79-R-83C 0
RESOLUTION NO. 79-Y3
A RESOLUTION EMPLOYING RICHARD DIAMOND AS THE
CITY PLANNER FOR THE CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR AN EMPLOYMENT AGREEMENT TO BE
d ENTERED INTO BY THE CITY AND RICHARD DIAMOND;
�aJ AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
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, has determined that it is in the best interest of the City
of Edgewater, Florida, to employ Richard Diamond as the City Planner
for the City of Edgewater, Florida, and does hereby employ Richard
Diamond as the City Planner for the City of Edgewater, Florida.
SECTION 2''. That, in accordance with said determination, the
City of Edgewater has also agreed to enter into an Employment Agree-
ment with Richard Diamond regarding his rights, liabilities and
duties to the City, said Employment Agreement being attached hereto
as Exhibit A.
SECTION 3. That the City Council of the City of Edgewater,
Florida, hereby authorizes the Mayor and City Clerk of the City of
Edgewater, Florida, to execute said agreement on behalf of the City
of Edgewater.
SECTION 4. That all resolutions or parts of resolutions and
all ordinances or parts of ordinances in conflict herewith be and
the same are hereby, repealed.
SECTION 5. That this Resolution shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
The first reading of the Resolution was read in full 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 ,�(/ 4ay of August,
1979, and approved as provided by law.
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Approved this � day of
August, A.D., 1979.
Mayor
3repared by:
JR.
City Attorney
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THIS AGREEMENT is made and entered into by and between the CITY OF
EDGEWATER, a Municipal corporation organized under the laws of the
State of Florida, with its principal place of business at 104 North
Riverside Drive, Edgewater, Volusia County, Florida, hereinafter
referred to as "City", and RICHARD DIAMOND, of Edgewater, Florida,
hereinafter referred to as "Diamond".
W I T N E S S E T H
The City has heretofore advertised for applicants for the position
of City Planner and Diamond has submitted his application for said
position. The City Council, feeling that the said applicant is the
best qualified person to be City Planner of the City, the said Council
is therefore desirous of hiring Diamond upon certain terms and con-
ditions and, to that end, feels that it would be appropriate to enter
into a contractual agreement as permitted by the Charter of the City
of Edgewater, Florida, and by entering into the following contract.
Therefore, in consideration of the sums of money hereinafter mention-
ed and the mutual covenats herein contained, the parties agree as
follows:
1. APPOINTMENT, TERM OF EMPLOYMENT AND METHODS OF TERMINATION.
The City hereby hires and appoints Diamond as City Planner of the
City of Edgewater, Florida, to serve in this position under the
direction or supervision of the City Council. The said Diamond
shall hold his office at the pleasure of the City Council. If, how-
ever, the City should terminate the employment of Diamond or Diamond
should resign, he shall be entitled to thirty (30) days notice and
severance pay. At the end of said thirty day period his employment
shall terminate and his right to compensation and any other bene-
fits provided by the City shall terminate. Provided further that
should Diamond resign or be terminated by the City, he shall be enti-
tled to any accrued vacation.
Should Diamond be terminated after having served for three (3) months,
he may demand written charges and a public hearing before the City
Council whereupon written charges shall be prepared within ten (10)
days and said hearing provided within fifteen (15) days from said
termination.
2. SALARY.
The compensation of Diamond as City Planner is hereby set at the
sum of THIRTEEN THOUSAND ($13,000.00) DOLLARS per year, which said
sum shall be payable weekly; subject, however, to the provisions
maintained in Paragraph 1, above.
3. VACATION, SICK LEAVE AND HOLIDAYS.
The parties hereto recognize and agree that Diamond is not and shall
not be covered by the City's Merit Ordinance, so far as grievances,
discipline actions and termination is concerned, but Diamond shall
be entitled to the vacation time, sick leave and holidays as set
forth in various City Ordinances for other employees.
4. INSURANCE.
The City agrees to furnish Diamond with health and life insurance
in accordance with the same terms and conditions that health and
life insurance is provided to other City employees.
5. OTHER EXPENSES.
During his term as City Planner, the City agrees to pay out-of-
pocket expenses incurred by him to attend any out of town meetings
and seminars as may be approved by the City Council.
6. OBLIGATIONS OF DIAMOND.
Diamond agrees to work diligently as a City Planner for the City
of Edgewater, Florida, and agrees to work full time for the City
and accept no outside employment.
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7. BINDING EFFECT.
This agreement shall become binding upon the parties when executed
by both parties.
IN WITNESS WHEREOF, the City of Edgewater, Florida, has hereunto
caused its hand and seal to be affixed by the,,;,:r and City Clerk
after approval by the City Commission this �day of �.
1979.
X!P�e� J
IN WITNESS WHEREOF, RICHARD DIAMOND has hereunto set his hand and
seal this „?8 day of , 1979.
�/G.-w� �.u-e-ys..ek✓
Richard Diamond
STATE OF FLORIDA
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BEFORE ME personally appeared RICHARD DIAMOND to me well known and
known to me to be the person described in and who executed the fore-
going instrument, and acknowledged to and before me that he executed
said instrument for the purposes therein expressed.
WITNESS m hand and official seal this y , a day of v
1979. s:�,,,_,
My commission expires:
Notary P�66a, State o} ¢7cr'.o 1 !.:.
Ely Commission E,xdes 3e-,. `Y
B�tleY da a..n�y +In. a cu�.w,
State of Florida
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