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R94-80RESOLUTION NO. .R94-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF CARRIE PARKER 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 CARRIE PARKER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to employ the services of Carrie Parker 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 Carrie Parker by the City; and WHEREAS, Carrie Parker 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 CARRIE PARKER, 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 Carrie Parker, said Agreement being attached hereto as Exhibit "A" and incorporated herein by reference. Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this ~ day of ~F , 1994. ATTE ST: City Clerk OF BOY~ON BEACH, FLORIDA ~ayo~,~ .~e Mayor~--~/ Ma~or Pro Commis ~r~ Authsig. WP5 City/Mgr. 4/27/94 EMPLOYMENT CONTRACT THIS AGREEMENT, made and entered into this 3rd day of May, 1994 by and between the City of Boynton Beach, Florida, a municipal corporation, hereinafter called "City", and Carrie A. Parker, hereinafter called "Employee", pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City desires to employ the services of Carrie A. Parker 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 Carrie A. Parker 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 her services rendered an annual base salary of' Seventy Four Thousand Dollars ($74,000.00) payable in installments at the same time as other employees of the City are paid. The City may review her performance after six (6) months from date of employment and annually thereafter. 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 such performance review of said Employee. 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 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 1 and acknowledgement able to perform the duties of ( a lump sum cash l the City COmmission either by receipt ' while Employee is willing and the City agrees to pay Employee iregate salary. B. In the event Er~ give City a minimum of one (1) agree. resigns her position then Employee shall n advance, unless the parties otherwise C. In the event Employee 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 Employee shall be provided with $350.00 per month car allowance. Section 6. Vacation Leave Employee shall carry forward any vacation leaVe balance earned to date and continue to accrue in the current manner and receive vacation leave hours based on her years of service from her original employment date with the City. Section 7. Sick Leave Employee shall carry forward any sick leave balance earned to date and continue to accrue in the current manner and receive sick leave hours based on her years of service from her original employment date with the City. Section 8. Disability, Dental, Health and Life Insurance Employee shall receive the same dental, health, hospitalization and life insbrance benefits as are granted to other employees of the City. -2- 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 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. 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 vouchers, receipts, statement ,or personal affidavits. Section 13. 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 judgement rendered thereon. Section 14. Bonding City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. -3- Section 15. 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 terms and cOnditions are not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law. B. to 'provide C. Employee shall be entitled to receive the same vacation and sick leave benefits as are affor¢ uding provisions and payment therefor on termination 'o' ment: based date with the City~ com to City Commission. )loyee with reasonable :time' off from normal duties as E. EmplOyee agrees to move into the City of Boynton Beach within six (6) months from the date r0f actual employment date, and City agrees to reimburse actual moving expenses, not to exceed One Thousand Dollars ($1 ;000.00) Section 16. Bindinq Effect This Agreement shall be binding ofthe City and Employee and the successors, assigns and heirs of each respectively. The effective date of this agreement shall be May 12, 1994. -4- 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 Carrie A. Parker has s~gned and executed this Agreement. CITY OF BOYNTON BEACH FLORIDA Witness Witness Edward Harmening, Mayor Witness Carrie A. Parker, City Manager Approved as to form: James Cherof, City Attorney Attest: Suzanne Kruse, City Clerk -5- EMPLOYMENTCONTRACT THIS AGREEMENT, made and entered into this 3rd day of May, 1994 by and between the City of Boynton Beach, Florida, a municipal corporation, hereinafter called "City", and Carrie A. Parker, hereinafter called "Employee", pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City desires to employ the services of Carrie A. Parker as City Manager of the City of Boynton Beach, Flodda, 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 Carrie A. Parker 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 her services rendered an annual base salary of Seventy Four Thousand Dollars ($74,000.00) payable in installments at the same time as other employees of the City are paid. The City may review her performance after six (6) months from date of employment and annually thereafter. 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 such performance review of said Employee. 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 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 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 her 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 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 Employee shall be provided with $350.00 per month car allowance. Section 6. Vacation Leave Employee shall carry forward any vacation leave balance earned to date and continue to accrue in the current manner and receive vacation leave hours based on her years of service from her odginal employment date with the City. Section 7. Sick Leave Employee shall carry forward any sick leave balance earned to date and continue to accrue in the current manner and receive sick leave hours based on her years of service from her original employment date with the City. Section 8. Disability_. Dental, Health and Life Insurance Employee shall receive the same dental, health, hospitalization and life ins~Jrance benefits as are granted to other employees of the City. -2- 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 Em ployee 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. 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 Expense~ City agrees to reimburse Employee for all business-related expenses upon presentation to the Finance Director of duly executed expense vouchers, receipts, statement or personal affidavits. Section 13. 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 judgement rendered thereon. Section 14. Bon.~ City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. -3- Section 15...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 terms 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 based on her original employment date with the City. 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, and City agrees to reimburse actual moving expenses, not to exceed One Thousand Dollars ($1,000.00) Section 16. ~ This Agreement shall be binding of the City and Employee and the successors, assigns and heirs of each respectively. The effective date of this agreement shall be May 12, 1994. -4- IN WITNESS WHEREOF, the City of Boypton 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 Carrie A. Parker has signed and executed this Agreement. Witness y CITY OF BOYNTON BEACH FLORIDA Carrie A. Parker, City Manager Attest: -5-