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89-VVVA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO ENTER iNTO AN EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH J. SCOTT MILLER, TO PERFORM THE DUTIES OF cITY MANAGER FOR THE CITY OF BOYNTON BEACH; STATING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the City desires to employ the services of J. Scott Miller 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 Commissioners to provide certain benefits and requirements regarding the employment of J. Scott Miller by the City, and WHEREAS, J. Scott Miller 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 BOlqTINDN BEACH, FLORIDA AS FOLLOWS: Section 1. The Mayor is hereby authoriZed and directed to sign on behalf of the City of Boynton Beach said employment contract attached hereto as Exhibit "A" and incorporated herein by reference. Said Contract stating the terms and conditions of employment of J. Scott Miller as City Manager of this City. Section 2. That this Resolution shall become effectiVe immediately, with J. Scott Miller taking over the duties of the City Manager of the City of Boynton Beach, Florida on January 2, 1990. PASSED AND ADOPTED this /~ day December, 1989. CITY , FLORIDA Vice Mayor Commissioner ATTEST: fCi~ Clerk (~p~7~z (Corporate Seal Commissioner EMPLOYMENT CONTRACT THIS AGREEMENT, made and entered into this 19th day of December, 1989, by and between the City of Boynton Beach, Florida, a municipal corporation, hereinafter called "City", and J. Scott Miller, hereinafter called "Employee", pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City desires to employ the services of J. Scott Miller 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 J. Scott Miller 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 his services rendered an annual base salary of Seventy Thousand Dollars ($70,000.00) payable in installments at the same time as other employees of the City are paid. 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 annual salary/performance review of said Employee. Said review shall be made at the same time as similar consideration is given other employees generally. 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 his 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 his 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 his conviction of any felonious act, then, in that event, the City shall have no obligation to pay thin-'aggregate severance sum. Section 5. Automobile Employee shall be provided with $350.00 per month car allowance. Section 6. Vacation Leave Employee shall receive and accrue vacation leave hours at the same rate as other employees of the City. Employee shall receive one hundred twenty (120) hours of vacation leave upon employment with the City. Section 7. Sick Leave Employee shall receive and accrue sick leave hours at the same rate as other employees of the City. Employee shall receive ninety-six (96) hours of sick leave upon employment with the City. Section 8. Disability, Dental, Health and Life Insurance Employee shall receive the same dental, health, hospitalization and life insurance benefits as are granted to other employees of the City. 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 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. 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 of petty cash vouchers, receipts, statement or personal affidavits. Section 13. Civic Club Membership City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations, as City shall approve for which City shall pay all expenses. Employee shall report to the City on each membership that he has taken out at City's expense. Section 14. 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 judgment rendered thereon. Section 15. Bondinq City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 16. 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-t~rms 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. 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. Section 17. Binding Effect This Agreement shall be binding of the City and Employee and the successors, assigns and heirs of each respectively. 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 J. Scott Miller has signed and executed this Agreement. CITY OF BOYNTON BEACH FLORIDA Bo Olenik, Jr.,~ Vice Mayor ~ Scott Miller, ~City Manager Attest: Betty S.~oroni, City Clerk