Contract 2021-063A#2021-063-A
CITY MANAGER EMPLOYMENT AGREEMENT
This agreement made and entered into this a day of September, 2021, by and between the
City of Clermont, a municipal corporation of the State of Florida, hereinafter referred to as "CITY",
and Brian M. Bulthuis, hereinafter as "Bulthuis, who agree as follows:
WITNESSETH:
WHEREAS, CITY desires to employ Bulthuis as City Manager of the City of Clermont, as
provided by Article V of the Charter of the City of Clermont and all other applicable ordinances and
policies of the City of Clermont.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
SECTION 1. RESPONSIBILITIES
A. CITY hereby agrees to employ Bulthuis as City Manager to perform the functions
specified as set forth by the laws of the State of Florida; the Charter, ordinances, and resolutions of
the City of Clermont; and to perform other legally permissible and proper duties and functions as the
Council shall from time -to -time assign.
B. Bulthuis, shall work full-time during each pay period of Bulthuis' tenure as City
Manager.
C. Bulthuis shall remain in the exclusive employ of CITY and shall not accept other
employment nor become employed by any other employer.
D. Bulthuis shall not engage in any conduct which could reflect unfavorably upon the
City. Bulthuis will at all times uphold the ethics rules, regulations, and laws of the State of Florida.
Bulthuis must comply with all lawful City Council directives; state, local, and federal laws; and the
City's policies, rules, ordinances, and City Charter. Failure to comply with ethical commitments shall
constitute cause for termination.
SECTION 2. TERM
A. CITY appoints Bulthuis to serve as City Manager with an effective starting day by
December 1, 2021, for an indefinite period to be reviewed annually. It shall be the responsibility of
the CITY to evaluate Bulthuis in accordance with the evaluation procedure set forth herein. It is
understood that Bulthuis will make all attempts to begin employment prior to December 1, 2021
depending on relocation issues, Bulthuis shall keep CITY aware of relocation issues and the start
date may be adjusted accordingly.
B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the CITY to terminate the services of Bulthuis at any time, subject only to the provisions set forth in
Section 31 of the City Charter.
C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of
the Bulthuis to resign at any time from his position with CITY, subject only to the provision set forth
in this Agreement.
SECTION 3. EMPLOYEE AT WILL
It is specifically acknowledged and agreed by the parties that this agreement does not create
any relationship between the parties other than that of an employee at will. Nothing herein shall be
construed or operate to provide to Bulthuis upon termination or separation from the CITY, any
benefits other than those set forth in this Agreement.
SECTION 4. SALARY
CITY shall pay to Bulthuis for his services an annual base salary of ONE HUNDRED AND
SEVENTY-FIVE THOUSAND DOLLARS ($175,000), to be paid in the same manner as other
employees of CITY are compensated. Bulthuis may receive merit or cost of living increases as
determined by the City Council.
SECTION 5. PERFORMANCE EVALUATION PROCESS
Bulthuis shall receive an initial evaluation by the City Council as soon as practical after the
expiration of six (6) months from his appointment. Upon attainment of a satisfactory evaluation
after 6 months of employment Bulthuis' base salary shall increase to ONE HUNDRED AND
EIGHTY THOUSAND ($180,000) to be paid in the same manner as other employees of CITY are
compensated.. Upon attainment of a successful evaluation after six months of employment and as
soon as practical after the expiration of Bulthuis' initial year of employment Bulthuis shall be
evaluated by the City Council to eligibility for a base compensation adjustment upon attainment of
successful evaluation. Thereafter, a performance evaluation will occur on an annual basis with any
base compensation adjustment to be dependent upon the results of the evaluation and consistent with
approved Annual City Budget appropriations. The City Council shall evaluate/review the
performance of Bulthuis in a public meeting, subject to a process, form, criteria, and format which
shall be mutually agreed upon by Bulthuis and the City Council.
SECTION 6. VACATION AND SICK LEAVE
A. Bulthuis shall be provided with vacation leave in accordance with the policies
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applicable to all City employees, provided, however, Bulthuis shall accrue such leave at the rate of 6.
15 hours per pay period effective on his first date of employment. Upon beginning employment
Bulthuis shall be credited with 40 hours of vacation leave.
B. It is recognized by the parties that Bulthuis must devote a great deal of time to his
employment outside normal office hours conducting business of the City. As such, Bulthuis shall be
allowed to take personal leave days up to a maximum of five (5) days annually starting January 1,
2022. Such leave time shall be used within one year of being credited and Bulthuis shall not be
entitled to carry over such leave from year to year.
C. Bulthuis shall be provided with sick leave as provided for other City Employees,
accrued at 3.69 hours per pay period. Upon beginning employment Bulthuis shall be credited with 40
hours of sick leave.
D. Upon termination, whether voluntary or involuntary, the City shall compensate the
Bulthuis for all accrued vacation leave and accrued sick leave. Said compensation shall be based
upon the Bulthuis' salary as of the date of employment termination.
E. Holidays are established in the City's Employee Policies Manual.
SECTION 7. DISABILITY, DENTAL, HEALTH AND LIFE INSURANCE
A. CITY shall provide full major-medical insurance and other benefits and coverage for
Bulthuis, and dependents as provided for other City Employees. Coverage will commence on the I st
of the month following Bulthuis' initial sixty (60) days of employment.
B. CITY shall provide Bulthuis with life insurance as provided other City Employees.
(100% paid by CITY with insured amount equal to one- and one-half times (1'/2X) Bulthuis' base
salary, up to a maximum of $200,000 of Bulthuis' base salary.)
C. CITY shall furnish and provide Bulthuis with insurance protection including
comprehensive general liability and errors and omissions coverage applicable to all acts or omission
of Bulthuis arising out of his employment, and to the extent provided by law and without waiving its
sovereign immunity, will defend, save harmless and indemnify Bulthuis 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 Bulthuis' duties, excluding intentional torts or illegal or criminal acts.
D. CITY shall provide Bulthuis with all other benefits as provided other City employees,
except for and not including any and all rights contained in CITY's Employment Policies Manual .
SECTION 8. AUTOMOBILE AND CELL PHONE
A. Bulthuis, at his option, shall receive a cell phone issued and paid for by CITY for his
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use while employed with CITY or CITY shall pay Bulthuis $125 per month phone allowance.
B. CITY shall pay Bulthuis FIVE HUNDRED ($500.00) dollars per month for all
expenses, including maintenance, repairs, gasoline, and insurance associated with his use of his own
vehicle within the City of Clermont and in lieu of mileage expenses within the State of Florida.
Bulthuis shall maintain his own insurance in an amount not less than $100,000.00 dollars per claim,
and $300,000.00 dollars per incident. Said insurance shall be with a company acceptable to CITY
and shall not be construed or constitute a waiver to the CITY's sovereign immunity protection.
SECTION 9. RETIREMENT
CITY shall execute the necessary agreement allowing Bulthuis, at his option, to enroll in a
defined contribution or deferred compensation plan as established by CITY. 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
Bulthuis' behalf in equal proportionate amounts each pay period. The City agrees to transfer
ownership upon Bulthuis' resignation or discharge. The Bulthuis shall be 100% vested in the
deferred compensation retirement Plan at the time of his enrollment. It is noted that the CITY also
participates in the Federal Social Security System with associated Employee and Employer required
contributions.
SECTION 10. MOVING AND RELOCATION EXPENSE
A. Direct Payment of Costs for Moving Household Items. CITY shall pay the relocation
costs associated with moving Bulthuis' household items from Acworth, Georgia to Lake County,
Florida. Relocation costs include packing, transportation, and insurance costs for Bulthuis'
household items. Bulthuis must provide CITY with quotes from three (3) moving companies. The
qualified vendor with the lowest quote as determined by CITY's Finance Department will be
retained and CITY agrees to pay the moving company directly for the actual relocation costs.
B. Reimbursable Costs. In addition to the foregoing, CITY shall reimburse Bulthuis for
relocation costs as set forth below. As a condition of receiving reimbursement hereunder, Bulthuis
shall provide CITY with receipts, in a form acceptable to CITY's Finance Department for actual
costs incurred for the items listed below. If this Agreement is terminated by Bulthuis within two (2)
years of the Effective Date, Bulthuis shall repay CITY the full amount of the costs paid no later than
thirty (30) days after the date Bulthuis' employment terminates. CITY agrees to reimburse Bulthuis
for the actual cost of the following items, up to a total amount not to exceed $30,000.00.
1. Lodging and Meals. Actual lodging expenses and Employer's standard per
diem amount for meals for Employee, his spouse, and his children while
traveling to Clermont to locate housing and relocate.
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2. Transportation. Transportation expenses incurred by Bulthuis while traveling
to Clermont to locate housing and relocate:
a. If flying, the actual costs of air fare and baggage fees; and
b. If driving, mileage reimbursement at the current IRS rate.
3. Storage Costs. The actual storage costs of Employee's household items prior
to moving to permanent housing.
4. Moving of Goods. Packing, transportation, and costs of moving household
goods from storage and/or from temporary housing to permanent housing.
5. Temporary Housing. Rent or lease payments for temporary housing.
C. In the event it is necessary for CITY to pursue any reimbursement due to Bulthuis'
termination as described in B above, CITY shall be entitled to withhold or deduct said
reimbursement amount from any and all compensation due and not paid to Bulthuis as of the
effective date of the termination. Additionally, in the event it is necessary for CITY to pursue
available legal remedies to collect said reimbursement, CITY shall recover its reasonable attorney
fees and court costs incurred at all levels including appeal.
SECTION 11. TERMINATION AND SEVERANCE PAY
The CITY may by majority vote of the City Council with or without cause remove Bulthuis from
office in accordance with Section 31 of the City Charter. If Bulthuis is terminated without cause, he
shall receive Twenty (20) weeks of salary earned and unused paid time off leave, sick, and retirement
benefits. If Bulthuis resigns or is terminated with cause of for misconduct, as defined in Section 443
036(30). Florida Statutes. CITY shall not be obligated to pay severance and related benefits.
SECTION 12. RESIGNATION
In the event Bulthuis voluntarily resigns his position with CITY, Bulthuis shall give CITY
thirty (30) calendar days prior written notice unless the parties agree otherwise. Upon his voluntary
resignation, Bulthuis shall not be entitled to any severance pay as set forth in above but shall be
entitled to receive payment for and unused paid time off leave, sick, and retirement benefits as ofthe
date of termination.
SECTION 13. DUES AND SUBSCRIPTIONS
CITY agrees to pay for, as the operating budget allows, professional dues and subscriptions
of Bulthuis for his continued and full participation in national, regional, state, and local associations
and organizations necessary and desirable for his continued professional growth, and advancement,
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and for the good of CITY.
SECTION 14. PROFESSIONAL DEVELOPMENT
A. To the extend the operating budget allows, CITY agrees to budget for and to pay the
travel and subsistence expenses of Bulthuis for professional and official travel, meetings and
occasions adequate to continue the professional development of Bulthuis 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 Management Association (FCCMA), the International City/County
Management Association (ICMA), and Florida League of Cities (FLC) and such other national,
regional, state and local government groups and committee of which Bulthuis is a member.
B. CITY also agrees to pay for as the operating budget allows travel and subsistence
expenses of Bulthuis for short courses, institutes and seminars that will benefit CITY.
C. Bulthuis will not be required to utilize paid time off in order to attend activities
covered by this section.
SECTION 15. BONDING
, Asa condition of his employment, Bulthuis shall be bonded as provided bylaw or ordinance
and as deemed appropriate by CITY. CITY shall bear the full cost of any fidelity or other bonds as
required.
SECTION 16. MISCELLANEOUS TERMS
A. Bulthuis shall submit to an annual physical examination, including but not limited to,
drug testing, by a qualified physician selected by CITY. The CITY shall pay for the cost of the
physical in an amount not to exceed $500.00. Any additional costs shall be borne by Bulthuis or
pursuant to his available health insurance. The results of the required physical shall be made
available to the City as soon as possible thereafter.
B. The text herein shall constitute the entire agreement between the parties.
C. This agreement shall become effective, upon its execution by both parties.
D. If any provision, or any portion thereof, contained in this agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof, shall
be deemed severable, shall not be affected, and shall remain in full force and effect.
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E. This Agreement, including any attachments hereto, constitutes the entire Agreement
between the parties and shall supersede, replace, and nullify any and all prior agreements or
understandings, written or oral, relating to the matters set forth herein, and any such prior agreements
or understandings shall have no force or effect, whatsoever, on this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth below for
the purposes set forth herein.
BRIAN M. BULTHUIS
D te:
CITY OF CLERMONT
Mayor Tim Mu
As approved by action o e City Council at its
meeting of September 14, 2021
Date ��