Loading...
R00-026RESOLUTION NO. R00-,~'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF KURT BRESSNER 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 KURT BRESSNER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to employ the services of KURT BRESSNER 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 requirements regarding the employment of KURT BRESSNER by the City; and WHEREAS, Kurt Bressner wishes to accept employment as City Manager of City of Boynton Beach, Florida, under the terms and conditions mutually agreed NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby confirm the appointment of KURT BRESSNER, as City Manager of the of Boynton Beach, Florida and directs the Mayor to execute an employment reement on behalf of the City of Boynton Beach with KURT BRESSNER, said reement being attached hereto as Exhibit "A", and incorporated herein by reference. Section2. This Resolution shall become effective immediately upon 3assage. PASSED AND ADOPTED this ~' day of March, 2000. ATTEST: FL,ORIDA Vi~e Mayor ¢ommissionor )22700 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this~/'~ day of March, 2000, by and between the City of Boynton beach, Florida, a municipal corporation, hereinafter called "City" and KURT BRESSNER, pursuant to these terms and conditions: W~q'NE$SETH: WHEREAS, the City desires to employ the services of KURT BRESSNER 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, KURT BRESSNER 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: 1.0 Duties 1.1 City agrees to employ KURT BRESSNER (hereinafter "CITY MANAGER"), 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. 2.0 Salary 2.1 City agrees to pay City Manager for his services rendered an annual salary of ONE HUNDRED FIVE THOUSAND ($105,000.00) DOLLARS payable in equal periodic installments, paid at the same time that other managerial employees of the City are paid. 2.2 The City Commission will periodically review City Manager's performance. The first evaluation shall occur approximately six (6) months from date of employment. The City Commission shall also provide the City Manager with an annual performance evaluation. 3.0 4.0 2.3 In conjunction with any review of performance, the City Commission may increase the 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. 2.4 The City Commission may grant the City Manager a performance bonus, provided the bonus is granted in accordance with Florida Statute 166.021(7). Terms of Employment 3.1 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. 3.2 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Commission to terminate the services of City Manager at any time. 3.3 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager 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. 3.4 The City Manager shall commence work on /~/~/~/-/o ,2000. Termination Conditions and Pay 4.1 This Agreement shall terminate: 4.0.1. at any time by mutual agreement of ClTY MANAGER and the CITY; 4.1.2. upon CITY MANAGER'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 illness or condition. 4.1.3 at any time by either the CITY COMMISSION's unilateral termination of ClTY MANAGER's. 4.1.4 the death of CITY MANAGER. 2 5.0. 4.1.5 the resignation of CITY MANAGER Rights and Obligations Upon Unilateral Termination by C1TY. 5.1 Unilateral termination shall be in writing following a vote by the City Commission and need not reflect performance related reasons. ]:f 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 one hundred eighty three (183) days, calculated as follows: Annual base salary shall be divided by 365 days, and that sum shall be multiplied by 183 days, less customary withholding. 5.1.2. reimbursement for as-yet unreimbursed expenses pursuant to this Contract; 5.1.3. an amount for accrued and unused vacation leave as set forth in Section 6 of this Agreement. 5.1.4. an amount for accrued and unused sick leave, as set forth in Section 6 of this Agreement. 6.0 7.0 Rights and Obligations Upon Termination by Mutual Agreement. 6.1. If this Contract terminates upon mutual agreement of the parties, CI-I'Y MANAGER shall be entitled to: 6.1.1 severance benefits as mutually agreed to in writing by City and City Manager Rights and Obligations Upon Termination Due to Disability or Death. 7.1. If this Contract terminates due to CITY MANAGER's disability or death, CITY MANAGER or his guardian or personal representative shall be entitled to the following compensation and benefits: 0.1.1. disability; base salary to date of death or last day of work if 0.1.2_ reimbursement for as-yet unreimbursed expenses pursuant to this Contract; 8.0, 9.0 0.1.3, 0.1.4, 7,1.5, accrued and unused sick and vacation leave. life and/or disability benefits, if applicable. accrued deferred compensation. Rights and Obligations Upon Termination Due to Resignation. 8.1. If this Contract terminates due to CITY MANAGER's resignation, C1TY MANAGER shall be entitled only to the following compensation and benefits: 8.1.1. base salary through the date of resignation or such other date as mutually agreed to between CI'I'Y MANAGER and the City; 8.1.2. reimbursement for as-yet unreimbursed expenses pursuant to this Contract; 8.1.3. accrued and unused sick and vacation leave 8.1.4 the total accrued deferred compensation as provided herein 8.1.5 continued participation, at Manager's expense, in the City's health insurance program for a period of six (6) months. 8.2. A resignation shall be submitted in writing to the Commission through the City Clerk and shall provide for an actual resignation date no later than thirty (30) days following the date of notice of resignation, or later with the consent of the City Commission. Automobile 9.1. City Manager shall be provided with a late model unmarked vehicle for bUsiness and unrestricted personal use. 9.2. City shall maintain the vehicle and shall provide property damage, personal liability and comprehensive insurance in accordance with current insurance coverage policies of the City. 10.0 Vacation, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Professional/Education Development. 10.1. Except as provided herein, City Manager shall receive the same vacation, sick leave, dental, health, disability, hospitalization and life insurance benefits as are granted to other managerial non-union- employees of the City. 10.2. City Manager shall receive fifteen (15) vacation days upon commencement of employment. Thereafter he shall accumulate vacation leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused vacation leave on termination based on the standard for full-time employees of the City hired before October 1, 1991 10.3. City Manager shall be credited with twenty (20) sick leave days upon commencement of employment. Thereafter he shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired before October 1, 1991; provided however, that such payment shall not include the 20 sick days leave credited to the City Manager at the commencement of employment. 10.4. 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 7.5% percent of City Manager's base salary, or $7,500, annually, 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. 10.5. The City agrees to budget and to pay for the registration, travel and subsistence expenses of the City Manager for professional and official travel and meetings to continue the professional development of the City Manager and to pursue necessary official and other functions for the City including but not limited to his attendance at the Annual Conference of the International City/County Management Association, and conferences and meetings sponsored by the National League of Cities, Florida City/County Management Association, the Innovation Groups and such other national, regional, state, and local organizations and committees S 11.0 12.0 13.0 which the City Manager of the City is a member and as the City may designate. 10.6. City also agrees to budget and pay for the registration, travel and subsistence expenses of the City Manager for short courses, institutes, and seminars that are necessary for this professional development and the good of the City. 10.7. The City agrees to budget and to pay for the professional dues and subscriptions of City Manager 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, including but not limited to 1CMA, FCCMA, PBCCMA, Innovation Groups (OG), National League of Cities (NLC), National Civic League (NCL), Association for Quality and ParticipaUon (AQP). Teaching and Consulting Work 11.1. While the City Manager's service to the City shall be rendered on a. full-time exclusive basis during his employment, the City Manager may undertake occasional teaching, speaking, writing or consulting performed during the City Manager's free time after normal City office hours and when the City Manager is not to be in attendance at City Meetings as City Manager where City business is discussed. 11.2. On rare occasion and provided there is not interference with the carrying out of the City Manager's duUes and responsibilities to the City, the City Manager may perform occasional teaching or speaking during normal City officer hours, provided that such performance shall in no way interfere with the carrying out of the City Manager's duties and responsibilities to the City. Business Expenses 12.1. City agrees to reimburse City Manager for all business-related expenses upon presentation to the Finance Director of duly executed expense vouchers, recepts, statement or personal affidavits. Indemnification 13.1. 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 14.0 15.0 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. 13.2 City reserves the right to select, appoint, retain, and discharge legal counsel necessary to provide the foregoing defense. Bonding 14.1. City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Other Terms and Conditions of Employment 15.1. The Commission, in consultation with the City Manager shall fix such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law. 15.2 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-union employees of the City. 15.3. The parties agree that there are no established hours of work for the City Manager. The City Manager shall dedicate himself to the tasks necessary to effectively and efficiently manage the affairs of the City. The City Manager may adjust his regular work schedule to balance the demands of extended business days and night meetings, upon reasonable notice to the City Commission. 15.4. City Manager agrees to move into the City of Boynton Beach within six (6) months from the date of actual employment date. City agrees to reimburse the City Manager for his moving expenses, up to a maximum of four thousand ($4,000,00) dollars. City Manager shall obtain three quotes for moving expenses. 15.5 The City will provide the City Manager with computer equipment suitable for on and off site use. 7 16.0 Binding Effect 16.1 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 the date it is last signed by either the City or the City Manager.. 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 ~'v,~r ~-r,-~'~-~ has signed and executed this Agreement. Witness ~/~"" ~ Witness CITY OF BOYNTON BEACH, FLORIDA Witness //' Witness ~) . .1 a(m~es ;k.l~Ch ;r~, CC~Atto r ney S:ca\agr\manager 030600 Kurt Bressner Dated: '~' ~' ~ iD , ~\\\\\\~,i.1 ! I f I l/lit /1111111 lt~x~ STATE OF FLORZDA COUNTY OF PALM BEACH CTTY OF BOYNTON BEACH OATH OF LOYALTY I, /~T" ~-~~_~4/~ , a citizen of the State of Florida and of the United States of America, and being employed by, or an officer of the C1TY OF BOYNTON BEACH, and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that T will support the Constitution of the United States and of the State of Florida. Signature Department Subscribed and sworn to before me this '~' day of ,/~'/,,¢,'~/'/ ,2000. City Clerk S:\CC~WP\General [nfo\oath of loyalty deputy derk signature.doc