2002-12
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EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of April, 2002, between the City of
Clermont and Wayne Saunders, hereinafter called the EMPLOYEE, pursuant to these terms and
conditions:
A.
WHEREAS, the City wishes to employ the services of Wayne Saunders 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 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 ofthe
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
$81,640. 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, 2002.
b.
Four (4) years after the date ofthis agreement, the City and Employee shall
re-negotiate the terms ofthis 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.
4.
TERMINATION BY THE CITY: The City may terminate the employment of
the Employee 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
City Manager, the City shall pay Employee severance pay, a sum equal to 180
days aggregate salary.
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EMPLOYMENT AGREEMENT
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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 tennination 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 defen-ed compensation plan. The
City agrees to contribute an amount equal to 8% ofthe Employee's cun-ent salary
into the defen-ed compensation plan on the Employee's behalf in equal
proportionate anlounts each pay period. The City agrees to transfer ownership
upon the Employee's resignation or discharge. This defen-ed 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 en-ors and omissions
coverage applicable to all acts or omissions 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.
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
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EMPLOYMENT AGREEMENT
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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 ofthe date of employment temlination.
10.
COMPENSATORY TIME: The City shall provide the Employee with reasonable time
off from normal duties as compensation for extended office hours and evening meetings.
11.
DUES AND SUBSCRIPTIONS: The City agrees to budget and to pay for professional
dues and subscriptions ofthe 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.
12.
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 ofthe International City Management
Association, the State League of Cities and such other national, regional, state and
local 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.
ATTEST:
CITY OF CLERMONT
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aro d S. Turville, Jr., Mayor
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CITY OF CLERMONT
RESOLUTION
NO. 1408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA; AMENDING THE DEFINED CONTRIBUTION
RETIREMENT PLAN FOR THE GENERAL EMPLOYEES OF THE CITY OF
CLERMONT, REVISING. THE DEFERRED COMPENSATION
CONTRIBUTION AS SET FORTH IN THE CITY MANAGER EMPLOYMENT
AGREEMENT, PROVIDING FOR CONFLICTING RESOLUTIONS; AND
PROVIDING AN EFFECTIVE DATE.
'VHEREAS, the City Council established a Defined Contribution Retirement Plan for employees of the City of
Clermont pursuant to Code Ordinance Number 315-C; and
\VHEREAS, the Defined Contribution Retirement Plan Adoption Agreement was executed on November 13,
2001; and
WHEREAS, Section 23 of the Defined Contribution Retirement Plan Document authorizes the City Council to
make amendments, in whole or in part, either retroactively or prospectively, in accordance with the limitations
set out in that section; and
WHEREAS, the City Manager Employment Agreement executed on April 9, 2002, provides for the City to
contribute to a deferred compensation plan on behalf of the City Manager in lieu of normal retirement plan
participation; and
WHEREAS, the City Council desires to amend the City's contribution rates from 8% to 10% as provided in the
General Employee Defined Contribution Retirement Plan Adoption Agreement and the City Manager
Employment Agreement.
NO'V, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida
that:
SECTION 1. The Defined Contribution Retiremeñt Plan Adoption Agreement with regard to the City's
contributions is hereby amended to provide that the non-elective contributions elected by the City shall be made
. on the basis often percent (10%) of participant's benefit compensation.
SECTION 2. This amendment expressly modifies the Adoption Agreement and any and all prior
amendments thereto and in the event of a conflict, the terms and conditions of this amendment shall prevail.
SECTION 3. Consistent herewith, the City's contribution rate to a deferred compensation plan as
provided in the City Manager Employment Agreement is hereby increased to 10% of the City Manager's
salary.
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SECTION 4. This Resolution shall shall be effective October 1,2004.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 12TH DAY OF OCTOBER 2004.
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.." 0 S. Turville, Jr. . I
Mayor