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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. S:caV~,greements\Employment\Rumpf- Final -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 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 S:ca~greements\Employment\Rumpf- Final -2- 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 S:ca~Agreements\Employment\Rumpf- Final -3- 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 S:ca~Agreernents\Employment\Rumpf- Final -4- 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: S:ca~greements\Employment\Rumpf- Final -5- 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 S:ca~Agreements\Employment\Rumpf- Final -6- 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. S:ca~Agreements\Employment\Rumpf- Final -7- 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. S:ca~Agreements\Employment\Rumpf- Final -8- 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: S:ca~Agreements\Employment\Rumpf- Final -9- 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. ~ j :\shrdata\cc\wpkrnemoskrump f. doc