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1K views6 pagesCity Manager Charles Chapman Employment Agreement With City of Naples
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0% found this document useful (0 votes)
1K views6 pagesCity Manager Charles Chapman Employment Agreement With City of Naples
marconews.com
Uploaded by
Omar Rodriguez OrtizCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into on October 3, 2018 by and between the City of
Naples, Florida, a municipal corporation, hereinafter called "Employer" or "City Council” as
party of the first part, and Charles Tyler Chapman IV, hereinafter called "Employee" or
“City Manager’, as party of the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of Charles Tyler Chapman IV as City
Manager of the City of Naples, Florida as provided for in the Charter of the City of Naples;
and
WHEREAS, it is the desire of the Naples City Council to provide certain benefits, to
establish certain conditions of employment, and to set working conditions of said
Employee; and
WHEREAS, it is the desire of the City Council to: (1) secure and retain the services of
Employee, and to provide inducement for him to remain in such employment; (2) to make
Possible full work productivity and independence by assuring Employee's morale and
Peace of mind with respect to future security; and (3) to provide a just means for
terminating Employee's services at such time as Employer or Employee may desire to
terminate his employment; and
WHEREAS, Charles Tyler Chapman IV desires to accept employment as City Manager;
NOW, THEREFORE, in consideration of the mutual covenants herein: contained, the
parties agree as follows:
Section 1. Powers and Duties of the City Manager
The City Council hereby agrees to employ Charles Tyler Chapman IV as City Manager to
Perform the functions and duties as provided by State law and City Charter, and to perform
other legally permissible and proper duties and functions as City Council shall from time to
time assign, subject to this Agreement.
Section 2, Commencement of Employment.
Employment under the terms of this Agreement shall commence and Employee shall be
Present and available to perform the duties and functions of City Manager on a full-time.
basis no later than December 3, 2018,
Section 3. Term.
A. The City Manager serves at the pleasure of the City Council and nothing herein shail be
taken to imply or suggest a guaranteed tenure.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the
City Manager to resign at any time from his position with Employer, provided however,
Employee shall provide the City Council with at least forty-five (45) calendar days prior
written notice of resignation, unless waived by the City Council. ©. The City Manager agrees to remain in the exclusive employ of the City, while employed
by the City Council. The term "employed," however, shall not be construed to include
‘occasional teaching, writing, speaking, or consulting performed on his time off, even if
outside compensation is provided for such services. Said activities are expressly
allowed, provided that in no case is any activity allowed which would present a conflict
of interest with the City Manager's employment by the City Council, If Employee is
travelling outside of Collier, Lee, or Hendry Counties, the City Council shall be notified
in advance.
Section 4. Termination and Severance Pay.
‘A. If the employment of the City Manager is terminated by the City Council, then in that
event the City Council agrees to pay Employee a lump sum cash payment equal to twenty
(20) weeks total compensation, less federal and state withholding. Employee shall also be
compensated for all eamed personal leave calculated at the rate of pay in effect upon
termination.
B. If City Council at any time reduces the salary, compensation or other benefits of the City
Manager in a greater amount than an applicable across-the-board reduction for all
‘employees of the City, or if the City Council refuses to comply with any other provision
benefiting the City Manager, or the City Manager resigns following a suggestion either
formal or informal by the City Council that he resign; then in that event Employee may, at
his option, be deemed to be terminated, as provided In Paragraph A., above.
C. If the City Manager is terminated because of his conviction of either a felony, or
conviction of a misdemeanor involving personal gain or moral turpitude; then in that event,
Employer shall have no obligation to pay the aggregate severance sum designated in
Paragraph A., above.
D. If the City Manager should be permanently disabled or otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity, or health for a period of
twelve (12) weeks during a twelve (12) month period, the City Council shall have the right
to terminate this Agreement subject to the severance provisions set out in Paragraph A.,
above.
Section 5. Salary.
Employer agrees to pay Employee for his services rendered pursuant hereto as City
Manager an annual base salary of $200,000 payable in installments at the same time as
other employees of the City are paid.
Section 6. Retirement/Deferred Compensation.
. Employer agrees to pay Employee an additional seventeen percent (17%) of the
annual base salary set forth above and may be used by the Employee for
contributions to a Money Purchase Deferred Compensation Plan. Said payment
shall be in installments at the same time as payments of the annual base salary. B, Employer agrees to establish a 401(a) Retirement Plan for use by the Employee.
C. Employee shall be eligible to participate in the City’s 457 Deferred Compensation Pian
under the same conditions as those available to other City employees.
Section 7. Residency; Housing.
The Employee must become a legal resident of the City and maintain legal residency
during the term of this Agreement. The City agrees to pay the Employee a residency
housing allowance of $1,000 per month, payable in equal portions in the Employee's bi-
‘weekly pay and beginning upon commencement of employment.
Section 8. Vehicle and Cellular Phone.
A. Vehicle-Employer shall make available a city-owned vehicle dedicated for use by
the Employee for business purposes at no expense to the employee. The vehicle is
restricted to the conduct of duties and functions of City Manager and may be driven
to and from home.
B. Cell Phone~Employer shall also provide a cellular telephone allowance in the
amount of $100 per month. Employer agrees to reimburse Employee for costs
associated with excessive phone usage that may result during periods of public
emergencies, such as hurricane preparedness and response.
Section 9. Personal Leave.
Employee shall be credited thirty (30) personal leave days (240 hours) effective upon
the commencement of employment. Upon commencement of employment Employee
shall begin to accrue twenty-five (25) personal leave days (defined as eight-hour days)
per year in the same manner as accrual for other employees. Such accrual will increase
by one additional day each succeeding year on the Employee's annual anniversary
date. Annual accrual shall not in any case exceed thirty-four (34) personal leave days.
‘The Employee shall be allowed to accumulate up to a maximum of 520 hours. For
Personal leave hours accumulated Employee may, at any time, elect to be paid the cash
value of such personal leave days (less applicable withholdings) based upon
Employee's salary when such payment is made. Personal leave days may be utilized by
Employee for any purpose, including vacation and sick leave. Employee shall not use
more than two consecutive weeks of such personal leave without prior approval of the
City Council. Upon termination of employment, Employer shall pay Employee for any
unused hours up to the maximum of 520 hours based upon Employee's salary as of the
date of employment termination,
Section 10. Insurance and Other Benefits.
A. Employer agrees to provide and pay Employee health, dental, and vision insurance
in the same manner and under the same conditions as to other City management
employees.
B. Employer agrees to provide and pay Employee life and disability insurance in the
same manner and under the same conditions as to other City management employees. C. Except as specifically provided herein, Employer agrees to provide Employee at
least the benefits provided to other City management employees.
Section 11. Moving Expenses.
The Employer agrees to pay directly, or reimburse Employee, for the actual and
reasonable expense of moving into the City, up to a maximum of $10.000.00.
Section 12. Hours of Work.
It is recognized that the City Manager must devote a great deal of time outside normal
office hours to the business of Employer and, in recognition of that fact, the City
Manager's hours of work will be flexible within reasonable bounds.
Section 13. Professional Development.
Employer agrees, subject to the annual budget approved by the City Council, to pay the
professional dues, subscriptions, travel and subsistence expenses of the City Manager
for professional participation and travel, meetings and occasions adequate to continue
his professional development. Said participation on City time to include, but not be
limited to the Intemational City/County Management Association, and such other
national, regional, state and local govermmental groups and committees thereof which
Employee serves as a member, or which said participation is beneficial to Employer, as
well as associated short courses, institutes, and seminars.
Section 14. General Expenses.
Employer recognizes that certain expenses of a non-personal and generally job-
affliated nature are incurred by the City Manager, including participation in civic and
other local organizations, and hereby agrees to reimburse or pay said general
expenses,
Employer shall bear the full cost of any fidelity or other bonds required of the City
Manager under any law or ordinance,
Section 15. Performance Evaluation.
The City Council shall review and evaluate the performance of the City Manager in
September of each year. Employer agrees to consider increasing the base salary and
other benefits of the City Manager, at the time of the review, in such amounts and to
such extent as the City Council may determine appropriate, considering performance by
the Employee and the financial condition of the City,
Section 16. Indemnification.
Employer shall defend, save harmless, and indemnify Employee against any tort,
professional liability claim, or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring within the scope and
performance of duties as City Manager. Said indemnification shall extend beyond
termination of employment, and the otherwise expiration of this Agreement, to provide
full and complete protection to Charles Tyler Chapman IV, by the City of Naples, as
described herein, for any acts undertaken or committed in his capacity as City Manager, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or
other legal action occurs during or following employment with Employer.
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law
and executors of the Employee.
C. This Agreement shall become effective as of the date first written above,
contingent upon adoption and approval by the Naples City Council and execution
by Employee. It may be executed in counterparts,
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 not be affected and shall remain in full force and effect.
E. The terms of this Agreement shall remain in full force and effect and hold over
until employment is terminated under the terms herein, resignation by Employee,
or a new Agreement or Amendment to this Agreement has been negotiated and
entered into by the City Council and the City Manager.
End of Page IN WITNESS WHEREOF, the City of Naples has caused this Agreement to be
signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and
Employee has signed and executed this agreement, both in duplicate, the day and year
first written above.
Bill Bamett, Mayor
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