AGREEMENT FOR TOWN MANAGER SERVICES BETWEEN THE TOWN OF WHITE SPRINGS AND COUNTYLINE DESIGN BUSINESS SERVICES, INC.
THIS AGREEMENT for Town Manager Services is entered into this ____ day of July, 2020 (“the Effective Date”), between the Town of White Springs, Florida (hereinafter “the Town”), a municipal corporation and Countyline Design Business Services, Inc. (hereinafter “the Company”).
WHEREAS, the Town desires to retain the Company to provide Town Manager Services pursuant to the terms, conditions and provisions of this Agreement; and
WHEREAS, the Charter requires that the Town Council enter into a mutually acceptable written agreement for the services of the Town Manager.
NOW THEREFORE, the Town and the Company, for and in consideration of the terms, conditions and provisions hereinafter established, do hereby agree as follows:
- PERSONNEL. Although the Town is contracting with the Company, the Company agrees to provide Town Manager Services exclusively by and through its employee, Tommie Jones. The Company agrees that it will not provide these services through anyone other than Mr. Jones or allow anyone else to serve in the role of Town Manager, unless it receives express written permission from the Town Council.
- TERM. Beginning on the Effective Date, the Company, by and through Mr. Jones, as set forth in Paragraph 1., shall provide Town Manager Services to the Town for a period of two years. Countyline and its employees, including Mr. Jones are retained by the Town as independent contractors to provide Town Manager services.
- FEES. In exchange for Town Manager Services, the Town agrees to pay the Company the sum of $55,000 per year, payable in bi-monthly installments. In the event this contract is terminated in accordance with Paragraph 9 of this Agreement, payment shall cease at the conclusion of the 90 day period provided herein. The Company and its employees shall not receive any fringe benefits, including but not limited to health insurance, dental insurance, paid time off, retirement, etc.
- DUTIES AND RESPONSIBILITIES. The Company, acting by and through Mr. Jones, agrees to perform the following duties and responsibilities:
- Appoint and, when he deems it necessary for the good of the Town, suspend or remove the Town employees and appointed administrative officers provided for by or under the Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. He may authorize any administrative officer who are subject to his direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency.
- Direct and supervise the administration of all departments, offices and agencies of the Town, except otherwise provided by the Charter or by law.
- Attend all Town Council meetings.
- See that all the laws, provisions of the Charter and acts of the Town Council, subject to enforcement by the Town Manager or by officers subject to the Manager’s direction and supervision, are faithfully executed.
- Prepare and submit the annual budget and capital program to the Town Council.
- Submit to the Town Council and make available to the public a complete report on the finances and administrative activities of the Town as of the end of each fiscal year.
- Make such other reports as the Town Council may require concerning the operation of Town departments, offices and agencies subject to the Town Manager’s direction and supervision.
- Keep the Town Council fully advised as to the financial condition and future needs of the Town by providing a financial and budget progress report at each regular Council Meeting.
- Make recommendations to the Town Council concerning the affairs of the Town and all agenda items.
- Provide staff support services for the Mayor and Council members.
- Be the purchasing agent of the Town, for the purchase of all supplies and equipment in accordance with the approved Town Budget, and shall also conduct all sales of surplus Town owned, seized or forfeited personal property which the Town Council may authorize to be sold as having become unnecessary or unfit to the Town’s use. All purchases and sales shall conform to such regulations as the Town Council may from time to time prescribe and shall allow for competition. These restrictions, limitations or criteria on this authority shall be established by ordinance, including but not limited to bidding requirements.
- Make such recommendations to the Council as the Manager deems necessary or expedient in the interest of the Town relating to the adoption of ordinances and resolutions. Provided, that nothing herein contained shall prevent the Town Council in the exercise of its legislative functions and powers from calling into consultation the boards or departments and other officers and employees of the Town wherever, in the judgment of the Council, it may be necessary. Neither the Council nor any Council Member shall interfere with the conduct of any department head, officers or an employee in the discharge of his or her duties.
- Perform such other duties as are specified in this Charter or may be required by the Town Council.
- Ensure the preparation of agendas and supporting materials for all meetings, including regular, special and emergency meetings.
- Attend all Town events, including but not limited to all meetings, and special events.
- Accept and address citizen and employee complaints.
- HOURS OF WORK. Mr. Jones shall be present at Town Hall, Monday through Friday from 8:00 a.m. to 5:00 p.m. with the exception of a one-hour lunch break each day (“regular working hours”). In addition to regular working hours, the Company acknowledges that performance of all duties and responsibilities as set forth in Paragraph 4, often requires work and attendance outside of regular working hours. The Company, acting through Mr. Jones, agrees to devote additional time as is necessary for the full and proper performance of the duties and responsibilities set forth above, including attending all Town events, regardless of when such events are held, including but not limited to council and necessary committee meetings, special events and emergency response(s).
- TRAINING. The Town agrees to provide access to and pay for training in the following areas:
- Parliamentary Procedure, i.e. Robert’s Rules of Order
- Available sources of state funding
- Public Records/Opening Meetings
- INFORMATION TECHNOLOGY. During the course of this Agreement, it is expected that the Company will develop various Information Technology (“I.T.”) for the Town, including but not limited to networking, software or other applications. Because this IT is being developed for the use of the Town and is being financed by the Town, it is agreed by the Town and the Company that all IT created by the Company for the Town during the course of this agreement is the sole property of the Town. During the course of this Agreement and upon the natural expiration or termination of this Agreement, all IT prepared by the Company shall remain in the physical possession of the Town and shall not be shared, used, retained by the Company
- INSURANCE. The Company shall maintain the following insurance coverage during the course of this agreement at its sole expense:
- Commercial General Liability Insurance with minimum limits of $500,000
- Workers’ Compensation
- Professional Liability Insurance with minimum limits of $500,000
- TERMINATION. Either party may terminate this agreement upon 90 days written notice to the other party.
- PUBLIC RECORDS. The Town is a public agency subject to Chapter 119, Florida Statutes. The Company shall comply with Florida’s public records law. Specifically, the Company shall:
- Keep and maintain public records required by the public agency to perform the service.
- Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
- Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.
- Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
- Redacted Copies of Confidential Information – If the contractor considers any portion of any documents, data, or records submitted to the city to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, the contractor must simultaneously provide the city with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Agreement name and number and shall be clearly titled “Confidential.” The redacted copy should only redact those portions of material that the contractor claims is confidential, proprietary, trade secret or otherwise not subject to disclosure.
- Request for Redacted Information – In the event of a public records or other disclosure request pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, to which documents that are marked as “Confidential” are responsive, the Town will provide contractor-redacted copies to the requestor. If a requestor asserts a right to the Confidential Information, the Town will notify the contactor such an assertion has been made. It is contractor’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119 or other applicable law. If the Town becomes subject to a demand for discovery or disclosure of the Confidential Information of contractor under legal process, the Client shall give the contractor prompt notice of the demand prior to releasing the information labeled “Confidential” (unless otherwise prohibited by applicable law). The contractor shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure.
- Indemnification – The Contractor shall protect, defend, and indemnify the Town for any and all claims arising from or relating to contractors’ determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Contractor fails to submit a redacted copy of information it claims is Confidential, the Town is authorized to produce the entire documents, data, or records submitted to the Town in answer to a public records request or other lawful request for these records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (386) 397.2310, email@example.com, Town Hall, 10363 Bridge Street, White Springs, FL 32096.
Tommie Jones , President Helen B. Miller
Countyline Design Business Mayor of White Springs