06-1742 Model Employment Agreement for Department Directors

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(c ) In the event the Employee voluntarily resigns the Director position with the City, then the Employee shall give the City Manager four (4) weeks notice in advance, unless the parties otherwise agree. SECTION 6. GENERAL PROVISIONS. (a) This Agreement shall be a continuing employment contract. (b) If any provision, or any portion thereof contained in this Agreement, is held to be unconstitutional, invalid, or unenforceable, then this entire Agreement shall be null and void. (c ) The City Manager shall fix and establish any such other terms and conditions of employment as he or she may determine from time to time relating to the performance of the Employee providing such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or the laws of the State of Florida. (d) The Employee acknowledges that the decision of the City Manager, relative to whether a termination for cause or termination without cause is justified, is subject to appeal only to the City Manager. Therefore, any appeal of termination shall be exclusively and solely to the City Manager and the City Manager's decision on such an appeal shall be the final administrative action of the City. Employee acknowledges and agrees that Employee is waiving all rights with respect to termination of Employee contained in the City Charter and/or Code. (e) Unless otherwise specifically set forth in this Agreement, all provisions of law, and policies and procedures of the City relating to leaves, retirement, holidays, other fringe benefits, programs and working conditions as they now exist or hereafter may be amended, shall apply to the Employee. SECTION 7. INDEMNIFICATION. The City shall defend, save harmless, and indemnify Employee against any tort, professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties while employed, whether made during the term of employment or afterwards, unless the Employee acted in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety or property. The City shall not be liable in tort for the acts or omissions of the Employee committed while acting outside the course and scope of his employment or agreed duties, or committed in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. The City may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered hereon. 4