R99-127RESOLUTION NO. R99-/~,~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF SUSANNE GLASS AS GOLF
COURSE RESTAURANT/BAR MANAGER AT THE
LINKS AT BOYNTON BEACH AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN APPOINTMENT
CONTRACT ON BEHALF OF THE CITY WITH
SUSANNE GLASS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of Susanne Glass as Golf Course Restaurant/Bar Manager at the Links at
Boynton Beach; and
WHEREAS, it is the desire of the City Commission to provide certain benefits
and requirements regarding the employment of Susanne Glass 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 Susanne Glass as Golf Course
Restaurant/Bar Manager at the Links at Boynton Beach and authorizes the City
Manager to execute an Appointment Contract on behalf of the City of Boynton
Beach with Susanne Glass, said Contract being attached hereto as Exhibit "A", and
incorporated herein by reference.
Section 2. This Resolution shall become effective immediately upon
passage.
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 SUSANNE GLASS.
RECITALS
The CITY and SUSANNE GLASS acknowledge the following premises for
this contract:
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.
The CITY MANAGER on behalf of the CITY desires to appoint
SUSANNE GLASS as Golf Course Restaurant/Bar Manager for the
CITY, and SUSANNE GLASS desires to undertake that
appointment.
In selecting SUSANNE GLASS to be appointed the Golf Course
Restaurant/Bar Manager for the CITY, the CITY MANAGER has
relied on all information and materials appeanng on or furnished in
connection with her application for that position, includi'ng
representations made in oral interviews. SUSANNE GLASS
represents that all such information and materials are accurate,
complete, and authentic and that she is qualified to serve as the
Golf Course Restaurant/Bar Manager and the performance of such
duties are specialized in nature.
Do
The CI'I-Y and SUSANNE GLASS wish to reduce their agreements
to writing in order to described their relationship with each other, to
provide a basis for effective cc,~unication between them as they
fulfill their respective governance and administrative functions in the
operation of the Golf Course Restaurant/Bar for the CITY and to
enhance administrative stability and continuity within the Golf
Course Restaurant/Bar.
The position of Golf Course Restaurant/Bar Manager 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
SUSANNE GLASS,
Nothing herein shall constitute an abridgement of or limitation to the
rights and powers of the MANAGER to manage the work force,
including the appointment referenced herein
Nothing herein shall constitute an abridgement or limitation on the
rights and powers of the CITY Commission to create or alter the
work force of the CiTY by the 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 SUSANNE GLASS agree as
follows:
ARTICLE I
1.1
The CITY MANAGER hereby appoints SUSANNE GLASS to serve
as Golf Course Restaurant/Bar Manager for the CITY and
SUSANNE GLASS hereby accepts that appointment and
undertakes that appointment.
1.2
SUSANNE GLASS is an at will employee of the CITY. By
acceptance of this Contract SUSANNE GLASS acknowledges that
there has been no representation or promise, express or implied
fixing the term of her appointment.
2.1
Principal Duties and Obligations. Subject to the CITY
MANAGER'S responsibilities and direction of the overall operation
of the CITY's work force, SUSANNE GLASS shall:
2.1.1
Serve as Golf Course Restaurant/Bar Manager of the CITY
and shall perform the job responsibilities as set forth on
Exhibit "A",
2.1.2
Perform such additional job responsibilities related to the
Golf Course Restaurant/Bar of the CITY as assigned by the
CITY MANAGER or his/her designee.
2.2
Manner of Performance. Except as otherwise expressly provided
by the contract, SUSANNE GLASS, 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 CITY dudng
3.1
3.2
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,
2.2.3
not engage ~n conflicting outside employment except with
prior written disclosure to and written consent of the CITY
MANAGER or his/her designee,
2.2.4
keep the CITY MANAGER or his/her desi§ nee fully informed
in advance of all travel and activities that take her out of the
office (restaurant/bar area) for more than a day at a time. All
travel must receive pdor written approval of the CITY
MANAGER or his/her designee.
ARTICLE 3
Annual Performance Goals and Evaluation
The Golf Director or his/her designee, shall review and evaluate the
performance of SUSANNE GLASS 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 Golf Director or his/her designee. The criteda
may be added to or deleted from as the Golf Director or his/her
designee may from time to time determine. Further, the Golf
Director or his/her designee shall provide SUSANNE GLASS with
summary written statement of the evaluation and provide and
adequate opportunity for SUSANNE GLASS to discuss her
evaluation with the Golf Director or his/her designee.
Annually the Golf Director or his/her designee and SUSANNE
GLASS shall define such goals and performance objectives that
they determine necessary for the proper operation of the Golf
Course Restaurant/Bar and in attainment of the objectives and shall
further establish a relative priodty among those vadous goals and
objectives, which shall be reduced to wdting. 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,
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.
ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to SUSANNE GLASS an annual
salary of THIRTY ONE THOUSAND, TWO HUNDRED
($31,200.00) DOLLARS, payable in equal installments at the same
intervals as the CITY's management personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse SUSANNE
G LASS consistent with reimbursement policies for CITY managerial
employees.
4,3 Health Insurance. SUSANNE GLASS shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.4 Dental Insurance. SUSANNE GLASS shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.5 Disability Insurance. SUSANNE GLASS shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.6 Life Insurance. SUSANNE GLASS shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.7 Participation in Retirement System.. GLASS shall be enrolled in
and shall enjoy all benefits provided under the General Employee Pension
Plan.
4.8 Holidays. SUSANNE GLASS shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.9 Vacations, SUSANNE GLASS shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.10 Sick Leave, SUSANNE GLASS shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.11 Wellness Program/City Gym. SUSANNE GLASS shall receive the
same benefit provided to non-union City employees hired after 10/1/91.
4.13 Educational Reimbursement. SUSANNE GLASS shall receive
the same benefit provided to non-union City employees hired after
10/1/91.
Indemnification and Reimbursement
5.1
Indemnification of the Golf Course Restaurant/Bar Manager. The
CITY shall:
5.1.1
defend and indemnify SUSANNE GLASS against all claims
and actions, civil or criminal, provided the claims or actions
adse out of and in the course of the performance of her
duties and responsibilities pursuant to this Contract.
5.1.2
pay any judgment that may be entered against SUSANNE
GLASS 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 SUSANNE GLASS.
5.1.3
CITY reserves the right to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing
defense.
Duration of Contract
6.1
SUSANNE GLASS' appointment and the term of this Contract shall
commence upon approval by Commission and successful
completion of pre-employment screening.
Termination of Contract
7.1 Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of SUSANNE GLASS and
the CITY;
7.1.2
upon SUSANNE GLASS' sustained inability for all or
substantially all of 180 calendar days in a 190 day period to
perform all or substantially all of her duties and obligations
7.2
7.3
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 SUSANNE
GLASS' Contract for the position;
7.1.4 the death of SUSANNE GLASS;
7.1.5
the resignation of SUSANNE GLASS. 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.
Rights and Obligations U pon 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 action by the CITY
MANAGER, SUSANNE GLASS shall be entitled to:
7.2.1
Prorated base salary for the effective date of the termination
plus thirty (30) days, calculated as follows: Employees'
annual base salary shall be divided by 365 days, and that
sum shall be multiplied by 30 days, less customary
withholding.
7.2.2 reimbursement for as-yet unreimbursed expenses pursuant
to this Contract;
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.
Rights and Obligations Upon Termination by Mutual
Agreement. If this Contract terminates upon mutual agreement of
the parties, SUSANNE GLASS shall be entitled to:
7.3.1 base salary accrued to the agreed date of termination;
7.4
7.5
7.3.2 reimbursement for as-yet unreimbursed expenses pursuant
to this Contract;
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 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 after
10/1/91.
Rights and Obligations Upon Termination Due to Disability or
Death. if this Contract terminates due to SUSANNE GLASS'
physical disability or death, SUSANNE GLASS 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 SUSANNE GLASS
performed services to or on behalf of the CITY;
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 10/1/91; and
7.4.4 life and/or disability benefrts, if applicable.
Rights and Obligations Upon Termination Due to Resignation.
If this Contract terminates due to SUSANNE GLASS' resignation,
SUSANNE GLASS 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 SUSANNE GLASS and
the CITY MANAGER.
7.5.2 reimbursement for as-yet unreimbursed expenses pursuant
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 10/1/91.
7.5.4 life and/or disability benefits, if applicable.
8.1
9.1
10,1
11.1
12.1
ARTICLE 8
Modification or extension of Contract
Modification and Amendment. No modification of or amendment
to this Contract shall be valid unless reduced to writing and signed
by both parties.
Inapplicability of Collective-Bargaining Agreements
No collective-bargaining agreement to which the CITY is. a party
shall in whole or part govem, apply to, or be deemed part of or
*ncorporated into this Contract.
Venue
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.
Waiver
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.
Applicability to Successors
This Contract shall be binding on and inure to the benefit of:
13.1
14.1
15.1
15.2
15.3
12.1.1 SUSANNE GLASS' heirs and representatives; and
12.1.2 The CITY regardless of changes in the persons holding
office as members of the CITY.
ARTICLE 13
Severability of Provisions
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.
Governing Law
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 Flodda.
Integration of All Agreements and Understandings
This Contract contains the entire agreement between the CITY and
SUSANNE GLASS. All pdor agreements and understandings,
whether written or oral, pertaining to the CITY's appointment of
SUSANNE GLASS ara fully abrogated and of no further fome and
effect from and after the date of the Contract.
Regardless of which party of party's counsel praparad the original
draft and subsequent revisions of this Contract, SUSANNE GLASS
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.
The omission from the 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.
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.
Dated:
SUSANNE GLASS
CITY OF BOYNTON BEACH
By: / [,(~ ~. J~ ~ ~ ~,~ ~
WIE~REo HAWKINS
INTE~M CI~ MANGER
~E~LD~RO~ING ~
MAYOR ~
Dated:
Approved a~s to For[n:
City Attomey
S:ca~agr~Glass\Golf
GOLF COURSE RESTAURANT/BAR MANAGER
PURPOSE OF CLASSIFICATION
m~gnly responsible work in the Planning ano suoerv~s~on of the restaurant/bar facilities of the golf course. The
emo~oyee in this position is resoonsible for the oalIy operations of the restaurant/bar facility including but not limited
~o staffing, ~nventory, cash accounting, ano customer service. Work is performed with considerable latitude for the
use of independent judgement in ~ne selection of WOrK me~noes and procedures and is subject to review by the Golf
DirecTor.
ESSENTIALFUNCTIONS
DirecTs the daily operations ofthe restauranUuar functions in the clubhouse, on-course beverage/snack cart and
on-course vendin§machines.
In erv ews applicants for restaurantJbar positions: recommends hiring, disciplinary actions and dismissals.
Trains staff, schedules personnel and approves Payroll time records of assigned employ(~es.
Directs continuing inventories of all restaurant/ear supplies.
Purchases peer, wine, liquor (if applicable), and items for bar: purchases all food items and kitchen supplies for
restaurant.
Assists personnel as necessary.
Counts daily receipts for restaurant/bar operation and prepares related reports.
Coordinates food/beverage service for all special events as required.
Responsible for keeping restaurant/bar area clean, orderly, and in compliance with all health, fire and safety
requirements
EstabliSh and maintain an operational procedures manual for the restaurantJbar.
Resoonsible for the general'maintenance of all restaurant/bar equipment.
Recommends any equipment repair/replacement as needed for the benefit of the operation.
ADDITIONAE FUNCTIONS
Serves~as back-up for other restaurant/bar staff as needed.
Performs related work as required.
MINIMUM QUALIFICATIONS
Associate in Science degree in Food Service Management.
Hold a current food management certification as required by the Dept. of Business and Professional Regulation
Divisior of Hotels and Restaurants.
Ability tO train and supervise personnel engaged in the food and beverage service activities.
Ability to effect the maintenance of inventory records and to prepare written reports.
Ability Io establish and maintain quality and cost control measures on restaurant/bar operations.
Ability to establish and maintain effective working relationships w~th employees and the general pupi~c
PERFORMANCE APTITUDES
Data Utilization: Requires tiqe ability toe rewew, classify, categorize, orioritize, and/or analyze data Incluoes
exercising discretion in determining Pa[a Classifications. and in referencing such analysis to established standards
for the purpose of recognizing actual or prouab~y interactive effects and relationships.
Human Interaction: Requires the ability to apply principles of aersuasion and/or influence over others.
Verbal Aptitude: Requires the ability to utilize a w~ae variety of reference, descriptive, and/or aowsory data and
nformat~on.
Mathe:matical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division the ability
to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs.
Functional Reasoninq: Requires the ability to apply principles of rational systems; to interpret instruct OhS
furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify
methods and standards to meet variabons in ass*dried objectives.
Situational Reaser~inq: Requires the ability to exercise judgment, decisiveness and creativity ~n s~tuabons
*nvotving evaluation of information agatnst measurable or verifiable criteria.
LETTER OF UNDERSTANDING
This Letter of Understanding is entered into this I?'~tJday of December, 1999
between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "City"), and SUSANNE
GLASS, (hereinafter "Employee").
WHEREAS, the parties are amenable to amending Section 4.$ of the Appointment
Contract between the CITY and GLASS;
NOW, THEREFORE in consideration of the mutual covenants expressed herein the
parties agree as follows:
1. The foregoing WHEREAS clauses are true and correct.
2. i Each party hereto h~s the power and authority to enter into this Agreement.
3. Article 4. Section 4.8. of the Contract between the CITY and GLASS is hereby
amended to read as follow:
4.8 Holidays. SUSANNE GLASS shall receive the same benefit
prgvided to non-union, managerial (exempt) City employees.
4. Each and every other provision of the Appointment Contract of Susanne Glass,
d~ted September 27, 1999, shall remain in full force and effect.
CITY OF BOYNTON BEACH
j~ Employge
$:ca\agr\employee$\L\U - Contract Employees. GLA$8
DATE:
'TO:
FROM:
RE:
MEMORANDUM
December 20, 1999
Sue Kruse, City Clerk
Judy Solomon, Legal Secretary
Suzanne Glass
Attached is the original Letter of Understanding which needs to be attached to
th~ Contract. Thanks.
cc:
J. Sciortino (w/enclosure)
Arthur Lee (w/enclosure)
s:Sa\depts\city clerk\glass.mem