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.
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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 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.
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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
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ARTICLE 4
Compensation and Benefits
Base Salary. The CITY shall pay to HANNA MATRAS an annual
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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
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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
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reimbursement for as-yet unreimbursed expenses pursuant
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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.
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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
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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
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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
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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: //~//%//? ~
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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