1997-027 Amends Manager's Employment AgreementLJ
RESOLUTION NO. 27-97
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AMENDMENT TO THE
EMPLOYMENT AGREEMENT OF THE VILLAGE
MANAGER DATE FEBRUARY 17, 1989,
ATTACHED AS EXHIBIT "A"; 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 amendment attached as
Exhibit "A" to the Employment Agreement with the Village Manager
dated February 17, 1989.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the amendment with the Village
Manager 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 24th DAY OF APRIL 1997.
•
•
(Village Seal)
has L
YOR
ATT ,'~
VILLAGE CLERK
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT is to that certain Employment Agreement.
dated the 17th day of February, 1989, and entered into by and
between the VILLAGE OF NORTH PALM BEACH, FLORIDA, a municipal
corporation, hereinafter called "EMPLOYER", and DENNIS W. KELLY,
hereinafter called "EMPLOYEE".
W I T N E S S E T H:
WHEREAS, EMPLOYER and EMPLOYEE are desirous of amending and
updating the Employment Agreement dated February 17, 1989.
NOW, THEREFORE, in consideration of the premises and of the
mutual benefits, promises and agreements herein contained, it is
covenanted and agreed as follows:
1. Subsection A of Section 4, Termination and Severance Pay,
is hereby amended to read as follows:
"Section 9. Termination and Severahce Pay.
A. Employer may remove the Employee at any time by a
majority vote of the members. In the event the Employee is removed
from office by the Employer without good cause during a time that
the Employee is willing and able to perform his duties, then, in
that event, the Employer shall pay the Employee 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 Employee has served Employer for at least twelve (12)
months and shall. pay Employee two (2) months' salary after
Employee has served the Village for at least two (2) years, and
shall pay Employee three (3) months' salary after Employee has
. served Employer for three (3) years or more, with the payment never
to exceed three (3) months' salary; and
3. Employer shall maintain at its expense the
insurances that cover Employee for the month or months that
Employer is obligated to make a lump sum cash payment to Employee.
The payments specified above shall relieve Employer of all
obligations to Employee.
In the event Employee is terminated for good cause or due to
the conviction of any illegal act involving personal gain to
Employee, then, in that event, Employer shall have no obligation to
pay the aggregate severance sum designated herein or~to continue
insurance coverages on Employee."
2. The first full Paragraph of Section 6, Salary, is hereby
amended to read as follows:
"Section 6. Salary.
Employer agrees to pay Employee for his services rendered
pursuant hereto an annual base salary of $75.000.00, payable in
installments at the same time as other employees of Employer are
paid."
3. Section 7, Performance Evaluation, is hereby amended to
read as follows:
"Section 7. Performance Evaluation.
A. "The Council may review and evaluate the performance of
Employee at least once annually during the month of August. Said
review and evaluation shall be in accordance With specific criteria
developed by Employer, in consultation with employee. Said
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• criteria may be added to or deleted from as the Council may from
time to time determine in consultation with Employee. Further,
Employer shall provide Employee with an adequate opportunity for
Employee to discuss this evaluation with the Council.
B. Annually, prior to April 15, the Council and Employee
shall define goals and performance objectives which they determine
necessary for the proper operation of Employer, and, in the
attainment of the Council's policy objectives, shall further
establish a relative priority among those various goals and
objectives. These goals and objectives shall be reduced to
writing. They shall generally be attainable within the time
limitations as specified, if any.
C. In effecting the provisions of this Section, the Council
and Employee mutually agree to abide by the provisions of
applicable laws."
9. Section 10, Automobile Allowance, is hereby amended to
read as follows:
"Section 10. Automobile Allowance.
Employer recognizes the necessity of Employee's use of
transportation as an integral and critical part of employment and
agrees to provide a minimum monthly automobile allowance of
$350.00. Employee will be responsible for all payments and
incidental costs (i.e., tag, insurance, gasoline, etc.) for the
operation of said vehicle. In addition, Employer agrees to
reimburse Employee for mileage incurred outside of Palm Beach
County in accordance with the Village's Travel Policy with no
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• reimbursement for mileage incurred inside Palm Beach County."
5. Section 13, Retirement, is hereby amended to read as
follows:
"Section 13, Retirement.
Employer agrees to execute all necessary agreements provided
by the International City Management Association-Retirement
Corporation ("ICMA-RC") for Employer's continued participation in
said ICMA-RC Retirement Plan, and, accordingly, in addition to the
base salary paid by Employer to Employee, Employer agrees to pay a
percentage of Employee's base salary equal to the percentage
budgeted annually for all other employees participating in the
General Employees Pension Plan with said percentage paid into the
• ICMA-RC on Employee's behalf, in equal proportionate amounts each
pay period, and to transfer or retain ownership in accordance with
the ICMA-RC Retirement Plan. Employee agrees that he is not a
participant in the Village Pension Plan and Employer is not
required to make further contributions on Employee's behalf."
6. Subsection A of Section 19, Other Terms and Conditions of
Employment, is hereby amended to read as follows:
"A. The Council, on consultation with Employee, shall
fix any such other terms and Conditions of employment, as it may
determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent
with or in conflict with the provisions of this Agreement, the
• Village Charter or any other law. Employer and Employee agree that
Employee shall furnish the Village Council each fiscal year with a
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• balanced budget without the use of unappropriated funds."
7. All terms and provisions of the Employment Agreement dated
February 17, 1989, between the parties that are not specifically in
conflict with this First Amendment shall remain in full force and
effect.
IN WITNESS WHEREOF, parties hereto have hereunto set their
hands and seals on the 24th day of APril 1997,
VILLAGE OF NORTH PALM BEACH
(EMPLOYER)
B
Its' Mayor
(Village Seal)
C7
ATTEST:
C~7l/~.~
V LLAGE CLERK
WITNESSES:
~~ ~ (SEAL)
DENNIS W. KELL
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