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88-R-48C., 0 O A RESOLUTION OF THE CITY OaMIL OF THE CITY OF EDGEWAT1R, FLCRIDA, OOJFIRNING AID RATIFYING THE APPOINTMENT OF WILLIAM T. POWERS, AS CITY MMNCER OF THE CITY OF FDGEYNATER, FLORIDA, AS PER E PLO&ENT AGREEMENT ATTACHED HERETO, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. *IEREAS, 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 William T. Powers, as City Manager of the City of Edgewater, Florida. NOW, THEREFORE, BE IT RESOLVED 13Y THE CITY ODICIL OF TF♦E CITY OF SECTION 1. That the City Council hereby confirms and ratifies the appointment of William T. Powers, as City Manager of the City of Edgewater, Florida as of 13th day of October , 1988. SECTION 2. That the terns and conditions of employment are as per employment agreement dated the 17th day of October 1988, attached hereto and by reference incorporated herein. SECTION 3. That the individual named above shall have all the powers, duties and responsibilities as set forth in the ordinances, resolutions and laws of the State of Florida. SECTION 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 5. That this resolution shall take effect innediately upon its adoption by the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on thel7th day of October 1988, and approved as provided bylaw. This Resolution was introduced and sponsored by Councilman Prater and was read and passed by the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 17th day of October 1 1988, and authenticated as provided by law. POLL CALL WM CN RESOUJf ICN NO. 88-R- 48 o � nnavr� Approved for form: Cti"TTCFNEY -2- Res. No. 88-R-48 EMPLOYMENT AGREEMENT This Agreement made and entered into on the 17th day of October , 1988, by and between the City Council of the City of Edgewater, Florida, a municipal corporation of the State of Florida, hereafter Employer, and William Thomas Powers of 206 East Forest Hill Drive, Cocoa, Florida 32926, hereafter Employee. ARTICLE I Term of Emolument 1.01 Employer employs Employee, and Employee hereby accepts employment with Employer for a term of thirty-six (36) months, beginning October 13 1988. 1.02 Employer may at the end of twenty-four (24) months of employment and annually thereafter extend the term of employment an additional twelve (12) months provided Employee agrees. 1.03 In the event employment of Employee is terminated at the pleasure of the Employer or the Employee is forced to resign during the Employee's six (6) month probation period, the Employee shall receive a lump sum cash payment equal to three (3) months compensation including base salary, retirement, sick and vacation time and insurance. ARTICLE 11 Employee's Duties 2.01 The Employee is hereby employed as the City Manager of the City of Edgewater, Florida. Employee shall perform those duties specified in the Charter of the City of Edgewater, Florida. 2.02 In addition to the duties specified in the City Charter, Employee shall also perform such duties as customary and as may be assigned to the City Manager by order of the City Council of Edgewater, Florida. 2.03 Employee agrees to perform his duties to the best of his abilities and to perform those duties in a manner consistent with the best interests of Employer. 2.04 Employee shall devote his entire productive time, abilities and attention to the business of Employer during the term of employment. Employee shall not render any services of a professional or business nature to any other person or organization without prior consent of Employer. ARTICLE III Compensation 3.01 Employer agrees to pay Employee for his services rendered an annual base salary of Forty Thousand Dollars ($40,000), payable in installments at the same time as other employees of the Employer are paid. 3.02 After the 1988/1989 fiscal year and during continued employment, the Employee is entitled to a pay raise as an adjustment to base salary when raises are authorized for City Employees. The Employee's pay raise shall be measured as the same percentage as City employees. In addition, the Employee shall receive an annual performance evaluation. A successful evaluation will result in a minimum four percent (4%) increase in base pay. 3.03 Employer agrees to pay an amount equal to ten percent (10%) of Employee's salary to the ICMA-RC retirement plan in lieu of any contributions to a City pension program provided other City employees. 3.04 Employee will be granted eighty 80 hours sick leave upon employment and will accrue sick leave at the rate of eight (8) hours per month beginning the eleventh (llth) month of employment. Employee will be allowed unlimited accrual of unused sick leave. 3.05 Employee will accrue 176 vacation hours annually. Employee will be allowed unlimited accrual of unused vacation time. Employee will obtain prior council approval for any vacation in excess of ten (10) days. 3.06 Employer agrees to provide hospitalization, surgical, dental and comprehensive medical insurance for Employee and his dependents and to pay the total premiums for such coverage. 3.07 Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all Employees of the Employer. ARTICLE IV Employee Benefits 4.01 Employee shall be entitled to participate in any Employee benefit plan established by Employer. 4.02 Employer agrees once every other year to provide a complete physical examination by qualified physician agreeable to the Employer and employee, the cost of which shall be paid by Employer. 4.03 A. Employer hereby agrees to budget for and, subject to specific approval by the City Council in each instance, to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue the necessary official and other functions for Employer, including but not limited to the Annual Conference of the International City Management Association, the state league of municipalities, Florida City and County Managers Association and such other national, regional, state and local governments groups and committees thereof which Employee serves as a member. Travel to include the fifty (50) U.S. states and the North American continent. B. Employer also agrees to budget and to pay the travel and subsistence expenses of Employee subsequent to approval by the City Council in each instance, for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. ARTICLE V Termination and Severance Pay 5.01 In the event employment of Employee is terminated at the pleasure of the Employer or the Employee is forced to resign, the Employee shall receive a lump sum cash payment equal to four (4) months compensation including base salary, retirement, sick and vacation time and insurance. Employee shall receive full pay for all unused vacation and accrued sick time. 5.02 In the event Employee is terminated because of conviction of a felony, malfeasance or misfeasance, then Employer shall be obligated to pay only all unused vacation and all accrued sick time. If Employee is suspended pending the outcome of the charges, it will be at the discretion of the City Council whether the suspension will be with or without pay. 5.03 In the event Employee voluntarily resigns his position with the City then Employee shall give the City forty-five (45) days written notice in advance, unless the parties otherwise agree. Employee will receive three (3) months compensation including base salary, retirement, sick and vacation time, and insurance. Employee shall receive full pay for all unused vacation and all accrued sick time. ARTICLE. VI General Provisions 6.01 Employer shall pay directly for the expenses of packing and moving the Employee, his family and personal property from Cocoa, Florida, to Edgewater, Florida. Payment shall include unpacking, storage (if necessary) and insurance charges. Employee shall be reimbursed actual out-of-pocket expenses associated with relocation of Employee and his family. Total moving expenses not to exceed Two Thousand Dollars ($2,000). 6.02 Employer shall defend, save harmless and indemnify Employee, including payment of reasonable attorneys fees, 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 Employee's duties as City Manager of the City of Edgewater, Florida. Employer will compromise and settle any such claim or suit and pay the amount of any settlement of judgement rendered thereon, as prescribed by City Ordinance. 6.03 Employer recognizes that certain expenses of a nonpersonal and generally job -affiliated nature are incurred by Employee and hereby agrees to reimburse or to pay said general expenses, up to an amount not to exceed One Hundred Dollars ($100) per month upon presentation of appropriated receipts, documents or personal affidavits. 6.04 Employee's duties require that he shall have the exclusive and restricted use at all times during his employment with Employer of an automobile provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repairs and regular replacement of said automobile to be effective upon Employee's relocation to the City of Edgewater. Until relocation to the City of Edgewater, Employee will be entitled to the standard mileage allowance for use of his own vehicle excluding commuting mileage. 6.05 Employer shall pay Employee's annual ICMA dues. 6.06 Employee will relocate his family within six (6) months of date of probation expiration. 6.07 A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon an inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing October 13 lygg 6.05 If any provision, or any portion thereof, contained in this Agreement is held 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. -2- Executed at Edgewater, Florida, on the 18th day of October 1988, by Employee. Witnesses: c� / 19 _iiv20 IN WITNESS WHEREOF, The City of Edgewater, Florida, has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and ,year first above written. Attest City Clerk (Seal) THE CITY OF EDGEWATER STATE OF FLORIDA By: Mayor �T -3-