R97-182RESOLUTION NO. R97-/~',~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF BULENT KASTERLAK AS
DIRECTOR OF DEVELOPMENT FOR THE CITY OF
BOYNTON BEACH, FLORIDA AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN APPOINTMENT
CONTRACT ON BEHALF OF THE CITY WITH BULENT
KASTERLAK; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of Bulent Kasterlak as Director of Development of the City of Boynton
Beach, Florida; and
WHEREAS, it is the desire of the City Commission to provide certain benefits
and requirements regarding the employment of Bulent Kasterlak' by the City; and
NOW, THEREFORE, BE IT RESOLVED By THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City CommiSsion of the City of Boynton Beach, Florida
does hereby confirm the appointment of BULENT KASTERLAK as Director of
Development of the City of Boynton Beach, Florida and authorizes the City Manager
to execute an Appointment Contract on behalf of the City of Boynton Beach with
Bulent Kasterlak, said Contract being attached hereto as Exhibit "A", and
incorporated herein by reference.
Section 2. This Resolution
passage.
shall become effective immediately upon
PASSED AND ADOPTED this ~Z day of November, 1997.
ATTEST:
CITY OF BOYNTON BEACH~.F. LORIDA
Vic,e/l(/i,~,o r '- -,
Com~,~o.¢ £' ~
Commissioner ~
'Cit~ Clerk
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into
BOYNTON BEACH, Flodda, (the "CITY") by and through
MANAGER") and BULENT KASTARLAK ("KASTARLAK")?
between the CITY OF
its City Manager ("CITY
RECITALS
The CITY and KASTARLAK acknowledge the following premises for this contract:
A. CITY MANAGER is the Chief Executive Officer of the CITY and is
authorized, pursuant to Section 72.1 (b)to appoint individuals in a specialized field.
B. The CITY MANAGER on behalf of the CITY desires to appoint BULENT
KASTARLAK as the Director of Development for the CITY, and KASTARLAK desires to
undertake that appointment.
C. In selecting KASTARLAK to be appointed as Director of Development for
the CITY, the CITY MANAGER has relied on all information and materials appearing on
or furnished in connection with his application for that position, including representations
made in oral interviews. KASTARLAK represents that all such information and materials
are accurate, complete, and authentic and that he is qualified to serve as Director of
Development and that the performance of such duties are specialized in nature.
D. The CITY and KASTARLAK wish to reduce their agreements to wdting in
order to describe their relationship with each other, to provide a basis for effective
communication between them as they fulfill their respective functions in the operation of
the Development Department of the CITY and to enhance administrative stability and
continuity within the Development Department.
E. The position of Director of Development is a contractual appointment by the
CITY MANAGER of an individual in a specialized field and not a civil service position.
The CITY's Civil Service Rules and Regulations are not applicable to KASTARLAK.
F. Nothing herein shall constitute an abridgment of or limitation to the dghts
and powers of the MANAGER to manage the work force of the CITY and to organize,
reorganize, create, or abolish the CITY work rome, including the appointment referenced
herein.
G. Nothing herein shall constitute an abridgment or limitation on the rights and
powers of the CITY Commission to create or alter the work force of the CITY by
appropriation or non-appropriation of funds earmarked for departments, positions, or
appointments.
TERMS. CONDITIONS. AND COVENANTS
Accordingly, on the foregoing premises and in consideration of the mutual
covenants contained in this contract, the CITY and KASTARLAK agree as follows:
ARTICLE
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints KASTARLAK to serve as
Director of Development for the CITY and KASTARLAK hereby accepts that appointment.
1.2 KASTARLAK is an at will employee of the CITY. By acceptance of
this Contract KASTARLAK acknowledges that there has been no representation or
promise, express or implied fixing the term of his appointment.
ARTICLE 2
Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the CITY
MANAGER's responsibilities and direction for the overall operation of the CITY's work
force, KASTARLAK shall:
2.1.1 Serve as the Director of Development of the CITY and shall
perform the job responsibilities as set forth on Exhibit "A";
2.1.2 perform such legally permissible job responsibilities related to the
Development Department of the CITY as assigned by the CITY MANAGER.
2.2 Manner of Performance. Except as otherwise expressly
provided by the contract, Director of Development at all times shall:
2.2.1 devote his time, attention, knowledge, and skill to the
business and interests of the CITY during normal working hours and at City related
events after normal business hours.
2.2.2
perform his duties and obligations faithfully, industriously, and
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__. to the best of his ability.
2.2.3 not engage in conflicting outside employment except with pdor
written disclosure to and wdtten consent of the CITY MANAGER.
2.2.4 keep the CITY MANAGER fully informed in advance of all travel and
activities that take him out of the office for more than a day at a time. All CITY related
travel plans of more than a day at a time must receive pdor written approval of the CITY
MANAGER.
ARTICLE 3
Annual Performance Goals and Evaluation
3.1 The City Manager shall conduct a preliminary performance
evaluation no later than six (6) months from date of employment. In conjunction with the
preliminary evaluation may, but is not required to, authorize a salary increase for
KASTARLAK. In addition to the preliminary performance evaluation, the CITY MANAGER
shall review and evaluate the performance of KASTARLAK at least once annually in
advance of the adoption of the CITY'S annual operating budget. The review and
evaluation shall be in accordance with specific cdteria developed by the MANAGER. The
cdteria may be added to or deleted from as MANAGER may from time to time determine.
Further~ the MANAGER shall provide KASTARLAK with written summary statement of
the evaluation and provide an adequate opportunity for KASTARLAK to discuss his
evaluation with the MANAGER.
No less than annually, the MANAGER and KASTARLAK shall define
such goals and performance objectives that they determine necessary for the proper
operation of the Development Department and shall further establish a relative pdodty
among those various goals and objectives, which shall be reduced to writing. Such goals
and objectives shall be generally attainable within the time limitations as specified in the
annual operating and capital budgets and appropriations provided by the CITY.
3.2 Compensation reviews are not subject to any specific formula
applicable to other CITY personnel. Salary adjustments shall be at the sole discretion of
the CITY MANAGER and are subject to the appropriation of funds by the City
Commission.
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ARTICLE 4
Compensation and Benefits
4.1 Base Salary, The CITY shall pay to KASTARLAK an annual salary
of SEVENTY THOUSAND AND 00/100 ($70,000) DOLLARS, payable in equal
installments at the same intervals as the Cl~'s management personnel are paid.
4.2 Business Expenses~ The CITY shall pay or reimburse
KASTARLAK for business expenses subject to review and approval by the City.
4.3 Automobile. KASTARLAK shall have use of a CITY vehicle during
all work hOurs. KASTARLAK shall not uSe his own vehicle while on CITY business,
except with notice to and consent of the CITY MANAGER.
4.4 Health Insurance. KASTARLAK shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.5 Disability Insurance. KASTARLAK shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.6 Life Insurance'. KASTARLAK shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.7 PARTICIPATION IN RETIREMENT SYSTEM.
CITY and KASTARLAK agree to execute all necessary agreements provided by the
International City Management Association-Retirement Corporation (ICMA-RC) for
KASTARLAK's participation in said ICMA-RC retirement plan, and in addition to the base
salary paid by the CITY to KASTARLAK, CITY agrees to pay an amount equal to
ten(10%) percent of KASTARLAK's base splary, or $7,500.00, whichever is less, into the
ICMA-RC on KASTARLAK's behalf, in equal proportionate amounts each pay period,
and to transfer ownership to succeedingl CITY or KASTARLAK upon KASTARLAK's
resignation or discharge.
4.8 Holidays. KASTARLAK shall be entitled to observe the same paid
legal holidays as non-union employees hired after 10/1/91.
4:9 Vacations. KASTARLAK shall
accrual as non-union employees hired after 10/1/91.
coordinated with and approved by the CITY MANAGER.
be entitled the same vacation
Use of vacation time shall be
4.10 Sick Leave. KASTARLAK shall be entitled to accrue sick leave and
be subject to the same sick leave policies as non-union employees hired after 10/1/91.
4.11 Personal Leave Of Absences: KASTARLAK shall be entitled to
three uncompensated leave periods per year, not to exceed six (6) working days each,
and shall be scheduled by prior written consent of the City Manager.
ARTICLE 5
Indemnification and Reimbursement
5.1
Indemnification. The CITY shall:
5.1.1 defend and indemnify KASTARLAK against all claims and
actions (civil, administrative or criminal), provided the claims or actions are not initiated by
the CITY and arise out of and in the course of the performance of his duties and
responsibilities pursuant to this contract; and
5.1.2 pay any judgment or settlement, if approved by the City
Commission, that may be entered against KASTARLAK in any action referenced in 5.1.1.
provided KASTARLAK was in the course of the performance of his duties and
responsibilities pursuant to this contract, except a judgment based on intentional wrongful
misconduct by KASTARLAK.
5.1.3 CITY reserves the dght to select, appoint, retain, or discharge
legal counsel necessary to provide the defense referenced herein.
ARTICLE 6
Duration of Contract
6.1 KASTARLAK's appointment shall commence on the 7th day of
November, 1997. This appointment has no fixed term and may be terminated as set forth
in Article 7 hereof.
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall .terminate:
7.1.1 at any time by mutual agreement of KASTARLAK and the CITY,
effective no later than 45 calendar days from date of Notice of Unilateral Termination.
7.1.2 upon KASTARLAK's sustained inability for all or substantially all of
180 calendar days in a 190 day period to perform all or substantially all of his duties and
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obligations pursuant to this Contract as a result of physical or mental illness or condition,
which inability shall be verified at the CITY's expense (to the extent not covered 'by
applicable medical insurance maintained by the CITY) by a licensed physician selected
by the CITY;
7.1.3 at any time by the CITY's unilateral termination of
KASTARLAK's Contract for the position, effective no later than 45 calendar days from
date of Notice of Unilateral Termination.
7.1.4
the death of KASTARLAK.
7.1.5 the resignation of KASTARLAK. A resignation shall be
submitted in writing and shall provide for an actual resignation date no later than forty-five
(45) days following the date of notice of resignation.
7.2 Rights and Obligations Upon Unilateral Termination by CITY.
Unilateral termination shall be in wdting, signed by the CITY MANAGER and need not
reflect performance related reasons. If this Contract is terminated by unilateral action by
the CITY MANAGER, KASTARLAK shall be entitled only to:
7.2.1
plus ninety (90) days;
Prorated base salary for the effective date of the termination
7.2.2
to this Contract;
reimbursement for as-yet un-reimbursed expenses pursuant
7.2.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired after 10/1/91;
7.2.4 an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired after 10/1/91.
7.3 Rights and Obligations Upon Termination by Mutual Agreement.
If this Contract terminates upon mutual agreement of the parties, KASTARLAK shall be
entitled to:
7.3.1
base salary accrued to'the agreed date of termination;
7.3.2
to this Contract;
reimbursement for as-yet un-reimbursed expenses pursuant
7.3.3
an amount for accrued and unused vacation leave, not to
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exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired after 10/1/91;
7.3.4 an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired after 10/1/91;
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to KASTARLAK's physical disability or death,
KASTARLAK or his guardian or personal representative shall be entitled only to the
following compensation and benefits:
7.4.1 base salary through the last day that KASTARLAK performed
services to or on behalf of the CITY;
7.4.2
to this Contract;
reimbursement for as-yet un-reimbursed expenses pursuant
7.4.3 an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired after 10/1/91; and
7.4.4 life and/or disability benefits if applicable.
7.5 Rights and Obligations Upon Termination Due to Resignation. If this
Contract terminates due to KASTARLAK's resignation, KAsTARLAK shall be entitled only
to the following compensation and benefits:
7.5.1
base salary through the date of resignation or such other date
as mutually agreed to between KASTARLAK and the CITY
MANAGER;
7.5.2
reimbursement for as-yet un-reimbursed expenses pursuant
to this Contract;
7.5.3
an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by law,
according to the schedule/formula for non-union employees
hired after 10/1/91;
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7.5.4 life and/or disability benefits if applicable.
ARTICLE 8
Modification or Extension of Contract
8.1 Modification and Amendment. No modification of or amendment
to this Contract shall be valid unless reduced to writing and signed
by both parties.
ARTICLE 9
Inapplicability of Collective-Bargaining Agreements
9.1 No collective-bargaining agreement to which the CITY is a party shall
in whole or in part govem, apply to, or be deemed part of or incorporated into this
Contract.
ARTICLE 10
Venue
10.1 Any civil action arising out of this Contract or the non performance or
breach of any covenant contained in it shall be brought only in Palm Beach County,
Florida.
ARTICLE 11
Waiver
11.1 The CITY's or KASTARLAK's waiver of any breach of any term,
condition, or covenant of this Contract shall not constitute the waiver of any other breach
of the same or any other term, condition, or covenant of this Contract.
ARTICLE 12
Applicability to Successors
12.1 This Contract shall be binding on and inure to the benefit of:
12.1.1 KASTARLAK's heirs and personal rePresentatives; and
12.1.2 the CITY regardless of changes in the persons holding office as
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members of the CITY.
ARTICLE 13
Severability of Provisions
13.1 If any provision of this Contract or the application of any provision to
any party or circumstance shall be prohibited by or invalid under applicable law, the
provision shall be ineffective to the extent of such prohibition or invalidity without
invalidating the remaining provisions of this Contract or their application to other parties or
circumstances.
ARTICLE 14
Governing Law
14.1 - This Contract and the terms, conditions, and covenants contained in
it shall be govemed by and construed in accordance with the laws of the State of Florida.
ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CITY and
KASTARLAK. All prior agreements and understandings, whether wdtten or oral,
pertaining to the CITY's appointment of KASTARLAK are fully abrogated and of no further
force and effect from and after the date of this Contract.
15.2 Regardless of which party of party's counsel prepared the original
draft and subsequent revisions of this Contract, KASTARLAK and the CITY and their
respective counsel have had equal opportunity to contribute to and have contributed to its
contents, and this Contract shall not be deemed to be the product of and, therefore,
construed against either of them.
15.3 The omission from this Contract of a term or provision contained in
an eadier draft of the Contract shall have no evidentiary significance regarding the
contractual intent of the parties.
ARTICLE 16
Execution of Contract
16.1
Only one original of this Contract shall be signed by the parties. The
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odginal shall be maintained by the City Clerk. No term, condition, or covenant of this
Contract shall be binding on either party until both parties have signed it.
EXECUTED on the respective dates set forth below.
B U L f:: 1~i--12,A S T~-R i..-A N ......... _ ....... /
CITY OF/BOYNTON BEACH
KERRY WILL~, CITY MA~N-AGER
MAYOR /
Dated: /ol./// ~ '~
Dated: I~g/~/~l?
/ /
[900182.BB~AGMT
\KASTARLAK. EMP]
s:ca\wp~agr~KASTARLAK
Rev. 11/18/97
-10 -
THIS
APPOINTMENT
CONTRACT is entered int~ between the CITY OF
BOYNTON BEACH, Florida, (the "CITY") by a~d through its City
Manager ("CITY MANAGER") and BULENT K~STERLA~(" KAST~.~LAK"). --
/
RECITALS /
/
The CITY and .KASTERLAK acknowledge t~e following premises for
this contract:
A. CITY MANAGER is the Chief
and is authorized, pursuant to
individuals in a specialized field.
Officer of the CITY
Sec ion 72.1(b) to appoint
B. The CITY MANAGER on beh~
appoint BULENT KASTERLAK as the
CITY, and EASTERLAK desires to undertal
of the CITY desires to
or of Development for the
that appointment.
C. In selecting KASTERLAK to ~e appointed as Director of
Development for the CITY, the MANAGER ~as relied on all
information and materials appearing n or furnished in connection
with his application for that posit~ Dn, including representations
made mn oral interviews, represents that all such
information and materials are ?ate, complete, and authentic
and that he is qualified to serve Director of Development and
than the performance of such are specialized in nature.
D. The CITY and KASTERLAK ~ish to reduce their agreements
to writing in order to describ~ their relationship with each
other, to provide a baSis for eff ~tive communication between them
as they fulfill their respective phS in the operation of the
Development Department of the Ci and to enhance administrative
stability and continuity within Development Department.
E. The position of irector of Development is a
contractual appointment by the MANAGER of an individual in a
specialized field and not a service position. The CITY's
Civil Service Rules and R are not applicable to
KASTERLAK. t
F. Nothing herein s~ll constitute an abridgment of or
limitation to the rights an~ powers of the MANAGER to manage the
work force of the CITY an~ to organize, reorganize, create, or
abolish the CITY work force, including the appointment referenced
herein. /
/
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G. Nothing heremn shall ~onstitute an abridgment or
limitation on the rights and of t'he~ CITY Commission to
create or alter the work CITY ~by appropriation or
non-appropriatzon of funds Lrked for departments~, positions,
or appointments.
AND COVENANTS
Accordingly~ on the premises and in consideration
of the in thiS'icontract, the CITY and
KASTERLAK agree as follows:
ARTICLE 1
/
Agr forAppointment
1.1 The CI'TY
serve as Director of
accepts that appointment
hereby appoints KASTERLAK to
lOpment for the CITY and KASTERLAK hereby
1.2 is an at witl employee of the CITY. By
acceptance of this acknowledges that' there has
been no representatio~ or promise, express or implied fixing the
term of his appointme~.
/
ARTICLE
2
Duties a.-~d Obligations
2.1 PrinCipal Duties and Obligations. Subject to the
CITY MANAGER's responsibilities and direction for ~he overall
operation of the CITY's work force, KASTERLAK shall:
2.1. ' the Director of Development of the CITY
and shall perform ob responsibilities as set forth on Exhibit
"A";
2.i.2 / Perform such legally permissible job
responsibilities ~elat!ed to the Development Department of the CITY
as assigned by th~ CITY MANAGER.
2.2
expressly provid~
times shall:
2.2.1
skill solely an¢
CITY during nor~
normal business
~ner of Performance. Except as otherwise
:d by the contract, Director of Development at all
devote all his time, attention, knowledge, and
exclusively to the business and interests of the
~1 working hours and at City related events after
hours.
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2.2.2perform his duti/s and obligations faithfully,
industriously, and to the best o~his ability.
2.2.3 not e~gage /in conflicting outside employment
except with prior written disclosure to and written consent of the
CITY MANAGER.
2.2.4 keep the CITY MANAGER fully informed in
advance of all travel and a~tivities that take him out of the
office for more than a daye~ a time. Ail CITY related travel
plans of more than a day at a time must receive prior written
approval of the CITY MANAGER.
Annual Performa=
3.1 The City
performance evaluation no
~TICLE 3
ce Goals and Evaluation
'er shall conduct a preliminary
than six (6) months from date of
employment. In conjunction ,ith the preliminary evaluation may,
but is not required to, ize a salary increase for KASTERLAK.
In addition to the prelimina performance evaluation, the CITY
MANAGER shall review and eval.ate the performance of KASTERLAK at
least once annually in of the adoption of the CITY'S
annual operating budget, review and evaluation shall be in
accordance with specific criteria developed by the MANAGER. The
criteria may be added to or from as MANAGER may from time
to time determine. Further ~he MANAGER shall provide KASTERLAK
with written summary of the evaluation and provide an
adequate opportunity for to discuss his evaluation with
the MANAGER.
No less than the MANAGER and KASTERLAK
shall define such goals and performance objectives that they
determine necessary for the operation of the Development
Department and shall further ish a relative priority among
those various goals and object' which shall be reduced to
writing. Such goals and object~ shall be generally attainable
within the time limitations as ~pecified in the annual operating
and capital budgets and approprm~tions provided by the CITY.
3.2 Compensation reviews are not subject to any
specific formula applicable to lother CITY personnel. Salary
adjustments shall be at the.sole\discretion of the CITY MANAGER
and are subject to the appropriation of funds by the City
Commission. - ~
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Compensation an~enefits
4.1 Base Salary. The ~IT~ shall pay to KASTERLAK an
annual salary of SEVENTY AND 00/100 ($70,000) DOLLARS,
payable in equal intervals as the CITY's
management personnel are
4.2 Business The CITY shall pay or
reimburse KASTERLAK for subject to review and
approval by the City.
4.3 Automobile. ~STERLAK shall have use of a CITY
vehicle during all work hour~. KASTERLAK shall not use his own
vehicle while on CITY business, except with notice to and consent
of the CITY MANAGER. /
4.4 Health Insurance. ' KASTERLAK shall receive the
same. benefit provided to ~on-union City employees hired after
10/1/91. /
4.5 Disability i nsUrancei. KASTERLAK shall receive the
same benefit provided to non-Union City employees hired after
10/1/91.
4.6 Life Insurance. KASTERLAK shall receive the same
benefit provided to non-un.on City employees hired after 10/1/91.
4.7 Participation in Retirement System. KASTERLAK, if
otherwise eligible, shal~ be enrolled in and shall enjoy all
benefits provided under t~e ICMA Pension Plan.
4.8 Holidays. ~KASTERLAK shall be entitled to observe
the same paid legal holidays as non-union employees hired after
10/1/91.
4.9 Vacations
vacation accrual as non-
of vacation time shall
CITY MANAGER.
4.10 Sick Lear
sick leave and be subjec
union employees hired afl
KASTERJ~AK shall be entitled the same
znion employees hired after 10/1/91. Use
oe coordinated with and approved by the
e. KASTERLAK shall be entitled to accrue
to the same sick leave policies as non-
er 10/1/91.
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~ ARTI.CLE 5
Indemnific ion and Reimbursement
5.1 Indemnificat%on. The CITY shall:
5.1.!defend and ~ndemnify KASTERLAK against all claims
and actions (civil, administrative or criminal), provided the
claims or actions are not ~nitiated by the CITY and arise out of
and in the course of ~he performance of his duties and
responsibilities pursuant t~ this contract; and
5.1.2pay any judgment or settlement, if approved by the
City Commission, that may be entered against KASTERLAK in any
action referenced in 5.1.1. provided ~KASTERLAK was in the course
of the performance of his d'[ties~ and responsibilities pursuant to
this contract, except a j~gment based on intentional wrongful
misconduct by KASTERLAK.
5.1.3CITY reserve
retain, or discharge legal
defense referenced herein.
6.1
the right to select, appoint,
counsel necessary to provide the
ARTICLE 6
Durati¢ of Contract
KASTERLAK's 13 n day of November,
1997. This
appointment has no fixed term ~nd may be terminated as set forth
in Article 7 hereof.
7.1 Events of Termin~ :ion. This Contract shall
terminate:
7.1.1 at any time by'mutual agreement of KASTERLAK
and the CITY;
7..1.2 upon KASTERLAK's\ sustained inability for all
or substantially all of 180 calendar\ days in a 190 day period to
perform all or substantially all of\ his duties and obligations
pursuant to this Contract as a result of physical or mental
~llness or condition, which inabilit~ shall be verified at the
CITY's expense (to the extent not co~ered by applicable medical
insurance maintained by the CITY) by a %icensed physician selected
by the CITY;
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7.1.3at any time by~ the CITY s
of KASTERLAK's Contra~t for th~ position.
!
7.1.4the death of ~STERLAK.
7.1.5the resignati( of
be submitted in Writing and
date no later than fortY-f
notice of resignation.
unilateral termination
A resignation shall
actuat resignation
following the date of
7.2 Rights and
CITY. Unilateral
CITY
this
MANAGER, KASTEi
Terminationby
signed by the
formance related reasons. If
lateral action by the CITY
ed only to:
7.~2.1prorated base
termination plus ninety (90)1
7.2.2reimbursement
pursuant to this Contract;
7.2.3an amount f¢
not to exceed the maximu~
according to the schedule/
after 10/1/91;
7.2.4an amount f¢
to exceed the maximum numbe
to the schedule/formula f
10/1/91.
7.3 Rights and ~
Agreement. If this contract
the parties, KASTERLAK shall
7.3.1base
termination;
salary
7.3.2reimbursement
pursuant to this Contract;
7.3.3an amount for
not to exceed the maximum
according to the schedule/fo:
after 10/1/91;
7.3.4an amount for
to exceed the maximum number
to the schedule/formula
10/1/91;
~ salary for .the effective date of the
days;
for as-yet unzreimbursed expenses
r accrued and unused vacation leave,
number of days permitted by law,
[ormula for non-union employees hired
accrued and unused sick leave, not
rOf days permitted by law, according
non-union employees hired after
ligations Upon Termination by Mutual
terminates upon mutual agreement of
be entitled to:
accrued to the agreed date of
for as-yet un-reimbursed expenses
accrued and unused vacation leave,
~umber of days permitted by law,
nuta for non-union employees hired
:crued and unused sick leave, not
o days permitted by law, according
for non-union employees hired after
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7.4 Rights and ¢ )ligations Upon Termination Due to
Disability or Death. If this Contract terminates due to
KASTERLAK's physical disability or death, KASTERLAK or his
guardian or personal represe~Sative shall be entitled only to the
following compensation and bellefits:
7.4.1base salary t .rough the last day that KASTERLAK
performed services to or on b~ half of the CITY;
7.4.2reimbursement
pursuant to this Contract;
7.4.3an amount for
leave, not to exceed the maxi
according to the schedule/fc
after 10/1/91; and
7.4.41ife and/or dj
7.5 Rights and O2
Resignation. If this Cont~
resignation, KASTERLAK shall
compensation and benefits:
for as-yet un-reimbursed expenses
lccrued and unused sick and vacation
mum number of days permitted by law,
rmula for non-union employees hired
~ability benefits if applicable.
Ligations Upon Termination Due to
act terminates due to KASTERLAK's
be entitled only to the following
7.5.1base salary ti
such other date as mutually~
CITY MANAGER;
7.5.2 reimbursement
pursuant to this Contract;
7.5.3an amount for a,
leave, not to exceed the maximl
according to the schedule/for~
after 10/1/91;
7.5.4life and/or disa
Modification or E
8.1 Modification and
.rough the date of resignation or
greed to between KASTERLAK and the
[or as-yet un-reimbursed expenses
~crued and unused sick and vacation
lm number of days permitted by law,
ula for non-union employees hired
)ility benefits if applicable.
iCLE 8
:tension of Contract
Amendment. No modification of or
amendment to this Contract shi.ll be valid unless reduced to
writing and signed by bOth parti~I.
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9
Inapplicability of Collective-Bargaining Agreements
9.1 No collective- agreement to which the
CITY is a party shall in whot part govern, apply to, or be
deemed part of or incorporated into this Contract.
10.1 Any civil acti(
the nonperformance or breach of
be brought only in Palm Beach
Wa~
11.1 The CITY's or
any term, condition, or
constitute the waiver of any othe~
term, condition, or covenant of ti
~ising out of this Contract or
covenant contained in it shall
Florida.
11
s waiver of any breach of
of this Contract shall not
)reach of the same or any other
Contract.
Applicability
12.1
benefit of:
This Contract shall
12.1.1 KASTERLAK's
representatives; and
Successors
e binding on and inure to the
lheirs and personal
12.1.2 the CITY regardless of changes in the persons .
holding office as members of the CITYt
ARTICLE 13~l
Severability of Pr~visions
13.1 If any Provision of[ this Contract or the
application of any provision to any part~ or circumstance shall be
prohibited by or invalid under appli~abl% law, the provision shall
be ineffective to the' extent oX Such ~rohibition or invalidity
without invalidating the remaining provisions of this Contract or
their application to other parties or cirdumstances.
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14.1 This Contract
covenants contained in it shall
accordance with the laws of the
ARTICLE 14
Goverx~ing Law
Lnd the terms, conditions, and
be governed by and construed in
State of Florida.
ARTICLE 15
ements and Understandings
contains the entire agreement
%/4. Ail prior agreements and
or oral, pertaining to the CITY's
llly abrogated and of no further
~he date of this Contract.
hich party of party's counsel
Integration of All Agr~
15.1 This Contract
between the CITY and KASTERI
understandings, whether written
appointment of KASTERLAK are f
force and effect from and after
15.2 Regardless of
prepared the original draft a~d subsequent revisions of this
Contract, KASTERLAK and the CITYland their respective counsel have
had equal opportunity to contrib%te to and have contributed to its
contents, and this C~ntract shal~ not be deemed to be the product
of and, therefore, construed against either of them.
15.3 The omission fr¢
provision contained in an earlie~
no evidentiary significance reg~
the parties.
ARTI(
Execution
~m this Contract of a term or
draft of the Contract shall have
Lrding the contractual intent of
5E 16
f Contract
16.1 Only one original pf this Contract shall be signed -
by the parties. The original ~all be maintained by the City
Clerk. No .term, condition, or c~enant of this Contract shall be
binding on either party until bot~parties have signed it.
EXECUTED on the respective da~es set forth below.
Dated:
BULENT KASTERLAK
CITY OF BOYNTON BEACH
By:
KERRY WILLIS, CITY MANAGER
Dated:
-9-
By:
MAYOR
[900182.BB\AGMT
\KASTERLAK.EMP]
s:ca\wp~agr~KASTERLAK
\ Dated:
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