HomeMy Public PortalAbout1999-67 Approving second amendment to VKB with Village Manager C. Samuel KissingerRESOLUTION NO. 99-67
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
SECOND 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 Second Amendment
to Village of Key Biscayne Employment Agreement with the Village Manager, C. Samuel Kissinger
(the "Second 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 Second Amendment to Agreement, in substantially the form attached
hereto, is hereby approved and the Mayor is authorized to execute such Second Amendment to
Agreement on behalf of the Village.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 20th day of July , 1999.
A'Fi'EST:
elr1( hi IA �l,- CI1JuCV� /�
CONCHITA H. ALVAREZ, CM /
VILLAGE CLERK
APPROVED AS Ti OR
HARD J� ,� : , V I �� E ATTORNEY
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made and
entered into this 3rd day of August, 1999, 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 amended the Agreement on November 19, 1996; and
WHEREAS, the parties desire to amend the Agreement as provided in this Second
Amendment to Employment Agreement (the "Amendment to Agreement"); and
WHEREAS, the Agreement, as 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 -D:
PART A. That Section 2(A) of the Agreement entitled "Term of Employment" is
hereby amended to read as follows:
SECTION 2. TERM OF EMPLOYMENT
(A) Employee's term of employment shall be from November 19, 1996 until
January 26, 2001, unless terminated as provided in the Amended Agreement. Six (6) 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" 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 extension provided by this Second Amendment to Agreement, at
which time Employee is ready, willing, able and continually available to perform his duties
under this Amended Agreement, the Village agrees to pay Employee a lump -sum cash payment
equal to six months aggregate salary.
(B) In the event that the Employee is terminated because of conduct
unbecoming a public official, including but not limited to criminal conduct, the Village shall
have no obligation to pay the aggregate severance sum designated in subparagraph (A) above.
If Employee's employment is terminated pursuant to this subparagraph (B), then the Village
shall pay to Employee all accrued compensation due to the Employee as of the date of
termination. After the payment described in the immediately preceding sentence of this
subparagraph (B), the Village shall have no further obligation to Employee pursuant to the
Amended Agreement.
PART C. That Section 5(A) of the Agreement entitled "Salary" is hereby amended to
provide for an annual base salary of $141,000.00, payable in equal twice monthly
installments, effective as of October 1, 1999. The current salary level shall continue until
October 1, 1999.
PART D. VILLAGE AND EMPLOYEE FURTHER AGREE that except as amended
by this Second Amendment to Agreement, that certain Employment Agreement of February
25, 1992, as previously amended, shall remain in full force and effect. Accordingly, an annual
housing allowance of $12,000.00, payable in equal monthly installments, shall continue for the
term hereof.
IN WITNESS WHEREOF, the Village of Key Biscayne as Village and C. Samuel
Kissinger, as Employee, have caused this Agreement to be signed and executed, in duplicate,
the day and year first written above.
VILLAGE OF KEY BISCAYNE
BY ITS VI Lt GE COUNCIL
ICE MAYOR
EST:
VILLAGE CLERK
C. HAN
APPROVED AS TO FORM:
r ---
I ,�
U �
VILLAGE ATTORNEY
103001\ agreements\second amendment to employment agreement-csk
C. SAMUEL KISSINGER
C. SAMUEL KIS$'INGER