R99-151RESOLUTION NO. R99-/,,~
A RESOLUTION OF THE C2T~ COMMISSION OF THE C~TY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND Q-fY
AI-rORNEY TO EXECUTE A RENEW OF THE APPOINTMENT
CONTRACT WITH ASSISTANT C~I~ A'I-fORNEY NICHOLAS IGWE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Attorney has recommended that the City enter into a renewal of the
:ontract with Nicholas [. Igwe pursuant to the terms and conditions attached hereto as Exhibit"A".
NOW, THEREFORE, BE ]T RESOLVED BY THE CJ'I'~ COMI~IISStON OF THE C~'~' OF
BOYNTON BEACH, FLOI~DA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the
~layor and City Attorney to enter into an appointment contract with Nicholas L Igwe.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this .,,/~ day of November, 1999.
ibJ/Clerk
Vice~l~layor
Comm' er, -
"~Corporate Seal)
×,'x" ~O Y NT'O
~:ca\Res~lo~mef~L-t.~e~c~.~stant Cie Aeomey-I we
.APPOINTMENT CONTRACT
THIS APPOINTHENT CONTRACT is entered into between the C~TY OF
BOYNTON BEACH, Florida, (the "CITY") by and through its City Attorney ("cI-rY
A"I-I'ORNEY") and N[.CHOLAS [. TGWE ("TGWE'~.
RECITALS
The cI-rY and IGWE acknowledge the following premises for this contract:
A. C1TY ATTORNEY is the Chief Legal Officer of the C1TY.
B. The C1TY ATTORNEY on behalf of the Cl-FY desires to appoint TGWE as
the Assistant City AttorneY for the CITY, and TGWE desires to undertake that
appointment.
; C. Tn selecting IGWE to be appointed as Assistant City Attorney, the ClTY
A'I-FORNEY has relied on all information and materials appearing on or furnished in
connection with his application for that position, including representations made in oral
in~ervews. IGWE represents that all such information and materials are accurate,
comp ete, and authentic and that he is qualified to serve as Assistant City Attorney.
; D. The C1TY and IGWE wish to reduce their agreements to writing in order to
describe their relationship with each other, to provide a basis for effective
ommumcatlon between them as they fulfill their respective governance and
adm n strative functions in the City Attorney's Office of the C1TY and to enhance
adm n'stratlve stab ty and continuity within the Police Department.
TERr4S~ CONDITIONS~ AND COVENANT~
Accordingly, on the foregoing premises and in consideration of the mutual
covenants contained in this contract, the C1TY and ~'GWE agree as follows:
ARTICLE I
Agreement for Appointment
1.1 The Ci-I'Y ATTORNEY hereby appoints [GWE to serve as Assistant
City Attorney for the C1TY and 1GWE hereby accepts that appointment and undertakes
that appointment.
1.2 ~GWE is an at will employee of the CITY. By acceptance of this
contract ~GWE aCknowledges that there has been no representation or promise,
express or implied fixing the term of his appointment.
ARTZCLE 2
Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the CI-I'Y
A'I-I-ORNEY'S responsibilities and direction for the overall operation of the Legal
Department, TGWE shall:
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 CTI-Y 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 C1TY A'I-FOP, NEY or his/her designee.
2.2.~t 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 C1TY 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, [GWE 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 Assodations.
2.3.2 with prior approval of the C1TY 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
2.3.3 'provided it does not conflict with the position of Assistant City
Attorney and with -Prior approval of the C~I-Y ATI'ORNEY, write, teach, consult, and
lecture.
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
TGWE shall receive a performance evaluation from the CITY
ATrORNEY 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
al~plicable to other CI-I-Y personnel. Wage adjustments shall be at the sole discretion of
the C~'I'Y A'I-i'ORNEY and are subject to the appropriation of funds by the City
Cbmmission.
ARTICLE 4
Compensation and Benefits
4.1 Base Salary. Effective October 7, :L999, the CiTY shall pay to
TGWE an annual salary of FORTY-NTNE THOUSAND AND NO/100 DOLLARS,
($49,000.00) payable in equal installments at the same intervals as the C~fY's
pei'sonnel are paid.
4.2 Business Expenses. The C1TY shall pay or reimburse IGWE
consistent with reimbursement policies for c~q-Y employees., and consistent with
Section 112.061, Florida Statutes.
4.3 Membership Fees. The C1TY shall pay TGWE'S Florida Bar
dues and the membership fees for participation in other professional organizations as
a ~
pproved by the C~-fY A'I-I'ORNEY.
4.4 Automobile. Mileage shall be reimbursed at the prevailing TRS
rate. For C1TY travel, ~GWE shall have access to a City vehicle. TGWE shall maintain a
use and mileage log documenting all automobile use and shall submit same in support
of any request for reimbursement.
4.4 Health Insurance. TGWE 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, :[998.
4.6 Life Insurance. :[GWE shall receive the same benefit provided to
non-union City employees hired after March 30, 1998,
4.7 Participation in Retirement System. [GWE shall receive the same
benefit provided to non-union employees hired after March 30, :[998.
4.8 Holidays. IGWE shall be entitled to observe the same paid legal
holidays as non-union employees hired after March 30, :[998.
4.9 Vacations~ Effective October 7, :[999, IGWE shall receive two
weeks paid vacation which shall accrue year to year. Vacation may be used at [GWE's
discretion following approval of the City Attorney.
4.:[0 Sick Leave. [GWE shall be entitled to accrue sick leave and be
subject to the same sick leave policies as non-union employees hired after March 30,'
:[998. ARTICLE 5
Indemnification and Reimbursement
5.1 Indemnification of the Assistant City Attorney. The CiTY
shall:
5.1.1 defend and indemnify TGWE 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.:[.2 pay any judgment that may be entered against [GWE 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 [GWE.
5.1.3 C[rI-Y reserves the right to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing defense.
4
ARTZCLE 6
Commencement of Contract
6.1 JGWE's appo ntment and the term of this Contract shall commence
on October 7, 1998.
ARTZCLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of [GWE and the C1TY;
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 c[q'Y A'ITORNEY 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 Pro-rated base salary for the effective date of the
termination plus sixty (60) days, calculated as follows: Employees' annual base salary
shall be divided by 365 days, and that sum shall be multiplied by 60 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 March 30, 1998;
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 March 30, 1998.
7.3 Rights and Obligations Upon Termination by Mutual
Agreement. Tf this Contract terminates upon mutual agreement df the parties, TGWE
shall be entitled to:
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 alter March 30, 1998;
7.4 Rights and Obligations Upon Termination Due to Disability
or Death. Tf this Contract terminates due to IGWE's physical disability or death, TGWE
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 TGWE performed
services to or on behalf of the C1TY;
7.4.2 reimbursement for as-yet unreimbursed expenses pursuant
to this Contract;
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. i - base salary through the date of resignation or such other
date as established by the CITY ATTORNEY;
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 March 30, 1998;
7.5.4
life and/or disability benefits if applicable.
ARTTCLE 8
Modification of Contract
8.! Modification and Amendment. No modification of or
amendment to this Contract shall be valid unless reduced to writing and signed by both
parties.
ARTTCLE 9
Inapplicability of Collective-Bargaining Agreements
9.1 No collective-bargaining agreement to which the C1TY is a party
shall in whole or in part govern, apply to, or be deemed part of or incorporated into this
Co!ntract.
ARTTCLE 10
Venue
:L0.1 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,
Florida.
ARTZCLE 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.
7
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 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
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the C~-I-Y and
IGWE. All prior agreements and understandings, whether written or oral, pertaining to
the C~-fY's appointment of IGWE are fullY abrogated and of no further force and effect
from and alter the date of this Contract.
15.2 Regardless of which party prepared the original draft and
subsequent revisions of this Contract, IGWE and the C~I'Y 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 earlier draft of the Contract shall have no evidentiary significance
regarding the contractual intent of the parties.
ARTTCLE 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.
~ ~.~.~C_~/~1~.._~ Dated:
NICHOLAS L TGWE
crl'Y ACH
BY: ~, ,/,¥V'--'p'v
]AMES CHEROF, C
By: H~'YO R /
S:c~\Agr\Igwe Agr\11/2/99