R97-035RESOLUTION NO. R97-,.~,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF KERRY WILLIS AS CITY
MANAGER OF THE CITY OF BOYNTON BEACH,
FLORIDA AND AUTHORIZING AND DIRECTING THE
MAYOR TO ENTER INTO AN EMPLOYMENT
AGREEMENT ON BEHALF OF THE CITY WITH KERRY
WILLIS, AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, the City desires to employ the services of Kerry Willis 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 Commission to provide certain benefits
and requirements regarding the employment of Kerry Willis by the City; and
WHEREAS, Kerry Willis 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 BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby confirm the appointment of KERRY WILLIS, as City Manager of the
City of Boynton Beach, Florida and directs the Mayor to execute an employment
agreement on behalf of the City of Boynton Beach with Kerry Willis, said Agreement
being attached hereto as Exhibit "A", and incorporated herein by reference.
Willis. Agr
2/26/97
Section 2
passage.
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this ~ day of February, 1997.
CITY O~F BOY~N~N BEACH, FLORIDA
Mayor
VJ~ce Ma,V'or ,// ~' ~,'
C~or~missioner
Commissioner
ATTEST:
Cit~Clerk
C(
Willis.Agr
2/26/97
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2-z~ day of February,
1997, by and between the City of Boynton beach, Florida, a municipal
corporation, hereinafter called "City" and Kerry Willis, hereinafter called "City
Manager"i pursuant to these terms and conditions:
WITNESSETH:
WHEREAS, the City desires to employ the services of Kerry Willis 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 the said City Manager by the City; and
WHEREAS, City Manager wishes to accept employment as City Manager
of said City under the terms and conditions recited herein.
NOW, THEREFORE, City and City Manager agree as follows:
Section 1. Duties
City agrees to employ Kerry Willis 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 City Manager for her services rendered an annual
salary of Eighty Five Thousand Dollars ($85,000.00) payable in installments at
the same time that other managerial employees of the City are paid.
The City may periodically review City Manager's performance, but in no
event less than six (6) months from date of employment and annually thereafter.
In conjunction with any review of performance, the City Commission may
increase said base salary and/or other benefits of City Manager in such amounts
and to such extent as the City Commission may determine on the basis of any
such performance review of said City Manager.
Willis.Agr
2/26/97
Section 3.
Terms of Employment
A. In accordance with ArtiCle IV. Section 49 of the City Charter, the
City Manager serves at the pleasure of the City Commission and the City
Manager's term of employment is not for a fixed term.
B. Nothin
with the right of the
at any time.
3er
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of the City Manager to resign at any time from her 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 City Manager is terminated by the City Commission by
receipt and acknowledgment of written notice and concurrently while City
Manager is willing and able to perform the duties of City Manager, in such event,
the City agrees to pay City Manager a lump sum cash payment equal to six (6)
months aggregate base salary.
B. In the event City Manager voluntarily resigns her position then City
Manager shall give City a minimum one (1) month notice in advance, unless the
parties otherwise agree. In the event of a voluntary resignation by the City
Manager, no aggregate severance pay shall be paid.
C. In the event City Manager is terminated because of her conviction
of any felonious act, then, in that event, the City shall have no obligation to pay
the aggregate severance sum.
Section 5. Automobile
City Manager shall be paid $400.00 per month car allowance.
Section 6.
Insurance.
Vacation, Sick Leave, Disability, Dental, Health and Life
City Manager shall receive the same vacation, sick leave, dental, health,
hospitalization and life insurance benefits as are granted to other managerial
non-union employees of the City.
Section 7. Retirement
City and City Manager agree to execute all necessary agreements
provided by the International City Management Association-Retirement
Corporation (ICMA-RC) for City Manager's participation in said ICMA-RC
retirement plan, and in addition to the base salary paid by the City to City
Manager, City agrees to pay an amount equal to Ten (10%) percent of City
Manager's base salary, or $7,500.00, whicheVer is less, into the ICMA-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.
Section 8. Dues and Subscriptions
The City agrees to budget and to pay for the professional dues and
subscriptions of City Manager necessary for her continuation and full
participation in national, regional, state and local associations and organizations
necessary and desirable for her continued professional participation, growth and
advancement, and for the good of the City, including but not limited to, Florida
Bar dues, ICMA, FCCMA and PBCCMA.
Section 9. Professional/Educational Development
City agrees to budget and to pay the cost of registration, travel and
subsistence expenses to City Manager for attending conferences, training,
education programs and meetings which serve to continue the professional
educational development of City Manager; 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 10. Business Expenses
City agrees to reimburse City Manager for all business-related expenses
upon presentation to the Finance Director of duly executed expense vouchers,
receipts, statements or personal affidavits.
Section 11. Indemnification
City shall defend, save harmless and indemnify City Manager 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 City Manager's duties as City Manager. City shall either
compromise and settle any claim or suit or pay the amount of any settlement or
judgment rendered thereon, if not compromised and settled.
Section 12. Bondin,q
City shall bear the full cost of any fidelity or other bonds required of the
City Manager under any law or ordinance.
Section 13.
A. The Commission
other terms a
relating
are not inconsistent with or in
City Charter or any other law.
~uch
ns
provisions ,of the Agreement; the
B. In addition to the benefits cited in this Agreement, City agrees to
provide City Manager with any and all benefits that apply to other managerial
non-un~on employees of the City.
C. City Manager shall b entitled to receive the same vacation and
sick leave benefits as are affo including provisions
governing accrual and payment of employment based on
her original employment date with the City.
D. City shall
normal duties as com
upon reasonable
provide City Manager with reasonable time off from
~ hours and evening meetings,
E. City
six (6) months from
her moving expenses, in the amount
move into the City of Boynton Beach within
date, and City agrees to fund
.~ Thousand Dollars ($1,000.00).
Section 14. Binding Effect
This Agreement shall be binding on the City and City Manager and the
successors, 'assigns, and heirs of each respectively. The effective date of this
Agreement shall be March 3, 1997.
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 Kerry Willis has signed and executed this
Agreement.
Witness
Witness
Appr '~d as ~o/Form:
James A. Cherol~,'~ity Attorney
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City'Clerk
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