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HomeMy Public PortalAbout1992 Employment Agreement.tif,r 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 1 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. 2 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 3 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 4 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 5