CITY ATTORNEY EMPLOYMENT AGREEMENT effective the day of 2014 by and between the CITY OF PORT ST. LUCIE, hereinafter referred to as CITY, acting through the CITY COUNCIL, hereinafter referred to as COUNCIL, and "Pam. E. Booker, Esquire, hereinafter referred.1?) as EMPLOYEE, governs the terms and. conditions of employment as City Attorney. WHEREAS, CITY desires to retain the services of and WHEREAS, CITY agrees to appoint EMPLOYEE and EMPLOYEE agrees to accept appointment with CITY in the position of City Attorney; and I is the desire of the CITY COUNCIL to establish terms and conditions. of employment, and to codify working conditions of and NOW THEREFORE, in consideration of the Inutual covenants herein contained, CITY and EMPLOYEE agree to the following: I. DURATION OF AGREEMENT. A. EMPLOYEE shall. serve at the pleasure of CITY and shall be an at?will employee of CITY, and waives any rights ?Da a pre or post disciplinary hearing j11 the event of discipline, including termination, except as provided by Charter and herein. Page 1 of 8? B. Nothing le this Agreement shall. prevent, limit, or lotherwise 'interfere with the right of CITY COUNCIL to terminate the employment of EMPLOYEE as the City Attorney at any time, subject only to the provisions set forth in Section and the Charter. C, Nothing ill this Agreement shall jprevent, limit, or otherwise interfere with the right of CITY COUNCIL to cancel this .Agreement, subject only to the provisions set forth in Section II (B), (C) and the Charter. D. Nothing ?ll this .Agreement shall prevent, ,limit, or otherwise interfere with the right of EMPLOYEE to resign at any time, subject only to the provisions set forth in Section II (A). II. CANCELLATION OF AGREEMENT. The parties agree that this Agreement may be canceled in one of the following ways: EMPLOYEE may cancel this Agreement knr?prOViding at least 60?days written notice to CITY COUNCIL (Hf voluntary resignation, unless the parties agree cmberwise, A timely notice constitutes a ?good 'standing? separation. EMPLOYEE acknowledges and understands that, in the event of voluntary resignation, EMPLOYEE may not be entitled 'to any severance pay . B. CITY COUNCIL may cancel this .Agreement in the? Page.2 of,8 event EMPLOYEE abandons the position as that term is defined in the City?s Personnel Rules and Regulations. EMPLOYEE is not entitled to severance in the event of cancellation due to Iabandonment.i C. If EMPLOYEE is convicted of 'a misdemeanor I involving Inoral 'turpitude :or 51 felony 'violatior1 of Florida or federal criminal law, such charges. arising from events and prosecution roccurring? during? the 'term (If this Agreement, CITY COUNCIL shall have the? option of canceling this Agreement without being obligated to pay any severance pay. TERMINATION OF EMPLOYMENT. CITY COUNCIL may, with or without cause, terminate the employment of the EMPLOYEE as City Attorney at any-time. In the event EMPLOYEE is terminated from the position of City Attorney,? she shall be entitled to severance pay as set forth in Section X. EMPLOYEE shall also be compensated for all eligible accrued benefits to date. IV. PERFORMANCE CRITERIA AND EVALUATIONS. A. At least' annually, mays meet with EMPLOYEE to establish performance standards, goals and criteria for a performance evaluation- Shortly before each annual anniversary date of this Agreement, CITY COUNCIL may, in accordance with criteria previously Iestablished, review and evaluate the performance of EMPLOYEE. B. CITY COUNCIL may provide EMPLOYEE with 51 written Page 3 of 8 performance evaluation and provide an opportunity for EMPLOYEE to discuss the contents thereof with CITY COUNCIL for the purpose ch advancing the overall effectiveness of EWWLOYEE in her position. V- EMPLOYMENT BENEFITS. A. Except as otherwise provided herein, CITY agrees to provide the EMPLOYEE with the same employment benefits as are provided to other. managerial employees. Such employment benefits rshall include, but shall not be limited to health insurance, disability,2 life I insurance, retirement,' sick, compensatory and the like, all as provided in the ?City's Personnel Rules and Regulations. VI. ANNUAL LEAVE. EMPLOYEE shall be granted five (5.) weeks (200 hours) lof. annual' leave on the effective date of this Agreement?s approval by City Council and, thereafter, each annum upon. the anniversary her' date (If appointment. annual leave bank shall, at no time, exceed a maximum of four? hundred (400) Iregular hours. If EMPLOYEE leaves CITY employment, she shall receive payment for any banked annual leave as _?of the date of separation as is consistent with all managerial employees. VII. SECONDARY EMPLOYMENT. EMPLOYEE agrees Iu?: to accept any _other full-time employment. However, CITY COUNCIL agrees that EMPLOYEE shall be allowed to accept part?time employment such as the position of adjunct professor, and to accept normal Page 4 of 8 compensation for such endeavors, provided such part?time employment shall be scheduled so as to not interfere with the normal operations of the CITY and shall require the prior approval of CITY COUNCIL. - DEFERRED COMPENSATION. In addition to any other. . pension or retirement benefits provided by' the CITY to managerial. employees, during time period (If employment as City Attorney, the CITY agrees to contribute an amount equal to ten and one?half percent of baSe pay into an ICMA Retirement Corporation Account. Said contributions shall coincide with bi?weekly salary payments. (1 IX. LEAVE. A. Starting salary as' City Attorney shall be payable in bi~weetly installments. EMPLOYEE shaIl receive additional compensation in the amount of $5,000.00 per month during the period Of service as Interim City Attorney, from April 18, 2014, until the effective date of this Agreement. EMPLOYEE shall be eligible for annual lsalary adjustments provided'tx) all. other managerial. employees, as ?well as inerit based-compensation adjustments, as determined by CITY COUNCIL. B. EMPLOYEE acknowledges that, pursuant to the Fair .Labor Standards Act (FLSA), EMPLOYEE qualifies for the' employee exemption.? As an exempt employee, EMPLOYEE is paid a weekly salary, not subject to minimum wage or overtime provisions of the FLSA. Page 5 of.8 C. COMMUNICATION EXPENSES. CITY hereby agrees to provide EMPLOYEE a cellular telephone or similar device for use in the normal conduct of business, in accordance with CITY policy CITY hereby agrees to provide EMPLOYEE Eighty?Five ($85.00) dollars per month, subject to ?all applicable payroll taxes, for the reintenance of a cellular telephone Or similar device for use in the normal conduct of business, in accordance with City policy. SEVERANCE PAY. CITY COUNCIL shall grant EMPLOYEE twenty (20) weeks? severance? pay upon' termination, with or without? cause, pursuant to Section and Florida Statutes ?215.425(a) I XI. GENERAL EXPENSES. CITY recognizes that certain expenses of a non?personal and job?affiliated nature may be incurred by EMPLOYEE, and hereby agrees to reimburse or to pay said general expenses, subject to prior approval of the CITY COUNCIL and in accordance with CITY policy, and the Finance DireCtor is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. XII. CIVIC CLUB IHEMBERSHIPS. Council recognizes. the desirability of Irepresentation in and. before local civic and other organizations. EMPLOYEE shall present to CITY COUNCIL for its .review and approval_za listing' of civic :organizations for? which, ,if approved, rthe CITY shall pay all expenses on Page 6 of 8 behalf. DUES AND SUBSCRIPTIONS. The CITY agrees to budget and pay the professional dues and subscriptions of. EMPLOYEE necessary for her continuation; and full participation in national,' regional, state and local associations and organizations necessary and desirable for her continue participations, growth and advancement for the good of the CITY. XIV. EMPLOYEE HANDBOOK. Terms and conditions of employment not Specifically set forth in this Agreement shall be governed by the City?s Personnel Rules and Regulations for non? lbargaining unit employees, provided said provisions are not inconsistent with or ill conflict with the ?provisions of this Agreement, City Code of Ordinances and/or any law. XVK EMPLOYMENT RESTRICTION. EMPLOYEE shall not personally represent another person (Mr entity' for compensation before the CITY or any CITY Board, or commission for a period of two (2) years following vacation of office or termination employment. This post employment restriction shall not apply to representation of any not?for? profit entity servicing the needs ofthe community as may be determined by the CITY COUNCILV This section shall survive the termination of EMPLOYEE or cancellation of this Agreement. XVI. MODIFICATIONS. No change .or modification of this Agreement shall. be valid unless ii: is reduced 11) writing and Page 7 of 8 signed by both parties. XVII. GOVERNING LAW. This Agreement shall be construed and governed by the laws of the State of Florida, and venue for any proceedings brought hereon shall be in St. Lucie County, Florida. SEVERABILITY OF PROVISIONS. If _any clause or provision of this Agreement shall be determined to be illegal or to be 'void. as against public policy, the ranainder of this Agreement shall not be affected thereby, IN WITNESS the parties hereunto have set their cker, EMPLOYEE Page 8 of 8