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