1998-032 Amend's Manager's Employment Agreement• RESOLUTION NO. 32-98
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 A SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT WITH DENNIS W. KELLY ATTACHED AS
EXHIBIT "A" ,WHICH AGREEMENT IS FOR THE PURPOSE OF DELETING THE
REQUIREMENT THAT THE VILLAGE MANAGER FURNISH THE VILLAGE
COUNCIL WITH A BALANCED BUDGET WITHOUT THE USE OF
UNAPPROPRIATED FUNDS; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
ctio The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the Second Amendment to Employment Agreement with Dennis W. Kelly
attached as Exhibit "A", which amendment is for the purpose of deleting the requirement that the
Village Manager furnish the Village Council with a balanced budget without the use of
• unappropriated funds.
e i The Mayor and Village Clerk are hereby authorized and directed to execute
the Second Amendment to Employment Agreement with Dennis W. Kelly set forth in Exhibit "A"
for and on behalf of the Village of North Palm Beach.
c i This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS _
(VILLAGE SEAL.)
ATTEST:
• ~~
VILLAGE CLERK
• THIS SECOND 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".
WITNESSETH:
WHEREAS, EMPLOYER and EMPLOYEE entered into an employment agreement
dated the 17th day of February, 1989; and,
WHEREAS, EMPLOYER and EMPLOYEE entered into a First Amendment to
Employment Agreement dated April 24, 1997; and
WHEREAS, the parties are desirous of amending Subsection A of Section 19, Other
• Terms and Conditions of Employment, of the Employment Agreement as amended.
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 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
pertormance 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 balanced budget.
2. All terms and provisions of the Employment Agreement dated February 17,
• 1989, and First Amendment, dated April 24, 1997, between the parties that are not
specifically in conflict with this Second Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective
hands and seals on the 14th day of July , 1998.
(VILLAGE SEAL)
ATTEST:
• ILLAGE CLERK
WITNESSES:
~7~~0_-tea /~-~~ ! (SEAL)
DENNIS W. KELLY
•