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R98-166RESOLUTION NO. R98-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF DOUG A. SOLOMON AS TECHNICAL SERVICES MANAGER IN THE POLICE DEPARTMENT OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE JOB DESCRIPTION FOR TECHNICAL SERVICES MANAGER, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH DOUG A. SOLOMON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Doug A. Solomon as Technical Services Manager in the Police Department of the City of Boynton Beach, Florida, and approving the job description for Technical Services Manager, which is attached to said Contract; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Doug A. Solomon 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 Doug A. Solomon as Technical Services Manager in the Police Department of the City of Boynton Beach, Florida and approves the job description of Technical Services Manager, and authorizes the City Manager to execute an Appointment Contract on behalf of the City of Boynton Beach with' Doug A. Solomon 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 October, 1998, ATTEST: CitCClerk M~ayor ///' ,n/missioner Commissioner s:ca\res\employment\Solomon 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 DOUG A. SOLOMON. RECITALS The CITY and DOUG A. SOLOMON 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 DOUG A. SOLOMON as the Technical Services Manager for the CITY, and DOUG A. SOLOMON desires to undertake that appointment. C. In selecting DOUG A. SOLOMON to be appointed as Technical Services Manager 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. DOUG A. SOLOMON represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as Technical Services Manager, and that the performance of such duties are specialized in nature. D. The. CITY and DOUG A. SOLOMON 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 POlice Department of the CITY and to enhance administrative stability and continuity within the Police Department. E. The position of Technical Services Manager 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 DOUG A. SOLOMON. 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. G. Nothing herein shall constitute an abridgment or limitation on the rights S:ca~Agreements\Employment\Solomon 9116/98 - 1 - 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 DOUG A. SOLOMON 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 DOUG A. SOLOMON with summary written statement of the evaluation and provide an adequate opportunity for DOUG A. SOLOMON to discuss his evaluation with the MANAGER or his/her designee. Annually, the MANAGER or his/her designee and DOUG A. SOLOMON shall define such goals and performance objectives that they determine necessary for the proper operation of the Police Department and in attainment of the objectives and shall further establish a relative pdority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be g~nerally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the CITY. 3.2 Compensation reviews ar~. not subject to any specific formula applicable to other CITY personnel. Wage adjustments shall be at the sole discretion of t~e CITY MANAGER and are subject to the appropriation of funds by the City ~;ommission. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The CITY shall pay to DOUG A. SOLOMON an annual salary of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS, ($48,000.00) payable in equal installments at the same intervals as the CITY's management S:ca~Agreements\Employment\Solomon 9/16/98 -3- SOLOMON 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 DOUG A. SOLOMON. 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 DOUG A. SOLOMON's appointment and the term of this Contract shall commence on October 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 DOUG A. SOLOMON and the CITY; 7.1.2 upon DOUG A. SOLOMON's sustained inability for all or substantially all of 180 calendar days in a 190 day pedod 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 at any time by the CITY's unilateral termination of DOUG A. SOLOMON's Contract for the position. - 7.1.4 the death of DOUG A. SOLOMON. 7.1.5 the resignation of DOUG A. SOLOMON. 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 wdting, signed by the CITY MANAGER and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the CITY MANAGER, DOUG A. SOLOMON shall be entitled only to: S:ca~Agreernents\Employment\Solomon 9/16/98 '5- not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-uni.on 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. I~ this Contract terminates due to DOUG A. SOLOMON's resignation, DOUG A. SOLOMON 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 DOUG A. SOLOMON 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 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. 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, Flodda. S:caV~greements\Employment\Solomon 9116/98 -7- 15.2 Regardless of which party of party's counsel prepared the original draft and subsequent revisions of this Contract, DOUG A. SOLOMON and the CITY and their respective counsel have had equal opportunity to contribute to and I~ave 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, 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 binding on either party until both parties have signed it. ~ EXECUTED on the respective dates set forth below. OUG ~ SOLOMON CITY OF BOYNTON BEACH KERRY'WlLL~, CITY MANAGER Dated: , Oil-7_. Dated: Dated: S:ca~,greements\Employment\Solomon 9/16/98 -9- Information TeChnology Services Manager - pg. 2 Thorough knowledge of midrange computers, servers, networks, and PCs. Assists in conducting needs analysis to identify computer training needs; develops training course content; selects and interfaces with consultants when necessary. Assures equal opportunity in the work place; works toward accomplishment of cultural & workforce diversity by implementing affirmative action goals. Ability to implement software programs. Establishes/reviews/revises/clarifies and enforces rules and regulations for department; documents procedures, programs, etc. to ensure compliance. Accepts responsibility for actions and/or accomplishments of both unit and self. Sets and meets appropriate deadlines to coincide with department, needs and goals; determines and communicates the priority of issues. Complies with all established policies and procedures of the City including safety policies and procedures; reports accidents and incidents accordingly. Follow the expectations regarding the ethical conduct of profession and position. Participates ~% training programs, takes advantage of other continuing education opportunities, and/or reads professional publications to keep current bn techniques or methodologies appropriate to the job. Demonstrates working knowledge of relevant law, rules and regulations within the profession and utilizes legal sources when necessary leading to knowledgeable decisions. Demonstrates effective oral and written communications skills; conveys ideas and information clearly and concisely. I¢~eeps abreast of current standards, regulations, investigations, etc. to remain current in field; keeps appropriate personnel abreast of current information, events, etc. Establishes and maintains an effective working relationship with employees, and other departments/agencies; projects a positive, impression when dealing with the general public. supervisors, professional Recommends amount and type of materials/equipment to procure; compares prices for replacement parts to ensure best price/quality; coordinates repair/replacement of obsolete or malfunctioning equipment. Information Technology Services Manager - pg.4 Physical Demands: Degree of Physical Demands (Strength) usually associated with this classification: Medium Work: Exerting or moving up to 50 pounds of force occasionally, and/or up to 25 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. This position at times may require walking or standing to a significant degree. Types of Physical Demands usually associated with this classification: bStooping, Kneeling, Crouching: (Stooping -0 Bending body downward and forward by ending spine at ~aist). (Kneeling - Bending legs at knees to come to rest on knee 6r knees). (Crouching - Bending body downward and forward by bending legs and spine). Reaching, Handling, Fingering, Feeling: (Reaching - Extending the hand(s) and arm(s) in any direction). (Handling - Seizing, holding, grasping, turning or otherwise working with hand or hands', fingering not invo!ved). (Fingering - Picking, pinching or otherwise working with fingers primarily, rather than with whole hand or arm as in handling). (Feeling - Perceiving attributes of objects such as size, shape, temperature or texture by .means of receptors in skin, partiCularly those of fingertips). Talking, Hearing, Seeing: (Talking - Expressing or exchanging ideas by means of spoken word). (Hearing -Perceiving nature of sounds by ear). (Seeing - The ability to perceive the nature of objects by the eye). )riving: Must be able to operate a motor vehicle and possess a current Florida Driver's icense. 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. Machine, Tools, Equipment, and Work Aids which may be representative, but not all inclusive, of those commonly associated with this type of work: Adding Machine, Calculator, Charts, Forms, Ledgers., Text Books, Computers Midrange, servers and PCs, Telephone, Etc.