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1997-027 Amends Manager's Employment AgreementLJ RESOLUTION NO. 27-97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT OF THE VILLAGE MANAGER DATE FEBRUARY 17, 1989, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA; • Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the amendment attached as Exhibit "A" to the Employment Agreement with the Village Manager dated February 17, 1989. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the amendment with the Village Manager set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED THIS 24th DAY OF APRIL 1997. • • (Village Seal) has L YOR ATT ,'~ VILLAGE CLERK FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT is to that certain Employment Agreement. dated the 17th day of February, 1989, and entered into by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, a municipal corporation, hereinafter called "EMPLOYER", and DENNIS W. KELLY, hereinafter called "EMPLOYEE". W I T N E S S E T H: WHEREAS, EMPLOYER and EMPLOYEE are desirous of amending and updating the Employment Agreement dated February 17, 1989. NOW, THEREFORE, in consideration of the premises and of the mutual benefits, promises and agreements herein contained, it is covenanted and agreed as follows: 1. Subsection A of Section 4, Termination and Severance Pay, is hereby amended to read as follows: "Section 9. Termination and Severahce Pay. A. Employer may remove the Employee at any time by a majority vote of the members. In the event the Employee is removed from office by the Employer without good cause during a time that the Employee is willing and able to perform his duties, then, in that event, the Employer shall pay the Employee the following: 1. Accumulated sick leave and accumulated vacation pay; and 2. A lump sum cash payment equal to one (1) month's salary after Employee has served Employer for at least twelve (12) months and shall. pay Employee two (2) months' salary after Employee has served the Village for at least two (2) years, and shall pay Employee three (3) months' salary after Employee has . served Employer for three (3) years or more, with the payment never to exceed three (3) months' salary; and 3. Employer shall maintain at its expense the insurances that cover Employee for the month or months that Employer is obligated to make a lump sum cash payment to Employee. The payments specified above shall relieve Employer of all obligations to Employee. In the event Employee is terminated for good cause or due to the conviction of any illegal act involving personal gain to Employee, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated herein or~to continue insurance coverages on Employee." 2. The first full Paragraph of Section 6, Salary, is hereby amended to read as follows: "Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $75.000.00, payable in installments at the same time as other employees of Employer are paid." 3. Section 7, Performance Evaluation, is hereby amended to read as follows: "Section 7. Performance Evaluation. A. "The Council may review and evaluate the performance of Employee at least once annually during the month of August. Said review and evaluation shall be in accordance With specific criteria developed by Employer, in consultation with employee. Said 2 • criteria may be added to or deleted from as the Council may from time to time determine in consultation with Employee. Further, Employer shall provide Employee with an adequate opportunity for Employee to discuss this evaluation with the Council. B. Annually, prior to April 15, the Council and Employee shall define goals and performance objectives which they determine necessary for the proper operation of Employer, and, in the attainment of the Council's policy objectives, shall further establish a relative priority among those various goals and objectives. These goals and objectives shall be reduced to writing. They shall generally be attainable within the time limitations as specified, if any. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable laws." 9. Section 10, Automobile Allowance, is hereby amended to read as follows: "Section 10. Automobile Allowance. Employer recognizes the necessity of Employee's use of transportation as an integral and critical part of employment and agrees to provide a minimum monthly automobile allowance of $350.00. Employee will be responsible for all payments and incidental costs (i.e., tag, insurance, gasoline, etc.) for the operation of said vehicle. In addition, Employer agrees to reimburse Employee for mileage incurred outside of Palm Beach County in accordance with the Village's Travel Policy with no 3 • reimbursement for mileage incurred inside Palm Beach County." 5. Section 13, Retirement, is hereby amended to read as follows: "Section 13, Retirement. Employer agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corporation ("ICMA-RC") for Employer's continued participation in said ICMA-RC Retirement Plan, and, accordingly, in addition to the base salary paid by Employer to Employee, Employer agrees to pay a percentage of Employee's base salary equal to the percentage budgeted annually for all other employees participating in the General Employees Pension Plan with said percentage paid into the • ICMA-RC on Employee's behalf, in equal proportionate amounts each pay period, and to transfer or retain ownership in accordance with the ICMA-RC Retirement Plan. Employee agrees that he is not a participant in the Village Pension Plan and Employer is not required to make further contributions on Employee's behalf." 6. Subsection A of Section 19, Other Terms and Conditions of Employment, is hereby amended to read as follows: "A. The Council, on consultation with Employee, shall fix any such other terms and Conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the • Village Charter or any other law. Employer and Employee agree that Employee shall furnish the Village Council each fiscal year with a 9 • balanced budget without the use of unappropriated funds." 7. All terms and provisions of the Employment Agreement dated February 17, 1989, between the parties that are not specifically in conflict with this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, parties hereto have hereunto set their hands and seals on the 24th day of APril 1997, VILLAGE OF NORTH PALM BEACH (EMPLOYER) B Its' Mayor (Village Seal) C7 ATTEST: C~7l/~.~ V LLAGE CLERK WITNESSES: ~~ ~ (SEAL) DENNIS W. KELL • 5