Fort Walton Beach Resolution — 2009-05-Acting CM Compensation — reading text

Resolution 2009- 5 A RESOLUTION PROVIDING FOR THE COMPENSATION OF THE ACTING CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority Pursuant to the authority of sections 13 and 53 of the City Charter, the City Council may appoint an acting city manager from time to time or in the case of a vacancy in the office of city manager and shall fix, by resolution, the compensation of the acting city manager. On January 13, 2009, the City Council appointed Robert T. Mearns as the Acting City Manager. Section 2. Agreement for Services The compensation of the acting city manager shall be as set forth in the Agreement for Services attached to this resolution and incorporated by reference. Section 3. Effective Date This Resolution shall take effect upon approval by Council and signature by the Mayor. ot~ r2(J( J9 6<<~ Mike Anderson, Mayor 7dOptV Attest: Approved for form and legal sufficiency  AGREEMENT FOR SERVICES between City of Fort Walton Beach, Florida and Robert T. Mearns This Agreement is made as of 16 January 2009, between the City of Fort Walton Beach, Florida, a FlorIda municipal corporation (" City") and Robert T. Mearns, (" Acting City Manager"). 1. Duties The City desires to retain the temporary services of Robert T. Mearns as Acting City Manager of the City of Fort Walton Beach, Florida, to perform such duties and assume such responsibilities as are established by section 13 of the City Charter and as directed by the City Council. 2. Acting City Manager' s Devotion of Time The Acting City Manager shall devote his full time and attention to the business of the City and to the furtherance of the City's best interests, and shall faithfully and diligently perform his duties and obligations under this Agreement. 3. Term The Acting City Manager shall serve at the pleasure of the City Council for a temporary time not to exceed ninety ( 90) days from the date of this agreement. At least fifteen ( 15) days before the expiration of this initial appointment term, the City Council shall give notice to the Acting City Manager of its intent to reappoint him for an additional and final ninety-day term. If the Acting City Manager is reappointed, that final term shall expire one hundred and eighty days from the date of this Agreement. 4. Termination; Resignation This Agreement may be terminated at any time by the City, with or without cause. The Acting City Manager may resign from this appointment at any time by giving the City written notice ofms resignation no less than seven ( 7) days prior to the date of resignation. 5. Compensation The City shall pay compensation to the Acting City Manager in the following manner: a. The Acting City Manager shall be paid a base salary of $8, 000 per month with hourly rate calculated by annualizing monthly salary divided by 2080 work hours per year. 8, 000 X 12 = $ 96, 000 + 2, 080 = $ 46. 1538 per hour) . Such salary shall be paid bi-weekly subject to such deductions and withholdings as are required by law or by the City's policies and procedures. b. Auto Allowance - $ 100 per month c. Phone - City issued cell phone 6. Disability; Incapacity If the Acting City Manager is permanently disabled or otherwise incapacitated or unable to perform his duties because of sickness, accident, injury, mental incapacity, or other causes for more than seven ( 7) consecutive days or for more than ten ( 10) days in a thirty ( 30) day period, this Agreement shall terminate. 7. Venue This Agreement shall be governed by and be construed in accordance with the laws of the State of Florida and the proper venue for any action arising out of or in connection with the actions, duties and responsibilities involved in performance of this Employment Agreement shall be in Okaloosa County, Florida. 8. Modification This Agreement may be amended only by formal action of the City Council and agreement of the Acting City Manager. 9. Entire Agreement This Agreement constitutes the entire agreement between the City and the Acting City Manager and supersedes all prior agreements or intentions~oral or written, between the parties. 10. Notice Notices and other communications must be in writing and given by hand- delivery or mailing ( registered or certified u.s. first-class mail, postage prepaid), to the parties at the following addresses: City: Acting City Manager: Mayor Mike Anderson Robert T. Mearns City of Fort Walton Beach 104 Merle Circle 107 Miracle Strip Parkway Fort Walton Beach, FL 32547 Fort Walton Beach, FL 32548 Executed by: City of Fort Walton Beach Attest: A~ Helen Spencer, ity Clerk: rhh ikA- Mike Anderson, Mayor State of Florida Okaloosa County Sworn to or affirmed and signed before me on /. 5- January 2009 by Robert T. Mearns, who is personally known to me. No Public C2~~~ 1 Dixie q. MacDonald Commission DO 716389 f.' W~Rr... l!Expires October 15, 2011 7Ot. Bonded11lluTrorflln..........