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R91-060RESOLUTION NO. R91-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND ROBERT HAGEL; A COPY OF SAID EMPLOYMENT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board (BOARD) is desirous of @mploying Robert Hagel (HAGEL) as the Executive Director for the BOARD'S operation of the South Central Regional Wastewater Treatment and Disposal plant facility; and WHEREAS, HAGEL is desirous of accepting such employment ms Executive Director on the terms and conditions set forth in said Employment Agreement, attached hereto as Exhibit 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 hereby authorizes the Mayor and City Clerk to execute an Employment Agreement between the South Central Regional Wastewater Treatment and Disposal Board and Robert Hagel, said Agreement being attached hereto as Exhibit "A" and made a part hereof. Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this ~ day of April, 19'91. CITY OF BOYNTON BEACH, FLORIDA M~yor ATTEST: ( Co~por~te Seal~ / Tice M~yor Commissioner EMPLOYMENT AGREEMENT AGREEMENT d~ted the ~ day of between the SOUTH CENTRAL REGIONAL DISPOSAL BOARD, hereinafter called the hereinafter called "HAGEL". WASTEWATER TREATMENT AND "BOARD", and ROBERT HAGEL, WI TNE S S E TH: WHEREAS, the BOARD is desirous of employing HAGEL as the Executive Director for the BOARD'S operation of the South Central Regional Wastewater Treatment and Disposal plant facility; and WHEREAS, HAGEL is desirous of accepting such employment as Executive Director on the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. EMPLO1-MENT. The BOARD hereby employs HAGEL as the Executive Director of the BOARD, and HAGEL accepts such employment and agrees to carry out the duties, functions, and obligations of the Executive Director as s~t forth in that certain Interlocal Agreement entered into between the City of Delray Beach and the City of Boynton Beach, Florida, dated December 26, 1974, and all amendments thereto and, and duties as HAGEL accepts of the BOARD, a permanent employee and not expressly agree that HAGEL further to carry out such other functions the BOARD shall from time to time direct. Although the tenure of this employment to be at the pleasure it is the BOARD'S intent that HAGEL is being hired as a temporary employee. The parties shall until September 1, 1991 be entitled to return to St. Louis no more than three (3) days per month to monitor the disposition.of his current business interest. HAGEL agrees to provide additional hours of service for the Board during evenings or weekends during said period to compensate for the business day which he is required to be in St. Louis. 2. TERM. The term of employment of HAGEL by the BOARD shall commence full time, effective Nay 15, 1991 and shall continu~ until terminated by either party. 3. COMPENSATION AND PERFORMANCE REVIEW. A. The BOARD shall pay to HAGEL an annual salar~ of Sixty Thousand Dollars ($60,000.00) ("~nnual base salary"), plus the same cost of living adjustment as approved from time to time by the BOARD for its general employees. The cost of living adjustment, if and when approved, shall become effective at the same time as for the general employees of the BOARD. HAGEL'S compensation shall be paid in weekly installments. B. The BOARD agrees to provide HAGEL a compensation and performance review at the Apr~l quarter-annual meeting of each year during the term of this Employment Agreement. The BOARD shall review and evaluate the performance of HAGEL and consider appropriate merit increases to HAGEL'S salary at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by the BOARD and HAGEL subsequent to the execution of this Employment Agreement. Said criteria may be added to or deleted from as the BOARD may from time to time determine, in consultation with HAGEL. Furthermore, the BOARD shall provide HAGEL with a summary w~itten statement of the findings of the BOARD a~d provide-an adequate opportunity for HAGEL to discuss his evaluation with the BO~RD, either individually or as a body. 4. AUTOMOBILE ALLOWANCE. The BOARD currently leases an automobile which has been utilized b~ the Acting Executive Director. The BOARD agrees to provide HAGEL with the current or a similar automobile for business use only provided however, that HAGEL shall be entitled to utilize the said vehicle for commuting between home and work. The BOARD agrees to pay all operating and maintenance expenses of said vehicle including the insurance therefor. HAGEL agrees that said vehicle shall not be used for personal or private purposes. 5. RETIREMENT PLAN. The BOARD agrees to allow ~LAGEL to participate in the BOARD's retirement program being currently administered by Sun Bank Pension Fund. The ra~es of contribution, as a percentage of HAGEL's base salary as set forth in paragraph 3. A. above, shall be at the ~rate of six percent (6%) employee contribution and ten percent (10%) employer contribution. 6. INSURANCE (DISABILITY, MEDICAL, DENTAL, AND LIFE). The BOARD agrees to provide HAGEL with such medical, disability, dental, life and other insurance as are provided the general employees of the BOARD from time to time. 7. VACATION AND SICK LEAVE.. A. HAGEL shall accrue vacation time at a rate provided to BOARD employees pursuan~ to the prevailing personnel policy as in effect from time to time during the term of this Agreement. HAGEL shall give the Chairman of the BOARD reasonable notice of his intended vacation time. Notwithstanding any provision hereof to the contrary, the parties hereby agree that the maximum accrual of vacation for which HAGEL shall be entitled to compensation upon termination of this Agreement shall be twenty (20) days. B. HAGEL shall be entitled to the same sick leave as granted from time to time the general BOARD employees pursuant to the BOARD'S personnel policy, including any limitations on maximum accrual. 8. HOLIDAYS. HAGEL shall be entitled to the same holidays as are provided to the other general employees of the BOARD. 9. PROFESSIONAL DEVELOPMENT. A. The BOARD agrees to budget for and pay the reasonable and necessary travel and subsistence expenses of HAGEL for professional and office travel, meetings, and occasions adequate to continue the professional development of HAGEL and-to adequately pursue necessary official and other BOARD. B. The BOARD also agrees functions and. business of the to budget and to pay for the reasonable and necessary travel and subsistence expenses of HAGEL for short courses, conferences, institutes, and seminars that are necessary for his professional development and for the good of the BOARD. C. Education. In that the BOARD deems the furthering of HAGEL'S education in the fields relating to his employment are of significant importance and benefit to the BOARD, the BOARD also agrees to budget and to pay HAGEL'S books and tuition fees to a local accredited college or university for courses in pursuit of a his Masters degree during the term of this Agreement. HAGEL must maintain the equivalent grade of a "C" or better. 10. MOVING AND RELOCATION EXPENSES. HAGEL shall be reimbursed, or the BOARD may pay directly, for the expenses of packing and moving himself, his family, and his personal property from St. Louis, Missouri to Delray Beach/Boynton Beach, Florida with said payment or reimbursement to be limited to such reasonable moving expenses, to include a moving van, unpacking, storage costs, and insurance charges. The parties understand that the physical move of the said personal property will occur within one (1) year from the date of this Agreement due to the fact that initially, HAGEL is leasing a fully furnished residence in Palm Beach County, Florida in order to provide himself adequate time to find permanent housing. HAGEL agrees that he shall seek at least two (2) bids for such services, and he shall utilize the lowest competent bidder to provide such services. In the event HAGEL shall voluntarily terminate this Agreement within one (1) year from its effective date, he shall immediately pay to the BOARD anamount equal to such sums paid to him pursuant to the Paragraph 10. The BOARD shall be granted the right to deduct from any monies owing to HAGEL such amount as of the termination. 11. DUES AND SUBSCRIPTIONS. The BOARD agrees to budget and to pay for the professional dues and subscriptions and professional engineering license registration and renewal of HAGEL 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 BOARD. 12. TERMINATION. Termination of this Agreement may occur in the following manner: A. The BOARD shall be entitled to terminate this Agreement for any reason, without cause, immediatel~upon delivery of written notice of such termination to HAGEL. In the svent HAGEL is terminated by the BOARD before expiration of tke aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this Agreement, then in that event the BOARD agrees to pay HAGEL a lump sum cash payment as follows: (i) In the event the termination occurs during the first year of such employment the severance payment shall equal two (2) months base salary as set forth in paragraph 3.A. above; (ii) In the event the termination occurs during the second year of such employment the severance payment shall equal three (3) months base salary as set forth in paragraph 3.A. above; (iii) In the event the termination occurs during the third or later year of such employment the severance payment shall equal four (4) months base salary as set forth in paragraph 3.A. above. Provided, provisions, in however, that notwithstanding the foregoing the event HAGEL is terminated because of his being found guilty by a court of competent jurisdiction of an illegal act involving personal gain to him,-or of any felony or misdemeanor involving moral turpitude, then, in that event, the BOARD shall have no obligation to pay any aggregate severance pay designated in this Section. The said severance pay shall be paid within thirty (30) days following such termination. B. HAGEL shall be entitled to terminate this Agreement upon thirty (30) working days' advance written notice to the BOARD during the first twelve (12) months of this Agreement or upon sixty (60) days' advance written notice to the BOARD after twelve (12) months from the date of this Agreement2 C. In the event of a termination of this Agreement by HAGEL, the BOARD shall not be required to pay any severance pay and~ further, provided that in the event of a termination of this Agreement by HAGEL without providing the required notice as herein provided, HAGEL shall forfeit all accrued sick leave compensation to which he may be entitled pursuant to the Employee Policy Plan as hereinabove referred to. 13. INDEMNIFICATION. A. The BOARD shall provide a legal defense to HAGEL and indemnification, for any litigation brought against him as a result of his performance of his duties under this Agreement, except to the extent that such claim is the result of his culpable negligence, malice or criminal act. The BOARD shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole discretion. B. The BOARD~shall bear the full cost of any fidelity or other bonds which may in the future be required of HAGEL by law or ordinance. 14. NOTICES. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Board: Chairman South Central Regional. Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 (with a copy to:) Robert W. Federspiel 501 East Atlantic Avenue Delray Beach, FL 33483 HAGEL: Robert Haget Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice sh~ll be deemed given as of the date of service or as of the date of deposit of such written the course of transmission in the United States Postal personal notice in Service. 15. GENERAL PROVISIONS. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. 8 C. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not in full force and effect. IN WITNESS WHEREOF, the parties the day and year first above written. WITNESSES: be affected and shall remain have executed this Agreement - / SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Attest: Chairman The above Agreement of Delray Beach this vote. is hereby ratified in open session by the City day of , 1991, by a Mayor ATTEST: City Clerk Approved as to form: City Attorney The above Agreement is hereby ratified in open session by the City of Boynton Beach this ~ day of /~/~ 1991 by a ~ vote. · ' ATTEST: City ~ierk Approved ~,.~/to ~f~rm: Cit~ttorney 10