HomeMy Public PortalAbout2001-11 Approving Fourth Amendment to Agreement with Village Manager C. Samuel KissingerI g
ONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2001-11
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
FOURTH AMENDMENT TO VILLAGE OF KEY BISCAYNE
EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER,
C. SAMUEL KISSINGER; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council finds that the approval of the attached Fourth Amendment
to Village of Key Biscayne Employment Agreement with the Village Manager, C. Samuel Kissinger
(the "Fourth Amendment to Agreement") is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Fourth Amendment to Agreement, in substantially the form attached
hereto, is hereby approved and the Mayor is authorized to execute such Fourth Amendment to
Agreement on behalf of the Village.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 23rd day of January , 2001.
KEY
MAYOR JOE I. RASCO
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FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered
into this 23rd day of January, 2001, between the Village of Key Biscayne (the "Village") and C.
Samuel Kissinger (the "Employee").
WHEREAS, on February 25, 1992, the parties entered into the Employment Agreement (the
"Agreement") providing the terms and conditions of Employee's employment as Village Manager
of Village, and thereafter amended the Agreement on November 19, 1996, and on August 3, 1999,
and on November 14, 2000; and
WHEREAS, the parties desire to amend the Agreement as provided in this Fourth
Amendment to Employment Agreement (the "Amendment to Agreement"); and
WHEREAS, the Agreement, as previously amended and as further amended herein, shall
constitute the Amended Agreement.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES
AND COVENANTS CONTAINED HEREIN, THE VILLAGE AND EMPLOYEE AGREE
THAT THE AGREEMENT IS HEREBY AMENDED, AS PROVIDED IN PARTS A -B
BELOW:
PART A. That paragraph (A) of Section 2 of the Agreement entitled "Term of Employment,"
as previously amended, is hereby amended to read, in its entirety, as follows:
SECTION 2. TERM OF EMPLOYMENT
(A) Employee's term of employment shall be from November 19, 1996 until March
15, 2002, unless terminated as provided in the Amended Agreement. Three (3) months prior to the
expiration of this Amended Agreement, the Village Council and the Employee shall meet to discuss
the re -negotiation or renewal of this Amended Agreement if requested by either party.
PART B. That Section 3 of the Agreement entitled "Termination by Village and Severance
Pay," as previously amended, is hereby amended, to read, in its entirety, as follows:
(A) In the event that the Employee is terminated by the Village Council during the
term of employment provided by this Fourth Amendment to Agreement, the Village shall not be
required to pay Employee any severance pay. The Village shall pay to Employee all accrued
compensation due to the Employee as of the date of termination.
VILLAGE AND EMPLOYEE FURTHER AGREE that except as amended by this Fourth
Amendment to Agreement, that certain Employment Agreement of February 25, 1992, as previously
amended, shall remain in full force and effect.
VILLAGE CLERK
IN WITNESS WHEREOF, the Village of Key Biscayne as Village and C. Samuel Kissinger,
as Employee, have caused this Agreement to be signed and executed, in duplicate, the day and year
first written above.
VILLAGE OF KEY BISCAYNE
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APPROVED AS TO FORM:
VILLAGE ATTORNEY
103001\agreements\fourth amendment to employment agreement-csk
C. SAMUEL KISSINGER
C. SAMUEL KISS h_ ER