HomeMy Public PortalAbout1996 Employment Agreement.tif.; .
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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
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