89-VVVA RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO ENTER iNTO AN
EMPLOYMENT AGREEMENT ON BEHALF OF THE
CITY WITH J. SCOTT MILLER, TO PERFORM
THE DUTIES OF cITY MANAGER FOR THE CITY
OF BOYNTON BEACH; STATING AN EFFECTIVE
DATE, AND FOR OTHER PURPOSES.
WHEREAS, the City desires to employ the services of J.
Scott Miller as City Manager of the City of Boynton Beach,
Florida, as provided in Article IV, Section 49 of the City
Charter of Boynton Beach, Florida, and
WHEREAS, it is the desire of the City Commissioners to
provide certain benefits and requirements regarding the
employment of J. Scott Miller by the City, and
WHEREAS, J. Scott Miller wishes to accept employment as
City Manager of the City of Boynton Beach, Florida, under
the terms and conditions mutually agreed upon,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOlqTINDN BEACH, FLORIDA AS FOLLOWS:
Section 1. The Mayor is hereby authoriZed and
directed to sign on behalf of the City of Boynton Beach said
employment contract attached hereto as Exhibit "A" and
incorporated herein by reference. Said Contract stating the
terms and conditions of employment of J. Scott Miller as
City Manager of this City.
Section 2. That this Resolution shall become
effectiVe immediately, with J. Scott Miller taking over the
duties of the City Manager of the City of Boynton Beach,
Florida on January 2, 1990.
PASSED AND ADOPTED this /~ day December, 1989.
CITY , FLORIDA
Vice Mayor
Commissioner
ATTEST:
fCi~ Clerk (~p~7~z
(Corporate Seal
Commissioner
EMPLOYMENT CONTRACT
THIS AGREEMENT, made and entered into this 19th day of
December, 1989, by and between the City of Boynton Beach,
Florida, a municipal corporation, hereinafter called "City",
and J. Scott Miller, hereinafter called "Employee", pursuant
to these terms and conditions:
WITNESSETH:
WHEREAS, the City desires to employ the services of J.
Scott Miller as City Manager of the City of Boynton Beach,
Florida, as provided by Article IV, Section 49 of the City
Charter of Boynton Beach, Florida; and
WHEREAS, it is the desire of the City Commissioners,
hereinafter called "Commission" to provide certain benefits,
and requirements regarding the employment of said employee
by the City; and
WHEREAS, Employee wishes to accept employment as City
Manager of said City under the terms and conditions recited
herein.
NOW, THEREFORE, City and Employee agree to the
following:
Section 1. Duties
City agrees to employ J. Scott Miller as City Manager
of the City of Boynton Beach, Florida, to perform the
functions and duties specified in Article IV, Section 49, of
the City Charter and by City Code, and to perform other
legally permissible and proper duties and functions as the
Commission shall from time to time assign.
Section 2. Salary
City agrees to pay employee for his services rendered
an annual base salary of Seventy Thousand Dollars
($70,000.00) payable in installments at the same time as
other employees of the City are paid.
In addition, City agrees to increase said base salary
and/or other benefits of Employee in such amounts and to
such extent as the City Commission may determine on the
basis of an annual salary/performance review of said
Employee. Said review shall be made at the same time as
similar consideration is given other employees generally.
Section 3.
Terms of Employment
A. Employee's term of employment shall be indefinite.
B. Nothing in this agreement shall prevent, limit, or
otherwise interfere with the right of the City Commission to
terminate the services of Employee at any time, subject only
to the provisions set forth in Section 4, paragraph A of
this agreement.
C. Nothing in this agreement shall prevent, limit, or
otherwise interfere with the right of the Employee to resign
at any time from his position with the City, subject only to
the provisions set forth in Section 4, paragraph B of this
agreement.
Section 4.
Termination Conditions and Pay
A. In the event Employee is terminated by the City
Commission either by receipt and acknowledgement of written
notice and concurrently while Employee is willing and able
to perform the duties of City Manager, in such event, the
City agrees to pay Employee a lump sum cash payment equal to
four (4) months aggregate salary.
B. In the event Employee voluntarily resigns his
position then Employee shall give City a minimum of one (1)
month notice in advance, unless the parties otherwise agree.
C. In the event Employee is terminated because of his
conviction of any felonious act, then, in that event, the
City shall have no obligation to pay thin-'aggregate severance
sum.
Section 5.
Automobile
Employee shall be provided with $350.00 per month car
allowance.
Section 6.
Vacation Leave
Employee shall receive and accrue vacation leave hours
at the same rate as other employees of the City. Employee
shall receive one hundred twenty (120) hours of vacation
leave upon employment with the City.
Section 7.
Sick Leave
Employee shall receive and accrue sick leave hours at
the same rate as other employees of the City. Employee
shall receive ninety-six (96) hours of sick leave upon
employment with the City.
Section 8.
Disability, Dental, Health and Life
Insurance
Employee shall receive the same dental, health,
hospitalization and life insurance benefits as are granted
to other employees of the City.
Section 9.
Retirement
City agrees to execute all necessary agreements
provided by the International City Management
Association-Retirement Corporation (ICMA-RC) for City's
participation in said ICMA-RC retirement plan and, in
addition to the base salary paid by the City to Employee,
City agrees to pay an amount equal to Ten (10%) percent of
Employee's base salary into the ICMA-RC on Employee's
behalf, in equal proportionate amounts each pay period, and
to transfer ownership to succeeding City upon Employee's
resignation or discharge.
Section 10.
Dues and Subscriptions
The City agrees to budget and to pay for the
professional dues and subscriptions of Employee necessary
for his continuation and full participation in national,
regional, state and local associations and organizations
necessary and desirable for his continued professional
participation, growth and advancement, and-for the good of
the City.
Section 11.
Professional/Educational Development
City agrees to budget and to pay the cost of
registration, travel and subsistence expenses to Employee
for attending conferences, training, education programs and
meetings which serve to continue the professional
educational development of Employee; including but not
limited to the Annual Conference of the International City
Management Association, Florida Pre-Legislative Session and
Florida League of Cities Conference.
Section 12. Business Expenses
City agrees to reimburse Employee for all
business-related expenses upon presentation to the Finance
Director of duly executed expense of petty cash vouchers,
receipts, statement or personal affidavits.
Section 13.
Civic Club Membership
City recognizes the desirability of representation in
and before local civic and other organizations, and Employee
is authorized to become a member of such civic clubs or
organizations, as City shall approve for which City shall
pay all expenses.
Employee shall report to the City on each membership
that he has taken out at City's expense.
Section 14.
Indemnification
City shall defend, save harmless and indemnify Employee
against any tort, professional liability claim or demand or
other legal action, whether groundless or otherwise, arising
out of an alleged act or omission occurring in the
performance of Employee's duties as City Manager. City
shall compromise and settle any claim or suit and pay the
amount of any settlement or judgment rendered thereon.
Section 15.
Bondinq
City shall bear the full cost of any fidelity or other
bonds required of the Employee under any law or ordinance.
Section 16. Other Terms and Conditions of Employment
A. The Commission, in consultation with the Manager
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-t~rms and conditions
are not inconsistent with or in conflict with the provisions
of the agreement, the City Charter or any other law.
B. In addition to the benefits cited herein this
Agreement, City agrees to provide Employee with any and all
benefits that apply to other employees of the City.
C. Employee shall be entitled to receive the same
vacation and sick leave benefits as are afforded Department
Heads, including provisions governing accrual and payment
therefor on termination of employment.
D. City shall provide Employee with reasonable time
off from normal duties as compensation for extended office
hours and evening meetings, upon reasonable notice to City
Commission.
E. EmploYee agrees to move into the City of Boynton
Beach within six (6) months from the date of actual
employment date.
Section 17. Binding Effect
This Agreement shall be binding of the City and
Employee and the successors, assigns and heirs of each
respectively.
IN WITNESS WHEREOF, the City of Boynton Beach, Florida,
has caused this Agreement to be signed and executed in its
behalf by its Mayor and duly attested to by its City Clerk,
and J. Scott Miller has signed and executed this Agreement.
CITY OF BOYNTON BEACH
FLORIDA
Bo Olenik, Jr.,~
Vice Mayor ~
Scott Miller,
~City Manager
Attest:
Betty S.~oroni, City Clerk