Book 130 • Page

Agenda Item 10
Meeting of 11/7/07
RESOLUTION 07-11838
A RESOLUTION APPOINTING A. WILLIAM MOSS AS NAPLES CITY MANAGER; APPROVING AN
EMPLOYMENT AGREEMENT WITH A. WILLIAM MOSS; AUTHORIZING THE MAYOR TO EXECUTE THE
EMPLOYMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1. 

That A. William Moss is hereby appointed as City Manager of the City
of Naples, effective the 2nd day of January, 2008.

Section 2. That an Employment Agreement between the City of Naples and A.
William Moss, as City Manager, a copy of which is attached hereto
and incorporated by this reference, is hereby approved; and the
Mayor is hereby authorized to execute the Employment Agreement on
behalf of the City.
Section 3.

This resolution shall take effect
-----

1111- diately

PASSED IN OPEN AND REGULAR SESSION OF/THE CITY
FLORIDA, THIS 7TH DAY OF NOVEMBER,Ab0/:.

CIL OF 

arne 
Attest:
A. Norma 7', City Clerk
M:\REF\COUNCIL\RES\2007\07-11838

Date filed with City Clerk:

••••••n ••••••

upon adoption.

E CITY OF NAPLES,

ayor

Approved as to form and legality:

icfrD :Robert D. Pritt, City Attorney

  
Book 130 • Page

Y-37

Resolution 07-11838

 

Page 2

EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into on November 12, 2007 by and
between the City of Naples, Florida, a municipal corporation, hereinafter called
"Employer" or "City Council" as party of the first part, and A. William Moss,
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 said A. William Moss
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 may desire to terminate his employ; and
WHEREAS, A. William Moss 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 said A. William Moss 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 on December 1,
2007. Employee shall be present and available to perform the duties and functions
of City Manager on a full time basis no later than January 2, 2008.

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Resolution 07-11838 

Page 3

Section 3. Term.
A.

The City Manager serves at the pleasure of the City Council and nothing
herein shall 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.

C.

The City Manager agrees to remain in the exclusive employ of the City
Council, 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. In the event overnight travel is required for such nonEmployer related business, the City Council shall be notified in advance.

Section 4. Termination and Severance Pay.
In the event that 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 six (6) months aggregate compensation, less federal and state
withholding. Employee shall also be compensated for all earned personal leave
calculated at the rate of pay in effect upon termination.
In the event the City Council at any time reduces the salary, compensation or
other benefits of the City Manager in a greater amount than an applicable across-theboard reduction for all employees of the City, or in the event the City Council refuses to
comply with any other provision benefiting the City Manager herein, 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 herein.
In the event 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 herein.
Should the City Manager be permanently disabled or otherwise unable to
perform his duties because of sickness, accident, injury, mental incapacity or health for
a period of twelve successive weeks beyond any accrued leave, the City Council shall
have the right to terminate this Agreement subject to the severance provisions of this
Section.

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Resolution 07-11838

 

Page 4

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 has been negotiated and entered into by the City Council and the City
Manager.
Section 5. Salary and Benefits Allowance.

Employer agrees to pay Employee for his services rendered pursuant hereto as
City Manager an annual base salary of $177,000 payable in installments at the same
time as other employees of the City are paid.
Employer agrees to pay Employee an additional thirty-three percent (33%) of the
annual base salary set forth above as a benefit allowance in lieu of, and as an
alternative to, any and all benefits relating to deferred compensation, health and dental
insurance, life insurance, disability insurance, and retirement contributions. Said
payment shall also be in installments at the same time as payments of the annual base
salary and may be used by Employee to purchase benefits available to city department
directors at a cost equal to the cost paid by city department directors. Such additional
payment is not intended to be in lieu of workers compensation, social security, or
unemployment compensation requirements of the City. Employer agrees to establish
an additional 401(a) Retirement Plan sponsored by the ICMA-RC for use by the
Employee in addition to other deferred compensation and retirement plans of the
Employer. Employer agrees to make available to Employee other benefits as provided
to department directors such as paid holidays, bereavement leave, etc.
Section 6. Automobile and Cellular Phone.

Employer shall provide a car allowance of $500 per month to the City
Manager, payable on or about the first day of each month. Said car allowance shall
be intended to reimburse him for local travel only, defined as travel within Collier
County. All travel outside of Collier County shall be reimbursed at a cents-per-mile
rate equal to the IRS allowable rate then in effect. The 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 7. Personal Leave.

Employee will be entitled to thirty-four (34) personal leave days (defined as eight
hour days) per year. 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 and benefit allowance
when such payment is made. Said 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
3

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Book 130 • Page 5/71O

Page 5

Resolution 07-11838

any unused hours up to the maximum of 520 hours and payment for personal leave
hours shall be based upon Employee's salary and benefit allowance as of the date of
employment termination. Employee shall receive thirty (30) personal leave days
effective upon the date of employment.
Section 8. 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 will be flexible within reasonable bounds.
Section 9. 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 International City/County Management Association,
and such other national, regional, state and local governmental 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 10. General Expenses.

Employer recognizes that certain expenses of a non-personal and generally
job-affiliated 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 11. Performance Evaluation.

The City Council shall review and evaluate the performance of the City
Manager no later than January 2" of each year. Employer agrees to consider
increasing the base salary and/or other benefits of the City Manager at the time of
his review, in such amounts and to such extent as the City Council may determine
that it is desirable to do so, in light of performance by the Employee and the
financial condition of the City.
Section 12. 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
/1••n•n

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 I

Resolution 07-11838

 

Page 6

provide full and complete protection to A. William Moss, 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.

Section 13. General Provisions.
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 upon adoption and
approval by the Naples City Council and execution by Employee.

D.

If any provisions, 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.

IN WITNESS THEREOF, 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.
CITY OF APLES

Bi I Barnett, Mayor
ATTEST: 

Approved as to form and legality:
k/

/441/

Tara A. Norman City Clerk

6
Robert D. Putt, City Attorney

WITNESSES:

EMPLOYEE:

d_Z/ku;Lf
6-(,)/--7/‘ce, 

Print Name:  

Print Name.

/;/,i/A/ 

A. William Moss

ex/

5