R00-068RESOLUTION NO. RO0-~'~'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, CONFIRMING THE
APPOINTMENT OF PATRICIA SPOERRI AS THE
PROFESSIONAL DEVELOPMENT MANAGER FOR THE
CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN APPOINTMENT
CONTRACT ON BEHALF OF THE CITY WITH PATRICIA
SPOERRI; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ
the services of Patricia Spoerri as the Professional Development IVlanager for 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 Patricia Spoerri by the City; and
NOW, THEREFORE, BE ~IT RESOLVED BY THE CTTY COMM:ZSSTON OF
THE CTTY OF BOYNTON BEACH, FLORTDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby confirm the appointment of Patricia Spoerri as the Professional Development
Manager for the City of Boynton Beach, Florida and authorizes the City Manager to
execute an Appointment Contract on behalf of the City of Boynton Beach with
Patricia Spoerri, said Contract being attached hereto as Exhibit "A", and incorporated
herein by reference.
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
.,/,~ day of I~lay 2000.
cTrY O~ BOYNTON,BEACH, FLORIDA
¥ice ~a¥or
Mayor Pro Tern
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into between the CITY OF
BOYNTON BEAC:H, Florida, (the "C:ITY") by and through its City Manager ("CITY
I~IANAGER") and PATRIC]:A SPOERRI ("$POERRI').
RECITALS
The CITY and SPOERRI acknowledge the folloWing premises for this contract:
A. 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 SPOERRI as
the PROFESSIONAL DEVELOPMENT MANAGER of the CITY, and SPOERRI desires to
dndertake that appointment.
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C. ]:n selecting SPOERRI to be appointed as the PROFESSIONAL
~EVELOPMENT MANAGER for the C~rI'Y, the CITY MANAGER has relied on all
tformation and materials appearing on or furnished in connection with her application
)r that position, including representations made in oral interviews. SPOERRI
]presents that all such information and materials are accurate, complete, and authentic
nd that she is qualified to serve as PROFESSIONAL DEVELOPIVlENT MANAGER, and
lat the performance of such duties are specialized in nature.
D. The CITY and $POERRI wish to reduce their agreements to writing in
rder to describe their relationship with each other, to provide a basis for effective
)mmunication between them as they fulfill' their respective governance and
Jministrative functions in the Human Resource Department and to enhance
Jministrative stability and continuity within the Human Resource Department.
E. The position of PROFESSIONAL DEVELOPMENT MANAGER is a contractual
appointment by the CITY MANAGER of an individual in a specialized field and not a civil
s~rvice position and neither the City's Civil Service Rules and Regulations nor the
Personnel Policy Manual (PPM) are applicable to SPOERRI.
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F. Nothing herein shall constitute an abridgment of or limitation to the rights
id powers of the IVlANAGER to manage the work force of the CITY and to organize,
..organize, create, or abolish the CTI'Y work force, including the appointment
.ferenced herein.
G. Nothing herein shall constitute an abridgment or limitation on the rights
Id powers of the CITY Commission to create or alter the work force of the CITY by
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appropriation or non-appropriation of funds earmarked for departments, positions, or
appointments.
TERMS~ CONDTTIONSf AND COVENANTS
Accordingly, on the foregoing premises and in consideration of the
covenants contained in this contract, the C1TY and SPOERRI agree as follows:
mutual
ARTICLE I
Agreement for Appointment
1.1 The C1TY MANAGER hereby appoints SPOERRI to serve as
PROFESSIONAL DEVELOPMENT MANAGER for the cI-rY and SPOERR~ hereby accepts
that appointment and undertakes that appointment.
1.2 SpOERRI is an at will employee of the CI-I'Y. By acceptance of this
Contract SPOERRI acknowledges that there has been no representation or promise,
express or implied fixing the term of his appointment.
ARTICLE 2
Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the C1TY
MANAGER's responsibilities and direction for the overall operation ~:~f the C1TY's work
force, SPOERRI shall:
2.1.1 Serve as the PROFESSIONAL DEVELOPMENT MANAGER of the
CITY and shall perform the job responsibilities as set forth on Exhibit "A";
Human Resource Department of the ClTY as assigned by the ClTY
MANAGER or his/her designee.
2.2 Manner of Performance. Except as otherwise expressly
provided by the contract, the PROFESSIONAL DEVELOPMENT MANAGER at all times
shall:
2.2.1 devote all her time, attention, knowledge, and skill solely and
exclusively to the business and interests of the C1TY during normal working hours and
at City related events after normal business hours.
2.2.2 perform her duties and obligations faithfully, industriously, and to
the best of her ability.
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2.2.3 not engage in conflicting outside employment except with prior
written disclosure to and written consent of the CRY MANAGER or his/her designee.
2.2.4 keep the CRY MANAGER or his/her designee fully informed in
advance of all travel and activities that take her out of the office for more than a day at
a time. All travel must receive prior written approval.of the CRY MANAGER.
ARTZCLE 3
Annual Performance Goals and Evaluation.
3.1 The CRY MANAGER or his/her designee shall review and evaluate
the performance of SPOERR! at least once annually in advance of the adoption of the
annual operating budget. The review and evaluation shall be in accordance with
specific criteria developed by the CRY MANAGER or his/her designee. The criteria ma
be added to or deleted from as MANAGER or his/her designee may from ti~e to timey
d~termine. Further, the CRY MANAGER or his/her designee shall provide SPOERR/
With summary written statement of the evaluation and provide an adequate opportunity
for SPOERR! to discuss his evaluation with the CRY MANAGER or his/her designee. -
Annually, the CRY MANAGER or his/her designee and SPOERR/
shall define such goals and performance objectives that they determine necessary for
the proper operation of the Human Resource Department and in attainment of the
o~!ectives and shall further establish a relative priority among those various goals and
ol~jectives, 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 CRY.
3.2 Compensation reviews are not subject to any specific formula
applicable to other CRY personnel. Wage adjustments shall be at the sole discretion of
the CRY MANAGER and are subject to the appropriation of funds by the City
Commission.
ARTZCLE 4
Compensation and Benefits
,~.1 Base Salary. The CRY shall pay to SPOERR! an
aqnual salary of Forty-Seven Thousand Five Hundred ($47,500.00) Dollars payable_in
equal installments at the same intervals as the CRY's management personnel are paid
4.2 Business Expenses. The CRY shall pay or reimburse SPOERR!
consistent with reimbursement policies for CRY managerial employees.
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4.3 Health Insurance. SPOERR[ shall receive the same benefit
provided to non-union City employees hired after October 1, 1991.
4.4 Disability Tnsurance. SPOERRT shall receive the same benefit
provided to non-union City employees hired after October 1, 1991.
4.5 Life Tnsurance, SPOERR! shall receive the same benefit provided
to non-union City employees hired after October 1, 1991.
4.6 Participation in Retirement System. SPOERRI shall continue to
be enrolled in and shall enjoy all benefits provided under the General Employee Pension
Plan.
4..7 Holidays. SPOERR! shall be entitled to observe the same paid
legal holidays as non-union employees hired after October 1, 1991.
4.8 Vacations. SPOERR! shall be entitled to observe the same
vacation accrual as non-union employees hired after October 1, 1991.
4.9 Sick Leave. SPOERR! shall be entitled to accrue sick leave and be
subject to the same sick leave policies as non-union employees hired after October 1,
1991.
ARTTCLE 5
Indemnification and Reimbursement
5.1 Tndemnification of the PROFESSIONAL DEVELOPMENT
MANAGER of the Human Resource Department of the City of Boynton Beach.
The CITY shall:
5.1.1 defend and indemnify SPOERR! against all claims and
actions, civil or criminal, provided the claims or actions arise out of and in the course of
the performance of her duties and responsibilities pursuant to this Contract; and
5.1.2 pay any judgment that may be entered against SPOERR! in a
civil action arising out of and in the course of the performance of her duties and
responsibilities pursuant to this contract, except a judgment based on intentional
wrongdoing by SPOERR[.
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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6.1
commence on
ARTZCLE 6
Duration of Contract
SPOERRrs appointment and the
May 30, 2000
term
of this Contract shall
ARTZCLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of SPOERR! and the Cl-I'Y;
7.1.2 upon SPOERRI's sustained inability for all or substantially all of 180
c~alendar days in a 190 day period to perform all or substantially all of her duties and
obligations pursuant to this Contract as a result of ,physical or mental illness or
cpndition, which inability shall be verified at the CITY s expense (to the extent not
c.p ..vered by applicable medical insurance maintained by the CITY) yah licensed
phymoan selected by the CITY; ·
7.1.3 at any time by the ClTY's unilateral termination of
SPOERR!'s Contract for the position.
7.1.4
the death of SPOERRI.
7.1.5 the resignation of SPOERRI. A resignation shall be
s~bmitted 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.
Upilateral termination shall be in writing, signed by the CITY MANAGER and need not
reflect performance related reasons. !f this Contract is terminated by unilateral action
bythe CTI'Y MANAGER, SPOERR! shall be entitled only to:
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7.2.1 Prorated base salary for the effective date of the termination
plus ninety (90) days, calculated as follows: Employees annual base salary shall be
vided by 365 days, and that sum shall be multiplied by 90 days, less customary
thholding.
to
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7.2.2
this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
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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 October 1, 1991;
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 October 1, 1991.
7.3 Rights and Obligations
Agreement. !f this Contract terminates upon
SPOERI~ shall be entitled to:
Upon Termination by Mutual
mutual agreement of the parties,
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 October 1, 1991;
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 October 1, 1991;
7.4 Rights and Obligations Upon Termination Due to Disability
or Death. If this Contract terminates due to SPOERRI's physical disability or death,
SPOERR! or her guardian or personal representative shall be entitled only to the
following compensation and benefits:
7.4.1 base salary through the last day that SPOERR! performed
services to or on behalf of the C~'I'Y;
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 October 1, 1991; and
7.4.4
life and/or disability benefits if applicable.
7.5
Resignation.
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Rights and Obligations Upon Termination Due to
If this Contract terminates due to SPOERR!'s resignation, SPOERR! shall
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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 SPOERR[ and the CITY MANAGER;
7.5.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
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 October 1, 1991;
7.5.4
life and/or disability benefits if applicable.
ARTZCLE 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.
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ARTZCLE 9
Zna pplicability of Collective-Bargaining Agreements
9.1 No collective-bargaining agreement to which the ClTY is a party
~all in whole or in part govern, apply to, or be deemed part of or incorporated into. this
3ntract.
ARTTCLE 10
Venue
10.1 Any civil action arising out of this Contract or the nonperformance
breach of any covenant contained in it shall be brought only in Palm Beach County,
)rida.
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ARTTCLE 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.
ARTTCLE 12
Applicability to Successors
12.1 This Contract shall be binding on and inure to the benefit of:
12.1.1 SPOERRT's heirs and personal representatives; and
12.1.2 the CITY regardless of changes in the persons holding office as
members of the CITY.
ARTTCLE 13
Severability of Provisions
13.1 Tf 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.
ARTTCLE 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.
ARTICLE 15,,
Tntegration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the ClTY and
SPOERRI. All prior agreements and understandings, whether written or oral, pertaining
to the CITY's appointment of SPOERRI are fully abrogated and of no further force and
effect from and after the date of this Contract.
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15.2 Regardless of which party of party's counsel prepared the original
draft and subsequent revisions of this Contract, SPOERRI and the C~I-Y 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 provision contained
an earlier draft of the Contract shall have no evidentiary significance regarding the
contractual intent of the parties.
ARTZCLE 16
Execution of Contract
16.1 This Contract may be executed in duplicate or in counterparts, each
.which shall be deemed an original and all of which together shall be deemed one and
he same instrument. No term, condition, or covenant of this Contract shall be binding
oh either party until both parties have signed it.
pATtED on the respective dates set forth below.
OF
Dated:
Kurt , City Manager
A
Ci
S:c
050~
as to Form:
b/Attorney
a\agr\emp\SPOERR~
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