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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: ;:ca\res\employment\Green Reso 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. S:CA~AG FAEM P LOYMENT~Gr eerie -1- 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. S:CA~,GR~EM P LOYM ENT~Greene -2- 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. S:CA'~,GR~EM PLOYM ENT~Gceene _3-¸ 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. $;CA%AGR\EMPLOYM ENT~Greene -4- 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 S:CA'~.G R~EM PLOYM ENT~Greene -5- 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 S:CA\AGR\EM PLOYM EN~,green e -6- 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 S:CA~AG R\EMPLOYM ENT~Greene -7- 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. S;CA~AG R~EM PLOYM EN~,Greene -8- 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. -9- 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 S:CA~AG R\EM PLOYM ENT~Gr eerie -10- /~ORM: / / S:ca~Agreements\Emp]oyment Agr~Greene Dated: ///~/~'0'/¢ ¢ -11-