R99-041RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF MICHAEL W. RUMPF AS
DIRECTOR OF PLANNING AND ZONING FOR THE
CITY OF BOYNTON BEACH, FLORIDA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
APPOINTMENT CONTRACT ON BEHALF OF THE
CITY WITH MICHAEL W. RUMPF; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of MICHAEL W. RUMPF as Director of Planning and Zoning 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 MICHAEL W. RUMPF 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 MICHAEL W. RUMPF as Director of
Planning and Zoning 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 MICHAEL W. RUMPF, said Contract being attached hereto as Exhibit
"A", and incorporated herein by reference.
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ?¢, day of March, 1999.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
viE'e bi. ayor ~ Y
Commissioner,,.
Commissioner
s:ca\res\employment'~Rumpf 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 MICHAEL W. RUMPF ("RUMPF").
RECITALS
The CITY and RUMPF 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 RUMPF as
the Director of Planning and Zoning Division of the Development Department of the
CITY, and RUMPF desires to undertake that appointment.
C. In selecting RUMPF to be appointed as the Director of Planning and
Zoning Division of the Development Department of 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, including representations made in oral interviews.
RUMPF represents that all such information and materials are accurate, complete, and
authentic and that he is qualified to serve as Director of Planning and Zoning Division of
the Development Department, and that the performance of such duties are specialized
in nature.
D. The CITY and RUMPF 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 in the Planning and Zoning Division of the CITY and to
enhance administrative stability and continuity within the Development Department.
E. The position of Director of Planning and Zoning Division of the
Development Department is a contractual appointment by the CITY MANAGER of an
individual in a specialized field and not a civil service position and neither the City's Civil
Service Rules and Regulations nor the Personnel Policy Manual (PPM) are applicable
to RUMPF.
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 the appointment
referenced herein.
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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 RUMPF agree as follows:
ARTICLE 1
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints RUMPF to serve as Diector
of Planning and Zoning Division of the Development Department for the CITY and
RUMPF hereby accepts that appointment and undertakes that appointment.
1.2 RUMPF is an at will employee of the CITY. By acceptance of this
Contract RUMPF 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 CITY
MANAGER's responsibilities and direction for the overall operation of the CITY's work
force, RUMPF shall:
2.1.1 Serve as the Director of Planning and Zoning Division of the
Development Department of the CITY and shall perform the job responsibilities as set
forth on Exhibit "A,"'
and Zoning
designee.
2.1.2 Perform such additional job responsibilities related to the Planning
Division of the CITY as assigned by the CITY MANAGER or his/her
2.2 Manner of Performance. Except as otherwise expressly provided
by the contract, the Director of Planning and Zoning Division of the Development
Department of 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 CITY during normal working hours and
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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 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 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 CITY MANAGER.
ARTICLE 3
Annual Performance Goals and Evaluation
3.1 The CITY MANAGER or his/her designee shall review and evaluate
the performance of RUMPF 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 MANAGER or his/her designee. The criteria may be
added to or deleted from as MANAGER or his/her designee may from time to time
determine. Further, the MANAGER or his/her designee shall provide RUMPF with
summary written statement of the evaluation and provide an adequate opportunity for
RUMPF to discuss his evaluation with the MANAGER or his/her designee.
Annually, the MANAGER or his/her designee and RUMPF shall
define such goals and performance objectives that they determine necessary for the
proper operation of the Planning and Zoning Division and in attainment of the objectives
and shall further establish a relative priority among those various 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.
3.2 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 RUMPF an annual salary of
FIFTY-SEVEN THOUSAND AND NO/100 DOLLARS ($57,000.00), payable in equal
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installments at the same intervals as the CITY's management personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse RUMPF
consistent with reimbursement policies for CITY managerial employees.
4.3 Automobile. RUMPF shall be compensated for use of his
personal vehicle for city business in the amount of $275.00 per month.
4.4 Health Insurance. RUMPF shall receive the same benefit
provided to non-union City employees hired prior to October 1, 1991.
4.5 Disability Insurance. RUMPF shall receive the same benefit
provided to non-union City employees hired prior to October 1, 1991.
4.6 Life Insurance. RUMPF shall receive the same benefit provided to
non-union City employees hired prior to October 1, 1991.
4.7 Participation in Retirement System. RUIVlPF shall continue to be
enrolled in and shall enjoy all benefits provided under the General Employee Pension
Plan,
4.8 Holidays. RUMPF shall be entitled to observe the same paid legal
holidays as non-union employees hired prior to October 1, 1991.
4.9 Vacations. RUMPF shall be entitled to observe the same
vacation accrual as non-union employees hired prior to October 1, 1991.
4.10 Sick Leave. RUMPF shall be entitled to accrue sick leave and be
subject to the same sick leave policies as non-union employees hired prior to October
1, 1991.
ARTICLE 5
Indemnification and Reimbursement
5.1 Indemnification of the Director of Planning and Zoning
Division of the Development Department of the City of Boynton Beach. The CITY
shall:
5.1.1 defend and indemnify RUMPF 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 RUMPF in a
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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 RUMPF.
5.1.3 CITY reserves the right to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing defense.
ARTICLE 6
Duration of Contract
6.1 RUMPF's appointment and the term of this Contract shall
commence on December 1, 1998.
ARTICLE 7
Termination of Contract
7.1 Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of RUMPF and the CITY;
7.1.2 upon RUMPF'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
Contract for the position.
7.1.4
at any time by the CITY's unilateral termination of RUMPF's
the death of RUMPF.
7.1.5 the resignation of RUMPF. 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 CITY MANAGER and need not
reflect performance related reasons. If this Contract is terminated by unilateral action
by the CITY MANAGER, RUMPF 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
divided by 365 days, and that sum shall be multiplied by 90 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 prior to 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 prior to October 1, 1991.
7.3 Rights and Obligations Upon Termination by Mutual
Agreement. If this Contract terminates upon mutual agreement of the parties, RUMPF
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 prior to 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 prior to October 1, 1991;
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to RUMPF's physical disability or death, RUMPF
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 RUMPF performed
services to or on behalf of the CITY;
7.4.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
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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 prior to October 1, 1991; 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 RUMPF's resignation, RUMPF 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 RUMPF 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 prior to October 1, 1991;
7.5.4
life and/or disability benefits if applicable.
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.
ARTICLE 10
Venue
10.1 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.
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ARTICLE 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 RUMPF'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
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 CITY and
RUMPF. All prior agreements and understandings, whether written or oral, pertaining
to the CITY's appointment of RUMPF 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, RUMPF 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 provision contained in
an earlier 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.
MICHAEL W. RUMP¢'
CITY OF BOYNTON BEACH
CITYiV1-A~ GER ' : '
Dated:
Dated:
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DIRECTOR OF PLANNING AND ZONING
Nature of Work:
This is responsible professional and administrative work as
the City Planner. Work involves responsibility for formulating and
carrying out technical details and phases of the general plan for
the future comprehensive development and implementing the land
development regulations of the City. The employee in this class
supervises and directly participates in the performance of
specialized planning activities and research essential to the
preparation of the general plan and Land Development Regulations.
He is responsible for the coordination and successful execution of
studies and programs. Examples of such studies and ~rograms can
include, but are not limited to: property, disposition of public
land, and long range planning matters such as the development of a
master plan covering trafficways, land use, parks, and recreation
and public facilities. Responsible for updating and amending the
Land Development Regulations of the City. This would also include
analyzing the City's eligibility for any and all federal grants.
Work is performed under the general direction of the City Manager,
but with considerable latitude for individual judgement and
initiative and is reviewed by conference and by observation of
results achieved.
Task Statement(s):
Note: These examples are intended only as illustrations of
the various types of work performed in positions allocated to this
class. The omission of specific statements of duties does not
exclude them from this position if the work is similar, related, or
a logical.assignment to the position.
Assigns-and checks progress of the technical planning activities of
the department.
Suggests time priority of specific pro~ects in accordance with
their necessity and desirability and the time limits set for
completion.
Reviews applications for Planning and Zoning Board for changes in
zoning, changes in zoning ordinances, subdivision of land, vacation
of streets, site plans and other land developments petitions.
Prepares guidelines of surveys to be prepared and specifies who
will be involved in the makeup of the master plan.
Oversees all budgetary matters and equipment used within the
department.
Prepares final reports and recommendations to the Planning and
Zoning Board.
DIRECTOR OF PLANNING AND ZONING Page 2 of 3
Acts as technical advisor to Department Heads and similar officials
on planning matters.
Performs related work as required.
Makes application and applies for any type of grants in which the
City may be eligible to participate.
Performs the following executive type duties: interviews, selects
and trains employees; directs work assignments; maintains
production records for use in supervision of control; appraises
productivity or efficiency for the purpose of recommending
promotions or other changes in status; handles complaints and
grievances, plans work, and provides safety of employees.
Possess thorough knowledge of the principles and practices of the
City and regional planning.
Speaks or writes to public groups and civic organizations.
Possess considerable knowledge of economics, municipal finance,
urban sociology and the principles and practices of architecture
and traffic engineering as applied to urban planning..
Directs and performs technical research to study, analyze and
present in report form the results of such research.
Directs a continuous and comprehensive urban planning program.
Maintains current information on any and all available grants.
Establishes and maintains an effective working relationship with
other employees, supervisors, and other departments/agencies;
creates a positive and professional impression in dealing with the
general public.
Makes appropriate decisions and reacts with good judgement in
changing situations or under pressure.
Education and Job Related Experience:
Over five (5) years Job related experience as a City Planner or
Assistant City Planner in the State of Florida and Bachelors
Degree, Masters Degree preferred, in Urban or City Planning.
Prefer member of American Institute of Certified Planners or an
equivalent combination of training, education and experience. Must
have a current valid Florida Driver's license.
DIRECTOR OF PLANNING AND ZONING
Page 3 of 3
Physical Demands:
Degree of physical demands (strength) usually associated with this
classification:
Light work: Exerting up to 20 pounds of force occasionally and/or
up to 10 pounds of force frequently and/or a negligible amount of
force constantly to move objects. Physical demand requirements are
in excess of those for sedentary work. Light work usually requires
walking or standing to a significant degree. However, if the use
of arm and/or leg controls require exertion of forces greater than
that for sedentary work and the worker sits most of the time, the
job is rated for light work.
Types of physical demands usually associated with this
classification:
Talking, hearing, seeing: (talking - expressing or exchanging
ideas by means of spoken word). (hearing - perceiving nature of
sounds by ear). (seeing - the ability the perceive the nature of
objects by the eye).
Environmental Conditions:
Physical surroundings usually associated with classification:
The worker is subject to inside Environmental conditions;
protection from weather conditions but not necessarily from
temperature changes.
Machines~ Tools~ Equipment and Work Aids which may be
representative, but not all inclusive of those commonly associated
with this type of work:
Telephone, adding machine, blueprints, guide books, measuring
instruments, public records, federal and state statute books,
reference books, etc.
RESOLUTION NO. ~?-~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF MICHAEL W. RUMPF AS
DIRECTOR OF PLANNING AND ZONING FOR THE
CITY OF BOYNTON BEACH, FLORIDA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
APPOINTMENT CONTRACT ON BEHALF OF THE
CITY WITH MICHAEL W. RUMPF; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of MICHAEL W. RUMPF as Director of Planning and Zoning for the City of
Boynton Beach, Florida; and
WHEREAS, it is the d~sire of the City Commission to provide certain benefits
and requirements regarding'the° employment of MICHAEL W. RUMPF 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 MICHAEL W. RUMPF as Director of
Planning and Zoning 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 MICHAEL W. RUMPF, 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 ?~, day of March, 1999.
ATTEST:
'Cite'Clerk ~
CITY OF BOYNTON BEACH, FLORIDA
~/ /:/: ~ /
Vi6~ Mayor ?'
Mayor~ Tern //"
Commissioner
Commissioner
s:ca~'es\employment\Rumpf Reso
MEMORANDUM
TO:
FROM:
DATE:
RE:
MIKE RUMPF
DIRECTOR OF PLANNING AND ZONING
SUE KRUSE, CITY CLERK
MARCH 25, 1999
RESOLUTION #R99-41 and ORIGINAL CONTRACT
Attached please find a copy of the above mentioned resolution and the original
Appointment Contract. Please sign~tat~Tfi~e indicated and retum~r-ou~.~
Central Files. Thank you. ~
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