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.
(h) 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
she resign or dismissing her from her employment with the City. Employee may elect
to treat as termination of her 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.
(i) Waiver of legal remedies. Employee agrees that if her employment is
terminated pursuant to Section 6(b) or Section 6(c) of this Agreement, then in exchange
for the severance provided in that subsection, the Employee hereby expressly waives
any right to seek redress for any claim arising under any federal employment law
including but not limited to the Americans with Disabilities Act ("ADA"), the Family and
Medical Leave Act ("FMLA"), along with similar acts arising under Florida law, along with
any cause of action the Florida Whistleblower Act or similar statute.
Section 7. 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.
Section 8. 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.
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(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 Charter and the
City Code shall constitute the entire agreement between the parties.
(c) This Employment Agreement shall become effective as of April 4, 2023,
except as otherwise provided herein, and shall inure to the benefit of Employee, her 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.
Section 9. Entire agreement.
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 WHEREQF, the parties hereto have caused this agreement
to be duly executed this i day of £ o , 2023.
ApproXed as to form:
David Margolis
City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungs
Mayor
Attest:
)-t-ii--ntigAtt_ 0
Rosemarie Call
City Clerk
EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE:
oirrier
1-1(1140,3
Date Signed
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