LSBGHORZ

AGENDA MEMORANDUM

 

 

Meeting Date:           September 27, 2010

 

From:                          Fred Morrison, City Attorney

 

Subject:                      Contract with Jay Evans as City Manager

 

 

Staff Recommendation:

Staff recommends adoption of a resolution approving the proposed Employment Agreement between the City of Leesburg and Jay Evans, as City Manager.

 

Analysis:

In 2007 the City Commission approved a contract with City Manager Jay Evans, for a three year term which expires September 30, 2010. Mr. Evans has proposed a renewal of the contract for a term of five years under the same terms and conditions. The annual salary proposed under the new contract is $135,000.00. All benefits, termination and severance provisions remain unchanged.

 

Options:        

1.      The Commission may approve the contract as submitted, or

2.      Request that any portion of it deemed unacceptable to the Commission be negotiated with Mr. Evans prior to final approval

 

Fiscal Impact

Since the contract is essentially unchanged from the prior agreement, there should be no adverse fiscal impact on the City.

 

 

Submission Date and Time:    9/22/10 5:06 PM____

 

Department:   City Attorney

Prepared by:  Fred Morrison

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                    

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

 

 

RESOLUTION NO._______________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT WITH CITY MANAGER JAY EVANS; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

            THAT the Mayor and City Clerk are hereby authorized to execute the attached City Manager Employment Agreement with Jay M. Evans, whose address is 33018 Lake Bend Circle, Leesburg, Florida  34788.

 

             THAT this resolution shall become effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _27th____ day of _September ________ 2010.

 

 

 

                                                                            ________________________________

                                                                             Mayor

 

ATTEST:

 

 

____________________________________

City Clerk


 

 

City Manager Employment Agreement

 

 

Introduction

 

This Agreement made and entered into this 27th day of September, 2010, by and between the City of Leesburg, a Florida municipal corporation, (hereinafter called “Employer”) and Jay M. Evans, (hereinafter called “Employee”) an individual who has the education, training and experience in local government management, both of whom agree as follows:

 

 

Section 1: Term

 

The term of this agreement shall be a period of five (5) years from October 1, 2010 to September 30, 2015, except as otherwise provided herein.  The employee agrees to remain in the exclusive employ of the Employer during the term of this agreement. 

 

To the extent that new terms and conditions are negotiated, such items should be addressed six months prior to the expiration of this agreement.  Employee serves at the will of the Employer.

 

Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provision set forth in Section 9 of this agreement.

 

 

Section 2:  Duties and Authority

 

Employer agrees to employ the Employee as City Manager to perform the functions and duties specified in the City of Leesburg Charter, and to perform other legally permissible and proper duties and functions.  Employee shall owe employer a duty of loyalty and shall perform all duties with diligence and good faith.

 

 

Section 3: Compensation

 

The Employer agrees to pay Employee an annual base salary of $135,000.00.  Provided that Employee’s performance is determined to meet the expectations of the Commission, Employee shall be entitled to annual raises at a rate equal to what is offered other full-time employees whose performance meets expectations, effective on the anniversary date of this agreement.  Employer may further increase Employee’s salary based on performance, market comparison, or other considerations.

 

 

Section 4:  Health, Disability and Life Insurance Benefits

 

Upon commencing employment under this agreement, the Employer agrees to provide and to pay the premiums for major medical / hospitalization, prescription, life, accidental death and dismemberment, and other insurance coverage for the Employee and his/her dependents equal to that which is provided to all other full-time employees of the Employer.  Employee shall pay the cost of premiums for dependent coverage consistent with other employees.

 

Section 5:  Vacation and Sick Leave

 

Whereas the Employee, at the time of signing this agreement, was a regular full time employee of the Employer and had accrued Long Term Sick Bank time and Paid Time Off (PTO) under the City’s policies, said accrued time shall be unaffected by this agreement and shall be available for use by the Employee.  Employee shall continue to accrue PTO time as provided for regular full time employees.

 

Section 6:  Automobile Allowance

 

To compensate the Employee for automobile and other expenses related to the duties of City Manager, the Employer agrees to provide a monthly Automobile Allowance of four hundred fifty dollars ($450) to compensate the Employee for expenses related to the use, purchase and-or lease of an automobile, as well as to operate, insure and maintain a vehicle, as well as for other expenses related to the duties of the Employee.

 

The allowance is intended to cover automobile use within Lake County and Employee shall be reimbursed at the standard IRS mileage rate for any business related use of a personal vehicle outside of Lake County.

 

Section 7:    Other Expenses

 

A.        Civic Club Membership.  As an inducement to Employee to have greater exposure and involvement in Leesburg activities, employer shall pay the dues and related costs for the employee to become a member and maintain membership in one or more Leesburg-based civic club(s).  In no event shall this cost exceed $750 in any fiscal year.

 

B.         Business Expenses.  Employer recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Employee, and agrees to reimburse or pay said general expenses, up to an amount not to exceed $200 per month.  The Finance Director shall be authorized to disburse such monies upon receipt of a duly executed expense or petty cash vouchers, receipts, statements or personal affidavits, or to issue a City credit card for such purposes, all the forgoing according to such policies and procedures then in effect governing the reimbursement of expenses to City employees.

 

C.         Professional Development.   Employer shall budget and pay all appropriate professional dues, subscriptions, and expenses related to annual conference attendance and occasional training seminars, on behalf of the Employee for purposes of allowing his continued and full participation in direct job-related professional organizations for the good of the City at the national, regional, state, and local levels.  Such organizations shall include the International City/County Manager’s Association and Florida City/County Management Association.  The Employee will be expected to provide reasonable notice to the City of any planned absences to attend such activities. 

 

D.        The benefits afforded Employee under this Section 7 shall not be due and payable during any time the Employee is on suspension (with or without pay), after the employee has tendered his resignation, regardless of when it takes effect, or after the employee has been notified he has been terminated.

 

Section 8:  Retirement

 

Employee shall be entitled to retirement benefits consistent with City Ordinance 03-57, as amended, including the option to participate in the ICMA retirement program. 

 

Section 9:  Termination and Severance Pay

 

A.        Termination With Cause.  This Agreement may be terminated for cause by a majority vote of the City Commission.  In such cases, the Employee shall be entitled only to accrued benefits available to any other employee.  For purposes of this Agreement, “cause” is conviction of a felony or a crime (whether a felony or misdemeanor) involving dishonesty, moral turpitude, or misfeasance, malfeasance, or nonfeasance in the performance of his duties, or breach of this contract.  The employee shall be given written notice setting forth any charges at least five days prior to a City Commission hearing requested by the Commission member(s) bringing such charges.

 

B.         Termination Without Cause.  This Agreement may be terminated without cause (as defined in paragraph A above) by a majority vote of the City Commission.  Such a vote must be preceded by at least five days written notice to the Employee by a City Commissioner or the City Attorney.  In the event Employee is terminated by the Employer before expiration of the aforesaid term of employment without cause, and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to make a lump sum cash payment equal to six months of base salary payable within fifteen calendar days after termination, unless otherwise agreed to by Employee and Employer.  Employee shall be paid for all unused Long Term Bank and Paid Time Off.  Health insurance coverage for Employee shall be continued during the six months after termination or until employee is covered by another group insurance plan, whichever is earlier, and shall be paid for by Employer.  At his option, Employee may continue to pay for dependent coverage.  No other benefits, including retirement contributions, shall accrue following the effective date of the termination. 

 

C.         Severance payment must be approved by the City Commission prior to issuance.

 

D.        Should the Employer terminate Employee without cause, and Employee accepts the severance payment as provided in Paragraph B above, Employee agrees to release the Employer from any and all claims, demands, or damage associated with the termination, including but not limited to claims asserted under the provisions of the FMLA or ADA.

 

E.        If the Employer, citizens or legislature acts to amend any provisions of the charter, ordinances or appropriate enabling legislation pertaining to the role, powers, duties, authority, responsibilities of the Employee’s position that substantially changes the Employer’s form of government, the effect of which is to eliminate the Employee’s position, substantially reduce his duties and authority, or otherwise create a material, adverse effect on employee, the Employee shall have the right to declare that such amendments constitute termination and shall be entitled to severance as provided in Paragraph B above.

 

F.         If the Employee shall resign at the formal request of a majority of the Commission (as evidenced by a majority in a public meeting), Employee shall be entitled to severance as provided in Paragraph B above.

 

Section 10: Resignation

In the event that the Employee voluntarily resigns his/her position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise.  Provided advance notice is given, employee shall be entitled to pay-out of accrued benefits as otherwise provide for full time employees.

 

Section 11:  Performance Evaluation

Employer shall annually review the performance of the Employee in August, subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The criteria may be added to or deleted as Employer may from time to time determine.  The process at a minimum shall include the opportunity for both parties to:  (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results.  Notwithstanding the foregoing, if the employee is requested to engage in the formulation of process, criteria, and format for his evaluation and refuses to engage meaningfully and in good faith in those negotiations, Employer may proceed with the evaluation using its own criteria.

 

Section 12:  Hours of Work

It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule, provided the Employee works sufficient hours to perform his duties hereunder satisfactorily.

 

Section 13:  Indemnification 

Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee 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 or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct.  The Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer’s expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party.  The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties, unless as a result of his willful or wanton conduct.  Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available.

 

Employee recognizes that Employer shall have the right to compromise claims and unless the Employee is a party to the suit in which event Employee shall have a veto authority over the settlement, Employer may settle any claim or suit; unless, said compromise or settlement is of a personal nature to Employee.  Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer.  Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending.  Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation after Employee’s termination or resignation.

 

Section 14:  Bonding

Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

 

Section 15:   Residency Requirement

Employee shall maintain residency within the Leesburg Utility Service Area during his employment.  This requirement may be met through residency at any property that is served by Leesburg’s water, wastewater, reuse, natural gas, or electric utilities.

 

Section 16:  Other Terms and Conditions of Employment

The Employer, only upon agreement with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Leesburg Charter or any other law.

 

Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by department heads or general employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice.  In the event of any conflict, difference, or discrepancy, the terms of this agreement shall take precedence.

 

Section 17:  Notices

Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:

 

(1)                 EMPLOYER:  Mayor, City of Leesburg, P.O. Box 490630, Leesburg, FL 34749-0630

 

(2)                 EMPLOYEE:  Jay M. Evans, 33018 Lake Bend Cir., Leesburg, FL 34788

 

Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice.  Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.

 

Section 18:  General Provisions

 

A. Integration.  This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer.  Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement.  The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement.

 

B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.

 

C. Effective Date.  This Agreement shall be effective as of October 1, 2007. 

 

D. Severability.  The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision.  In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.

 

IN WITNESS WHEREOF, the City of Leesburg has caused this agreement to be signed and executed by the Mayor on behalf of the City Commission, and duly approved as to form by the Leesburg City Attorney, attested by the Leesburg City Clerk, and the Employee has signed and executed this agreement, all in duplicate, the day and year first above written.

 

 

City of Leesburg                                                      

 

_________________________________                 ________________________________

David Knowles, Mayor                                               Jay M. Evans, City Manager

 

 

Attest:                                                                         Approved as to Form:

 

_________________________________                  ________________________________

Betty M. Richardson, City Clerk                                  Fred Morrison, City Attorney