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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. 1iPage Strikoput€ doIetions, underlined Italics are additions. 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. 21?age `trikeoutc arc del etipns, underlined Italics are additions. 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. Wage Stpilecomitc srs deletions, underlined Italics are additions. 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. 4IPage Strikeout€ are d oletions, underlined Italics are additions. 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. 51?ag Strom. ifs z i deletions, underlined Italics are additions. 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 61?age ""ikeoutc dole+i^nc, underlined Italics are additions. 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 71?age Strikeout are deletion , underlined Italics are additions.