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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 ~/~ - 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 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. S:ca'~Agreements'~Em ploymentMantell 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 S.ca~Agreements[EmploymentMantell 9124/98 -3- 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 S:ca~Agreem ents\Employm entMantell 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, it/sgreements\EmploymentMantetI ' -7- 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, S:ca',Agreements\Empioyment Mantell 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 '.4/98 - 9 - 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.