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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