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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