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2003-057 Village Manager Agreement w/Dennis RedmondRESOLUTION 57-2003 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH DENNIS REDMOND ATTACHED AS EXHIBIT "A", WHICH AGREEMENT APPOINTS DENNIS REDMOND AS VILLAGE MANAGER FOR AN INDEFINITE TERM; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Employment Agreement with Dennis Redmond attached as Exhibit "A", which agreement appoints Dennis Redmond as Village Manager for an indefinite term. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Employment Agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 9th DAY OF OCTOBER, 2003. .irf ~f lil e~,~,~ (Vilag v' ATTE~ • EMPLOYMENT AGREEMENT • This agreement is entered into this 9th day of October, 2003 between the Village of North Palm Beach, Florida (VILLAGE) and Dennis Redmond (REDMOND). WITNESSETH: WHEREAS, Village desires to employ the services of REDMOND as Village Manager of the Village of North Palm Beach as set forth in Section 1 of Article IV of the Charter of the Village; and WHEREAS, it is the desire of the Village Council to provide certain benefits, establish certain conditions of employment and to set working conditions of said employee; and WHEREAS, REDMOND agrees to accept employment as Village Manager of the Village of North Palm Beach upon the terms and provisions set forth herein. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Recitals. The Recitals stated above are true and correct to the best of the knowledge of the parties hereto and are incorporated herein by this reference. Section 2. Appointment. Pursuant to Section 2 of Article IV of the Charter of the Village of North Palm Beach, the Village Council does hereby appoint Dennis Redmond as its Village Manager for an indefinite term effective November 15, 2003. Section 3. Duties. The Village Manager shall perform the functions and duties as set forth in and in accordance with the Village Charter, Code of Ordinances, Resolutions and written policies of the Village of North Palm Beach, as same may be amended from time to time and perform such other duties and functions as the Council shall from time to time assign. Section 4. Salary. • The Village Manager shall be paid with a salary commencing as of the effective date of this Employment Agreement at the rate of $105,000 per fiscal year. Salary shall be prorated for the fiscal year that commenced October 1, 2003. The salary of the Village Manager shall be paid in installments at the same time as other employees of the Village are paid. • Section 5. Performance Reviews. The Council may annually review and evaluate the performance of the Village Manager. The review and evaluation shall be in accordance with specific written criteria developed by the Council in conjunction with the Village Manager which consist of goals and performance objectives which the Council deems necessary for the proper operation of the Village, the attainment of the Council=s policy objectives and for the professional development of the Village Manager. The Council shall further adopt and establish a relative priority among the goals and performance objectives. The goals and objectives shall be reasonably attainable within the time limitations specified and within the annual operating and capital budgets and appropriations provided. The goals and objectives shall be re-established thereafter on an annual basis, coincident with the annual review and performance evaluation of the Village Manager. Failure by the Council to adopt such goals and objectives shall not be considered a breach of this Agreement. Section 6. Hours Per Week. The Village Manager shall devote whatever time is necessary to properly perform the duties of the position. It is understood a minimum of forty (40) hours per week is necessary for adequate job performance. Section 7. Removal of Village Manager. A. The Village Council may remove the Village Manager at any time by a majority vote of the members. In the event the Village Manager is removed from office by the Village Council without good cause during a time that the Village Manager is willing and able to perform his duties, then, in that event, the Village shall pay the Village Manager the following: (1) Accumulated sick leave and accumulated vacation pay; and (2) A lump sum cash payment equal to one (1) month=s salary after a Village Manager has served the Village for at least twelve (12) months and shall pay him two (2) months= salary after a Village Manager has served the Village for at least two (2) years, and shall Pay the Village Manager three (3) months= salary after a Village Manager has served the Village for three (3) years or more, with the payment never to exceed three (3) months= salary; and • (3) The Village shall maintain at its expense the insurances that cover the Village Manager for the month or months that the Village is obligated to make a lump sum cash payment to the Village Manager. • The payments specified above shall relieve the Village of all obligations to the Manager. B. In the event the Village Manager is terminated for just cause, the Village shall have no obligation to pay the amounts outlined herein above in Section 7A herein. For purposes of this agreement, Afor cause@ or ajust cause@ shall include the following examples of misconduct: 1) Misfeasance, malfeasance and/or nonfeasance in performance of his Village duties and responsibilities. 2) Conviction of a misdemeanor or felony crime, whether or not adjudication is withheld. 3) Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. 4) Violation of any substantive Village policy, rule, or regulation, which would subject any other Village employee to termination. 5) The commission of any fraudulent act against the interest of the Village. 6) The commission of any act which involves moral turpitude, or which causes the Village disrepute. 7) Violation of the International City/County Management Association Code of Ethics. 8) Any other act of a similar nature of the same or greater seriousness. Section 8. Vacation and Sick Leave. Village Manager shall accrue vacation and sick leave at the rate and limitations of a general employee. Section 9 Holidays. The Village Manager is entitled to the same paid holidays as Village employees. Section 10. Health, Dental, Life and Disability Insurance. The Village agrees to provide health, dental, life and disability insurance to the Village Manager and his family on the same basis as it does general employees. Such coverage to become effective on the Village Manager=s starting date. If the Village • cannot put the Village Manager on its plan immediately, it will pay his Cobra charges for the coverages previously described until he and his family can be placed on its plan. Section 11. Automobile Allowance. • The Village shall pay the Village Manager an allowance of $400 per month for the purpose of reimbursing the Village Manager for his automobile expenses while conducting Village business. The Manager shall not be required to supply any receipts or other documentation in order to receive this allowance. The Village Manager shall obtain and carry automobile liability insurance in the amount of $100,000 per person and $300,000 per occurrence with such other terms for such policy as the Village approves. Section 12. Cell Phone Allowance. Cell phone allowance shall be as established from time to time by Village Policy. Section 13. Retirement. The Village agrees to provide the Village Manager with a percent of his annual base salary that he may invest into the manager=s investment plan. Such percentage shall be in accordance with the percentage established for general employees of the Village from time to time. The Manager is entitled to invest the maximum portion of his salary that the Village=s existing deferred compensation program allows. All such funds shall be owned by the Village Manager, or transferred to him, upon the termination of his employment to the degree allowed by law. Section 14. Dues and Subscriptions. The Village agrees to pay Village Manager=s professional dues for membership in the International Village and County Management Association, and the Florida City and County Management Association. The Village shall pay other dues and subscriptions on behalf of Village Manager as are approved in the Village=s annual budget (on a line item basis) or as authorized separately by the Village Council. Section 15. Professional Development. The Village agrees to pay reasonable and customary travel and subsistence expenses for the Village Manager=s travel and attendance at the International Village/County Managers= Association annual conference, Florida Village/County Managers= Association annual conference, and the Florida League of Cities= annual conference and such other seminars, conferences and committee meetings all as are approved in the Village=s annual budget (on a line item basis) or as authorized by the Village Council. . Section 16. Outside Activities. -4- With prior approval of the Council, the Village Manager is permitted to engage in • additional professional activities separate and apart from Village matters, provided said activities do not conflict or interfere with the performance of the Village Manager=s Village duties and responsibilities. Section 17: Moving Allowance. The Village agrees to pay the Village Manager a fixed sum of $12,000 for costs associated with moving and for housing during the first sixty (60) days of his employment. -Should the Manager resign within two years of his employment with the Village to retire or accept a position elsewhere, he will return to the Village any expenses it has paid to assist with his move. Reimbursement to the Village of moving allowance is not required if the Manager should die within the first two (2) years or resign within such time due to disability. Section 18. Relocation. The Village Manager shall attain residence within the Village limits within sixty (60) days of his appointment and retain Village residence during the time he serves as Village Manager. Section 19. Voluntary Resignation In the event the Village Manager voluntarily resigns his position with the Village before the expiration of the Term of employment;, the Village Manager shall provide the Council sixty (60) calendar days advance written notice (Notice of Resignation). Upon receipt of such Notice of Resignation, the Council may, at its option, require the Village Manager to terminate at an earlier date than set forth in the Notice of Resignation. Section 20. Return of Property Upon final termination, whether voluntary, Afor cause@ or Awithout cause@, the Village Manager shall, within ten (10) business days, return all Village property including but not limited to keys, vehicle, documents and any other property of the Village in the possession or under control of the Village Manager. Section 21. Other Terms and Conditions of Employment The Council shall fix any other terms and conditions of employment it may determine from time to time to be necessary and in the Village=s best interest relating to the performance of the Village Manager, provided that such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, Florida Statutes • or any other law, and which are agreed to in writing by the Village Manager. -5- Section 22. Attorney=s Fees. • In any litigation between the parties in regards to this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party a reasonable attorney=s fees and all costs of litigation at both at the trial and appellate level. Section 23. General Provisions. 23.01. The provisions of this Agreement constitute the entire understanding between the parties. No other representations or understandings are binding on the Village and Village Manager unless contained in this or a subsequently adopted Agreement. 23.02. Upon VILLAGE MANAGER=S death, the VILLAGE=S obligations under this Agreement shall terminate except for: 1) Transfer of ownership of retirement funds, if any, to his designated beneficiaries; 2) Payment of accrued leave balances in accordance with this Agreement; 3) Payment of all outstanding hospitalization, medical and dental bills in accordance with Village=s insurance policies or plans; and 4) Payment of all life insurance benefits. 23.03. Venue shall be in any appropriate Court located in Palm Beach County, Florida. 23.04 This agreement shall be construed and governed by the laws of Florida. 23.05. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party that the other and every covenant, term and provision of this Agreement shall be construed simply according to tits fair meaning. 23.06. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original, but all of which together shall constitute the same instrument. • 23.07 Time is of the essence of this Agreement. -6- Section 24. Severabilitv. • In the event that 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. Section 25. Effective Date of Agreement. This Agreement shall become effective upon the date as stated within Section 2 herein. ATTEST. 1 _- ~~ ~ ~~ VILLAGE CLERK VILLAGE OF NORTH PALM BEACH a- DENNIS REDMOND