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1997-11 .- 8 8 EMPLOYMENT AGREEMENT TIllS AGREEMENT is made and entered into this 11th day of February, 1997, between the City of Clermont and Wayne Saunders, hereinafter called the EMPLOYEE, pursuant to these terms and conditions: A. B. WHEREAS, the City wishes to employ the services of Wayne Saunders as City Manager of the City of Clermont; and 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 said City under the terms and conditions recited herein. NOW, THEREFORE, CITY AND THE EMPLOYEE AGREE TO THE FOLLOWING: 1. DUTIES: The City agrees to employ Wayne Saunders 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 $74,000. The City agrees to increase said base salary and/or benefits to such an extent as the Council may determine desirable and to do so on the basis of annual salary review made at the same time and with similar consideration as given other salaried employees. 3. TERMS OF EMPLOYMENT: a. Employee shall be retained as City Manager of the City of Clermont for a five (5) year period, commencing on the 28th day of May, 1997. b. Four (4) years after the date of this agreement, the City and Employee shall re-negotiate the terms of this agreement. In the event that mutually agreeable terms cannot be reached by the Employee and the City, then this agreement shall terminate within five (5) years of execution hereof. r ':2/,1/"'7 8 8 EMPLOYMENT AGREEMENT Page 2 4. TERMINATION BY THE CITY: The City may terminate the employment of the Employee by directing written notice of termination to thé 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 City Manager, the City shall pay Employee severance pay, a sum equal to 180 days aggregate salary. 5. TERMINATION BY THE EMPLOYEE: The Employee may terminate with the City by directing written notice of termination to the City by certified or registered mail, return receipt requested. In the event of such termination, Employee shall not be entitled to receive the termination pay provided for in Section 4 of this agreement. 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 an amount equal to 7 % of the Employee's current salary into the deferred compensation plan on the Employee's behalf in equal proportionate amounts each pay period. The City agrees to transfer ownership upon the Employee's resignation or discharge. This deferred compensation is in lieu of normal retirement plan participation. 7. AUTOMOBILE USE: The City shall provide the Employee with the unrestricted use of an automobile. The City shall be responsible for all costs relating to the operation of said automobile as it pertains to employment duties. 8. INSURANCE COVERAGE: a. The City shall provide full major-medical insurance for the Employee and dependents as provided for other City Employees. 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 omissions of the Employee arising out of his employment, and will defend, save 10. 11. 12. 9. 8 8 EMPLOYMENT AGREEMENT Page 3 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. VACATION AND SICK LEAVE: a. The Employee shall be provided with vacation leave as provided for other City Employees. b. The Employee shall be credited with sick leave as provided for other City Employees. c. Upon termination, whether voluntary or involuntary, the City shall compensate the Employee for all accrued vacation leave and accrued sick leave as provided for other City Employees. Said compensation shall be based upon the Employee's salary as of the date of employment termination. COMPENSATORY TIME: The City shall provide the Employee with reasonable time off from normal duties as compensation for extended office hours and evening meetings. DUES AND SUBSCRIYflONS: 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. 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 International City Management Association, the State League of Cities and such other national, regional, state and local 4 8 8 EMPLOYMENT AGREEMENT Page 4 government groups and committees thereof which the Employee serves as a member. b. GENERAL CONDITIONS OF EMPLOYMENT: In addition to the benefits cited herein, the City shall provide the Employee with any and all benefits that apply to other employees. 13. BINDING EFFECT: This agreement shall be binding of the City and the Employee and the successors, assigns and heirs respectively. ATIEST: CITY OF CLERMONT r:2epe;v City Clerk /2/{l ~ Robert A. Pool, Mayor o¿~?/t¡7 yn Saunders, City Manager