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
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