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82-R-38RESOLUTION 82-R- 38 A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO AMEND A CERTAIN AGREEMENT WITH JOSEPH MITCHELL, CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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 Joseph Mitchell as City Manager of the City of Edgewater, Florida, in order to promote stability and contin- uity in government; and WHEREAS, a certain agreement between the city and Joseph Mitchell as City Manager of the City of Edgewater, Florida, has been executed, a copy being attached hereto and marked as Exhibit "l"; and WHEREAS, it is desirous that certain changes be made in said agreement; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. The appropriate officials of the City of Edgewater, Florida, are hereby authorized to amend attached agreement between the City and Joseph Mitchell as City Manager of the City of Edgewater, Florida, to provide for the following: A. The salary of the City Manager of the City of Edge- water, Florida shall not be reduced during the term ofthis contract. B. This contract is to be automatically renewed for a period of two (2) years upon expiration, unless the manager is notified thirty (30) days prior to contract termination, in which case the severance provision will apply. SECTION 2. That all resolutions or parts of resolutions in con- flict herewith be and same are hereby repealed. SECTION 3. That this resolution shall take effect immediately upon its adoption by the City Council and approv�al� as provided by law. The Resolution was introduced by Mr. The Resolution was read in full and passed by a majority vote of the City Council of the City of Edgewater, Florida, at a regular meet- ing of said council held on the g� day of 1982, and approved as provided by law. Roll Call Vote as Follows: or ZONE TWO COUNCILMAN David Ledbetter O E THRRE�OUNCILM�PN Wilbert Pendleton N• F,R OU CI MANOU CI MAN hn Wilbur ATTEST: CITY CLERK/ "ed this .1714, _day of -Approved`for legality and form: On Mar Jane Nettles Henderson CITY ATTORNEY, Acting If2 A G R E E M E N T THIS AGREEMENT made and executed this 19th day of July, 1982, by and between the CITY OF EDGEWATER, a municipal corporation within Volusia County, Florida, hereinafter referred to as the "CITY" and JOSEPH MITCHELL, as City Manager of the City of Edgewater, Florida, hereinafter referred to as the "CITY MANAGER". W I T N E S S E T_H.. WHEREAS, The City is authorized by § 9A of the City Charter and § 2-2 of the Code of Ordinances adopted pursuant thereto, to employ a City Manager, and WHEREAS, The City has duly enacted Resolution No. 81-R-53, which appointed Joseph Mitchell as City Manager of the City of Edgewater, and WHEREAS, The City entered into an employment agreement with Joseph Mitchell setting forth his duties and the terms and conditions of his employment as City Manager, dated the 17th day of June, 1981, and WHEREAS, The City has determined that it is in the best interests of .the City of Edgewater to enter into a new agreement with said Joseph Mitchell,. NOW THEREFORE, IN CONSIDERATION of the terms and conditions as hereinafter set forth, the City and the City Manager do mutually covenant and promise as follows: 1. That JOSEPH MITCHELL does hereby agree to serve as City Manager of the City of Edgewater, Florida, and to carry out to the best of his ability .all the duties imposed upon him by the Charter and Ordinances of the City, as well as those additional duties.as may be imposed by law, or such other duties as the Council may from time to time require of him. 2. That this contract shall be subject to all provisions of the Charter of the City of Edgewater and to all amendments thereto. 3. That the City does hire the City Manager for a term of two years from the effective date of this Agreement. Such employment shall be compensated initially at a sum of $25,000.00 which may be increased and subject to modification in future appropriation ordin- ances, but may not be reduced during the term of this contract. Said annual compensation shall be divided into equal weekly installments and shall be paid to him in the same manner as other municipal employees. 4. The City Manager shall receive all usual benefits which inure to municipal employees generally, as provided in the Employee Guide for the City of Edgewater. These benefits shall include but are not necess- arily limited to medical, disability, leave, and all insurance benefits. 5. The City shall supply a suitable automobile for use by the City Manager while he is in performance of his duties on behalf of the City. 6. The City Manager by Ordinance and by Resolution declaring same to be personnel officer, is the administrative head of the City of Edgewater. The City Council covenants that it shall not interfere in the lawful exercise of his duties as City Manager. 7. The City shall furnish the City Manager with suitable offices and facilities, and such equipment, materials, and supplies necessary and properfor the administration and management of the City. 8. After a period of 24 months following the execution of this agreement, the City Manager may terminate this agreement by giving the City 30 days notice of intention to terminate same. Thirty days after said election, this contract shall be void. 9. Prior to the termination of this contract, the City Council may not dismiss the City Manager except under the following procedures. First, the Council by a 3/5ths vote may suspend the employment of the City Manager when it comes to their attention that he has been charged by information or indictment with violation of a criminal offense under the laws of Florida or of the United States. Second, the City Council by a like vote following a public hearing may only dismiss the City Manager for a substantial act which constitutes misfeasance, malfeasance, or nonfeasance, as those terms reflect the law of the State of Florida. Prior to dismissal, the City Manager shall be informed of charges against him upon written affidavit, and within a reasonable time thereafter, a hearing shall be conducted by the Council on the sufficiency of the charges or complaint. -2- 10. Termination of this Agreement other than above shall constitute an arbitrary firing or dismissal. In such event, the City shall be liable to the City Manager in liquidated damages for a sum equal to six months of his salary for that fiscal year. 11. This Agreement shall take effect upon adoption of a Resolution authorizing the appropriate officials to execute same and shall be automatically renewed for a period of two years upon expiration unless the City Manager is duly notified 30 days prior to contract termination, in which case the provisions of paragraph 10. shall apply. 12. This Agreement may be modified by future contracts between the City and City Manager adopted in the form as herein executed. IN WITNESS WHEREOF, The City Manager and appropriate officials of the City have hereunto set their hands and seals for the purposes here- inabove expressed this 19th day of July, 1982. l ' ��� a S.Q l� JOS MIT L Witness C' Manager J �] Witness Mayor ATTEST: i Approved to legality and form: City Attorney -3-