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HomeMy Public PortalAbout1996 Employment Agreement.tif.; . 1110 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this J9' day of November, 1996, 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 WHEREAS, the parties desire to amend the Agreement as provided in this First 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 -C: PART A. That Section 2 of the Agreement entitled "Term of Employment"is hereby amended to read, in its entirety, as follows: SECTION 2. TERM OF EMPLOYMENT (A) Employee's term of employment shall be for a period of three (3) years from November 19, 1996 until November 18, 1999, 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 renegotiation or renewal of this Amended Agreement if requested by either party. (B) Nothing in the Amended Agreement shall prevent, limit or otherwise interfere with the right of the Village Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of the Amended Agreement. (C) Nothing in the Amended 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 the Amended Agreement. 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: SECTION 3. TERMINATION BY VILLAGE AND SEVERANCE PAY (A) In the event that the Employee is terminated by the Village Council during the first or second year of the three-year term of this Amended 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 twelve months aggregate salary. In the event that the Employee is terminated during the last one-year period of the three-year term of this Amended Agreement, at which time Employee is ready, willing, able and continually available to perform his duties under this Amended Agreement, the amount of such lump sum cash payment shall be pro rated in accordance with the number of days remaining in the unexpired term of the Amended Agreement; provided however, that the applicable lump sum cash payment shall not be less than the equivalent of six (6) 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. The Agreement is amended by revising all references to the "Board of Trustees" to read "Village Council". VILLAGE AND EMPLOYEE FURTHER AGREE that except as to Section 5 of the Agreement entitled "Salary", which has been adjusted by the Village Council, and as amended by this Amendment to Agreement, that certain Employment Agreement of February 25, 1992, shall remain in full force and effect. 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 aTs VILLAGE COUNCIL MA R sT e/6,/a-a/Afe VILLAGE CLERK 2 C. SAMUEL KISSINGER By: APPROVED AS TO FORM: 7 VILLAGE ATTORNEY 103001\amendment.n26 3