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Employment Agreement Chief of Police ‘This agreement is an Employment Agreement (agreement) made and entered into this 1* day of April, 2019 between Miami Shores Village (Village) and Kevin H. Lystad (Employee). The Village agrees to employ the services of the Employee as Chief of Police and the Employee wishes to continue employment as the Chief of Police under the terms and conditions set forth herein. Now, therefore, in consideration of the mutual promises and covenants contained herein, and in recognition of the unique knowledge, skills, and abilities of the Employee from decades of service to the Village, the Village and the Employee agree to the following, Section 1. Duties and Hours of Work 1.1 The Village agrees to employ the Employee as Chief of Police to perform the duties and exercise the powers as prescribed by State Law, the Village Charter and the Village Code, and from time to time perform other legally permissible tasks and functions as assigned by the Village Manager. 1.2. The Employee is a salaried full-time employee. As a Department Head, from time to time the Employee is also expected to work in excess of 40 hours per week to ensure the proper oversight of the department. This includes, but is not limited to attending Council meetings, participating in events, and various other functions and activities. 1.3 The Village recognizes the changing work requirements and job demands of the Employee; this includes current duties and responsibilities serving as an appointee of the Governor and other commitments to State and Local associations. As such, The Village recognizes the Employee will have varied hours and work locations which will include days in which the Employee will work on the weekends and/or work from remote locations. Section 2. Commencement Date 24 This agreement shall commence on April 1%, 2019 and continue for a period of two (2} years ending on March 31%, 2021 unless extended pursuant to Section 2.2 2.2 This agreement may be extended upon mutual agreement for a period of up to two (2) years. Section 3. Termination by the Village and Severance Pay 3.1 Ifthe Employee is terminated by the Village without cause during such time as the Employee is willing and able to perform his duties under this Agreement, the Village agrees to pay the Employee a lump sum cash payment equal to four (4) weeks of the Employee's salary. In accordance with Section 215.425, Florida Statutes, under no circumstances will the Severance Pay provided to the Employee exceed an amount greater than four (4) weeks of his salary. Severance Pay shall be paid within fifteen (15) days of termination. 3.2 Inthe event that the Employee is terminated with cause, the Village shall have no obligation to pay Severance Pay designated in Section 3.1 above. If the Employee's employment is terminated pursuant to this subsection, then the Village is only required to pay the Employee accrued vacation time due to the Employee at date of termination. After the payment described in the immediate preceding sentence, the Village shall have no further obligation to the Employee pursuant to this agreement. Section 4. Resignation by Employee 4,1. Inthe event that the Employee voluntarily resigns his position, the Employee shall give the Village at least thirty (30) days written notice prior to the effective date of such resignation. If ‘the Employee voluntarily resigns, the Employee shall not be entitled to receive Severance Pay; however, the employee shall be entitled to accrued vacation leave, as of the date of resignation. Section 5. Compensation 5.1 The Employee's salary shall be $156,250, which shall be payable in regular installments at the same time as other Village employees are paid. In addition to the Employee's salary, the Employee will continue to receive the Executive Benefit and State Supplement. 5.2 With the approval of the Village Manager, the employee shall be entitled to receive the same cost of living increases as are granted to other non-bargaining unit employees. 5.3 The Village Manager shall have the ability to adjust the Employee's salary for the position as deemed appropriate. Section 6. Health/Retirement/Deferred Compensation/Benefits 6.1 The Employee will be entitled to all other benefits as specified in the current Miami Shores Village and Police Officer Collective Bargaining Agreement (i.e. health insurance). 6.2 The Village will contribute 100% of the maximum allowed contribution limit into the ICMA 457, Roth Deferred Compensation Plan on the Employee's behalf, in equal proportionate amounts each pay period. 6.3 The Employee is currently receiving a pension annuity from Miami Shores Village. There will be no pension deduction from the Employee's salary and no contribution will be made by the Village on the Employee's behalf. The Employee will not receive any increase in pension consideration based on this post retirement employment, notwithstanding annual cost of living Section 7. Vacation/Sick Leave and Holidays 7. The Employee will receive the following time accruals: a. The Employee will be credited with twelve (12) days of paid sick leave on the first day of this agreement and will accrue one (1) day of paid sick leave per month thereafter. It is agreed that there will not be a payout of sick leave upon separation for any reason. b. The Employee will be credited with two hundred (200) hours of pald vacation on the first day of this agreement and at annual intervals thereafter. The Employee will be entitled to accrue and carry on the books up to 400 hours of vacation time at any given time with the approval of the Village Manager. ._ Inaddition, the Village agrees to allow the Employee to take unpaid leave, with the approval of the Village Manager. Section 8. Other Benefits 8.1 Upon separation for any reason, the Employee will retain all personally assigned equipment, Including but not limited to uniform gear, cell phone, and laptop. This will not include department radio, rifle and vehicle. 8.2 Upon separation for any reason, the Village agrees to continuously maintain the Employee's Law Enforcement certification, as long as the Employee meets the current statutory requirements for training hours and firearms proficiency. No other conditions will be required Section 9. Professional Development/Educational Assistance 9.1 The Village will agree to pay reasonable professional dues for the Florida Police Chiefs Association, Miami-Dade County Association of Chiefs of Police, FBI National Academy, ASIS, and International Association of Chiefs of Police, as well as any mutually agreed upon travel costs to censure that the Village remains in compliance with industry standards and best practices on the local, state and national level. Section 10. Allowances 10.1 The Village agrees to provide the Employee with Educational Incentive Pay consistent with the General Employee's Education Program. Section 11. Notices 11.1 Notices pursuant to this Agreement shall be in writing and delivered to the addresses as follows: Village: Thomas J. Benton 10050 NE 2” Avenue, Miami Shores, FL 33138 Employee: Kevin H. Lystad 9990 NE 2” Avenue, Miami Shores, FL 33138 Section 12. Other Terms and Conditions 12.1 This Agreement supersedes any oral representation and/or other prior written agreements, 122 _ If any provisions, or any portion thereof, contained in this Agreement is held up to be unconstitutional, illegal, or invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. 12.3 The waiver by either party of a breach of any provision of this Agreement by the other shall not ‘operate or be construed as a waiver of any subsequent breach by the party. Ra 125 26 12.7 12.8 The rights and obligations herein granted are personal in nature and cannot be transferred by the Employee This Agreement contains the entire agreement of the parties. It may not be changed orally, but only by an amendment in writing signed by the parties herein. This agreement shall be governed by Florida law. The parties agree that any litigation involving this Agreement shall take place either in the Circult Court for the 11” Judicial Circuit of Florida or in the U.S. District Cour, for the Southern District of Florida. In the event any provision of this Agreement should be found invalid, unlawful, or unenforceable by reason of any existing or subsequently enacted legislation or judicial decision, all other provisions of this Agreement shall remain in full force and effect for the duration of the ‘Agreement. The provision found invalid, unlawful, or unenforceable shall be subject to renegotiation at the request of either partly to this Agreement. Taw ben Gl? Date: Thomas 1. Benton Kevin H.Lystad Village Manager Chief of Police Tag Date:___3/25/2019.