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HomeMy WebLinkAboutContract 2025-086ACITY MANAGER EMPLOYMENT AGREEMENT This agreement made and entered into this _ day of August 2025, by and between the City of Clermont, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Rick Van Wagner, hereinafter as "Van Wagner", who agree as follows: WITNESSETH: WHEREAS, CITY desires to employ Van Wagner 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 Van Wagner 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. Van Wagner, shall work full-time during each pay period of Van Wagner's tenure as City Manager. C. Van Wagner shall not engage in any conduct which could reflect unfavorably upon the City. Van Wagner will at all times uphold the ethics rules, regulations, and laws of the State of Florida. Van Wagner 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 Van Wagner to serve as City Manager for an indefinite period to be reviewed annually. It shall be the responsibility of the CITY to evaluate Van Wagner in accordance with the evaluation procedure set forth herein. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate the services of Van Wagner 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 Van Wagner 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 Van Wagner upon termination or separation from the CITY, any benefits other than those set forth in this Agreement. SECTION 4. SALARY CITY shall pay to Van Wagner for his services an annual base salary of ONE HUNDRED NINETY-TWO THOUSAND AND FOUR DOLLARS ($192,004), to be paid in the same manner as other employees of CITY are compensated. Effective on the first full payperiod of April each year that this Agreement is in effect, Van Wagner shall receive a merit and/or cost of living increase as approved and budgeted by the City Council for all City non -collective bargaining unit employees. Notwithstanding the foregoing, as part of the annual evaluation process provided hereunder, the City Council may adjust Van Wagner's salary as it deems appropriate. SECTION 5. PERFORMANCE EVALUATION PROCESS The City Council may evaluate/review the performance of Van Wagner in a public meeting, subject to a process, form, criteria, and format of its choosing. SECTION 6. VACATION AND SICK LEAVE A. Van Wagner shall be provided with vacation leave in accordance with the policies applicable to all City employees, provided, however, Van Wagner shall accrue such leave at the rate of 6.15 hours per pay period effective on the date of this agreement. Additionally, upon approval of this contract, Van Wagner shall be credited with 40 hours of vacation leave every quarter. B. Van Wagner shall be provided with sick leave as provided for other City Employees, accrued at 3.69 hours per pay period. Upon approval of this contract, Van Wagner shall be credited with 40 hours of sick leave. C. Upon termination, whether voluntary or involuntary, the City shall compensate Van Wagner for all accrued vacation leave and accrued sick leave. Said compensation shall be based upon Van Wagner's salary as of the date of employment termination. D. Holidays are established in the City's Employment Policies Manual. SECTION 7. DISABILITY, DENTAL, HEALTH AND LIFE INSURANCE A. CITY shall offer full major-medical insurance and other benefits and coverage for Van Wagner, and dependents as provided for other City Employees. 2 B. CITY shall provide Van Wagner with life insurance as provided other City Employees. (100% paid by CITY with insured amount equal to one- and one-half times (IM) Van Wagner's base salary, up to a maximum of $200,000 of Van Wagner's base salary.) C. CITY shall furnish and provide Van Wagner with insurance protection including comprehensive general liability and errors and omissions coverage applicable to all acts or omission of Van Wagner arising out of his employment, and to the extent provided by law and without waiving its sovereign immunity, will defend, save harmless and indemnify Van Wagner 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 Van Wagner's duties, excluding intentional torts or illegal or criminal acts. D. CITY shall offer Van Wagner 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. Van Wagner, at his option, shall receive a cell phone issued and paid for by CITY for his use while employed with CITY. B. CITY shall pay Van Wagner 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. Van Wagner 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 8. TERMINATION AND SEVERANCE PAY The CITY may by majority vote of the City Council with or without cause remove Van Wagner from office in accordance with Section 31 of the City Charter. If Van Wagner is terminated without cause, he shall receive unused paid time off leave, sick, and retirement benefits. If Van Wagner is terminated with cause for misconduct, as defined in Section 443 036(30) Florida Statutes, CITY shall not be obligated to pay severance and related benefits. SECTION 9. RESIGNATION In the event Van Wagner voluntarily resigns his position with CITY, Van Wagner shall give CITY thirty (30) calendar days prior written notice unless the parties agree otherwise. Upon his voluntary resignation, Van Wagner shall be entitled to receive payment for any unused paid time off leave, sick, and retirement benefits as of the date of termination. K SECTION 10. DUES AND SUBSCRIPTIONS CITY agrees to pay for, as the operating budget allows, professional dues and subscriptions of Van Wagner 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, and for the good of CITY. SECTION 11. PROFESSIONAL DEVELOPMENT A. To the extend the operating budget allows, CITY agrees to budget for and to pay the travel and subsistence expenses of Van Wagner for professional and official travel, meetings and occasions adequate to continue the professional development of Van Wagner 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 Van Wagner is a member. B. CITY also agrees to pay for as the operating budget allows travel and subsistence expenses of Van Wagner for short courses, institutes and seminars that will benefit CITY. C. Van Wagner will not be required to utilize paid time off in order to attend activities covered by this section. SECTION 12. BONDING ,As a condition of his employment, Van Wagner shall be bonded as provided by law or ordinance and as deemed appropriate by CITY. CITY shall bear the full cost of any fidelity or other bonds as required. SECTION 13. MISCELLANEOUS TERMS A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall become effective, upon its execution by both parties. C. 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. {Remainder of Page Intentionally Left Blank) 4 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. RICK VAN WAGNER A�'t Date: $ l a (a ( 5 0 CITY OF CLERMONT Mayor Tim Mtuy As approved by action f the City Council at its meeting of AQLx,5j (9, 2025 Date