R98-171RESOLUTION NO. R98-/~'/
A RESOLUTION OF THE CITY COMMISSION OF THE ClTY OF
BOYNTON BEACH, FLORIDA,. RATIFYING THE HIRING OF AN
ASSISTANT CITY ATFORNEY; AUTHORIZING MAYOR AND CITY
ATTORNEY TO ENTER INTO AN APPOINTMENT CONTRACT WITH
NICHOLAS I. IGWE; AND PROVIDING AN EFFECI-IVE DATE.
WHEREAS, the City Attorney has recommended that the City enter into a contract with
Nicholas I. Tgwe pursuant to the terms and conditions attached hereto as Exhibit "A".
NOW, THEREFORE, BE :IT RESOLVED BY THE C]:TY COMNIISSTON OF THE CI'TY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify
the hiring of an Assistant City Attorney.
Section 2. The City Commission of the City of Boynton Beach, Florida authorizes the
Mayor and City Attorney to enter into an appointment contract with Nicholas [. Tgwe.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _~ day of October, 1998.
CITY OF BOYNTON BEACH, FLORIDA
~ayor f 'l' '
~ice May.,~r// / /-~~
City Attorney-Igwe
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into
BOYNTON BEACH, Florida, (the "CITY") by and through
ATTORNEY") and NICHOLAS I. IGWE ("IGWE").
between the CITY OF
its City Attorney ("CITY
RECITALS
The CITY and IGWE acknowledge the following premises for this contract:
A. CITY ATTORNEY is the Chief Legal Officer of the CITY.
B. The CITY ATTORNEY on behalf of the CITY desires to appoint IGWE as
the Assistant City Attorney for the CITY, and IGWE desires to undertake that
appointment.
C. In selecting IGWE to be appointed as Assistant City Attorney, the CITY
ATTORNEY has relied on all information and materials appearing on or furnished in
connection with his application for that position, including representations made in oral
interviews. IGWE represents that all such information and materials are accurate,
complete, and authentic and that he is qualified to serve as Assistant City Attorney.
D. The CITY and IGWE 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 in the City Attorney's Office of the CITY and to enhance
administrative stability and continuity within the Police Department.
TERMS. CONDITIONS. AND COVENANTS
Accordingly, on the foregoing premises and in consideration of the mutual
co¥gnants contained in this contract, the CITY and IGWE agree as follows:
ARTICLE
Agreement for Appointment
1.1 The CITY ATTORNEY hereby appoints IGWE to serve as Assistant
City Attorney for the CITY and IGWE hereby accepts that appointment and undertakes
that appointment.
1.2 IGWE is an at will employee of the CITY. By acceptance of this
Contract IGWE acknowledges that there has been no representation or promise,
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express or implied fixing the term of his appointment.
ARTICLE 2
Duties and Obligations
2.1 Principal Duties and
ATTORNEY's responsibilities and direction
Department, IGWE shall:
Obligations. Subject to the CITY
for the overall operation of the Legal
2.1.1 Serve as the Assistant City Attorney of the CITY and perform the
job responsibilities assigned solely by, and under the supervision of, the City Attorney.
2.2 Manner of Performance. Except as otherwise expressly provided
by the contract, the Assistant City Attorney at all times shall:
2.2.1 devote all 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.
2.2.2 perform his duties and obligations faithfully, industriously, and to
the best of his ability.
2.2.3 not engage in outside employment except with prior written
disclosure to and written consent of the CITY ATTORNEY or his/her designee.
2.2.4 keep the CITY ATTORNEY or his designee 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 ATTORNEY.
2.3 Professional Growth and Development Activities. So long as such
activity does not unduly interfere with the performance of his duties and obligations
pursuant to this Contract, IGWE may:
2.3.1 maintain membership in such professional organizations as he, in
the reasonable exercise of his professional judgment, shall deem appropriate .to the
effective performance of his duties and responsibilities pursuant to this Contract,
including, but not necessarily limited to the Florida Bar, the American Bar Association
and County Bar Associations.
2.3.2 with prior approval of the CITY ATTORNEY, travel to, attend, and
participate in such conferences, meetings, seminars, courses, and other programs, and
activities conducted or sponsored by those organizations, whether or not within the
State of Florida; and
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2.3.3 provided it does not conflict with the position of Assistant City
Attorney and with prior approval of the CITY ATTORNEY, write, teach, consult, and
I ectu re.
2.3.4 although civil leadership and responsibility are encouraged, IGWE
shall limit his-involvement in local organizations so as not to create an appearance of
impropriety or partiality.
ARTICLE 3
Annual Performance Goals and Evaluation
3.1 IGWE shall receive a performance evaluation from the CITY
ATTORNEY six months following the commencement date of this Contract and
annually on the anniversary date of appointment. Nothing herein shall prohibit periodic
unscheduled evaluations and goal setting conferences by the City Attorney.
3.2 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 ATTORNEY and are subject to the appropriation of funds by the City
Commission.
ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to IGWE an annual salary of
FORTY-SIX THOUSAND AND NO/100 DOLLARS, ($46,000.00) payable in equal
installments at the same intervals as the CITY's personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse IGWE
consistent with reimburse~ment policies for CITY employees., and consistent with
Section 112.061, Florida Statutes.
4.3 Membership Fees. The CITY shall pay IGWE'S Florida Bar dues
and the membership fees for participation in other professional organizations as
approved by the CITY ATTORNEY.
4.4 Automobile. Mileage shall be reimbursed at the prevailing IRS
rate. For CITY travel, IGWE shall have access to a City vehicle. IGWE shall maintain a
use and mileage log documenting all automobile use and shall submit same in support
of any request for reimbursement.
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4.4 Health Insurance. IGWE shall receive the same benefit provided
to non-union City .employees hired after March 30, 1998.
4.5 Disability Insurance. IGWE shall receive the same benefit
provided to non-union City employees hired after March 30, 1998.
4.6 Life Insu
non-union City employees
:ive .the same benefit provided to
4.7 Participation in Retirement System. IGWE shall receive the
same benefit provided to non-union employees hired after March 30, 1998.
4.8 Holidays. IGWE shall be entitled to observe the same paid legal
holidays as non-union employees hired after March 30, 1998.
4.9 Vacations. IGWE shall be entitled to observe the same vacation
accrual as non-union employees hired after March 30, 1998.
4.10 Sick Leave. IGWE shall be entitled to accrue sick leave and be
subject to the same sick leave policies as non-union employees hired after March 30,
1998.
ARTICLE 5
Indemnification and Reimbursement
5.1
Indemnification of the Assistant City Attorney. The CITY shall:
5.1.1 defend and indemnify IGWE 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 IGWE 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 IGWE.
5.1.3 CITY reserves the right to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing defense.
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ARTICLE 6
Commencement of Contract
6.1
on October 7, 1998.
IGWE's appointment and the term of this Contract shall commence
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at'any time by mutual agreement of IGWE and the CITY;
7.1.2 upon IGWE'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 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 selected by the CITY;
7.1.3 at any time by the CITY's unilateral termination of IGWE's
Contract for the position.
7.1.4
the death of IGWE.
7.1.5 the resignation of IGWE. A resignation shall be-submitted in
writing and shall provide for a 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 ATTORNEY and need not
reflect performance related reasons. If this Contract is terminated by unilateral action
by the CITY ATTORNEY, IGWE shall be entitled only to:
7.2.1
thirty (30) days.
base salary for the effective date of the termination plus
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 March 30, 1998;
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7.2.4 ap 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 March 30, 1998.
7.3 Rights
Agreement. If this Contract
shall be entitled to:
and Obli, Upon
Termination by Mutual
reement of the parties, IGWE
7.3.1
base Salary accrued to the agreed date of termination;
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 after March 30, 1998;
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 after March 30, 1998;
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to IGWE's physical disability or death, IGWE 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 IGWE 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 after March 30, 1998; and'
7.4.4
life and/or disability benefits if applicable.
7.5 Rights and Obligations Upon Termination Due to Resignation.
If this Contract terminates due to iGWE's resignation, IGWE shall be entitled only to
the following compensation and benefits:
7.5.1
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base salary through the date of resignation or such other
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date as establiShed by the CITY ATTORNEY;
reimbursement for as-yet unreimbursed expenses pursuant
7.5.2
to this Contract;
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 after March 30, 1998;
7.5.4 life and/or disability benefits if applicable.
ARTICLE 8
Modification 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.
ARTICLE ~10
Venue
10.1 Any 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,
Flodda.
ARTICLE 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.
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ARTICLE 12
Applicability to Successors
12.1 This Contract shall be binding on and inure to the benefit of
IGWE's heirs and personal representatives.
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
provision 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
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.
ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CITY and
IGWE. All prior agreements and understandings, whether written or oral, pertaining to
the CITY's appointment of IGWE are fully abrogated and of no further force and effect
from and after the date of this Contract.
15.2 Regardless of which party prepared the original draft and
subsequent revisions of this Contract, IGWE and the CITY 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 inclusion or omission from this Contract of a term or provision
contained in an eadier draft of the Contract shall have no evidentiary significance
regarding the contractual intent of the parties,
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ARTICLE 16
Execution of Contract
16.1 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.
NICHOLAS I. IGWE
Dated:
CITY OF BOYNTON. BEACH
JAMES CHEROF, CITY ATTORNEY
Dated:
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