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R00-171RESOLUTION NO. R00-/7/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING THE APPOINTMENT OF KURT BRESSNER AS CITY MANAGER OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH KURT BRESSNER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 7, 2000, the City Commission entered into an Employment Agreement with Kurt Bressner, appointing him the City Manager of the City of Boynton Beach; and WHEREAS, on October 17, 2000, the City Commission conducted a six (6) month performance review of the City Manager and unanimously reaffirmed his appointment as the City Manager; and WHEREAS, upon reaffirmation, it is the desire of the City Commission to amend the March 7, 2000, Employment Agreement to provide certain benefit enhancements to Mr. Bressner. 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 reaffirm the appointment of Mr. Bressner as City Manager of the City of Boynton Beach, Florida and directs the Mayor and City Clerk to execute an amendment to the March 7, 2000, Employment Agreement on behalf of the City of Boynton Beach with Mr. Bressner, said Amendment to Employment Agreement being attached hereto as Exhibit "A", and incorporated herein by reference. 022700 Section 2. passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this ~ day of December, 2000. Vice Mayor ATTEST: Mayor Pro Tem Co ~ - A Coh~sioner -- 022700 AMENDMENTTO EMPLOYMENT AGREEMENT WHEREAS, the City Commission conducted a six-month performance review of the City Manager on October :17, 2000, and unanimously reaffirmed the appointment of Kurt Bressner as City Manager of the City of Boynton Beach; and WHEREAS, it is the desire of the City Commissioners, hereinalter called "Commission" to provide certain benefit enhancements to the Employment Agreement entered into between the City and Kurt Bressner, and dated March 7, 2000; NOW, THEREFORE, City and City Manager agree as follows: :1. That Paragraph 5.0 Rights and Obligations Upon Unilateral Termination by City is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 5.1. Unilateral termination shall be in writing following a vote by the City Commission and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the City, City Manager shall be entitled to: 5.1.1, prorated base salary paid in a lump sum for the effective date of the termination plus cnc ~''~ --~, ~-~ f~ oo~ ~r~ three hundred sixty-five (365) days, calculated as follows: Annual base salary shall be divided by 365 days, and that sum shall be multiplied by !83 365 days, less customary withholding. 5.1.5 continued group medical health coveraqe for the employee and dependents for the same number of days set forth in 5.:1.1 above, subject to the usual and customary deductions and co-pay provisions in effect as of the date of termination. .2. That 10.0 Vacation, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Professional/Education Development, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: :10.4. City and City Manager agree to execute all necessary agreements provided by the International City Management Association-Retirement March effect, Corporation (ICMA-RC) for City Manager's participation in said ICMAIRC retirement plan, and in addition to the base salary paid by the City to City Manager, City agrees to pay an amount equal to 7..5% percent of City Manager's base salary, or $7,500 $8,000, annually, whichever is less, into the IGMA-RC on City Manager's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding City or the City Manager upon City Manager's resignation or discharge. Each and every other paragraph of said Employment Agreement dated 7, 2000, not specifically herein amended shall remain in full force and 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 on the day of November, 2000, Wit~ss / CITY OF BOYNTON BEACH, FLOI~DA Witness Dated: ~"~g ,~ ~.~m~m ~itl~ess Witness Kurt Bressner Dated:~"~c;, ~z, ~O00 Approved as to Form: James A. Cherof, City'Attorney S:ca\agr\rnanager Amd11~.600 2 Requested City Commission Meeting Dates [] November 21,2000 [] December 5, 2000 [] D~cember 19, 2000 [] January 2, 2001 V-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Comm/ssion Meeting Date~ [] January 16,200I [] February 6, 2001 [] Febraary 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,200I (5:00 p.m.) NATURE OF AGENDA ITEM [] Admini~txative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unrra/shed Business [] Announcement [] Presentation RECOMMENDATION: On March 7, 2000, the City Commission entered into an employment contract with Kurt Bressfler appointing him as the City Manager. On October 17, 2000, the City Commission conducted a six (6) month performance review of the City Manager and unanimously reaffirmed his appointment. EXPLANATION: Following the reaffirmation of Mr. Bressner's appointment, the City Commission approved certaih benefit enhancements to the March 7, 2000, Employment Agreement. Staff has prepared an amendment to the March 7, 2000, Employment Agreement to reflect benefit enhancements approved by the City Commission. That Amendment is attached to this Agenda Item Request Form. PROGRAM IMPACT: N/A FIscAL IMPACT: N/A ALTERNATIVES: Department Head's Signature Department Name · ~ty Manager's Signature City Attorney / Finance / Huma~ ~s~nfiCces S:kBULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC