R99-156RESOLUTION NO. R99-/,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF DIRECTOR OF
DEVELOPMENT OF THE CITY OF BOYNTON BEACH,
FLORIDA AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN APPOINTMENT CONTRACT ON
BEHALF OF THE CITY WITH QUINTUS L. GREEN;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
;ervices of Quintus L. Green as Director of Development of the City of Boynton
Beach, Florida; and
WHEREAS, it is the desire of the City Commission to provide certain benefits
and requirements regarding the employment of Quintus L. Green by the City; and
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 Quintus L. Green as Director of
Development of the City of Boynton Beach, Florida and authorizes the City Manager
Io execute an Appointment Contract on behalf of the City of Boynton Beach with
Quintus L. Green, said Contract being attached hereto as Exhibit "A", and
ncorporated herein by reference.
Section2. This Resolution shall become effective immediately upon
:)assage.
PASSED AND ADOPTED this /~ day of November, 1999.
Cla~~~~L"'-C R~l DA
VicCe Mayor
~ommissioner
~,TTEST:
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APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into between the CITY OF
BOYNTON BEACH, Florida, (the "CITY") by and through its City Manager ("CITY
MANAGER") and Q01NTUS L. GREENE.
RECITALS
The CITY and QUINTUS L. GREENE acknowledge the following premises for
this contract:
A. The CITY MANAGER is the Chief Executive Officer of the CITY and is
authorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field.
B. The CITY MANAGER on behalf of the CITY desires to appoint QUINTUS
L. GREENE as an Director of Development for the CITY, and QUINTUS L. GREENE
desires to undertake that appointment.
C. In selecting QUINTUS L. GREENE to be appointed as Director of
Development for the CITY, the CITY MANAGER has relied on all'information and
materials appearing on or furnished in connection with his application for that position.
QUINTUS L. GREENE represents that all such information and materials are accurate,
complete, and authentic and that he is qualified to serve as Director of Development
and that the performance of such duties are specialized in nature.
D. The CITY and QUINTUS L. GREENE wish to reduce their agreements to
writing in order to describe their relationship with each other, to provide a basis for
effective communication between them as they fulfill their respective governance and
administrative functions, and to enhance administrative stability and continuity within
the City of Boynton Beach.
E. The position of Director of Development is a contractual appointment by
the CITY MANAGER of an individual in a specialized field and not a civil service
position and the CITY's Civil Service Rules and Regulations are not applicable to
QUINTUS L. GREENE. By entering into this appointment contract, QUINTUS L.
GREENE waives all rights under the City's Civil Service system.
F. Nothing herein shall constitute an abridgment of or limitation to the rights
and powers of the MANAGER to manage the work force of the CITY and to organize,
reorganize, create, or abolish the CITY work force, including this appointment except as
provided for herein.
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G. Nothing herein shall constitute an abridgment or limitation on the rights
and powers of the City Commission to create or alter the work force of the CITY by
appropriation or non-appropriation of funds earmarked for departments, positions, or
appointments.
TERMS. CONDITIONS. AND COVENANTS
Accordingly, on the foregoing premises and in conSideration of the mutual
covenants contained in this contract, the CITY and QUINTUS L. GREENE agree as
follows:
ARTICLE 1
Agreement for Appointment
1.1 The CiTY MANAGER hereby appoints QUINTUS L. GREENE to
serve as Director of Development for the CITY and QUINTUS L. GREENE hereby
accepts that appointment and undertakes that appointment.
1.2 QUINTUS L. GREENE is an at will employee of the CITY. By
acceptance of this Contract QUINTUS L. GREENE acknowledges that there has been
no representation or promise, expressed or implied fixing the term of his appointment,
except as provided for herein.
ARTICLE 2
Duties and Obligations
2.1 Principal Duties and Obligations, Subject to the City Manager's
responsibilities and direction for the overall operation of the CITY's work force,
QUINTUS L. GREENE shall:
2.1.1 serve as Director of Development of the CITY. The job description
for Director of Development is attached as Exhibit "A".
2;1.2 the Director of Development is responsible for additional activities
associated with the Community Redevelopment Agency. Those responsibilities are as
set forth on Exhibit "B".
2.2 Manner of Performance. Except as otherwise expressly provided
by this contract, as Director of Development, he shall at all times:
2.2.1 devote ali his time, attention, knowledge, and skill solely and
exclusively to the business and interests of the CITY during normal working hours and
at City related events after normal business hours.
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2.2.2 perform his duties and obligations faithfully, industriously, and to
the best of his ability.
2.2.3 not engage in conflicting outside employment except with prior
written disclosure to'the CiTY MANAGER.
2.2.4 keep the CITY MANAGER fully informed in advance of all travel
and activities that take him out of the office for more than a day at a time. All travel
must receive prior written approval of the CITY MANAGER.
2.3 Certification. Within one year from date of apPointment, QUINTUS L.
GREEN will obtain and maintain a valid National Council of Architectural Registration
Board Certification.
ARTICLE 3
Annual Performance Goals and Evaluation
3.1 The CITY MANAGER shall review and evaluate the performance of
QUINTUS L. GREENE at least once annually in advance of the adoption of the annual
operating budget. The review and evaluation shall be in accordance with performance
criteria developed by the CITY MANAGER, which criteria must be provided to
QUINTUS L. GREENE in advance of the commencement of the period of evaluation.
The initial performance cdteria is as set forth on Exhibit "C", attached hereto. The
criteria may be added to or deleted from as the MANAGER may from time to time
determine, except that QUINTUS L. GREENE shall not be evaluated for tasks if no
performance criteria have been established. Further, the MANAGER shall provide
QUINTUS U GREENE with a summary written statement of the evaluation and provide
an adequate opportunity for QUINTUS L. GREENE to discuss his evaluation with the
MANAGER.
3.2 Periodically, the MANAGER and QUINTUS L. GREENE shall define such
goals and performance objectives that they determine necessary for the proper
operation of the Development Department operations in attainment of the objectives
and shall further establish a relative pdodty among those vadous goals and objectives,
which shall be reduced to writing. Such goals and objectives shall be generally
attainable within the time limitations as specified in the annual operating and capital
budgets and appropriations provided by the CITY.
3.3 Compensation reviews are not subject to any specific formula applicable
to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY
MANAGER and are subject to the appropriation of funds by the City Commission. In no
case shall any wage adjustments result in a decrease in salary from the amounts
indicated in Article 4 herein.
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ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to QUINTUS L. GREENE an
annual salary of EIGHTY-FOUR THOUSAND ($84,000), payable in equal installments
paid at the same intervals as the CITY's management personnel are paid.
4.2 Deferred Compensation. City and QUINTUS L. GREENE agree to
execute all necessary agreements provided by the Public Employees Benefit Services
Corporation (PEBSCO) for QUINTUS L. GREENE'S participaticn in said PEBSCO
retirement plan, and in addition to the base salary paid by the CITY to QUINTUS L.
GREENE, CITY agrees to pay an amount equal to Five (5%) pement of QUINTUS L.
GREENE'S base salary, or $5,000.00, whichever ~s less, into PEBSCO on QU NTUS L.
GREENE'S behalf, in equal proportionate amounts each pay period, and to transfer
ownership to succeeding CITY or QUINTUS L. GREENE upon QUINTUS L.
GREENE'S resignation or discharge. QUINTUS L. GREENE will not participate in, nor
be covered by the City of Boynton Beach's General Pension Plan.
4.3 Business Expenses. The CiTY shall pay or reimburse QUINTUS
L. GREENE consistent with reimbursement policies for CITY managerial employees.
4.4 Automobile. Automobile. QUINTUS L. GREENE shall be
compensated for use of his personal vehicle for city business in the amount of $300.00
per mc nth.
4.5 Health Insurance. QUINTUS L. GREENE shall receive the same
benefit provided to non-umon City employees hired after 10/1/91.
4.6 Disability Insurance. QUINTUS L. GREENE_ shall receive the
same benefit provided to non-union City employees hired after 10/1/91.
4.7 Life Insurance. QUINTUS L. GREENE shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.8 Participation in Retirement System, QUINTUS L. GREENE in
lieu of participation in the General Employees Pension Plan, shall receive deferred
compensation as set forth in paragraph 4.2 above..
4.9 Holidays. QUINTUS L. GREENE shall be entitled to observe the
same paid legal holidays as non-union employees hired after 10/1/91.
4.10 Vacations. QUINTUS ,L. GREENE shall be entitled to observe the
same vacation accrual as managerial employees hired after 10/1/91.
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4.11 Sick Leave. QUINTUS L. GREENE shall be entitled to accrue sick
leave and be subject to the same sick leave policies as non-union employees hired
after 10/1/91.
ARTICLE 5
Indemnification and Reimbursement
5.1
Indemnification of the Director of Development.
The CITY shall:
5.1.1 defend and indemnify QUINTUS L. GREENE against all
claims and actions, civil or criminal, provided the claims or actions arise out of and in
the course of the performance 'of his duties and responsibilities pursuant to this
Contract; and
5.1.2 pay any judgment that may be entered against QUINTUS L.
GREENE in a civil action arising out of and in the course of-the performance of his
duties and responsibilities pursuant to this contract, except a judgment based on
intentional wrongdoing by QUINTUS L. GREENE.
5.1.3 CITY reserves the rights to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing defense.
ARTICLE 6
Date of Appointment
6.1 QUINTUS L. GREENE's appointment and the term of this Contract
shall commence on the date of ratification of this contract by the City Commission.
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of QUINTUS L. GREENE and the
7.1.2 upon QUINTUS L. GREENE'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
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mental illness or condition, which inability shall be verified at the CITY's expense (to the
extent not covered by applicable medical insurance maintained by the CITY) by a
licensed physician mutually agreed upon by QUINTUS L. GREEN and the CITY,
provided that state or federal law or regulation would not preclude or prohibit QUINTUS
L. GREENE's separation under the condition. In the event the parties are unable to
mutually agree on a physician within fifteen days of a request for selection, the
examining physician will be selected solely by the CITY.
7.1.3 at any time by the CITY MANAGER's and CITY
COMMISSION's unilateral termination of QUINTUS L. GREENF_!s contract for the
position.
7.1.4
the death of QUINTUS L. GREENE.
7.1.5 the resignation of QUINTUS L. GREENE. A resignation
shall be submitted in writing and shall provide for an actual resignation date no later
than forty-five (45) days following the date of notice of resignation.
7.2 Rights and Obligations Upon Unilateral Termination by CITY.
Unilateral termination shall be in writing, signed by the CITY MANAGER, and need not
reflect performance related reasons. If this Contract is terminated by unilateral act[on
by the CITY MANAGER, QUINTUS L. GREENE shall be entitled only to:
7.2.1 Prorated base salary for the effective date of the termination
plus one hundred fifty (150) days, calculated as follows: Employees annual base
salary shall be divided by 365 days, and that sum shall be multiplied by 150 days, less
customary withholding.
7.2.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.2.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired after 10/1/91;
7.2.4 an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired after 10/1/91.
7.3 Rights and Obligations
Agreement. If this Contract terminates uPon
QUINTUS L. GREENE shall be entitled to:
Upon Termination by Mutual
mutual agreement of the parties,
7.3.1 Prorated base salary for the effective date of termination
plus 150 days, calculated as follows: Employees' annual base salary shall be divided
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by 365 days, and that sum shall be multiplied by 150 days less customary withholding;
7.3.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.3.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired before 10/1/91;
7.3.4 an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired before 10/1/91;
herein.
7.3.5 The total accrued deferred compensation as provided by Article 4.2
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to QUINTUS L. GREENE's physical disability or.
death, QUINTUS b GREENE or his guardian or personal representative shall be
entitled only to the following compensation and benefits:
7.4.1 base salary through the last day that QUINTUS L. GREENE
performed services to or on behalf of the CITY;
7.4.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.4.3 an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by laW, according to the
schedule/formula for non-union employees hired before 10/1/91; and
7.4.4
life and/or disability benefits if applicable.
7.4.5
Article 4.2 herein.
the total accrued deferred compensation as provided by
7.5 Rights and Obligations Upon Termination Due to Resignation.
If this Contract terminates due to QUINTUS L. GREENE's resignation, QUINTUS L.
GREENE shall be entitled only to the following compensation and benefits:
7.5.1 base salary through the date of resignation or such other
date as mutually agreed to between QUINTUS L. GREENE and the CITY MANAGER;
7.5.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
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7.5.3 an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired before 10/1/91;
7.5.4
7.5.5
Article 4.2 herein.
life and/or disability benefits if applicable.
the total accrued deferred compenSation as provided by
ARTICLE 8
Modification or extension of Contract
8.1 Modification and Amendment. No modification of or amendment
to this Contract shall be valid unless reduced to writing and signed by both parties.
ARTICLE 9
Inapplicability of Collective-Bargaining Agreements
9.1 No collective-bargaining agreement to which the CITY is a party
shall in whole or in part govern, apply to, or be deemed part of or incorporated into this
Contract.
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ARTICLE 10
Venue
10.1 ~,ny civil action arising out of this Contract or the nonperformance
or breach of any covenant contained in it shall be brought only in Palm Beach County,
Florida.
A~ICLE 11
Waiver
11.1 The CITY's waiver of any breach of any term, condition, or
covenant of this Contract shall not constitute the waiver of any other breach of the
same or any other term, condition, or covenant of this Contract.
ARTICLE 12
Applicability to Successors
12.1 This Contract shall be binding on and inure to the benefit of:
12.1.1 QUINTUS L. GREENE's heirs and personal representatives; and
12.1.2the CITY regardless of changes in the persons holding office as
members of the CITY.
ARTICLE 13
Severability of Provisions
13.1 if any provision of this Contract or the application of any provision
to any party or circumstance shall be prohibited by or invalid under applicable law, the
prevision shall be ineffective to the extent of such prohibition or invalidity without
invalidating the remaining provisions of this Contract or their application to other parties
or circumstances.
ARTICLE 14
Governing Law
14.1 This Contract and the terms, conditions, and covenants contained
in it shall be governed by and construed in accordance with the laws of the State of
Florida.
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ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CITY and
QUINTUS L. GREENE. All pnor agreements and understandings, whether written or
oral, pertaining to the CITY's appointment of QUINTUS L. G P, EENE are fully abrogated
and of no further force and effect from and after the date of this Contract.
15.2 Regardless of which party's counsel prepared the original draft and
subsequent revisions of this Contract, QUINTUS L. GREENE and the CITY and their
respective counsel have had equal opportunity to contribute to and have contributed to
its contents, and this Contract shall not be deemed to be the product of and, therefore,
construed against either of them.
15.3 The omission from this Contract of a term or prows~on contained in
an earlier draft of the Contract shall have no evidentiar7 significance regarding the
contractual intent of the parties.
ARTICLE 16
Execution of Contract
16.1 This Contract may be executed in duplicate or in counterparts,
each of which shall be deemed an original and all of which together shall be deemed
one and the same instrument. No term, condition, or covenant of this Contract shall be
binding on either party until both parties have signed it.
EXECUTED on the respective dates set forth below.
QUINTUS L. GREENE
CITY OF BOYNTON BEACH
'/W~FRED 'HAWK~INS,
ID~q'ERIM CITY MANAGER
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