02-11-2019 - SpecialCity Council - Special Meeting
City of Edgewater
Meeting Agenda
104 N. Riverside Drive
Edgewater, FL 32132
Council Chambers10:00 AMMonday, February 11, 2019
Interim City Manager Agreement
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER and ROLL CALL
2. OTHER BUSINESS
a.Interim City Manager Agreement
Interim City Manager - Glenn Irby FINAL
Interim CM - Exhibit A
Attachments:
3. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact City Clerk/Paralegal Robin L. Matusick , 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
Page 1 City of Edgewater Printed on 2/7/2019
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:AR-2019-4008,Version:1
COUNCIL AGENDA ITEM
SUBJECT:
Interim City Manager Agreement
DEPARTMENT:
City Clerk/Paralegal
SUMMARY:
City Council interviewed Glenn Irby during the Council Workshop on Monday,February 4,2019.During the
regular City Council Meeting that evening,Council determined to initiate negotiations with Mr.Irby for the
position of Interim City Manager.
Staff has negotiated with Mr. Irby and has agreed to the provisions in the attached Agreement.
BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable
BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable
RECOMMENDED ACTION:
Approve the Interim City Manager Agreement for Glenn Irby.
City of Edgewater Printed on 2/7/2019Page 1 of 1
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EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
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EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
CITY OF EDGEWATER, FLORIDA
THIS AGREEMENT made and entered into this ____ day of February, 2019, by and
between the CITY OF EDGEWATER, FLORIDA, a municipal corporation of the State of
Florida (hereinafter “City”), and GLENN IRBY, (hereafter “Interim City Manager”).
WITNESSETH:
WHEREAS, Glenn Irby has demonstrated through his professional and educational
experience and performance the level of professional and administrative competency desired by
the City in its Interim City Manager; and
WHEREAS, as provided by the City Charter, the City Council has the authority to
employ the Interim City Manager; and
WHEREAS, the City is desirous of employing Glenn Irby as its Interim City Manager;
and
NOW, THEREFORE, in consideration of the mutual covenants and promises which the
parties set forth below, the City and the Interim City Manager agree as follows:
1. EMPLOYMENT OF INTERIM CITY MANAGER. The City hereby employs
Glenn Irby as Interim City Manager and Glenn Irby hereby accepts such employment upon terms
and conditions hereinafter set forth.
2. TERM. The term of this Agreement shall commence on
__________________________, 2019 and shall continue until such time the City Council or the
Interim City Manager desire to terminate this Agreement.
3. DUTIES. The Interim City Manager shall perform those duties specified in
Section 4. 02 of the City Charter, City of Edgewater, Florida, as it may from time to time be
EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
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amended, and all other applicable laws and regulations, and such other legally permissible and
proper duties as he may be directed to perform by the City Council. Section 4.02 is attached
hereto and incorporated by reference as Exhibit “A.”
4. COMPENSATION. Effective _________________________, 2019 the Interim
City Manager shall receive annual compensation of One Hundred Twenty Five Thousand and
no/100 Dollars ($125, 000.00) payable as employee checks are issued by the City. The City will
make standard payroll deductions from each paycheck for federal income tax, Social Security
and Medicare.
Insurance. Pursuant to negotiations, the City shall provide POS health insurance for the
Interim City Manager and dependents as elected by the Interim City Manager with the Interim
City Manager paying the normal employee amount (through payroll deductions at a cost to the
Interim City Manager of $193.17 bi-weekly which is the current rate at this time) or as
determined each year when the City renews its group health insurance policy. The City shall
provide and pay the premium for dental insurance for the Interim City Manager and his
dependents at no cost to the Interim City Manager. Health and dental insurance for the Interim
City Manager will commence on the first of the month after hire date. If at any time, the
insurance coverages change City wide through the budget process, the Interim City Manager
would receive the equivalent.
5. GENERAL BUSINESS EXPENSES. The City agrees to pay dues for the Interim
City Manager’s membership in the International City/County Management Association, Florida
City and County Management Association and other organizations approved by the City Council
where such memberships would be beneficial to the City. The City agrees to pay the cost
EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
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associated with travel and attendance at the annual conferences of the organizations referred
above as approved in the budget by the City Council.
Vehicle Allowance. The City shall provide the Interim City Manager with use of a City
owned vehicle that is assigned to the City Manager’s Department. It is the responsibility of the
Interim City Manager to purchase automobile insurance coverage, with limits of at least
$300,000.00 per occurrence, which will insure his immediate family members when traveling in
the City owned vehicle.
6. INDEMNIFICATION. Subject to the provisions of insurance defense coverage,
and consistent with federal, state and local law, the City shall defend, save harmless and
indemnify the Interim City Manager acting within the scope of his employment, against any tort,
professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of the Interim City
Manager’s duties as Interim City Manager, or resulting from the exercise of judgment or
discretion in connection with the performance of the duties or responsibilities, unless the act or
omission involved willful or wanton conduct or where the Interim City Manager exceeds the
scope of his authority or in the case of a conviction for any crime involving moral turpitu de or a
crime relating to official duties. The City shall provide the Interim City Manager’s legal
defense, court costs and other reasonable costs and expenses of such legal proceedings, and any
other liabilities incurred by, imposed upon, or suffered by the Interim City Manager, not limited
to judgments or settlements in connection with or resulting from any claim or action, suit, or
proceeding, whether actual or threatened, arising out of or in connection with the performance of
the Interim City Manager’s duties. Any settlement of any claim must be made with prior
EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
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approval of the City in order for indemnification, as provided in this section, to be available to
the Interim City Manager.
7. TERMINATION OF AGREEMENT. Either party may terminate this
Agreement, with or without cause, at any time during the term of this Agreement with a thirty
(30) day notice. Upon termination, no compensation of any kind will be due the Interim City
Manager even if the annual salary amount has not been met.
8. SEVERANCE. Severance shall not be paid to the Interim City Manager
when employment is terminated.
9. OUTSIDE EMPLOYMENT. The Interim City Manager recognizes and
understands that the position of Interim City Manager shall require his full-time attention and,
accordingly, agrees to devote all time necessary to fully discharge duties. The Interim City
Manager shall refrain from accepting any engagement which would interfere in any way with the
faithful performance of his services to the City. However, nothing in this Agreement will be
construed as to prevent the Interim City Manager from accepting honoraria or consulting fees
from educational institutions, units of local government or state agencies for lecture, articles,
instructional material, and consultation in the area of local government which shall not be in
conflict with the Interim City Manager’s responsibilities with the City.
10. BONDING. The City shall bear the full cost of any fidelity or other bonds
required of the Interim City Manager under the City Charter or an y law or ordinance.
11. GENERAL PROVISIONS.
A. Binding Affect. This Agreement shall be binding on the City and the Interim City
Manager as well as their heirs, assigns, executors, personal representatives and successors in
interest.
EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
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B. Effective Date. This Agreement shall become effective on February
___________________, 2019 with a start to work date of February __________________, 2019.
C. Severability. The invalidity or partial invalidity of any portion of this Agreement
will not affect the validity of any other provision. In the event any provision of this Agreement
is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if
they have been executed by both parties subsequent to the expungement or judicial modifications
of the invalid provision.
12. NOTICES. Notice pursuant to this Agreement shall be given by deposit in the
custody of the United States Postal Service, postage prepaid, addressed as follows:
If to Interim City Manager: If to City:
Glenn Irby City Clerk/Paralegal
71 Ardlussa Street City of Edgewater
Umatilla, FL 32784 Post Office Box 100
Edgewater, FL 32132-0100
Alternatively, notice required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the
date of personal service or as of the date of deposit of such written notice in the course of
transmission in the United States Postal Service.
13. MODIFICATION OR WAIVER. Except as otherwise provided herein, this
Agreement may not be modified or waived unless in writing and duly executed by all parties to
this Agreement.
EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
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IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the
dates listed below:
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
________________________________ By: _______________________________
Robin Matusick, City Clerk/Paralegal Michael L. Thomas, Mayor
Dated:_____________________________
WITNESSES: INTERIM CITY MANAGER:
______________________________ ___________________________________
Glenn Irby
______________________________ Dated:_____________________________
Edgewater, FL Code of Ordinances
Sec. 4.02. - Powers and duties of the city manager.
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The city manager shall be the chief administrative officer of the city and shall be responsible
to the city council for the administration of all city affairs placed in the city manager's charge
under this Charter. The city manager shall:
(1) Appoint, and when necessary, suspend or remove, all officers and employees
of the city except as otherwise provided by law, this Charter, or personnel
rules adopted pursuant to this Charter. The city manager may authorize any
officer subject to the city manager's direction and supervision to exercise
these powers with respect to subordinates in that officer's department or
agency;
(2) Direct and supervise the administration of all departments, offices, and
agencies of the city except as otherwise provided by this Charter or by law.
(3) Attend all city council meetings. The city manager shall have the right to take
part in the discussion but shall not vote.
(4) See that all laws, provisions of this Charter and acts of the city council, subject
to enforcement by the city manager or by officers subject to the manager's
direction and supervision, are faithfully executed;
(5) Prepare and submit the annual budget and capital program to the city
council;
(6) Submit to the city council a complete report on the finances and
administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city council may require concerning the
operations of city departments, offices, agencies;
(8) Keep the city council advised as to the financial condition and future needs of
the city;
(9) Make recommendations to the city council concerning the affairs of the city;
(10) Provide staff support services for the city council;
(11) Sign contracts, agreements, or leases on behalf of city to the extent
authorized by ordinance; and
(12) Perform such other duties as are specified in this Charter or may be required
by the city council.
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