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R98-168RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF HANNA MATRAS AS ECONOMIC RESEARCH ANALYST IN THE DEVELOPMENT DEPARTMENT OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER AND MAYOR TO EXECUTE AN APPOINTMENT' CONTRACT ON BEHALF OF THE CITY WITH HANNA MATRAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Hanna Matras as Economic Research Analyst in the Development Department of 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 Hanna Matras 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 Hanna Matras as Economic Research Analyst in the Development Department of the City of Boynton Beach, Florida and authorizes the City Manager and the Mayor to execute an Appointment Contract on behalf of the City of Boynton Beach with Hanna Matras, 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 October, 1998. ATTEST: CityC'Clerk Vice Mayor,/~/ / MaWr 1Sro Tem '/ Commissioner APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the CITY OF ~OYNTON BEACH, Florida, (the "CITY") by and through its City Manager ("CITY ~ANAGER") and HANNA MATRAS. RECITALS The CITY and HANNA MATRAS acknowledge the following premises for this ontract: A. CITY MANAGER is the Chief Executive Officer of the CITY and is ~uthorized, 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 HANNA IATRAS as the Economic Research Analyst for the CITY, and HANNA MATRAS lesires to undertake that appointment. C. In selecting HANNA MATRAS to be appointed as Economic Research knalyst for the CITY, the CITY MANAGER has relied on all information and materials appearing on or furnished in connection with her application for that position, including .r~gpresentations made in oral interviews. HANNA MATRAS represents that all such information and materials are accurate, complete, and authentic and that she is qualified to serve as Economic ResearCh Analyst, and that the performance of such duties are specialized in nature. D. The CITY and HANNA MATRAS wish to reduce their agreements to criting in order to describe their relationship with each other, to provide a basis for ~ffective communication between them as they fulfill their respective governance and ~dministrative functions in the operation of the Development Department of the CITY ~nd to enhance administrative stability and continuity within the Development )epartment. E. The position of Economic Research Analyst is a contractual-appointment ~y the CITY MANAGER of an individual in a specialized field and not a civil service ~osition and neither the City's Civil Service Rules and Regulations nor the Personnel ~olicy Manual (PPM) are applicable to HANNA MATRAS. F. Nothing herein shall constitute an abridgment of or limitation to the rights ~nd powers of the MANAGER to manage the work force of the CITY and to organize, eorganize, create, or abolish the CITY work force, including the appointment 9ferenced herein. ~Agreements\Employment\Matras .~v. 9/21/98 - 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 HANNA MATRAS agree as follows: ARTICLE Ag reement for Appointment 1.1 The CITY MANAGER hereby appoints HANNA MATRAS to serve as Economic Research Analyst for the CITY and HANNA MATRAS hereby accepts that appointment and undertakes that appointment. 1.2 HANNA MATRAS is an at will employee of the CITY. By acceptance of this Contract HANNA MATRAS acknowledges that there has been no representation or promise, express or implied fixing the term of the 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, HANNA MATRAS shall: 2.1.1 Serve as the Economic Research Analyst 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 Development Department 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, the Economic Research Analyst 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 during normal working hours and at City related events after normal business hours. s:ca~Agreements\Employment\Matras Rev. 9/21/98 -2- 2.2.2 perform her duties and obligations faithfully, industriously, and to the best of her ability, 2.2.3 not engage in conflicting outside employment except with prior · written disclosure to and written consent of the CI~ 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 her 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 lhfe performance of HANNA MATRAS at least once annually in advance of the adoption 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 d~dded to or deleted from as MANAGER or his/her designee may from time to time etermine. Further, the MANAGER or his/her designee shall provide HANNA MATRAS vith summary written statement of the evaluation and provide an adequate opportunity or HANNA MATRAS to discuss her evaluation with the MANAGER or his/her designee. ~,t HANNA MATRAS' first six month evaluation, provided she has achieved the goals ;et forth by the Director of Development, she will be paid an additional lump sum bonus not to be included in base pay) in the amount of $1,000.00. Annually, the MANAGER or his/her designee and HANNA vlATRAS shall define such goals and performance objectives that they determine ~ecessary for the proper operation of the Development Department and in attainment of he objectives and shall further establish a relative priority among those various goals ~nd 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. 3.2 Compensation reviews are not subject to any specific formula t~pplicable to other CITY personnel. Wage adjustments shall be at the sole discretion of e CITY MANAGER and are subject to the appropriation of funds by the City Commission. 4.1 ; ca~Agreements'~F_.mployment\Matras ev. 9/21/98 ARTICLE 4 Compensation and Benefits Base Salary. The CITY shall pay to HANNA MATRAS an annual -3- salary of TWENTY-EIGHT THOUSAND ONE HUNDRED FORTY-TWO AND 40/100 ($28,142.40) DOLLARS, payable in equal installments at the same intervals as the CITY's management personnel are paid. 4.3 same benefit provided 4.4 Disability Insurance. HANNA MATRAS shall receive the same benefit provided to non-union City employees hired after Mamh 30, 1998. 4.5 Life Insurance. HANNA MATRAS shall receive the same benefit provided to non-union City employees hired after March 30, 1998. 4.6 Participation in Retirement System. Retirement benefits shall be provided to HANNA MATRAS aS set forth on Exhibit ,'B". 4.7 Holidays. HANNA MATRAS shall be entitled to observe the same paid legal holidays as non-union employees hired after March 30, 1998. 4.8 Vacations. HANNA MATRAS shall be entitled to 'Observe the same vacation accrual as non-union employees hired after March 30, 1998. 4.9 Sick Leave. HANNA MAT~S shall be entitled to accrue sick leave and be subject to the same sick ~leave policies as non-union employees hired after March 30, 1998. ARTICLE .5 Indemnification and Reimbursement Indemnification of the Economic Research Analyst. The CITY 5.1 shall: 5.1.1 defend and indemnify HANNA MATRAS against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of her duties and responsibilities pursuant to this Contract; and 5.1.2 pay any judgment that may be entered against HANNA MATRAS 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 s:ca~,greements'~Employment\Matras Rev. g/21/98 "4- Intentional wrongdoing by HANNA MATRAS. 5.1.3 CITY reserves the right to select, appoint, discharge legal counsel necessary to provide the foregoing defense. ARTICLE 6 6.1 :ommence on retain, or Duration of Contract HANNA MATRAS's appointment and the term of this Contract shall ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of HANNA MATRAS and the .~ITY; 7.1.2 upon HANNA MATRAS's sustained inability for all or substantially ~11 of 180 calendar days in a 190 day period to perform all or substantially all of her tuties and obligations pursuant to this Contract as a result of physical or mental illness Dr 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 HANNA MATRAS's Contract for the position. 7.1.4 the death of HANNA MATRAS. 7.1.5 the resignation of HANNA MATRAS. A resignation shall be ;ubmitted in writing and shall provide for a actual resignation date no later than forty- ive (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY. Jnilateral termination shall be in writing, signed by the CITY MANAGER and need not effect perfOrmance related reasons. If this Contract is terminated by unilateral action >y the CITY MANAGER, HANNA MATRAS shall be entitled only to: 7.2.1 ca~Agreements~EmploymenttMalras ev. 9/21/98 reimbursement for as-yet unreimbursed expenses pursuant -5- to this Contract; 7.2.2 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after March 30, 1998; 7.2.3 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law,~ according to the schedule/formula for non-union employees hired after March 30, 19981 7.3 Rights and Obligations, Upon Termination by Mutual Agreement. If this Contract terminates upon: mUtual agreement of the parties, HANNA MATRAS shall be entitled to: 7.3.1 base salary accrued to the agreed date of termination; 7.3.2 to this ContraS; reimbursement for as-yet unreimbursed expenses pursuant 7.3.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after March 30, 1998; 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after= March 30, 1998; 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to HANNA MATRAS's physical disability or ' death, HANNA MATRAS 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 HANNA MATRAS performed services, to or on behalf of the CITY; 7.4.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7,4.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after March 30, 1998; and 7.4.4 life and/or disability benefits if applicable. s:ca~Agreernents\Employment\Matras Rev. 9/21/98 -6- 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to HANNA MATRAS's resignation, HANNA MATRAS hall 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 HANNA MATRAS 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 March 30, 1998; 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. 10.1 qr breach of any Florida. 11.1 s:ca~Agreements~Empioyment',J~latras Rev. 9F21/98 ARTICLE 10 Venue Any civil action arising out of this Contract or the nonperformance covenant contained init shall be brought only in Palm Beach County, ARTICLE tl Waiver The CITY's waiver of any breach of any term, condition, or -7- 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 HANNA MATRAS'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 HANNA MATRAS. All prior agreements and understandings, whether written or oral, pertaining to the CITY's appointment of HANNA MATRAS are fully abrogated and of no further force and effect from and after the date of this Contract. 15.2- Regardless of which party of party's counsel prepared the original draft and subsequent revisions of this Contract, HANNA MATRAS 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 s:ca~greements~Employment~Matras Rev. 9/21/98 -8- 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 iontractual intent of the parties. ARTICLE 16 Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, ~ach of which shall be deemed an original and all of which together shall be deemed )ne and the same instrument. No term, condition, or covenant of this Contract shall be )inding on either party until both parties have signed it: EXECUTED on the respective dates set forth below. Dated: ~ITY OF BOYNTON BEACH KERRY V~ILLI~,/ClYY'-MANAGER Dated: Dated: //~//%//? ~ / a~Agreements~mployment\Matras ev. 9/21198 -9- ECONOMIC RESEARCH ANALYST Nature of Work: This is a technical position'responsible for the analysis and planning of Boynton Beach economic developm6ht and its related issues. The person in this position will be responsible to the Manager (Acting) of Community Redevelopment in the Department of Development. Task Statements: Note: These examples are intended only as illustrations of the various types of work performed in this classi~cation. The omission of specific statement of duties does not exclude them from the position if the work is similar, related, or a logical assignment for this position. · Prepares industry mix, economic base, input-output, export-import, regional accounting studies describing the strengths, weaknesses and competitive advantages of Boynton Beach and its economy in relation to other municipalities in Palm Beach County and the South East Florida region. · Prepares economic impact and financial feasibility studies for specific economic and land development projects initiated by the Department and City Administration. · Conducts economic surveys for special purpose projects. · Prepares and maintains databases for economic development planning. · Prepares economic development actions for the Comprehensive Plan and annual economic programs of Boynton Beach. · Contributes data and analysis to the industrial, commercial, tourism promotion literature of Boynton Beach. · Prepares and updates a Town Monogram containing factual information about Boynton Beach for distribution to the general public. · Performs other assignments given to him/her by Manager. Education and Job Related Experience: · FoUr"year college'degree from an accredited college With a major ia economics. · Minimum of three years job-related experience ia a government agency or a cgnsulting firm. · Working knowledge of computer sof~ware for economic development, data processing, and spreadsheets. · Working knowledge of basic economic research methods and techniques, ~uch as input-output, linear programming, and pro-forma financial analysis of land development projects. · Working knowledge of economic development planaing procedures. · Ability to speak and communicate clearly and courteously. ECONOMIC RESEARCH ANALYST'- Page2 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 requires 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 - Expressing or exchanging ideas by mean.~ of spoken word. Hearing - Perceiving nature of sounds by ear. Seeing - The ability to perceive the nature of objects by the eye. Handling - Seizing, holding, grasping, mining or otherwise working with hand or hands, fingering not involved. Fingering - Picking, pinching or otherwise working with fingers primarily, rather than with whole hand or arm as in handling. Driving - Must possess a valid Florida Driver license. Environmental Conditions: Physical surroundings usually associated with classification: The worker is subject to inside environmental conditions- Protection from weather conditions but not necessarily fi-om temperature changes. Machines, Tools, Equipment, and Work A/ds which may be representative, but not all- inclusive, of those commonly associated with this type of work: Computer, typewriter, telephone, radio and base station, copier, FAX, Microfiche Reader & Printer, Dictaphone, calculator, pen, pencil, ruler, blueprints, charts, contracts, diagrams directives, documents, forms, manuals, publications, reference books, schedules, specifications, etc. \\CHXMAIN\SHRDATA~Development~Building-6870~Documents~JOB~Economic Resear0t Analyst.doc