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EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of February, 1992,
between the VILLAGE OF KEY BISCAYNE (hereinafter the "VILLAGE") and C.
SAMUEL KISSINGER (hereinafter the "EMPLOYEE"), pursuant to the following
terms and conditions:
A. WHEREAS, the VILLAGE wishes to employ the services of C. SAMUEL
KISSINGER as Village Manager of the VILLAGE OF KEY BISCAYNE; and
B. WHEREAS, the VILLAGE and EMPLOYEE desire to provide for certain
procedures, benefits and requirements regarding the employment of
EMPLOYEE by the VILLAGE; and
C. WHEREAS, EMPLOYEE wishes to accept employment as Village
Manager of said VILLAGE under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the VILLAGE and EMPLOYEE agree to the following:
SECTION 1. DUTIES
VILLAGE agrees to employ C. SAMUEL KISSINGER as the Village Manager
of the VILLAGE OF KEY BISCAYNE to perform the duties and exercise the powers
as prescribed by the Village Charter and Village Code, and to perform such
other legally permissible and proper duties and functions as assigned by the
Village Board of Trustees from time to time.
SECTION 2. TERM OF EMPLOYMENT
(A) EMPLOYEE'S term of employment is indefinite, subject to the
conditions contained herein, and shall commence on March 2, 1992.
(B) Nothing in this agreement shall prevent, limit or otherwise
interfere with the right of the Board of Trustees to terminate the services of
EMPLOYEE at any time, subject only to the provisions set forth in SECTION 3 of
this agreement.
(C) Nothing in this agreement shall prevent, limit or otherwise
interfere with the right of EMPLOYEE to resign at any time from the position
of Village Manager, subject only to the provisions set forth in SECTION 4 of this
agreement.
SECTION 3. TERMINATION BY VILLAGE AND SEVERANCE PAY
(A) In the event EMPLOYEE is terminated by the Board of Trustees
during such time that EMPLOYEE is willing and able to perform his duties
under this agreement, the Village agrees to pay EMPLOYEE a lump sum cash
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payment equal to three (3) months aggregate salary. The EMPLOYEE would also
receive payment for any accrued vacation and sick leave in accordance with
the Village's policies governing other employees. The lump sum cash payment
shall be made within fifteen (15) working days of termination. After the
payment described above, the VILLAGE shall have no further financial
obligation to EMPLOYEE pursuant to this Agreement.
(B) In the event EMPLOYEE is terminated because of conduct
unbecoming a public official, including but not limited to criminal conduct, or
is terminated because of failure to perform at a level acceptable to the Board of
Trustees, the VILLAGE shall have no obligation to pay the aggregate severance
sum designated in subparagraph (A) above. Pursuant to this Agreement,
"failure to perform" shall mean a written finding by the Board of Trustees. If
EMPLOYEE's employment is terminated pursuant to this subsection, 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, the VILLAGE shall have no further financial obligation to
EMPLOYEE pursuant to this Agreement.
SECTION 4 TERMINATION BY EMPLOYEE
In the event EMPLOYEE voluntarily resigns his position with the
Village, then EMPLOYEE shall give the Board of Trustees at least one month
written notice in advance, unless waived at the sole discretion of the Board of
Trustees. EMPLOYEE shall not be entitled to receive severance pay.
SECTION 5. SALARY
(A) The initial salary of EMPLOYEE shall be $82,500, which shall be
payable in installments at the same time as other employees of the Village are
paid.
(B) The Board of Trustees agrees to evaluate the performance of the
EMPLOYEE to determine any adjustment in annual salary and/or benefits at
least once annually, pursuant to the terms of SECTION 6 of this Agreement.
Any adjustment in said annual salary and/or benefits shall be based upon the
results of the performance evaluation.
SECTION 6. PERFORMANCE EVALUATION
(A) The VILLAGE may review and evaluate the performance of the
EMPLOYEE at least once annually. Said review and evaluation shall be in
accordance with procedures developed jointly by the VILLAGE and the
EMPLOYEE.
(B) Annually, the Board of Trustees and EMPLOYEE shall define goals
and performance objectives that they determine necessary for the proper
operation of the VILLAGE and in the attainment of the Board of Trustee's policy
objectives and shall further establish a relative priority among those various
goals and objectives, said goals and objectives to be reduced to writing. They
shall generally be attainable within the time limitations as specified and the
annual operating and capital budgets and appropriations provided.
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SECTION 7. HOURS OF WORK
EMPLOYEE agrees to remain in the exclusive employ of the Village of
Key Biscayne and shall not accept any other employment during the term of
this Agreement. EMPLOYEE further agrees to devote that amount of time and
energy which is reasonably necessary for EMPLOYEE to faithfully perform his
duties under this Agreement.
SECTION 8. AUTOMOBILE
The VILLAGE shall pay EMPLOYEE a monthly transportation allowance
in the amount of $400.00 for use of his private automobile in furtherance of
his duties.
SECTION 9. RETIREMENT/DEFERRED COMPENSATION
(A) The VILLAGE shall contribute into a retirement program chosen
by EMPLOYEE in an annual amount of 9% of annual salary.
(B) If EMPLOYEE desires to participate in the ICMA deferred
compensation programs, the VILLAGE agrees to execute all necessary
documents or agreements provided by the ICMA Retirement Corporation and
contribute into the ICMA deferred compensation programs on behalf of
EMPLOYEE at the level provided in paragraph (A) above.
SECTION 10. INSURANCE AND INDEMNIFICATION
The VILLAGE agrees to pay EMPLOYEE an insurance allowance of $8,300,
payable March 1, 1993. In the event EMPLOYEE is terminated prior to March 1,
1993, EMPLOYEE shall be entitled to a payment by the VILLAGE equal to $692.00
for each month of employment. After March 1, 1993, the VILLAGE agrees to
provide an allowance to EMPLOYEE to pay the costs of EMPLOYEE's current
insurance benefits, including health, disability and life insurance, in an
amount not to exceed $9,800 annually. EMPLOYEE agrees that the Village shall
have no further obligation to provide other insurance benefits to EMPLOYEE
during the term of this Agreement.
SECTION 11. VACATION, SICK LEAVE AND HOLIDAYS
Commencing upon the effective date of this agreement, EMPLOYEE shall
accrue vacation time at the rate of 1.7 days per month and sick leave at the rate
of 1 day per month. EMPLOYEE shall be entitled to holidays at the same rate as
other employees of the Village. EMPLOYEE shall not use more than 5 vacation
days consecutively without prior approval of the Board of Trustees. EMPLOYEE
may accumulate up to 40 days of unused vacation time. Accumulated vacation
time in excess of 40 days shall be forfeited by EMPLOYEE.
SECTION 12. PROFESSIONAL DEVELOPMENT
(A) Subject to Village policy, State law and subparagraph (C) below, the
VILLAGE agrees to pay the reasonable professional dues and subscriptions of
EMPLOYEE necessary for his continuation and participation as a member in
national, regional, state and local professional associations and organizations
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necessary and desirable for his continued professional participation, growth
and advancement, and for the good of the VILLAGE. EMPLOYEE shall not hold
office in any local, state, regional or national professional association or
organization without prior approval of the Board of Trustees.
(B) Subject to Village policy, State law and subparagraph (C) below, the
VILLAGE agrees to pay the travel and subsistence expenses of EMPLOYEE for
reasonable professional and official travel, meetings and occasions adequate to
continue the professional development of EMPLOYEE and to adequately pursue
necessary official and other functions of the VILLAGE, including but not
limited to the annual conference of the Florida City and County Manager's
Association (FCCMA).
(C) The Board of Trustees shall approve in each yearly budget a certain
amount that may be expended by the EMPLOYEE for those items listed in
subparagraphs (A) and (B) above, in accordance with then existing Village
policy. Nothing contained herein shall require the VILLAGE to include in the
budget enough money to pay for all or any of the items listed in
subparagraphs (A) and (B) above.
(D) Subject to Village policy and State law, the VILLAGE agrees to pay
the travel and subsistence expenses of EMPLOYEE to attend the annual
conference of the International City Management Association (ICMA).
SECTION 13. MOVING/RELOCATION EXPENSES
The VILLAGE shall provide a one time lump sum allowance to the
EMPLOYEE in the amount of $5,000.00 for moving and relocation expenses.
SECTION 14. RESIDENCY
EMPLOYEE agrees to permanently reside within the incorporated limits
of the Village of Key Biscayne during the term of this Agreement, and shall
assume permanent residency not later than six months after the effective date
of this Agreement.
SECTION 15. NOTICE
Notices pursuant to this Agreement shall be given by certified mail
through United States Postal Service delivery, addressed as follow:
VILLAGE Mayor and Members of the Board of Trustees
Village of Key Biscayne
with copy to Village Attorney
EMPLOYEE C. Samuel Kissinger
Village Manager
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SECTION 16. OTHER TERMS AND CONDITIONS
(A) If any provision, or any portion thereof, contained in this
Agreement is held to be unconstitutional, illegal, invalid, or unenforceable,
the remainder of this Agreement, or portion thereof, shall not be affected and
shall remain in full force and effect.
(B) The waiver by either party of a breach of any provision of this
Agreement by the other shall not operate or be construed as a waiver of any
subsequent breach by that party.
(C) The rights and obligations herein granted are personal in nature
and cannot be transferred by the EMPLOYEE except as provided in any
benefits, including without limitation, retirement, disability and death
benefits.
(D) This Agreement contains the entire agreement of the parties. It
may not be changed orally, but only by an agreement in writing signed by the
parties hereto.
(E) This Agreement shall be governed by Florida law and any litigation
which may arise from this Agreement shall be filed and litigated in Dade
County, Florida.
IN WITNESS WEREOF, 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 I'Fp B ARD OF TRUSTEES
MAYO
VILLAGE CLERK
APPROVED AS TO FORM:
44A04.4 La14.1
VILLAGE A
C. SAMUEL KISSINGER
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