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91-R-44RESOLUTION NO. 91-R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONFIRMING AND RATIFYING THE APPOINTMENT OF KRISTA A. STOREY AS CITY ATTORNEY OF THE CITY OF EDGEWATER, FLORIDA, AS PER AGREEMENT ATTACHED HERETO, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is in the best interest of the citizens of the City to provide for an agreement between the City and Krista A. Storey as City Attorney of the City of Edgewater, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: That the City Council of the City of Edgewater, Florida, hereby confirms and ratifies the appointment of Krista A. Storey as City Attorney of the City of Edgewater, Florida, as of the 16 day of September , 1991. SECTION 2: That the terms and conditions of employment are as per the agreement dated the 19 day of August , 1991, attached hereto and by reference incorporated herein. SECTION 3: That the individual named above shall have all of the powers, duties and responsibilities as set forth in the ord- inances, resolutions and laws of the State of Florida. SECTION 4: That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5: That this resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, at a Regular meeting of said Council held on the 5 day of August ,1991 , and approved as provided by law. This resolution was introduced and sponsored by Councilman Hays and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a Regular meeting of said Council held on the 5 day of August 199 1 and authenticated as provided by law. ROLL CALL VOTE ON RESOLUTION NO. 91-R-44 AS FOLLOWS: Approved for (form: IlAi&`/' INTERIM CITY ATRNEY OUN LPE$SON - ZONE TWO (/ COUD ILPERSON - ZONE THREE / COUNCILMAN - ZONE FOUR 2 Res. No. 91-R-44 AGREEMENT FOR CITY ATTORNEY OF CITY OF EDGEWATER This Agreement, is made and entered into by and between The City of Edgewater, a municipal corporation of the State of Florida, hereafter referred to as City, and Krista A. Storey, hereafter referred to as City Attorney. wITHE§EETH: WHEREAS, Krista A. Storey has demonstrated through her professional and educational experience and performance the level of professional and administrative competency desired by the City in its City Attorney; and. WHEREAS, the City is desirous of employing Krista A. Storey as its City Attorney; and WHEREAS, Krista A. Storey has indicated willingness to accept the responsibilities and render specific performance to the City as City Attorney; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the City Attorney setting forth agreements and understandings which (1) provide inducement for Ms. Storey to accept the job of City Attorney, (2) make possible full work productivity by assuring the City Attorney's morale and peace of mind with respect to future security, (3) provide a just means for terminating the City Attorney's services at such time as the City may desire to terminate her employ. NOW, THEREFORE, in consideration of the mutual covenants and promises which the parties set forth below, the City and the City Attorney agree as follows: 1. Employment of City Attorney. The City hereby employs Krista A. Storey as City Attorney, and Krista A.Storey hereby accepts such employment upon the terms and conditions hereinafter set forth. 2. Term. The term of this Agreement shall commence no later than September 16, 1991, and shall end on May 30, 1993, unless terminated earlier. Upon approval of this Agreement and until commencement of the term, City Attorney agrees to attend the regular city Council meetings in an unofficial capacity as a mechanism for assuring a smooth transition from the tenure of the Interim City Attorney. 3. Extension of Term. In the event written notice is not given by the City to the City Attorney thirty (30) days prior to the termination date specified above, this Agreement shall be extended on the same terms and conditions as herein provided for an additional period of two years. Said Agreement shall continue thereafter for additional two year periods unless either party gives written notice as provided herein (30 days for notice from City, 90 days for notice from City Attorney) to the other party that the party does not wish to extend this Agreement for an additional two year term. -2- 4. Completion of Work in St. Lucie County. In acknowledgement of the length of time City Attorney has served as an Assistant County Attorney in St. Lucie County and City Attorney's professional responsibilities in that regard, City understands and agrees that it may be necessary for City Attorney to return to St. Lucie County after entering City's employ to complete certain professional obligations. 5. Duties. The City Attorney shall perform all duties imposed on her as the City Attorney by applicable laws, ordinances and regulations, and such other legally permissible and proper duties as she may be directed to perform by the City Council. This section shall not operate to exclude any individual member of City Council or the City Manager from seeking legal advice from the City Attorney on matters related to his or her duties as a Council Member or City Manager. The City Attorney agrees to perform the functions of her office in a competent and professional manner. 6. Performance Evaluation. Annually, the City and City Attorney shall define such goals and performance objectives which they determine necessary for the proper operation of the Council and in the attainment of the 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 limitations as -3- specified and the annual operating and capital budgets and appropriations provided. 7. Compensation. The City Attorney shall receive initial annual compensation of Sixty Thousand Dollars ($60,000.00), payable as employee checks are issued by City. City Attorney may designate amounts out of the annual compensation to be paid by the City as Deferred Compensation, and such payments shall be deposited into the Deferred Compensation Plan selected by the City Attorney and deducted accordingly from the annual compensation payments. The City shall reimburse City Attorney for the cost of moving from Fort Pierce in an amount not to exceed One Thousand Five Hundred and 00/100 Dollars ($1,500.00). The City Council will evaluate the performance and review the salary of the City Attorney, beginning in 1992 and each year thereafter at the same time the preliminary budget for the Legal Department is reviewed. At that time, the salary of the City Attorney may be increased (but not decreased from the immediately prior level) by the City Council, subject to approval as part of the budget process, to provide a merit increase to City Attorney based on the above -referenced evaluation of her performance. Additionally, commencing October 1, 1992 the City Attorney shall receive an annual increase in her compensation which is not less than the percentage increase granted to City employees generally. -4- 8. Benefits. Except as hereinafter provided, the City Attorney shall receive, immediately upon employment, the same benefits as all other City employees, including but not limited to paid vacation, sick leave, worker's compensation, Florida State Retirement, life insurance and health insurance. If differing types of employee benefits are provided by the City, the City Attorney will be entitled to the highest standard of benefits as is provided by the City to its management employees. All vacation/personal leave and term leave not taken may be accumulated by the City Attorney and the City agrees to pay the City Attorney for all such accumulated vacation/personal leave and term leave upon termination or expiration of this contract. Notwithstanding any contrary provisions of the city's vacation benefits or policies, the City Attorney shall be entitled to accrue up to two weeks vacation in each year of service which may be exchanged at or after each anniversary of the commencement of this Agreement for cash compensation in the pro rata amount of the City Attorney's then -base salary. The City agrees to pay dues for the City Attorney's membership in The Florida Bar, the American Bar Association and other organizations where such memberships would be beneficial to the City. The City agrees to budget and to pay for books, publications and subscriptions deemed necessary by the City to enable City Attorney to perform legal services required hereunder. -5- 9. Termination of Employment. This Agreement may be terminated as follows: (A) By the City Council. if the City Council fails or refuses at the end of the term or any extension thereof to confirm the reappointment of the City Attorney as required by this Agreement, or, if the City for its own convenience at any time elects to terminate this Agreement upon thirty (30) days prior written notice to City Attorney, this Agreement shall be deemed terminated, and the City shall promptly pay to the City Attorney a sum equal to (1) the salary and deferred compensation that the City Attorney would have received during the 120 days immediately following the date such termination takes effect, as if this Agreement had not been terminated, plus (ii) a pro rats portion of her salary for all accrued but unused vacation/personal leave and term leave. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of City Attorney at any time, with or without cause, subject only to the provisions set forth in this Agreement. (B) By the City Attorney. The City Attorney may terminate this Agreement at any time, but only after providing written notice to the City Council of her intent to terminate, and such notice shall be delivered not less than 90 days before the date of termination. -6- (C) For Cause. The City may terminate the City Attorney for cause at any time. The term "for cause" shall be deemed to include: willful violations of the provisions of this Agreement or law; willful disregard of a clear, direct order, request or policy of the City; habitual drug abuse; or conviction of any crime involving moral turpitude or relating to official duties. In the event of termination for cause, the City shall have no obligation to pay any severance as provided under this Paragraph 9. In the event that the City Attorney is charged by indictment or information with a felony, or a crime involving moral turpitude, she may, at the discretion of the City Council, be suspended from her duties without pay. Upon her conviction of any such charge, this contract, at the option of the City Council, may be terminated and the City Attorney discharged from her duties. Upon the dismissal of such charges or upon the City Attorney being acquitted of same, she shall be reinstated and entitled to full back pay and other accrued benefits. 10. Outside Employment. City Attorney recognizes and understands that the position of the City Attorney shall require her full time attention and accordingly agrees to devote all time necessary to fully discharge her duties. The City Attorney shall refrain from accepting any engagement as hereinafter described which would interfere in any way with the faithful performance of her services. -7- However, nothing contained in this Agreement will be construed so as to prevent the City Attorney from accepting honoraria or consulting fees from educational institutions, units of local government or state agencies for lectures, articles, instructional material, consultation in the area of local governmental law which shall not be in conflict with the City Attorney's responsibilities to the City. 11. Severability. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a competent court, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 12. Complete Aareement in Written Document. This written Agreement embodies the whole agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by either the City or the City Attorney other than contained herein. This Agreement shall inure to the benefit of the estate of the City Attorney. 13. Notices. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: -S- If to City Attorney: Y-I.. - II/Ari' If to City: Mayor City of Edgewater 104 North Riverside Drive Edgewater, Florida 32132 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. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the. respective dates under each signature: City of Edgewater through its Mayor, authorized to execute the same by Board action on the 19 day of August , 1991, and Krista A. Storey. ATTEST: By: Ci y Cle t E:\22967\91001\OCAGMT.NC 08/08/91.ic THE CITY CITY OF EDGEWATER, FLORIDA Mayor Date: August 19,1991 1991 THE CITY ATTORNEY Krista A. Storey Date: O , 1991 -9-