Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

International City Management Association Retirement Corporation [ CMA- RC] 457 Deferred Compensation plan, in equal proportionate amounts each pay period. SECTION 6: PROFESSIONAL DEVELOPMENT A. CITY hereby agrees to continue to budget for and to pay for professional dues and subscriptions of the MANAGER FINANCE DIRECTOR necessary for continuation and in full participation in national, regional, state, and local associations, and organizations including tho Intern3tion::JI City M8n3gement Associ3tion ( ICMA), Government Fin3nco Officers /\ ssoci8tion ( GFO.^.), the Florida City/ County M::m3gerc .^,E:soci3tion ( FCCM/\) and the Florida government Fin::mce Officers Association FGFOA) related to duties and responsibilities of the FINANCE DIRECTOR. B. CITY hereby agrees to budget for and to pay for travel and subsistence expenses of MANAGER FINANCE DIRECTOR for professional and official travel, conferences and seminars, including a minimum of one national and one state conference per year. SECTION 7: HOURS OF WORK As much as practical, MANAGER FINANCE DIRECTOR shall observe regular business hours in City Hall. However, Council recognizes that the MANAGER FINANCE DIRECTOR must devote great a deal of time outside the office hours business for the CITY, and to that end MANAGER the regular on FINANCE DIRECTOR shall determine her own office hours and exercise flexibility in determining time 44094 Page 3 away from City Hall. Council and MAN:\ GER FINANCE DIRECTOR further recognize that time away from City Hall does not preclude conduct of City business or M~m3gor' s FINANCE DIRECTOR' S availability through telecommuting or telecommunications. SECTION 8: OUTSIDE ACTIVITIES The employment provided for by this Agreement shall be the MANAGER' S FINANCE DIRECTOR' S sole employment Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the CITY and the community, the MANAGER FINANCE DIRECTOR may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement. SECTION 9: TERMINATION For the purpose of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the M.^, N/\GER FINANCE DIRECTOR at a duly authorized public meeting and MANAGER FINANCE DIRECTOR shall be entitled to severance as provided in Section 10 of this Agreement. 8. If the CITY, citizens or legislature acts to amend any provisions of the Charter of the City of Fort Walton Beach, its Code of Ordinances or, enabling legislation pertaining to the role, powers, duties, authority, responsibilities of the MANAGER' S FINANCE DIRECTOR' S position or that substantially changes the form of government, the MANAGER FINANCE DIRECTOR shall have the right to declare that such amendments constitute termination and M/\ NAGER FINANCE DIRECTOR shall be entitled to severance as provided in Section 10 of this Agreement. C. Any reduction in the base salary, compensation or any other financial benefits of the MANAGER FINANCE DIRECTOR, unless it is applied in no greater percentage than to all employees, shall constitute a breach of this agreement and will be regarded as a termination and MMJAGER FINANCE DIRECTOR shall be entitled to severance as provided in Section 10 of this Agreement. D. Manager FINANCE DIRECTOR is terminated by Council for cause or In the event the conviction, the CITY shall have no obligation to pay severance as provided in Section 10 of this Agreement. SECTION 10: SEVERANCE A. Severance shall be paid to the MANAGER FINANCE DIRECTOR when employment is terminated as defined in Section 9 of this Agreement. B. If the MANAGER FINANCE DIRECTOR is terminated, the CITY shall provide a minimum severance payment equal to six ( 6) months base salary at the exit salary rate. This severance shall be paid in a lump sum unless otherwise agreed to by the CITY and the M,^JJAGER FINANCE DIRECTOR within forty-five ( 45) days of termination. C. The MANAGER FINANCE DIRECTOR shall also be compensated for one hundred percent ( 100%) of accrued vacation leave up to 320 hours and compensated for accrued sick leave in accordance with Personnel Rules and Regulations, Section 20, both at the exist salary rate. City D. In the event the M::mager FINANCE DIRECTOR is terminated by Council for cause or conviction, the CITY shall have no obligation to pay severance as provided for in this Agreement. SECTION 11 : RESIGNATION In the event that the MANAGER FINANCE DIRECTOR voluntarily resigns her position with the CITY, the MANAGER FINANCE DIRECTOR shall provide a minimum of sixty ( 60) days advance notice 44094 Page 4 unless Council approves a shorter notice. In the event of voluntary resignation, the CITY agrees to pay MAN/\ GER FINANCE DIRECTOR all accrued and inured benefits and agrees to allow continuation of any and all insurance coverage in accordance with federal, state and/ or local regulations. SECTION 12: INDEMNIFICATION CITY shall defend, save harmless and indemnify MANAGER FINANCE DIRECTOR, pursuant to Federal, State and Local Law against any claim, action, suit, or proceeding,groundless or otherwise, arising out of an alleged act or omission occurring in the performance of MI\N/\ GER' S FINANCE DIRECTOR' S duties as CITY MANJ\ GER FINANCE DIRECTOR or resulting from the exercise of judgment or discretion in connection with the performance of the duties or responsibilities, unless the act or omission involved willful or wanton conduct. The CITY shall provide for M.^.NAGER the FINANCE DIRECTOR' S legal defense, court costs and other reasonable costs and expenses of legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by such MANAGER FINANCE DIRECTOR, not limited to judgments or settlements, in connection with or resulting from any claim, action, suit or proceedings, actual or threatened, arising out of or in connection with the performance of his or her duties. Any settlement of any claim must be made with prior approval of the CITY in order for indemnification, as provided in this Section, to be available. SECTION 13: BONDING CITY shall bear the full cost of any fidelity or other bonds required of the MANAGER FINANCE DIRECTOR under any law or ordinance. SECTION 14: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. This Agreement sets forth and establishes the entire understanding between the City and the M/\ NAGER FINANCE DIRECTOR relating to the employment of the M/\ NAGER FINANCE DIRECTOR by the CITY. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. Further, this Agreement has been negotiated and drafted by both CITY AND MANAGER FINANCE DIRECTOR and shall not be more strictly construed against either party. B. If any provision, or any portion thereof, contained in this agreement is held to be 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. IN WITNESS WHEREOF, the City of Fort Walton Beach has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by the City Clerk and the Finance Director has signed and executed this Agreement, both in duplicate, the effective day and year first written above. EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF FORT WALTON BEACH AND LISA ABSHER AS FINANCE DIRECTOR. Lisa Absher City of Fort Walton Beach Attest: Approved as to Form and Legal Sufficiency: 44094 Page 5  CITY COUNCIL MEETING June 26, 2007 Regular Agenda Request approval for a local artist to paint a new mural on the Brooks Bridge as a community service project, and authorize the CDS Department to coordinate the project CDS Director) Community Redevelopment Agency Recommendation: Approval (6- 0) ( 6/6/07) Council Action 1st 2nd Vote: Agenda Item Number: 16 I CITY OF FORT W ALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: June 26, 2007 To: Joyce Shanahan, City Manager Via: Missy McKim, AICP, CDS Director h From: Christy Johnson, AICP, CDS Principal PlanI& . Subject: Request for a Local Artist to Paint a New Mural on the Brooks Bridge REQUEST: Community Development Services ( CDS) requests that Tamala Cusumano, a local artist, be permitted to paint a new mural over the deteriorating one on the Brooks Bridge as community a service project. The only cost to the City' s Community Redevelopment Agency is the purchase of paint, disposable brushes and the cost to have the wall professionally cleaned. BACKGROUND: Tamala Cusumano is looking for a community service project where she can showcase her talents as an artist. She grew up in the area and desires to paint the history of Fort Walton Beach on the Brooks Bridge, replacing the current mural that is in poor condition. Cusumano proposes to paint five different panels, 20 feet high by 24 feet long, depicting different historical periods. The panels will include a modem day aerial view with interesting facts about Fort Walton Beach, a viewof Native American life and native wildlife of the time, a 1930' s view of downtown Fort Walton Beach, view ofOkaloosa Island from the drawbridge, and a 1950' s view of downtown. DISCUSSION: Cusumano is volunteering to paint the mural and has asked the City to pressure wash the area to be painted and to buy the paint and disposable brushes needed for the mural. The CRA will pay for the supplies and cleaning of the wall. In addition, the