89-R-53RESOLUTION NO. 89-R-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, CONFIRMING AND RATIF-
YING THE APPOINTMENT OF ELLY F. JOHNSON AS
CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA,
AS PER EMPLOYMENT AGREEMENT ATTACHED HERETO,
REPEALING ALL RESOLUTIONS IN CONFLICT HERE-
WITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
at a Special Meeting held July 10, 1989, has determined that it is
in the best interest of the citizens of the City to provide for an
agreement between the City and Elly F. Johnson as City Manager 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 Elly F.
Johnson as City Manager of the City of Edgewater, Florida, as of
the_12_day of ,lulu , 1989.
SECTION 2: That the terms and conditions of employment are
as per employment agreement dated theme^day of Jill ,
1989, 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conflict herewith are hereby repealed.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
17 day of July ,198_, and approved as provided by
This resolution was introduced and sponsored bycouncilman
Fish 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 17 day of July , 1989
and authenticated as provided by law.
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2 Res. No. 89-R-53
AGREEMENT
THIS AGREEMENT is made between the City of Edge-
water, a municipal corporation organized and existing under
the laws of the State of Florida, with its office located at
City Hall, Edgewater, Florida, hereafter referred to as
"municipal corporation", and ELLY F. JOHNSON, hereafter re-
ferred to as "the employee".
In consideration of the mutual promises and cove-
nants herein contained, the parties agree as follows:
SECTION 1
CITY MANAGER'S DUTIES
The employee shall be employed by the municipal
corporation as the City Manager, and the employee shall de-
vote his full time to act as City Manager for the City of
Edgewater and to carry out to the best of his ability all the
duties imposed upon him by the Charter and the Ordinances of
the City of Edgewater and such other duties as the Council,
from time to time, may require of him.
SECTION 2
COMPENSATION - DATE OF SERVICES
1. BASE SALARY: In consideration for the services
rendered under this agreement, the City Manager shall receive
a base salary of tf'J,ppQ.� per year, payable as other
employees. The City Council shall evaluate and review the
employee's effectiveness and performance as the City Manager,
each year and may increase the base salary each year during
the term of this Contract consistent with the employee's
performance as City Manager.
2. FRINGE BENEFITS:
Vacation: Vacation shall be the same as all
other employees to accrue each month upon
employment with no limit on accumulation.
b. Sick Leave: Sick leave shall be the same as
all other employees to accrue each month upon
employment with no limit on accumulation.
Holiday 6 other: Holidays and other shall be
the same as all other employees.
Health Insurance: Employer to provide a
comprehensive health insurance coverage.
e. Automobile: The City will provide the
employee with an automobile allowance in the
amount of $400.00 monthly paid by the first of
each month for the use of employee personal car
inside the county of Volusia.
Moving Expenses: In connection with employee
employment as City Manager of Edgewater,
Florida, and upon submission of proper
invoices, City will reimburse employee for the
cost of moving from South Florida to Edgewater,
FL up to $2,000.
Dues and Subscriptions: City will pay all
appropriate professional dues and subscrip-
tions on behalf of employee for purpose of
allowing his continued and full participation
in direct job related national, regional, state
and local associations and organizations neces-
sary and desirable as will permit his profes
sional participation, growth and advancement
for the good of Edgewater, Florida. The Asso-
ciation coverage shall be ICMA, FCCMA League of
Cities, American Society of Executives Inc.,
and any local Managers groups.
h. Life Insurance: City will pay the annual fees
necessary to provide term life insurance on
Employees life in the amount double employee
annual salary.
i. Deffered Compensation Plan: In addition to
those retirement and pension system benefits to
be provided employee pursuant to the provisions
of this Employment Agreement, City will proceed
forthwith to do all things necessary within
it's own right and power to do so (contractual
and otherwise) as will preserve and otherwise
continue employee deferred compensation plan
with the International City Management Associa
tion Retirement Corporation. Upon completion of
the administrative requisite in this regard
City will (with employees concurrence
designate proper portion of employee salary to
be depo sited into the International City
Management Association Retirement Corporation
Deferred Compensation Plan.
3. SEVERANCE: In the event the City wishes to
terminate this agreement without cause, the City may do so by
an Affirmative rate of the City Council and shall pay the
employee, month one through month three, six and a half
weeks, month four through month six, thirteen weeks, month
seven through month nine, nineteen and a half weeks, month
ten through month twelve, twenty-six weeks, (6 months) sever
ance pay at the rate of pay that the employee is earning at
that time. All accrued leave shall be paid separately and
shall not be considered a part of the six months amount.
As an alternate to the above, the City may pay the
annual dues to The American Society of Executives, Inc., for
employee and enroll employee in the Income Protection Plan
that will after 12 months pay the terminated Manager a six
months severance pay. The cost for the program is estimated
at 1/2 of 18 of the gross monthly salary of employee.
4. TERM: This agreement is for a period of three
years starting on July 24, 1989 and ending on July 25, 1992.
Six months before the ending date off this agreement the
Council and Manager may negotiate a renewal agreement.
SECTION 3
NOTICES
That any notices required to be given under this
agreement shall be sufficient, if in writing; sent by regis-
tered mail to the Mayor of Edgewater or the employee's last
known residence.
*30 days prior,
SECTION 4
Governing Law: This agreement shall be interpre
ted, constructed, and governed according to the laws of the
State of Florida.
Amendments: No amendment or variation of the terms
or conditions of this agreement shall be valid unless in
writing and signed by the parties.
Assignability: The City Manager's rights and
obligations under this agreement are personal and not assign-
able.
Invalid Provision: The invalidity or unen-
forceability of any particular provision of the Agreement
shall not affect the other provisions hereof, and the Agree-
ment shall be construed in all respects as if such invalid or
unenforceable provisions were omitted.
IN WITNESS WHEREOF, the parti s have executed this
agreement this /7 day of
CITY OF EDGEWATER
ld
CITY CLEREI
EMPLOYEE