HomeMy Public PortalAboutCity Manager Employment Contract_Tim BolducEMPLOYMENT AGREEMENT
This Agreement made and entered into the 11th day of February 2019, and
adiusted as shown on December 14, 2020, between the City of Crestview, Florida,
a municipal corporation (hereinafter called CITY) and Timothy Bolduc herein after
called MANAGER), both of whom understand as follows:
WHEREAS, Section 3.01 and Section 5.01 of the Charter of the City of Crestview
establishes the position of City Manager, who shall be fully engaged in work for
the City and shall serve at the pleasure of the City Council of the City of Crestview,
hereinafter called "COUNCIL"; and
WHEREAS, The City desires to employ the services of Timothy Bolduc as City
Manager of the City of Crestview, as provided in the City Charter; and
WHEREAS, Timothy Bolduc desires to serve as City Manager of CITY; and
WHEREAS, it is the desire of the COUNCIL to provide certain benefits, establish
certain conditions of employment, to set working conditions, and set the
framework and context of the relationship that shall exist between the CITY and
MANAGER; and
WHEREAS, the Mayor of the City of Crestview and MANAGER have mutually
negotiated and agreed to the terms of this agreement; and
WHEREAS, the COUNCIL has reviewed and agreed by a majority vote to the terms
of this agreement.
NOW THEREFORE, in consideration of the promises, mutual covenants,
conditions and provisions and undertakings herein contained, and for other good
and valuable considerations, the parties do mutually covenant and agree with
each other as follows:
SECTION 1: DUTIES AND AUTHORITY
CITY agrees to employ Timothy Bolduc as MANAGER to perform the functions
and duties specified in the Charter of the City of Crestview, subsequent
ordinances regarding the duties of the City Manager, and to perform other legally
permissible and proper duties as COUNCIL may assign from time to time.
SECTION 2: TERMS AND EFFECTIVE DATE
A. This Agreement will become effective on the Effective date and shall
remain in effect, except as set forth herein.
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B. CITY and MANAGER agree to the exclusive employment of MANAGER
which shall continue uninterrupted, in accordance with the provisions
of this Agreement, unless terminated or resigned pursuant to Section
10 and 11, respectively herein.
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of COUNCIL to terminate the services of MANAGER at
any time, subject only to the provisions set forth in Section 11 of this
agreement.
D. Nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of the MANAGER to voluntarily resign at any time from
his position with the City, in accordance with provisions set forth in
Section 11 of this Agreement
E. MANAGER agrees to remain in the exclusive employ of CITY, (or
subsidiary, affiliated or related entities of CITY) for the term of this
Agreement and neither to accept other employment by any other
employer during the term of this Agreement.
F. This Agreement shall take effect upon approval by the Council and the
date first entered above.
SECTION 3: COMPENSATION
A. CITY agrees to pay MANAGER an annual base Salary of One Hundred
and Twcnty Thousand dollcrc, ($120,000.00) per One Hundred,
Twenty-two Thousand Three hundred ninetv-five dollars ❑er annum
payable in weekly installments in accordance with City payroll
procedures.
B. In addition, CITY agrees to increase base salary and/or benefits of
MANAGER in such amounts and to such extent as COUNCIL may
determine it is desirable to do so based on an annual performance
evaluation review of MANAGER on or before the anniversary date of
employment each year.
SECTION 4: BENEFITS
A. MANAGER shall receive all benefits provided to exempt full-time
employees, as defined by the City's Personnel Manual.
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B. CITY shall ensure continuous coverage of medical, dental and life
insurance benefits accorded all other employees pursuant the City's
Personnel Manual.
C. CITY will pay MANAGER a vchicic allowancc of $400 a month and
MANAGER will be responsible for all mMinizxi; ncc and upkeep,
netwith ding mileage allowance for CITY busina�v that requires
travel outside of 50 miles of City Hall. City will pav MANAGER a vehicle
allowance of S400 a month or the choice to provide MANAGER with a
vehicle to be used at his discretion. with all maintenance and expenses
to be paid by the city.
D. CITY will pay for a smart cellular phone to be used by the MANAGER
to be used by the MANAGER in accordance with CITY polices.
SECTION 5: RETIREMENT
A. CITY shall provide for the participation of MANAGER in the City of
Crestview General Employees' Pension Plan and further shall pay one
hundred percent (100%) of all appropriate contributions on
MANAGER'S behalf, for both CITY and MANAGER'S share as required
by the CITY's General Employees' Retirement Plan
B. CITY shall pay, on MANAGER'S behalf, an amount equal to 6% of
MANAGER's base salary to the International City Management
Association Retirement Corporation (ICMA-RC) 457 Deferred
Compensation plan, in equal proportionate amounts each pay period
SECTION 6: PROFESSIONAL DEVELOPMENT
A. CITY hereby agrees to budget for and pay for travel and subsistence
expenses of MANAGER for official travel approve by COUNCIL at its
sole discretion and in Compliance with CITY's travel policy.
B. CITY hereby agrees to budget for professional dues of MANAGER
necessary for continuation and full participation in the International
City Management Association (ICMA) and the Florida City/County
Managers Association (FCCMA)
C. CITY hereby agrees to budget for professional licenses renewal fees.
D. CITY agrees to finance or reimburse for professional conferences
deemed to be necessary in the performance of his duties or would be
beneficial to the CITY.
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SECTON 7: HOURS OF WORK
As much as practical, MANAGER will observe regular business hours in
City Hall. However, COUNCIL recognizes that MANAGER must devote
time outside the regular office hours on business for the CITY, and to that
end MANAGER shall determine his own office hours and exercise
flexibility in determining time away from City Hall. COUNCIL and
MANAGER further recognize that time away from City Hall does not
preclude conduct of City business or MANAGER'S availability through
telecommuting or telecommunications.
SECTION 8: OUTSIDE ACTIVITIES
The employment provided for by this Agreement shall be the MANAGER'S
sole employment
CITY acknowledges that MANAGER will begin work upon the execution of
this agreement with the understanding that MANAGER will be employed
at his previous place of employment as well until completion of the
required notice period of thirty (30) days. During this time, MANAGER
will be working a flexible schedule in both places. Also during this time,
the pay will be calculated on a per hours basis until such time as
MANAGER becomes a full-time employee of the CITY.
CITY acknowledges the value of the MANAGER'S involvement with various
boards and committees at both the local and state level. At the time of
this agreement, the CITY acknowledges the MANAGER is currently serving
a gubernatorial appointment to the Building Code Administrators and
Inspectors Board. MANAGER will maintain this position until the term
ends or the CITY and MANAGER determine it is no longer beneficial.
SECTION 9: DISABILITY
If MANAGER is permanently disabled or is otherwise unable to perform
his duties because of sickness, accident, injury, mental incapacity or
health for a period of four successive weeks beyond any accrued sick
leave, or for twenty working days over a thirty -day working day period,
CITY shall have the option to terminate this Agreement, subject to the
severance pay requirements of Section 11. However, MANAGER shall be
compensated for any annual leave or other accrued benefits in
accordance with the City's Personnel manual applicable to other
employees similarly terminated by the City.
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SECTION 10: SUSPENSION
CITY may suspend MANAGER with full pay and benefits at any time
during the term of this Agreement, but only if:
(1) A majority of City Council and MANAGER agree, or
(2) After a public hearing, a majority of the City Council votes to
suspend MANAGER for just cause provided, however, that
MANAGER shall have been given written notice setting forth
any changes at least ten (10) days prior to such a hearing.
SECTION 11: TERMINATION AND SEVERANCE PAY
A. In the event MANAGER is terminated by CITY before expiration of the
aforesaid term of employment and during such time that MANAGER
is willing and able to perform his duties under this Agreement, CITY
agrees to pay MANAGER a lump sum cash payment equal in the
following formula:
1. If termination or resignation occurs during the first year of
employment no severance would be paid.
2. If termination or resignation occurs during the second year of
employment, severance pay would be five (5) weeks of
MANAGER'S base salary.
3. If termination or resignation occurs during the third year of
employment, severance pay would be ten (10) weeks of
MANAGER'S base salary.
4. If termination or resignation occurs during the fourth year of
employment, severance pay would be fifteen (15) weeks of
MANAGER'S base salary.
5. If termination or resignation occurs after the MANAGER has
been employed for four (4) years, severance pay would be
twenty (20) weeks of MANAGER'S base salary.
B. CITY shall also compensate MANAGER for any accrued Annual Leave
in accordance with the City's Personnel Manual and described in
Section 11 of this agreement, provided, however, that in the event
MANAGER is terminated because of misconduct or conviction of any
felony or misdemeanor of first degree, CITY has no obligation to give
notice or pay the aggregate salary set forth is this paragraph. For
purposes of this section, the term "misconduct" shall no not include
acts of ordinary negligence.
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C. The compensation of MANAGER shall be fixed by CITY and shall not be
reduced during its tenure unless otherwise agreed by the parties
hereto. In the event CITY refuses, following written notice to comply
with any material provision of this Agreement herein benefitting
MANAGER, or MANAGER resigns at the request of CITY, the
MANAGER may, at his option, be deemed to be "terminated" (for
purposes of severance pay provision above) as of the date of his
resignation is effective or the date of such refusal to comply.
D. In the event MANAGER voluntarily resigns his position with CITY
before expiration of aforementioned term of his employment, the
MANAGER shall give CITY 3 months advance notice. The parties may
agree to a lesser period of time. In the event MANAGER voluntarily
resigns, the CITY shall not be obligated for payments of any severance
pay or benefits, including but not limited to Aggregate salary,
subsequent to the effective date of MANAGER' resignation. In the
event MANAGER voluntarily resigns, he shall be entitled to insurance
benefits as described in City's personnel manual. Nothing in this
section shall limit the CITY and MANAGER from agreeing to a reduced
or expanded notice upon resignation.
SECTION 12: PERFORMANCE EVALUATION
Within 30 days of the anniversary of the effective date of th-is the original
agreement, dated February 11, 2019, and annually thereafter, the City
Council shall conduct a review of MANAGER'S performance, using forms
agreed upon by the CITY and MANAGER. These forms shall be filled out
by the Council members prior to a set Council meeting and the review
shall be conducted at the Council meeting. The result of the review will
be used to determine any applicable merit pay increase for MANAGER,
which shall go into effect on the anniversary date of this agreement,
subject to appropriations being available in the City's annual operating
budget. The amount of the Merit increase shall be in direct correlation
to the overall rating on MANAGER'S review.
SECTION 13: RESIDENCY REQUIREMENTS
A. MANAGER agrees to establish residence within the city limits or
within 10 miles of the city limits of Crestview within six (6) months
of the first anniversary date of employment and thereafter to
maintain residence within the city limits or within 10 miles of the city
limits of Crestview throughout the term of this Agreement.
SECTION 14: OTHER TERMS AND CONDITIONS OF EMPLOYMENT
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A. This agreement sets forth and establishes the entire CITY and
MANAGER relating to the employment of MANAGER by CITY. Any
prior discussions or representation by or between the parties are
merged into and rendered null and void by the Agreement. The
parties by mutual written agreement may amend any provision of
this Agreement during the life of the Agreement. Further, this
Agreement has been negotiated and drafted by both CITY and
MANAGER and shall not be more strictly construed against either
party.
B. If any provision, or portion thereof, contained in this agreement is
held to be unconstitutional, invalid or unenforceable, the remainder
of the Agreement, or portion thereof, shall be not be affected and
shall remain in full force and effect.
IN WITNESS THEREOF, the City of Crestview has caused this Agreement to be
signed and executed on behalf of its Mayor and City Council, and duly attested
by the City Clerk and the manager has signed an executed this agreement, both
in duplicate, the effective day and year first written above.
Whitten, Mayor
City of Crestview, Florida
ATTEST:
Seal
Elizabeth Roy, City Clerk
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