2012-58 i
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into thisn day of`''u , 2012, between the City
of Clermont and Dan-en Gray, hereinafter called the Employee, pursuant to these terms and
conditions:
A. WHEREAS, the City wishes to employ the services of Darren Gray as City Manager
of the City of Clermont; and
B. WHEREAS, the City and the Employee desire to provide for certain procedures,
benefits and requirements regarding the employment of the Employee and the City;
and
C. WHEREAS, the Employee wishes to accept employment as City Manager of the
City under the terms and conditions recited herein.
NOW, THEREFORE, CITY AND THE EMPLOYEE AGREE TO THE
FOLLOWING:
1. DUTIES: Effective October 15, 2012, the City agrees to employ Darren Gray as the
City Manager of the City of Clermont to perform all duties as specified by law and
ordinance and to perform such other proper duties as assigned by the City Council.
2. COMPENSATION: The annual base salary of Employee shall be $150,000. The
City agrees to review said base salary and/or benefits on an annual basis and to
increase said salary and benefits to such an extent as the Council may determine
appropriate. At a minimum, the annual base salary shall be increased by any cost of
living adjustment or other increases provided to general employees.
3. TERMS OF EMPLOYMENT: The Term of this Contract shall be indefinite as set
forth in Section 31 (b) of the City Charter.
4. TERMINATION BY THE CITY: The City may terminate the employment of the
Employee in accordance with the provisions of Section 31 (b) of the City Charter and
by directing written notice of termination to the Employee by certified or registered
mail, return receipt requested. In the event of such termination while Employee is
ready, willing and able to perform the duties of the City Manager, the City shall pay
Employee severance pay, a sum equal to twenty (20) weeks compensation. Provided,
however, that the Employee shall not be entitled to severance pay as set forth herein,
if the Employee is fired for misconduct, as defined in Section 443 036(30). Florida
Statutes
5. TERMINATION BY THE EMPLOYEE: This agreement shall not be construed to
create anything other than a terminable at will employment relationship between City
and Employee. The Employee may terminate with the City by directing written
notice of termination to the City by certified or registered mail, returned receipt
requested. In the event of such termination, Employee shall not be entitled to receive
the severance pay provided for in Section 4 of this agreement.
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6. DEFERRED COMPENSATION: The City shall execute the necessary agreement
allowing the Employee to enroll in a deferred compensation plan. The City agrees to
contribute the greater of an amount equal to 10% of the Employees current salary or
that percentage contributed to the General Employees retirement plan into the
deferred compensation plan on the Employee's behalf in equal proportionate amounts
each pay period. The City agrees to transfer ownership upon of the Employee's
resignation or discharge. This deferred compensation is in lieu of normal retirement
plan participation.
7. AUTOMOBILE USE: The City shall provide Employee with a vehicle allowance
of$315.20 per pay period. The allowance shall be adjusted annually on October 1 of
each year in the amount of any Cost of Living adjustment approved for the fiscal
year. Employee shall maintain, at Employee's expense such insurance as is required
to adequately protect the City and as is in accordance with the City's existing
automobile insurance coverage.
8. INSURANCE AND BENEFITS:
a. The City shall provide full major-medical insurance and other benefits and
coverage for the Employee and dependents as provide for other City Employees,
effective as of November 1, 2012.
b. The City shall provide the Employee with life insurance as provided other City
Employees.
c. The City shall furnish and provide the Employee with insurance protection
including comprehensive general liability and errors and omissions coverage
applicable to all acts or omission of the Employee arising out of his employment,
and will defend, save harmless and indemnify the Employee against any tort,
professional liability claim or demand or other legal action arising out of an
alleged act or omission occurring in the performance of the Employee's duties,
excluding illegal or criminal acts.
d. The City shall provide the Employee with all other benefits as provided other
General Employees.
9. VACATION AND SICK LEAVE:
a. The Employee shall be provided with vacation leave in accordance with the
policies applicable to all City employees, provided, however, Employee shall
accrue such leave at the rate of 6.15 hours per pay period effective October 15,
2012.
b. It is recognized by the parties that Employee must devote a great deal of time to
his employment outside normal office hours conducting business of the City. As
such, Employee shall be allowed to take personal leave days up to a maximum of
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five (5) days annually starting January 1, 2013. Such leave time shall be used
within one year of being credited and Employee shall not be entitled to carry over
such leave from year to year.
c. The Employee shall be provided with sick leave as provided for other City
Employees.
d. Upon termination, whether voluntary or involuntary, the City shall compensate
the Employee for all accrued vacation leave and accrued sick leave. Said
compensation shall be based upon the Employee's salary as of the date of
employment termination.
10. DUES AND SUBSCRIPTIONS: The City agrees to budget and to pay for
professional dues and subscriptions of the Employee necessary for his continuation
and full participation in national, regional, state and local associations and
organizations necessary and desirable for his continued professional participation,
growth and advancement and for the good of the City.
11. PROFESSIONAL DEVELOPMENT:
a. The City hereby agrees to budget for and to pay the travel and subsistence
expenses of the Employee for professional and official travel, meetings and
occasions adequate to continue the professional development of the Employee and
to adequately pursue necessary official and other functions for the City, including
but not limited to the annual conference of the Florida City and County Managers
Association, the International City Management Association, and Florida League
of Cities and such other national, regional, state and local government groups and
committee of which the Employee is a member.
b. GENERAL CONDITIONS OF EMPLOYMENT: In addition to the benefits
cited herein, the City shall provide Employee with any and all benefits that apply
to other employees.
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12. BINDING EFFECT: This agreement shall be binding to the City and the Employee
and the successors, assigns, and heirs respectively.
ATTE` : CITY OF CLERMONT
dor.?1
Tracy •,,o• oyd, Clerk arold S. Turville, Jr., Ma or
Date: `s-22-20/2,
Da� n ay f
Date: qI �7 I f
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