Fillable Printable Sample Manager Employment Contract

Sample Manager Employment Contract

This employment contract made and entered into this _________ day of _________, 20____, by and

between, _____________________________________________________________ hereinafter referred

to as the Association, and _____________________________________ hereinafter referred to as

Manager. The Association is represented by the Board of Directors of the Association hereinafter

referred to as the Board.

Whereas Association desires to provide Manager with a written employment contract to enhance

administrative stability and continuity within the Association and whereas Association and Manager

believe that a written employment contract is necessary to describe specifically their relationship and to

serve as the basis of effective communication between them as they fulfill their governance and

administrative functions in the operation of the association.

Now, therefore, Association and Manager, for the consideration herein specified, agree as follows.

1. Terms

Association, in consideration of the promises herein contained of Manager, hereby employs, and

Manager hereby accepts employment as Manager of for a term commencing _________________,

20____, and ending _________________, 20____.

Association may by specific action and with the consent of Manager extend the termination date

of the existing contract to the full extent permitted by state law.

2. Professional Certification And Responsibilities.

A. Certification. Manager shall hold a valid license. (where applicable)

B. Duties

Manager shall have charge of the administration of the Association’s property under the direction

of the Board. He/she shall have knowledge of personnel procedures, ie the hiring, training supervising of

employees, etc. He/she shall have the ability to give direction, the ability to relate to and motivate people,

the ability to define job tasks, the ability to determine performance standards, the ability to hire, train,

discipline and terminate employees as necessary, and a knowledge of general business management

techniques and generally accepted business practices.

Manager shall oversee the record keeping procedures.

Manager shall have a knowledge of government/legally required insurance coverage; basic

insurance concepts and terms; requirements in the condominium documents regarding insurance;

association insurance policies and the terms thereof; understanding of adequate insurance coverage.

Manager shall have good listening skills; and ability to recognize when professional services are

needed by the Association; and ability to analyze problems; a knowledge of potential liability resulting

from his/her actions; the ability to develop and implement disaster preparedness procedures and emergency

plans.

Manager shall be able to understand financial reports and have a familiarity with laws regarding

transition, implied warranties and related issues.

Manager shall have basic accounting skills; budget planning and analysis skills; knowledge of

financial reports; knowledge of related federal and state laws; long term and short-term financial planning

skills.

Manager shall be able to establish fee/assessment collection procedures and have knowledge of

related legal requirements as well as an ability to keep accurate accounting records and an ability to work

with Association’s accountants.

Manager shall have the ability to determine maintenance and service specifications; analyze and

negotiate bids; supervise specification compliance; plan and schedule deferred and/or remedial current

maintenance; handle emergency repairs; implement a preventive maintenance program.

Manager shall have knowledge of landscape maintenance and control and shall coordinate and

schedule landscape maintenance.

Manager shall have the ability to plan, schedule and supervise exterior maintenance plus a

knowledge of health and safety standards and knowledge of contractor’s obligations.

Manager shall have a knowledge of janitorial/housekeeping tasks, the ability to diagnose interior

maintenance problems and determine liabilities, and a knowledge of fire and safety regulations and

compliance procedures.

Manager shall have an ability to maintain liaison with local public safety agencies and

recommend and implement improvement to the security of property.

Manager shall have a knowledge of relevant codes, laws and ordinances; acquire and maintain

knowledge of current state condominium laws, fire and health codes, workman compensation laws, tax

requirements and local ordinances, and shall have knowledge of directors and officers (D&O) liability, as

well as the ability to work with the Association’s legal counsel.

Manager shall have knowledge of statutory requirements and Association board policies

regarding liens and foreclosures, and ability to carry out lien and foreclosure policies uniformly; a

knowledge of notice requirements and a knowledge of how to protect Association assets in case a lien or

foreclosure becomes necessary.

Manager shall have an ability to deal with complaints objectively and consistently; a knowledge

of rule enforcement methods; and ability to communicate rules; and an ability to provide documentation of

due process.

Manager shall, in general, perform all duties incident to the office of Manager and such other

duties as may be prescribed by the Board from time to time. The Board, individually and collectively,

shall promptly refer all criticisms, complaints and suggestions called to its attention to the Manager for

study and recommendation. Manager shall provide administrative recommendations to the Board or any

committee that should request such recommendations.

No actions of the Manager shall diminish the vested power or authority of the Board of

Directors. Also, all duties assigned to the Manager by the Board should be appropriate to and consistent

with the professional role and responsibility of the Manager.

3. Professional Conduct

Manager shall notify the Board of any favors, gifts or any other compensation offered or

solicited by any person or business doing business or wanting to do business with the Association.

4. Professional Growth of Manager

Association encourages the professional growth of the Manager through his/her participation, as

he/she might decide in light of his/her responsibilities as Manager, in;

A. Seminars and courses offered by public or private educational institutions.

B. Programs and activities conducted or sponsored by local, state and national managers

organizations or associations

C. Informational meetings with other persons whose particular skills and backgrounds

would serve to improve the capacity of the Manager to perform his/her professional

responsibilities for the Association.

D. Visits to other associations.

In its encouragement, Association shall permit a reasonable amount of release time for Manager

as he/she deems appropriate to attend to such matters and will pay the necessary fees for continuing

education necessary to keep Manager’s license valid or professional edification.

5. Compensation

Salary: Association shall pay the Manager at an annual rate of __________________________________

______________________________dollars ($__________________). This annual salary rate shall be

paid to the Manager in accordance with the schedule of salary payment in effect for other certified

employees or in some other way mutually agreed to by both parties. Such compensation shall be based

upon ___________ work days each year.

Association and Manager may mutually agree to adjust the salary of the Manager during the

term of this contract, but in no event shall he/she be paid less than the salary he/she is presently receiving.

Any adjustment in salary made during the life of this contract shall be in the form of an amendment and

become part of this contract, but it shall not be deemed that Association and Manager have entered into a

new contract nor that the termination date of the existing contract has been extended.

6. Vacation And Other Benefits.

A. Manager shall be entitled to all the benefits applicable to 12 month administrative

employees as are incident to their employment relationship with the Association;

including, but not limited to, vacation and illness benefits and leaves, any other forms of

insurance protection, retirement program, choice of tax sheltered annuities and other

administrative employee benefits. He/she shall also be entitled to such other benefits as

agreed to in this contract.

B. Association shall maintain a disability policy naming the Manager that will provide an

income to the Manager equal to at least _________ percent of the contractual salary

when sick or disabled.

C. Association shall pay the Manager’s charges to the proper licensing authority of the

state in which he/she is employed and other professional groups in which the Manager

feels it is necessary to maintain and approve his/her professional skills, as permitted by

state law and as approved by the Board.

D. Association shall pay dues, membership fees and related expenses for membership in

professional and civic associations as approved by the Board.

E. If permitted by state law, the Manager shall be credited with unused sick leave days at

the renewal of the contract.

7. Expenses

Association shall pay or reimburse Manager for reasonable expense approved by Association and

incurred by Manager in the continuing performance of his/her duties under this employment agreement.

8. Transportation

Association shall reimburse Manager for all business travel at the rate of ________ per mile.

9. Professional Liability

A. Association agrees that it shall defend, hold harmless and indemnify Manager from any

and all demands, claims, suits, actions and legal proceedings brought against Manager in

his/her capacity, or in his/her official capacity as agent and employee of the Association,

provided the incident arose while the Manager was acting within the scope of his/her

employment and excluding criminal litigation and as such liability coverage is within the

authority of the Association to provide under state law. Except that, in no case, will

individual Board members be considered personally liable for indemnifying the

Manager against such claims demands, claims, suits, actions, and legal proceedings.

B. If, in the good faith opinion of the Manager, conflict exists as regards the defense to such

claim between the legal position of the Manager and the legal position of the Board,

Manager may engage counsel in which event Association shall indemnify the Manager

for the costs of legal defense as permitted by state law.

C. Association shall not, however, be required to pay any costs of any legal proceedings in

the event Board and Manager have adverse interests in such litigation, except as stated

above.

10. Personal Protection

In the event the life or safety of Manager or his/her family is threatened or otherwise appears in

danger because of the performance of Manager’s official duties, Association shall pay reasonable costs

incidental to the protection of the Manager and his/her family. The Manager can request Association to

pay all or part of the charges. Protection, if required, will be sought from the regular police authorities.

11. Goals and Objectives

Within 90 days of the execution of this contract, the parties shall meet to establish Association

goals and objectives for the ensuing year. Said goals and objectives shall be established in writing and be

among the criteria by which Manager is evaluated as hereafter provided. On or prior to

_________________ of each succeeding year, the parties will meet to establish Association goals and

objectives for the next succeeding year, in the same manner and with the same effect as heretofore

described.

12. Evaluation

The Board shall evaluate and assess in writing the performance of Manager at least once a year

during the term of this contract. This evaluation and assessment shall be reasonably related to the position

description of Manager and the goals and objectives of the Board for the year in question.

Manager shall submit to the Board a recommended format for this written evaluation and

assessment of his/her performance 90 days of the effective date of this contract. The Board shall meet and

discuss the evaluation format with the Manager, attempting in good faith to agree on the development and

adoption of a mutually agreeable evaluation format. In any event, the Association shall adopt an

evaluation format within 150 days of the effective date of this contract and shall evaluate the Manager

pursuant thereto within ____ days.

At least once each fiscal year, Manager and Board shall meet for the purpose of mutual

evaluation of the performance of the Association and Manager. In the event that the Board determines

that the performance of the Manager is unsatisfactory in any respect, the Board shall describe in writing,

in reasonable detail, specific instances of unsatisfactory performance. The evaluation shall include

recommendations as to areas of improvement in all instances where the Board deems performance to be

unsatisfactory. A copy of the written evaluation shall be delivered to the Manager. The Manager shall

have the right to make a written reaction or response to the evaluation. This response shall become a

permanent attachment to the Manager’s personnel file. Within 30 days of the delivery of the written

evaluation to the Manager, the Board shall meet with the Manager to discuss the evaluation.

13. Medical Examination

In light of the unique nature of the professional duties of a Manager, Association shall, at its

expense, provide for the Manager a complete medical examination not less than once every two years and

not more often than once each year. Any report of the examination shall be given directly and exclusively

by the physician to Manager. The Board shall be advised in writing by the physician of the continued

physical fitness of the Manager to perform his/her duties, and such report shall be confidential.

14. Renewal of Employment Contract

If Association does not notify Manager in writing before _________________ that this

employment contract will not be renewed, it shall be deemed that Association has renewed this

employment contract for one (1) year extending from the termination date set forth in paragraph 1.

15. Termination Of Employment Contract

This employment contract may be terminated by:

A. Mutual agreement of the parties.

B. Retirement of the Manager.

C. Disability of the Manager. In the event of disability by illness or incapacity, after

Manager’s sick leave has been exhausted, the compensation shall be reinstated after

Manager has returned to employment and undertaken the full discharge of his/her duties.

Association may terminate this contract by written notice to the Manager at any time

after the Manager has exhausted any accumulated sick leave and such other leave as may

be available and has been absent from his/her employment for whatever cause for an

additional period of ___________________. All obligations of the Association shall

cease upon such termination.

D. Discharge for cause. Discharge for cause shall constitute conduct which is seriously

prejudicial to the Association; including, but not limited to, neglect of duty or breach of

contract or violation of the state licensing laws or rules. Reasons for such a proposed

discharge for cause shall be given in writing and Manager shall be entitled to appear

before the Board to discuss such causes. If Manager chooses to be accompanied by

legal counsel at such a meeting, Manager shall bear any costs therein involved. Such

meeting may be conducted in closed executive session unless specifically prohibited by

state law. In the event that the Association offers to terminate the contract by paying the

amount specified in Clause 13(E), the requirement of the hearing before the Board shall

be waived by the Manager.

E. Unilateral Termination By The Association. The Association may, at its option, and

by a minimum of 90 days notice to the Manager, unilaterally terminate this contract. In

the event of such termination, the Association shall pay to Manager, as severance pay,

all of the aggregate salary and other compensation he/she would have earned under this

employment contract from the actual date of termination to the termination date set forth

in this employment contract. All Association paid benefits shall continue until the

expiration date of the contact unless otherwise settled by mutual agreement.

F. Termination with Manager’s concurrence. Association may propose to terminate this

employment contract upon 90 days written notice to Manager. If the Manager concurs

in writing with this decision, Association shall pay to the Manager, as severance pay, all

aggregate salary he/she would have earned under this employment contract from the

actual date of terminations to the termination date set in this employment contract. In the

event the Manager accepts the settlement specified above, the requirement for a hearing

of the reasons for termination in a closed executive session before the Board, provided

for in Clause 13 (D) above, shall be waived.

16. Savings Clause

If, during the term of this contract, it is found that a specific clause of the contract is illegal in

federal or state law, the remainder of the contract not affected by such a ruling shall remain in force.

In witness whereof Association has caused this employment contract to be approved in his/her behalf by a

duly authorized officer and Manager has approved this employment contract effective on the day and year

specified above.

17. Fringe Benefits

Fringe benefits to be included under this contract are identified by an X or check mark in the

accompanying box.

q Deferred Compensation or Bonus – compensation or payment made at the end of a contract term,

upon release, termination or non-renewal of a contract, or at stipulated time.

Details:________________________________________________________________________

_______________________________________________________________________________

q Liability Insurance – Coverage for legal proceedings that resulted from actions taken within the

scope of legal mandate and Board policies and procedures. (Can be provided by some directors

and officers policies.)

Details: _______________________________________________________________________

_______________________________________________________________________________

q Individual Policy, Non-Group Life Insurance – term, whole life or other insurance policies, such

as medical or dental policies.

Detail: _________________________________________________________________________

_______________________________________________________________________________

q Bonus – A payment usually paid annually and frequently tied to performance.

Detail: ________________________________________________________________________

_______________________________________________________________________________

q Housing – Either an allowance or authorization for on site housing.

Detail: ________________________________________________________________________

_______________________________________________________________________________

q Supplemental Office Equipment – Provision for such items as a personal computer at home and

work, answering machine, cellular phone, beeper or dictation equipment.

Details: _______________________________________________________________________

______________________________________________________________________________

q Various Insurances – May include short-term disability insurance, long term disability, accident

and sickness, personal days, severance plans with payment tied to unused sick leave, vacation days

and similar leaves.

Details: _______________________________________________________________________

______________________________________________________________________________

q Medical Insurance – May include medical, a health maintenance association, maternity leave,

dental care, vision care, prescription payments, psychiatric care, physical examination and retiree

health care.

Details: _______________________________________________________________________

______________________________________________________________________________

q Pension Plans

Details: ________________________________________________________________________

_______________________________________________________________________________

Additions: _____________________________________________________________________________

______________________________________________________________________________________

Exclusions: ____________________________________________________________________________

______________________________________________________________________________________

Board of Directors of: ___________________________________________________________________

By: ___________________________________________________________President, Board of Directors

Manager: ______________________________________________________

Witness: _______________________________________________________

This employment contract was approved by vote of the Board of Directors of Association at a meeting duly

held on ___________________________, 20____, and has been made part of the minutes of that meeting.