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Contract 2023-049A2023-049A CITY MANAGER EMPLOYMENT AGREEMENT This agreement made and entered into this day of March, 2023, 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. 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 EIGHTY THOUSAND DOLLARS ($180,000), to be paid in the same manner as other employees of CITY are compensated. Effective April 1, 2023 and on the first day of April each year thereafter that this Agreement is in effect, Bulthuis 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 Bulthuis' salary as it deems appropriate. SECTION 5. PERFORMANCE EVALUATION PROCESS An evaluation of Bulthuis' performance will occur on an annual basis or at such other time as the City Council directs 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 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 2 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 1 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 (I 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 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 3 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. 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 11. 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 of the date of termination. SECTION 12. 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, and for the good of CITY. SECTION 13. PROFESSIONAL DEVELOPMENT A. To the extend the operating budget allows, CITY agrees to budget for and to pay the 4 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 14. BONDING As a condition of his employment, Bulthuis 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 15. 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. {Remainder of Page Intentionally Left Blank) 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 Date: 6 CITY OF CLERMONT Mayor Tim •ry As approved by action f the City Council at its meeting of IT) a rcl•. )1 j , 2023 Date Pij2r;1 ZS, Z0Z3