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R98-039RESOLUTION NO. R~-~'~::~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE FOLLOWING APPOINTMENTS AS PART OF THE REORGANIZATION PLAN OF THE CITY OF BOYNTON BEACH: WILFRED HAWKINS, AS MANAGER OF SUPPORT SERVICES; PATRICK HUGHES AS MANAGER OF INFORMATION TECHNOLOGY SERVICES; ARTHUR LEE AS MANAGER OF HUMAN RESOURCES; AND WILLIAM DEBECK, AS FACILITIES MANAGEMENT SUPERVISOR; AUTHORIZING AND DIRECTING THE CITY MANAGER AND MAYOR TO ENTER INTO AN EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH EACH OF THESE INDIVIDUALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to employ the services of Wilfred Hawkins, Patrick Hughes, Arthur Lee and William DeBeck, as Manager of Support Services, Manager of Information Technology Services, Manager of Human Resources and Facilities Management Supervisor, respectively and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of each of the above individuals by the City; and WHEREAS, each of the above referenced employees wish to accept employment with the City of Boynton Beach, Florida, under the terms and conditions mutually agreed upon; 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 appointments of Wilfred Hawkins, Patrick Hughes, Arthur Lee and William DeBeck, as Manager of Support Services, Manager of Information Technology Services, Manager of Human Resources and Facilil~ies Management Supervisor, respectively, and directs the City Manager and Mayor to execute an employment agreement with each of the above referenced individuals on behalf of the City of Boynton Beach, said Agreements being attached hereto as Exhibit "A", "B", "C" and "D" resectively, and incorporated herein by reference. Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /.~' day of February, 1998. ATTEST: Cite'Clerk CITY OF BOYNTON BEACH, FLORIDA Mayor ~~ . ~i¢oner ~/ / ~ Commlsslo~or ~r~ contracts - reorg. , ? APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into BOYNTON BEACH, Florida, (the "CITY") by and through MANAGER") and PATRICK HUGHES ("HUGHES"). between the CiTY OF its City Manager ("CITY RECITALS The CITY and HUGHES acknowledge the following premises for this contract: A. CITY MANAGER is the Chief Executive Officer of the CITY and is authorized, pursuant to Sectioh 72.1(b)to appoint individuals in a specialized field. B. The CITY MANAGER on behalf of the CITY desires to appoint PATRICK HUGHES as the INFORMATION TECHNOLOGY SYSTEMS MANAGER for the CITY, and desires to undertake that appointment. C. In selecting HUGHES to be appointed as INFORMATION TECHNOLOGY SYSTEMS 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. HUGHES represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as INFORMATION TECHNOLOGY SYSTEMS MANAGER and that the performance of such duties are specialized in nature. D. The CITY and HUGHES 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 operation of the Information Technology Systems (ITS) Department of the CITY and to enhance administrative stability and continuity within the ITS Department. E. The position of INFORMATION TECHNOLOGY SYSTEMS MANAGER is a contractual appointment by the CITY MANAGER of an individual in a specialized field and not a civil service position and the CITY's Civil Service Rules and Regulations are not applicable to HUGHES. 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 -and powers of the CITY Commission to create or alter the work force of the CITY by 2/11/98 -1- 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 HUGHES agree as follows: ARTICLE 1 Agreement for Appointment 1.1 The CITY MANAGER hereby appoints HUGHES to serve as INFORMATION TECHNOLOGY SYSTEMS MANAGER for the CITY and HUGHES hereby accepts that appointment and undertakes that appointment. 1.2 HUGHES is an at will employee of the CITY. By acceptance of this Contract HUGHES acknowledges that there has been no representation or promise, express or implied fixing the term of his appointment. ARTICLE 2 Duties and Obligations Duties and Obligations. 2.1 Principal Subject to the CITY .MANAGER's responsibilities and direction for the overall operation of the CITY's work force, HUGHES shall: 2.1.1 Serve as the INFORMATION TECHNOLOGY SYSTEMS MANAGER of the CITY and shall perform the job responsibilities as set forth on Exhibit 2.1.2 Perform such additional job responsibilities related to the ITS Department of the CITY as assigned by the CITY MANAGER. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract, INFORMATION TECHNOLOGY SYSTEMS MANAGER at all times shall: 2.2.1 devote., all 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. 2.2.2 perform his duties and obligations faithfully, industriously, and to .the best of his ability. 2/11/98 -2- 2.2.3 not engage in conflicting outside employment except with prior written disclosure to and written consent of the CITY MANAGER. 2.2.4 keep the CITY MANAGER fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. Ail travel must receive prior written approval of the CITY MANAGER. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The CITY MANAGER shall review and evaluate the performance of HUGHES 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. The criteria may be added to or deleted from as MANAGER may from time to time determine. Further, the MANAGER shall provide HUGHES with summary written statement of the evaluation and provide an adequate opportunity for HUGHES to discuss his evaluation with the MANAGER. Annually, the MANAGER and HUGHES shall define such goals a~nd performance objectives that they determine necessary for the proper operation of the ITS Department and in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations pi'ovided by the CITY. 3.2 Compensation reviews are not subject to any specific formula applicable .to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY MANAGER and are subject to the appropriation of funds by the City Commission. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The CITY shall pay to HUGHES an annual salary of FIFTY-FIVE THOUSAND AND 00/100 ($55,000) 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 HUGHES consistent with reimbursement policies for CITY managerial employees. 4.3 2/11/98 Automobile. HUGHES shall have use of a CITY vehicle during all -3- work hours. 4.4 Health Insurance. HUGHES shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.5 Disability Insurance. HUGHES shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.6 Life Insurance. HUGHES shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.7 Participation in Retirement System. HUGHES shall be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. 4.7 Holidays. HUGHES shall be entitled to observe the same paid legal holidays as non-union employees hired after 10/1/91. 4.8 Vacations. HUGHES shall be entitled to observe the same vacation accrual as non-union employees hired after 10/1/91. 4.9 Sick Leave. HUGHES shall be entitled to _accrue sick leave and be subject to the same sick leave policies as non-union employees hired after 10/1/91. ARTICLE 5 Indemnification and Reimbursement 5.1 Indemnification of SYSTEMS MANAGER_. The CITY shall: the INFORMATION TECHNOLOGY 5.1.1 defend and indemnify HUGHES against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the perfomiance of his duties and responsibilities pursuant to this Contract; and 5.1.2 pay any judgment that may be entered against HUGHES 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 HUGHES. 5.1.3 CITY reserves the right to_select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. 2/11/98 -4- 6.1 commence on HUGHES's ARTICLE 6 Duration of Contract 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 HUGHES and the CITY; 7.1.2 upon HUGHES'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 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 HUGHES's Contract for the position. 7.1.4 the death of HUGHES_. 7.1.5 the resignation of HUGHES, A resignation shall be submitted in writing and shall provide for a actual resignation date no later than thirty (30) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY. Unilateral termination shall be in writing, signed by the CITY MANAGER and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the CITY MANAGER, HUGHES 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 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 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 2/11/98 -5- schedule/formula for nomunion employees hired after 10/I/91; 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 10/1/91. 7.3 Rights and Obligations Agreement. If this Contract terminates upon HUGHES 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 10/1/91; 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 10/1/91; 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to HUGHES's physical disability or death, HUGHES 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 HUGHES 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 10/1/91; and 7.4.4 life and/or disability benefits if applicable. 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to HUGHES's resignation, HUGHES shall be entitled only to the following compensation and benefits: 2/11/98 7.5.1 base salary through the date of resignation or such other -6- 7.5.2 to this Contract; date as mu[uaiiy agreed to between HUGHES and the CiTY MANAGER; 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 10/1/91; 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, 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 2/11/98 -7- Applicability to Succ~sor~ 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 - HUGHES'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 Flodda. ARTICLE 15 Integration of All Agreements and Understandings 15.1 This Contract contains the entire agreement between the CITY and HUGHES. Ail prior agreements and understandings, whether written or oral, pertaining to the CITY's appointment of HUGHES 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, HUGHES 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 and, therefore, construed against either of th. em. 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. 2111/98 -8- ARTICLE 16 Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one 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. p~~H~E'~ Dated: ,q/)~,//~ CITY OF BOYNTON BEACH KERRY WILLI~, CITY MANAGER Dated: ~'?'//~/~/~'0C'~ 2/11/98 -9- 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 WILFRED HAWKINS (~HAWKINS"). The CITY and HAWKINS 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 WILFRED HAWKINS as the Manager of Support Services, and Wilfred Hawkins desires to undertake that appointment. C. In selecting HAWKINS to be appointed as Manager of Support Services, 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. HAWKINS represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as Manager of Support Services, and that the performance of such duties are specialized in nature. D. The CITY and HAWKINS wish to reduce their agreements to writing in order to describe their relationship with each other, t'o provide a basis for effective communication between them as they fulfill their respective governance and administrative functions in the operation of the City Manager's Office and to enhance administrative stability and continuity within the City Manager's Office. E. The position of Manager of Support Services is a contractual appointment by the CITY MANAGER of an individual in a specialized field and not a civil service position and the CITY's Civil Service Rules and RegulatiOns are not applicable to HAWKINS. 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 and powers of the CITY Commission to create or alter the work force of the CITY by Rev, 2/11/98 -1 - 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 HAWKINS agree as follows: Agreement for Appointment 1.1 The CITY MANAGER hereby appoints HAWKINS to serve as Manager of Support Services and HAWKINS hereby accepts that appointment and undertakes that appointment. 1.2 HAWKINS is an at will employee of the CITY. this Contract HAWKINS acknowledges that there has been no promise,, express or implied fixing the term of his appointment. By acceptance of representation or 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, HAWKINS shall: 2.1.1 Serve as the Manager of Support'Services 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 City Manager's Office as assigned by the City Manager. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract, HAWKINS at all times shall: 2.2.1 devote all 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. 2.2.2 perform his duties and obligations faithfully, industriously, and to the best of his ability. Rev. 7211/98 2.2.3 not engage in conflicting outside employment except with prior -2- written disclosure to and w,ff[t,,en consent of the CITY, MANAGER. 2.2.4 keep the City Manager fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. Ail travel must receive pdor wdtten approval of the City Manager. Annual Performance Goals and Evaluation 3.1 The City Manager shall review and evaluate the performance of HAWKINS 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 City Manager. The criteda may be added to or deleted from as the City Manager may from time to time determine. Further, the City Manager shall provide HAWKINS with summary written statement of the evaluation and provide an adequate opportunity for HAWKINS to discuss his evaluation with the City Manager. Annually, the City Manager and HAWKINS shall define such goals and performance objectives that they determine necessary for. the proper operation of the City Manager's Department and in attainment of the objectives and shall further establish a relative pdodty among those various goals and 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 capi{al budgets and appropriations provided by the CITY. 3.2 Compensation reviews are not subject to any specific formula applicable to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY MANAGER and are subject to the appropriation of funds by the City Commission. Compensation and Benefits 4.1 Base Salary. The CITY shall pay to HAWKINS an annual salary of SIXTY-FIVE ($65,000) 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 HAWKINS consistent with reimbursement policies for CITY managerial employees. 4.3 Automobile. HAWKINS shall be compensated personal vehicle for city business in the amount of $150.00 per month. Rev. 2/11/98 -3- for use of his 4.4 Health Insurance. HAWKINS shall receive the same benefit. provided to non-union City employees hired prior to 10/1/91. 4.5 Disability Insurance. HAWKINS shall receive the same benef'A provided to non-union City employees hired prior to 10/1/91. 4.6 Life Insurance. HAWKINS shall receive the same benefit provided to non-union City employees hired pdor to 10/1/91. 4.7 Participation in Retirement System. HAWK[NS shall be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. As HAWI~NS will be vested in.the General Employees Pension Plan on 7/21/98, no provisions of this contract shall deny the benefits entitled to HAWK[NS as a vested member of the Plan. 4.7.1 The General Employees Pension Board voted on c,~/I 9/C).~ to affirm that the benefits of the Pension Plan shall not be denied HAWKINS as a vested member as a result of his Contract with the City of Boynton Beach. Attached hereto as Exhibit "B" is a copy of the minutes indicating such Board action. 4.8 Holidays. HAWKINS shall be entitled to observe the same paid legal holidays as non-union employees hired pdor to 10/1/91. 4.9 Vacations. HAWKINS shall be entitled to ol~serve the same vacation accrual as non-union employees hired prior to 10/1/91. 4.10 Sick Leave. HAWKINS shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-union employees hired prior to 10/1/91. Indemnification and Reimbursement 5.1 The CITY shall: Indemnification of the MANAGER OF SUPPORT SERVICES. 5.1.1 defend and indemnify HAWKINS 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 5.1.2 pay any judgment that may be entered against HAWKINS in a civil action adsing 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 HAWKINS, Rev. 2/11/98 -4- 5.1.3 CITY reserves the dght to select, appoint, discharge legal counsel necessary to provide the foregoing defense. Duration of Contract 6.1 HAWKINS's appointment and the term of this commence on retain, Contract or shall Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of HAWKINS and the CITY; 7.1.2 upon HAWKINS'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 vedfled 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 HAWKINS's Contract for the position. 7.1.4 the death of HAWKINS, 7.1.5 the resignation of HAWKINS, A resignation shall be submitted in writing and shall provide for a actual resignation date no later than thirty (30) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY. Unilateral termination shall be in writing, signed by the CiTY MANAGER and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the CITY MANAGER, HAWKINS shall be entitled only to:. 7.2.1 Prorated base salary for the effective date of the termination plus one hundred twenty (120) days; Rev. 2/11/98 7.2.2 reimbursement for as-yet unreimbursed expenses pursuant -5- to this Cor,,tract; 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 prior to 10/1/91; 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 prior to 10/1/91. 7.3 Rights and Obligations Agreement. If this Contract terminates upon HAWKINS 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 exc~eed the maximum number of days permitted by !aw, according to the schedule/formula for non-union employees hired prior to 10/1/91; 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 prior to 10/1/91; 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to HAWKiNS's physical disability or death, HAWKINS 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 HAWKINS 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 perm_itted by law, according to the schedule/formula for non-union employees hired prior to 10/1/9I; and 7.4.4 life and/or disability benefits if applicable. 7.5 P, ev. 2/11/98 Rights and Obligations Upon Termination Due to Resignation. -6- If this Contra~ te.rminates d~Je to HAWK!NS's resignation: HAWKINS 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 HAWKINS 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 prior to 10/1/91; 7.5.4 life and/or disability benefits if applicable. 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. 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 deemecf part of or incorporated into this Contract. 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, Florida. 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 Rev. 2/11/98 -7- same or any other term, condition, or covenant of this Contract. Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 HAWKINS's heirs and personal representatives; and 12.1.2 the CITY regardless of changes in the persons holding office as members of the CITY. 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 pm.vision 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. Goveming 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. Integration of All Agreements and Undemtsndings 15.1 This Contract contains the entire agreement between the CITY and HAWKINS. All prior agreements and understandings, .whether written or omi, pertaining to the CITY's appointment of HAWKINS 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, HAWKINS 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 and, therefore, construed against either of them. Rev. 2/11/98 -8- 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. Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an odginal and all of which together shall be deemed one 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. WII~D-HAWKrNS CITY OF BOYNTON BEACH KEP, RY' WlI..~I$, cITY' MAYOR Dated: S: CA~,AG~PT.CONTRA~WKINS2 Rev. 2/11198 -9- MANAGER OF SUPPORT SERVICES Nature of Work: This is a highly responsible .professional, and administrative position working directly under the supervision of the City Manager or designee. As Manager of Support Services, the primary responsibility will be to develop a two (2) year implementation plan for the Community RedeVelopment Agency (CRA), to act as the staff liaison to the CRA, and to oversee the operations of the Community Redevelopment Division staff which will be housed in the Department of Development. The responsibility of coordinating and activating the implementation plan will be in cooperatior~with the Director of Development, the Assistant City Manager, and the City Manager, and will include Visions financing rned~nisms for the development of public/private partnerships and pdvate enterprise development opportunities. The CRA plan will address development pa~es that will identify specific P~ to be marketed for construction. The secondary responsibility of the position will be to coordinate as the team leader oper~ons of the internal service divisions. These include Finance ( Purchasing and Warehouse included), Human Resources, Information Technology Sewices, Communications, City Clerk, and Risk Management. Efforts will focus on establishing the goals of the team and individual division operations. These are primarily internal service operations but also provide important external services to the city. The team will meet weekly in a creative environment. Activities will pdmadly focus on team development and supervisory training in .a creative 'user group' environment. Other responsibilities include Public Information and Community Affairs; acts as City Public Information Officer (PLO) and coordinates Community Affairs activities through the Neighborhood Project Specialist programs; coordinates the production of the quarterly city newsletter and monitors the activities of the Citizen Action Center through the Citizen Action Center Coordinator;, serves as the city staff liaison to the Community Relations Board and the Education Advisory Board. Assists the City Manager with other duties and special projects as assigned. Task Statements: Note: These examples are intended only as illustrations of the various types of work performed in this classiflce~. The omission of specific statements of duties'does not exclude them from the position if the work is similar, related, or a logical assignment for this position. Assists City Manager with certain assigned duties and participates with departments in accomplishment of activities necessary for City operations. Advises City Manager with *administrative details relative_to day-to-day functions of City government; monitors departmental activities (especially Communications, Risk Management and Code Enforcement). Manager of Support ~ervices (cont.) Documents all rights/obligations of City and Contractor/grantor to avoid misunderstandings regarding contract.ed activity; reviews contracts/grants to ensure compliance with established policies; amends/reconstructs contracts to comply with services needed. Develops methods/strategies to meet program goals and objectives consistent with.County, State, Federal and professional standards and/or needs of service population. Monitors, allocates and schedules resources to: ensure accomplishment of program goals. Investigates complaints, takes appmpriat~ action to resolve them consistent with departmental policy; msoNas conflicts and disagreements among others. Serves as division or departmental representative on interdepartmental task forces and work groups at public meetings, hearings, conferences, committee and board meetings. Makes presentations to schools, civic groups, business organizatiom, etc. to inform or publicize programs. Acts as technical advisor to other agencies/departments. Performs research/analysis and prepares written reports, graphs, tables., etc. Identifies irregularities and potential problems before they become critical; researches variables and aitematives before making decisions. Keeps superior informed of changes in the status of important projects. Establishes and maintains an effective working relationship with supervisors, subordinates, employees, other departments/agencies and projects, and a positive, professional image when dealing with the ganeml public. ~_.d_d_itional Duties and Rem~nMbilitles: Directs the f~ I~blic information activities: dispensing of public information about the City, preparing press releases, public service announcements, etc.; coordination and development of aCiflzens Action Center and employee/city-wide newsletter as appropriate. Responds to requests for information from the public and media reprasentatives by assuring that current information on City aclivitles are easily available and accessible. Accepts responsibility for coordinating some public ceremonies, dedications and special events; conduCtS toum as necessary. Manager of Support Sewicea (cont.) physical Demands: Degree of Physical Demands (Strength) usually associated with this classification: Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull, or otherwise move objects, including the human body. Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. This position at times may require walking or standing to a significant degree. -~ Types of Physical Demands usually associated with this classification: Handling, Fingering: (Handling - seizing, holding, grasping, tuming or otherwise working with hand or hands, fingering .not involved.) (Fingering - piCking, pinching or othel~M working with fingers primarily, rather than with whole hand or arm as in handling). 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). Driving: Must be able to operate a motor vehicle and possess a currant valid Florida Driver's License. Environmental Conditions: Physical SurroUndings usually associated with classification: The Worker is Subject to Inside Environmental Conditions: Protection from weather conditions but not necessarily from temperetum changes. M=_chines. Tools. EauiDment. and Work Aids which may be representative, but not all inclusive, of those ~ associated with this type of work: computer, Desk-Top Publishing software, camera, typewfll~, referen(~ books, tape recorder, copier, fax machine, manuals, statutes, ordinances, telephone, etc.~* APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT BOYNTON BEACH, Florida, (the "CITY") MANAGER") and ARTHUR LEE ("LEE"). is entered into by and through between the CITY OF its City Manager ("CITY RECITALS The CITY and LEE 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 ARTHUR LEE as the HUMAN RESOURCES MANAGER for the CITY, and desires to undertake that appointment. C. In selecting LEE to be appointed as HUMAN RESOURCES 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. LEE represents that all such information and uaterials are accurate, complete, and authentic and that he is qualified to serve as MAN RESOURCES MANAGER and that the performance of such duties are specialized in natUre. D. The CITY and LEE wish to reduce their agreements to wdting 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 operation of the Human Resources Department of the C~ITY and to enhance administrative stability and continuity within the Human Resources Department. E. The position of HUMAN RESOURCES MANAGER is a contractual appOintment by the CITY MANAGER of an individual in a specialized field and not a civil service position and the CITY's Civil Service Rules and Regulations are not applicable to LEE. 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. -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 LEE agree as follows: ARTICLE 1 Agreement for Appointment 1.1 The CITY MANAGER herebY appoints LEE to serve as HUMAN RESOURCES MANAGER for the CITY and LEE hereby accepts that appointment and undertakes that appointment. 1.2 LEE is an at will employee of the CITY. By acceptance of this Contract LEE acknowledges that there has been no representati_on 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, LEE shall: 2.1.1 Serve as the HUMAN RESOURCES MANAGER 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 Human Resources Department of the CITY as assigned by the CITY MANAGER. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract, HUMAN RESOURCES MANAGER at all times shall: 2.2.1 devote all his time, attention, knowledge, and skill solely and e~<clusively to the business and interests of the CITY during normal working hours and atCity related events after normal business hours. -2- 2.2.2 perform his duties and obligations faithfully, industriously, and to the best of his ability. 2.2.$ not engage in conflicting outside employment except with prior written disclosure to and written consent of the CITY MANAGER. 2.2.4 keep the CITY MANAGER 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 wdtten approval of the CITY MANAGER. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The OITY MANAGER shall review and evaluate the performance of yEE at least once annually in advance of the adoption of the annual operating budget. he review and evaluation shall be in accordance with specific criteria developed by the MANAGER. The criteria may be added to or deleted from as MANAGER may from time to time determine. Further, the MANAGER shall provide LEE with summary written statement of the evaluation and provide an adequate opportunity for LEE to discuss his evaluation with the MANAGER. Annually, the MANAGER and LEE shall define such goals and performance objectives that they determine necessary for the proper operation of the Human Resources Department and in attainment of the objectives and shall further e~stablish a relative priority among those various goals and objectives, which shall be reduced to writing. 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 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 Commission. -3- ARTICLE 4 Compensation and Benefits 4.1 Base-Salary. The CITY shall pay to LEE an annual salary of SIXTY-TWO THOUSAND FIVE HUNDRED ($62,500) 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 LEE consistent with reimbursement policies for CITY managerial employees. 4.3 work hours. Automobile. LEE shall have use of a CITY fleet vehicle during all 4.4 Health Insurance. LEE shall receive the same benefit provided to non-union City employees hired prior to 10/1/91. 4.5 Disability Insurance. LEE shall receive the same benefit provided to non-union City employees hired prior to 10/1/91. 4.6 Life Insurance. LEE shall receive the same benefit provided to non-union City employees hired prior to 10/1/91. 4.7 Participation in Retirement System. LEE shall be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. 4.7 Holidays. LEE shall be entitled to obserVe the same paid legal holidays as non-union employees hired prior to 10/1/91. 4.8 Vacations. LEE shall be entitled to obserVe the same vacation accrual as non'union employees hired prior to 10/1/91. 4.9 Sick Leave. LEE shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-union employees hired prior to 10/1/91. -4- ARTICLE 5 5.1 CITY shall: Indemnification and Reimbursement Indemnification of the HUMAN RESOURCES MANAGER. The 5.1.1 defend and indemnify LEE 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 5.1.2 pay any judgment that may be entered against LEE 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 LEE. 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 on 6.1 LEE's appointment and the term of this Contract shall commence ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.i.1 at any time by mutual agreement of LEE and the CITY; 7.1.2 upon LEE'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 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 LEE's Contract for the position. -5- 7.1.4 the death of LEE_. 7.1.5 the resignation of LEE; A resignation shall be submitted in writing and shall provide-for a actual resignation date no later than thirty (30) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY. Unilateral termination shall be in writing, signed by the CITY MANAGER and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the CITY MANAGER, LEE 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 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 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 prior to 10/1/91 ;. 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 prior to 10/1/91. 7.3 Rights and Obligations Upon Termination by Mutual Agreement. If this Contract terminates upon mutual agreement of the parties, LEE shall be entitled to: 7.3.1 base'salary accrued to the agreed date of termination; 7.3.2 to this Contract; reimbu~'sement 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 prior to 10/1/91; 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 prior to 10/1/91; 7.4 Rights and Obligations Upon Termination Due to Disability or -6- Death. If this Contract terrnina[es due to LEE's physical disability or death, LEE or his guardian or personal representative shall be entitled only to the following compensation and benefits: 7.4.1 -base salary through services to or on behalf of the CITY; 7.4.2 to this Contract; 7.5.2 to this Contract; the last day that LEE performed 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 prior to 10/1/91; and 7.4.4 ' life and/or disability benefits if applicable. 7.5 Rights and Obligations Upon Termination Due to Resignation, If this Contract terminates due to LEE's resignation, LEE 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 LEE and the CITY MANAGER; 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 prior to 10/1/91; 7.5.4 life and/or disability benefits if applicable. -7- 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 g(~vem, 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, 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 12.1.2 as members of the CITY. LEE's heirs and personal representatives; and the CITY regardless of changes in the persons holding office -8- 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 LEE. Ali prior agreements and understandings, .whether written or oral, pertaining to the CITY's appointment of LEE 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 odginal draft and subsequent revisions 'of this Contract, LEE 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 and, therefore, construed against either of them. 15.3 The omission from this Contract of a term or pi'ovision contained in an earlier draft.Of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. -9- ARTICLE 16 Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one 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. ARTHUR LEE CITY OF BOYNTON BEACH KERRY WILL/,~, CITY MANAGER Dated: Dated: MAYOR Dated: S:CAL~.GREEMENTSLAPPT.CONTRACTXLEE2 -10- 480 Nature of Work: HUMAN RESOURCES MANAGER This is a highly responsible, professional, administrative, technical and supervisory work directing a municipal personnel management program. An employee in a position allocated to this class is responsible for planning and directing a total comprehensive Human Resources program for the City of Boynton Beach. This include recruitment, selection, placement, compensation and classification, benefits administration, training, employee relations, labor relations and other activities associated with personnel administration. This employee is required to exercise versatility and effectiveness in developing and establishing a personnel program within established policies and guidelines. Work is performed with considerable independent judgement, discretion and initiative in carrying outthe objectives of the department with efficiency and effective:ness. Work is reviewed through conferences, pedodic reports and observations of results achieved. .~ Task Statement (s): Note: These examples are intended only as illustrations of the various types of WOrk performed in this classification. The omission of specific statements of duties does~not exclude them from the position if the work is similar, related, or a logical as$ignment~fo~ this position. Plans, organizes, staffs, directs, controls, and coordinates all activities of the Personnel Department. Interprets, directs, and enfomes personnel pOlicies and procedures. Designs the operating structure of the Personnel Department into a well-integrated unit that solves current issues and responds to future needs within the department. Establishes financial *programs necessary to provide both new :and continued programs annually with the Department budget. Revises goals and objectives in anticipation of changes in current Federal, State, Loc<c! Law or from economic or other operating conditions. Establishes and maintains an effective working-relationship with supervisors, ?ubordinates, employees, other departments/agencies; projects a positive, professional impression when dealing with the general public. Complies with established., policies/procedures of City _including safety policies and procedures; reports accidents/incidents accordingly. Human Resources Director - pg. 3 Education and Job Related ExDedence: Bachelor's degree in Human Resources, Business Administration, or Public Administration or in an appropriate discipline and over three years up to and including 5 years Personnel experience as the Director or Assistant Director of a system with a minimum of :500 employees or any equivalent combination that meet the following minimum ability: Minimum reasoning ability usually associated with this classification: Ability to apply principles of rational systems (example: bookkeeping, insurance claims, etc.) to solve practical problems and deal with a vade~ of concrete variables in situations where only limited standardization exists; to interpret a vadety of instructions fumished in written, oral, diagrammatic, or schedule form. .~ _ ~. Minimum Math ability usually associated with this classification: Ability to add, subtract, multiply, and divide all units of measure; tO perform the four operations with like or common decimal fractions;: to perform arithmetic operation involving all American monetary units. Minimum Language ability usually associated with this classification: Read: Ability to read novels, poems, newspaper, periodicals, journals, manuals, dictionaries,~ thesauruses, and encyclopedias. Write: Ability to prepare business letters, expositions, summa~s, and reports. Using prescribed format and conforming to all rules of punctuation, grammar, diction, and style; Speak: Ability to participate inpanel discussions, dramatizations, and debates; to speak extemporaneously' on a variety of subjects. Training: ~.., ~ Amount of training, either on-the-job or formal educati°r{, usuallY associated with this occupation in addition to theReasoning, Math and Language abilities detailed above: Over 3 years.