RESOLUTION 2024-12-447 A RESOLUTION OF THE CITY OF LYNN HAVEN, FLORIDA, APPROVING A SECOND AMENDMENT OF THE CITY'S AGREEMENT WITH VICKIE GAINER AS CITY MANAGER-CLERK. BE IT RESOLVED that the appropriate officers of the City are authorized to accept and deliver on behalf of the City that Second Amendment to the Agrecment between the City and Vickie Gainer, relating to the terms and condition of her employment as City Manager-Clerk; confirming an increase in her monthly car allowance and entitlement to additional compensation like other exempt City employees and specifically on holidays, extending the term of her Agreement to September 30th 2027, all as more particularly described in the body of the Agreement, in substantially the form attached and presented to the City Commission today, with such changes, insertions or omissions as may be approved by the City Manager and Mayor and whose execution shall be conclusive evidence of such approval. THIS RESOLUTION shall be effective immediately upon passage. PASSED, APPROVED AND DULY ADOPTED by the City Commission of the City of Lynn Haven, Florida, meeting in regular session this I day ofFebruary, 2025 CITY OF LYNN HAVEN, FLORIDA - - Jesse Aélson, Mayor ATTEST: Wubu L Vickie Gainer, City Manager-Clerk SECOND AMENDMENT TO CITY OF LYNN HAVEN, FLORIDA CITY MANAGER-CLERK EMPLOYMENT AGREEMENT THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (hereafter "SECOND AMENDMENT"), made and entered into this I day of kebruayy 2025, by and between the City of Lynn Haven, Florida, a municipal corporation, hereinafter geferred to as "CITY", and Vickie Gainer, hereinafter referred to as "EMPLOYEE". WHEREAS, the CITY and EMPLOYEE entered into an Employment Agreement dated January 14, 2020, and since the effective date oft the Employment Agreement the EMPLOYEE has provided essential and exemplary services to the City; WHEREAS, on December 9, 2020, the CITY increased EMPLOYEE's annual salary to $140,000 by motion adopted at a duly called regular Commission meeting; WHEREAS, on September 27, 2022, the CITY amended the Employment Agreement to confirm that salary increase and also to provide its extension for an additional four (4) year term (the First Amendment); WHEREAS, the City now desires to amend Section 8 of the Employment Agreement to reflect an increase oft the car allowance to $750.00 a month as approved by a majority of the City Commission in the 2024 budget season; and WHEREAS, the City desires to amend Section 4 to confirm application of the City's personnel policies to the City Manager, particularly regarding disasters and states of emergency; and WHEREAS, the City desires to amend Section 5 to provide an increase to the City Manager's base salary, and the annual adjustment of salary and benefits as may be desired based on aj performance evaluation; and WHEREAS, the City Manager requests an amendment to Section 2 of the Agreement to provide an 11-month extension ofher contract to December 13, 2027, and an amendment to section 10 ofthe Agreement to provide for the Commission's consideration of an Ordinance adjusting the percentage by which her normal retirement benefit is calculated. NOW THEREFORE, the parties do hereby agree to amend the Employment Agreement, nunc. pro tunc January 1, 2024, as follows: A. Section 2. Term. The term of the Employment Agreement is extended until September 30, 2027. B. Section 4. Personnel Policies. Unless otherwise provided herein, Employee shall be subject to all the then existing personnel policies of the City, including, but not limited to, those dealing with states of emergency, leave accrual. holidays. disability, family medical leave, worker's compensation, discrimination, harassment, drug and alcohol use and testing, and conflicts ofinterest. C. Section 5. Salary. Employer agrees to pay Employee an annual base salary of One Hundred Sixty Six Thousand. Two Hundred Forty Dollars and Eighty Nine Cents ($166.240.89) Forty-Three Thousand Feur Hundred Ninety-Nine- and 20/100 Dollars (S143,499.20), payable in equal installments at the same time as other employees ofthe Employer are paid. Additionally, Employer shall increase Employee's base salary annually predicated upon merit and cost of living adjustments (COLA) at the same time as similar consideration is given other employees generally. Employee shall be entitled to bonuses. holiday. and emergency pay at the same time and manner given to other salaried City employees. Employer may also increase Emplovee's base salary or other benefits. or both. in such amounts and to such an extent as the Commission may determine desirable on the basis of the annual performance evaluation ofthe City Manager. D. Section 7. Hours of Work. It is recognized that Employee, as part of her employment, will be required to devote time to business ofthe Employer outside the expected normal forty (40) hour work week (e.g. Evening Commision meetings and workshops. public forums. special eventsl-mumicipal-haléays-exeepie4, and to that end Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours SO long as such time off does not affect the performance of the Employee in performing her duties. E. Section 8. Automobile and Phone Benefits. Employer shall provide the Employee with a $750.00 $450.00 per month automobile allowance for the use of the Employee's personal vehicle and provide Employee with a Cellular Phone for which City related business should be conducted. Employee shall be responsible for the purchase, operation, maintenance, repair, insurance, replacement costs and all other related expense fort the automobile and-phene. Employee is responsible for and shall maintain access to all public records associated with such equipment. Should the Employee drive outside of Bay County in further of City business, the City will reimburse at the federal rate. F. Section 10. Benefit Plans. Unless otherwise provided herein, Employee shall be entitled to participate in all employee benefit plans and programs (including health insurance and retirement) established by the City for the benefit of all its employees. Employee shall be required to comply with each plan's eligibility and enrollment requirements, including waiting periods, prior to enrollment. Employee's entitlement to benefits (if any) under such program will be strictly in accordance with the terms and conditions of each terms ofeach plan or program, as may be amended from time to time. Nothing in this Agreement shall be construed to require the City to establish or continue any particular benefit plan or program. Notwithstanding the above, Employee may waive her right to participate in the City's health plan in exchange for a stipend in the amount the City would have paid in premiums for Employee under such plan. The City acknowledges that the City Manager has requested that the Pension multiplier for the city manager position within vesting periedfer the General Employees Retirement Fund be increased to recognize the volatility of this msitomaameswalawhereLe efservice.-The City agrees to consider such a proposal by Ordinance in good faith, and if adopted, such amendment to the terms and conditions of the Fund shall be applicable to the City Manager. G. No other provisions of the Employment Agreement are hereby amended except as shown above. IN WITNESS WHEREOF, the City of Lynn Haven, Florida has caused this First Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Manager-Clerk, and the EMPLOYEE has signed and executed this Second Amendment, this 2 day of PEBRAR. 2025. EMPLOYER: EMPLOYEE: CITY OF LYNN HAVEN, FLORIDA - u BY: 042 gm h JESSE NELSON, Mayor VICKIE GAINER Date: la Pdfaoas Date: fib 12,2025 ATTEST: APPROVED AS TO FORM: Tcbi lnes VICKIE GAINER, City Manager-Clerk KEVIN D. OBOS, City Attorney