R98-167RESOLUTION NO. R98-/~/,~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF GEORGE MANTELL AS
STREET SUPERVISOR OF THE CITY OF BOYNTON
BEACH, FLORIDA AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN APPOINTMENT
CONTRACT ON BEHALF OF THE CITY WITH
GEORGE MANTELL; AND PROVIDING AN :EFFECTIVE
DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of George Mantell as Street Supervisor 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 George Mantell 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 George Mantell as Street Supervisor of 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 George Mantell,
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
ATTEST:
s:ca~res\employment\Mantell Reso
day of October, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Pro Tem
Co~s~ner
Commissioner
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT
,OYNTON BEACH, Florida, (the "CITY")
IANAGER") and GEORGE MANTELL.
is entered into between the CITY OF
by and through its City Manager ("CITY
RECITALS
The CITY and GEORGE MANTELL 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. -Fhe CITY MANAGER on behalf of the CITY desires to appoint GEORGE
klANTELL as the Street Supervisor for the CITY, and desires to undertake that
appointment.
C. In selecting GEORGE MANTELL to be appointed as Street Supervisor for
ti e CITY, the CITY MANAGER has relied on all information and materials appearing
e or furnished in connection with his application for that position, including
r~presentations made in oral interviews. GEORGE MANTELL represents that all such
ir~formation and materials are accurate, complete, and authentic and that he is qualified
to serve as Street Supervisor, and that the performance of such duties are specialized
ir nature.
D. The CITY and_GEORGE MANTELL wish to reduce their agreements to
~ riting in order to describe their relationship with each other, to provide a basis for
e[fective communication between them as they fulfill their respective governance and
administrative functions in the operation of the Streets Division of the Public Works
E,epartment of the CITY and to enhance administrative stability and continuity within the
,.c treets Division of the Public Works Department.
E. The position of Street Supervisor is a contractual appointment by the
£ ITY 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
I~lanual (PPM) are applicable to GEORGE MANTELL.
F. Nothing herein shall constitute an abridgment of or limitation to the rights
a ~d powers of the MANAGER to manage the work force of the CITY and to organize,
re;organize, create, or abolish the CITY work force, including the appointment
referenced herein.
S:ca ~Agreement s~Em ploymentMantell
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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
covenants contained in this contract, the CITY and
follows:
in consideration of the mutual
GEORGE MANTELL agree as
ARTICLE 1
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints GEORGE MANTELL to
serve as Street Supervisor for the CITY and GEORGE MANTELL hereby accepts that
appointment and undertakes that appointment.
1.2 GEORGE MANTELL is an at will employee of the CITY. By
acceptance of this Contract GEORGE MANTELL 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, GEORGE MANTELL shall:
2.1.1 Serve as the Street Supervisor 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 Streets
Division of the Public Works of the CITY as assigned by the CITY MANAGER or his/her
desig nee.
2.2 Manner of Performance. Except as otherwise expressly provided
by the contract, the Street Supervisor at all times shall:
2.2.1 devote ali his 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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9/24/98 -2-
2.2.2 perform his duties and obligations faithfully, industriously, and to
~e best of his ability.
2.2.3 not engage in conflicting outside employment except with prior
vritten 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
~dvance of all travel and activities that take him out of the office for more than a day at
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
t~e performance of GEORGE MANTELL at least once annually in advance of the
Cdoption 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 sha provide
~EORGE MANTELL with summary written statement of the evaluation and provide an
~dequate opportunity for GEORGE MANTELL to discuss his evaluation with the
4ANAGER or his/her designee.
Annually, the MANAGER or his/her designee and GEORGE
IANTELL shall define such goals and performance objectives that they determine
~ecessary for the proper operation of the Streets Division of the Public Works
~epartment and in attainment of the objectives and shall further establish a relative
p...riority among those various goals and objectives, which shall be reduced to writing.
C uch goals and objectives shall be generally attainable within the time limitations as
~pecifled in the annual operating and capital budgets and appropriations provided by
the CITY. -
3.2 GEORGE MANTELL may request a six month anniversary
(~ompensation review by the MANAGER or his/her designee. Compensation revieWs are
qot subject to any specific formula applicable to other CITY personnel. Wage
a~djustments shall be at the sole discretion of the MANAGER and are subject to the
availability of budgeted funds. '
ARTICLE 4
Compensation and Benefits
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4.1 Base Salary. The CITY shall pay to GEORGE MANTELL an
annual salary of THIRTY-FIVE THOUSAND TWO HUNDRED FIFTY-SIX AND 00/100
($35,256.00) 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 GEORGE
MANTELL consistent with reimbursement policies for CITY managerial employees.
4.3 Automobile. GEORGE MANTELL shall have use of a CITY
vehicle during all work hours. Said vehicle will be considered atake home vehicle, to
be used solely for on-call duties, and not for personal use.
4.4 Health Insurance, GEORGE MANTELL shall receive the same
benefit provided to non,union City emploYees hired'after March 30, 1998.
4.5 Disability Insurance. GEORGE MANTELL shall receive the same
benefit provided to non-union City employees hired after March 30, 1998.
4.6 Life Insurance. GEORGE MANTELL shall receive the same
benefit provided to non-union City employeeS hired after March 30, 1998.
4.7 Participation in Retirement System. Retirement benefits shall be
provided to GEORGE MANTELL as set forth on Exhibit "B".
4.8 Holidays. GEORGE MANTELL shall be entitled to observe the
same paid legal holidays as non-union employees hired after March 30, 1998.
4.9 Vacations. GEORGE MANTELL.shall be entitled to observe the
same vacation accrual as non-union employees hired after March 30, 1998.
4.10 Sick Leave. GEORGE MANTELL 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
5.1
Indemnification of the Street Supervisor. The CITY shall:
5.1.1 defend and indemnify GEORGE MANTELL 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
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9/24/98 -4-
5.1.2 pay any judgment that may be entered against GEORGE
MANTELL in a 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 GEORGE MANTELL.
5.1.3 CITY reserves the right to select, appoint, retain, or
ischarge legal counsel necessary to provide the foregoing defense.
ARTICLE 6
,Duration of Contract
6.1 GEORGE MANTELL's appointment and the term of this Contract
shall commence on
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of GEORGE MANTELL and the
7.1.2 upon GEORGE MANTELL'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
eJxtent not covered by applicable medical insurance maintained by the CITY) by a
li,;ensed physician selected by the CITY;
7.1.3 at any time by the CITY's unilateral termination of GEORGE
I~ ANTELL's Contract for the position.
fi'
U
9/2
7.1.4
the death of GEORGE MANTELL.
7.1.5 the resignation of GEORGE MANTELL. A resignation shall
"submitted in writing and shall provide for a actual resignation date no later than forty-
/e (45) days following the date of notice of resignation.
7.2 Rights and Obligations Upon Unilateral Termination by CITY.
nilateral termination shall be in writing, signed by the CITY MANAGER and need not
a~Agreem ents~Emp~oym entMantell
reflect performance related reasons. If this Contract is terminated by unilateral action
by the CITY MANAGER, GEORGE MANTELL shall be entitled only to:
7.2.1
plus ninety (90) days;
Prorated base salary for the effective date of the termination
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 March 30, 1998;
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 March 30, 1998.
7.3 Rights and Obligations
Agreement. If this Contract terminates upon
GEORGE MANTELL shall be entitled to:
Upon Termination by Mutual
mutual agreement of the parties,
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 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 GEORGE MANTELL's physical disability or
death, GEORGE MANTELL 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 GEORGE MANTELL
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~Ern ploymentMantell
9/24/98 -6 -
7.5.2
this Contract;
7.4.3 an amount fo~ 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.
7.5 Rights and Obligations Upon Termination Due to Resignation.
f this Contract terminates due to GEORGE MANTELL's resignation, GEORGE
~ANTELL shall be entitled only to the following compensation and benefits:
7.5.1 base salary through the date of resignation or such other
ate as mutually agreed to between GEORGE MANTELL and the CITY MANAGER;
reimbursement for as-yet unreimbursed expenses pursuant
7.5.3 an amount for accrued and unused sick and vacation leave,
ot 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
8.1
this Contract shall be valid unless reduced to writing and signed by both parties.
Modification or extension of Contract
Modification and Amendment. No modification of or amendment
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
o breach of any covenant contained in it shall be brought only in Palm Beach County,
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Florida.
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 GEORGE MANTELL's heirs and personal 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
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
GEORGE MANTELL. All prior agreements and understandings, whether written or oral,
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9/24/98 -8-
)ertaining to the CITY's appointment of GEORGE MANTELL are fully abrogated and of
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
lraft and subsequent revisions of this Contract, GEORGE MANTELL and the CITY and
heir respective counsel have had equal opportunity to contribute to and have
:ontributed to its contents, and this Contract shall not be :deemed to be the product of
~nd, therefore, construed against either of them.
15.3 The omission from this Contract of a term or provision contained in
n earlier draft of the Contract shall have no evidentiary significance regarding the
;ontractual 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.
~i,T~!~ i~respective dates set forth below',.
(~ITY'OF BOYNTON BEACH
KERRy (/VlLL~; CI~ MANAGER
MAYOR~
:a~Agreements'~Em ploym entMantell
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Dated: /0/7,/9B
Dated:
STREET SUPERVISOR
NATURE OF ~ORK:
This is technical and supervisory work in directing the operation,
streets, parking
for
and
from
or in-
: is re-
va:
is
(Note:
These examples are intended only as illustrations of the
,f work performed in this class. The omission of specific
does not exclude them from this position if the work
ora Logical assignment to the departments function.]
with
met
Supervises, plans and inspects streets, makes repairs to existing
stree rs, parking areas.
of walks, curbs, gutters and storm drains
es COSTS of projects, prepares requisitions for materlals aha--
; checks invoices and division payroll.
gns and reassigns.personnel; plans work procedures, and confers
t concerning such activities.
re , prepare~ necessary reports, specifies
rials to be used on jobs.
~rts of ma~erial and equipment used, work accomplished as
make
empl~
speci
Superintendent.
as'requited.
administrative type duties: regularly
.judgement and has the authority to
$~s the department head or administrative
supervision using specialized or
Services'Department requiring
ience or abil£by to execute special
general supervise.on.
· ment of
Know
work~
knowledge to crews under his supervision.
KNOI~L~DGgS, ABZ~[?Z~ AND SKILLS=
Considerable~ knowledge of the principles and practices of street
maintenance and repair.
Know!l of the function of street classifications such as express-
ways, ma~ arterial, collector and local streets.
o~ street construction, including capacity range, estabIish-
and soil stabilization.
the principles of sub-professional civil e~g£neering.
read and interpret blue prints and to follow grades
engineering computations. --
le knowledge of the occupational hazards peculiar to the
~dge of safety ~cau=£ons and ability to transmit such
con't.
STREET SUPERVISOR con't.
KNOWLEDGES, ABILITIES AND SKILLS: con't.
Ability to plan schedule and coordinate the activities of the em-
ployees under his supervision. Ability to supervise and manage large
and small labor crews.
Ability to establish and maintain effective working relationships
with other employees and the general public.
~ESIRABLE ~XPERIENCE AND TRAINING:
Considerable experience in the supervision of street facilities,
includingtheir construction, repair and maintenance.
Graduation from a standard high school, preferable supplemented by
~ddi~iona~ courses in engineering or any equivalent combination of
training and experience..
'" ' City of
Boynton Beach
I00 E. Boynton Beach Boulevard
P.O. Box310
Boynton Beach, Florida 33425-0310
Human Resourcesf {551} 375-6275
FAX: {561} 375-6274
To: Arthur L. Lee
Human Resources Manager
I would like to apply for the position of
Public Works
in ~e
Roads & Streets Supervisor
department which was
posted on July 2 199 8
I am currently employed in the Roads &
position of Foreman III
Streets
Division department, in the
3207
.Extension #
My qualificationS pertaining to this position are as follows:
EDUCATION: ltil~h School Diploma, numerous seminars
supervision skills and team building skills.
including
EXPERIENCE: See Attached
Home Pa
City~----'~~ ~ ~h // ZipCo~de33/~63 _HomePhone 966-6148
Employee# 1616 Date 07/06/98
"An Equal OPportunity/Affirmative Action/ADA Employer"
Listed below is mv experience that qualifies me for the position of Roads & Streets
Supervisor:
Worked for Standard & Tam, ac Inc. for seven (7) years as a Plant
Manager/Dispatcher/Batcl/man. Was responsible for the supervision of 18 employees
that included preparation of am~ual evaluations, payroll and uniform issuance. I was
responsible for working with contractors and sub-contractors for the supplying of
concrete. Prepared annual budget for the plant I was responsible for, and worked on a
satellite computer system entering and monitoring work orders. Also responsible for the
maintenance of 15 trucks.
I also have three (3) years' experience in asphalt repairs from major to minor repairs and
all concrete repair.
Currently am the Acting Roads & Streets Supervisor responsible for all aspects of the
Division. Have served as a Foreman for the Division for approximately a year and half.
Supervise:entire crew on all forms of street maintenance.
I believe that from my past experience and the on-the-job experience I have from
working in the Division that I am qualified to serve as the Roads & Streets Supervisor. I
am committed to offering the best job I know how and to working with the employees of
the Division creating a successful teamwork concept that will benefit the Public Works
Department along with the entire City of Boynton Beach.