R96-137 RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACKNOWLEDGING
AND RATIFYING AN EMPLOYMENT CONTRACT BY THE
CITY MANAGER WITH TODD E. KOTAS AS ECONOMIC
DEVELOPMENT DIRECTOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Manager has sought the services of an
]conomic Development Director; and
WHEREAS, the City Manager has determined that Todd E. Kotas is
ualified to serve as the City's Economic Development Director; and
WHEREAS, the City Manager has the authority to hire an
Economic Development Director but seeks ratification of that action
by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission hereby ratifies the
decision of the City Manager to hire Todd E. Kotas as Economic
Development Director.
Section 2. This Resolution shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS ~ DAY OF ~za~_, 1996.
CITY OF BOYNTON BEACH, FLORIDA
~Commissioner
Commissioner
Co/a~tissioner
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8/~0/~6
900182.BB
KOTAS.RES
Page 1 of 2
ATTEST:
CIT~ CLERK
I HEREBY CERTIFY that I have
ap~ of this RESOLUTION
CITY ATTOR~Y
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8/30/96
900182.BB
KOTAS.RE$
Page 2 of 2
EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT is entered into between the CITY OF
BOYNTON BEACH, Florida, (the "CITY") by and through its City
Manager ("MANAGER") and TODD E. KOTAS ("KOTAS").
RECITALS
The CITY and KOTAS acknowledge the following premises for this
contract:
A. MANAGER is the Chief Executive Officer of the CITY with
the authority to hire and fire all subordinate employees.
B. The CITY and the MANAGER desires to employ KOTAS as
Economic Development Director for the CITY, and KOTAS desires to
undertake that employment.
C. In selecting KOTAS to serve as Economic Development
Director for the CITY, the CITY is relying on all information and
materials appearing on or furnished in connection with KOTAS's
application for the position of Economic Development Director of
CITY, including representations made in oral interviews by KOTAS,
and KOTAS represents that all such information and materials are
accurate, complete, and authentic and that he is fully qualified to
serve as such Economic Development Director.
D. The CITY and KOTAS 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 Economic Development program of the CITY and
to enhance administrative stability and continuity within the
Economic Development process.
E. The position of Economic Development Director is a
contractual position and not a civil service position and the
City's Civil Service Rules and Regulations are not applicable to
KOTAS.
TERMS, CONDITIONS, AND COVENANTS
Accordingly, on the foregoing premises and in consideration of
the mutual covenants contained in this contract, the CITY and KOTAS
agree as follows:
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ARTICLE 1
Agreement for Employment
1.1 The MANAGER hereby appoints and employs KOTAS to
serve as Economic Development Director for the CITY and KOTAS
hereby accepts that appointment and undertakes that employment.
ARTICLE 2
Economic Development Director-Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the
MANAGER's responsibilities for the overall operation, management,
and control of the CITY's work force, KOTAS shall:
2.1.1 serve as the Economic Development Director of
the CITY and shall perform the job responsibilities set forth on
Exhibit "A";
2.1.2 perform such additional job responsibilities
related to the economic development of the CITY as assigned by the
MANAGER
2.2 Manner of Performance. Except as otherwise
expressly provided by the contract, Economic Development Director
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.
2.2.3 not engage in conflicting outside employment
except with prior disclosure to and consent of the 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.
2.3 Professional Growth and Development Activities. So
long as such activity does not unduly interfere with the
performance of his duties and obligations pursuant to this
Contract, KOTAS may:
2.3.1 maintain membership in such development and
civic organizations as he, in the reasonable exercise of his
professional judgment, shall deem appropriate to the effective
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performance of his duties and responsibilities pursuant to this
Contract, including, but not necessarily limited to the Florida
Economic Development Council (FEDC) American Economic Development
Council (AEDC), Cuban Latin-American Contingency Commission (CLCC),
for purposes of Economic Development.
2.3.2 with prior approval of the MANAGER, travel to,
attend, and participate in such conferences, meetings, seminars,
courses, and other programs, and activities conducted or sponsored
by those organizations, whether or not within the State of Florida;
and
2.3.3 provided it does not conflict with the progress
and development to the CITY and with prior approval of the MANAGER,
write, teach, consult, and lecture.
ARTICLE 3
Annual Performance Goals and Evaluation
3.1 KOTAS shall receive an annual performance evaluation
from the MANAGER.
3.2 KOTAS may request periodic compensation reviews by
the MANAGER. Compensation reviews are not subject to any specific
formula applicable to other CITY personnel. Wage adjustments shall
be at the sole discretion of the MANAGER.
ARTICLE 4
Economic Development Director's Compensation and Benefits
4.1 Base Salary. The CITY shall pay to KOTAS an annual
salary of FORTY-FIVE THOUSAND AND 00/100 ($45,000.00) DOLLARS,
payable in equal installments at the same intervals as the CITY's
other administrative personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse
KOTAS consistent with reimbursement policies for other CITY
managerial employees.
4.3 Membership Fees. The membership fees for participation
in the professional organizations listed on Exhibit "B"; and
4.4 Automobile-Expense Allowance. Mileage shall be
reimbursed at the prevailing IRS rate. For CITY travel, KOTAS
shall have access to a CITY vehicle and shall use that vehicle
whenever practicable. KOTAS shall maintain a use and mileage log
documenting all automobile use and shall submit same in support of
any request for reimbursement.
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4.5 Telephone. CITY will reimburse KOTAS up to a
maximum of $70.00 per month for all calls made for CITY business
for both land and cellular lines operated by KOTAS and pager
operation. KOTAS shall maintain a telephone log documenting all
CITY related phone calls and shall submit same in support of any
request for reimbursement.
4.6 Software. Software for Economic Development purposes
will be provided by the CITY.
4.7 Health Insurance. Commencing October 1, 1996, KOTAS
shall receive the same benefit provided to non-union City employees
hired after 10/1/91.
4.8 Disability Insurance. Commencing October 1, 1996,
KOTAS shall receive the same benefit provided to non-union City
employees hired after 10/1/91.
4.9 Life Insurance. Commencing October 1, 1996, KOTAS
shall receive the same benefit provided to non-union City employees
hired after 10/1/91.
4.10 Participation in Retirement System. KOTAS shall
receive the same benefit provided to non-union City employees hired
after 10/1/91.
4.11 Holidays. KOTAS shall be entitled to observe the
same legal holidays as non-union employees hired after 10/1/91
4.12 Vacations. KOTAS shall be entitled to accrue
vacation leave and be subject to the same vacation policies as non-
union employees hired after 10/1/91.
4.13 Sick Leave. KOTAS 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.
4.14 Personal Leave. Ten (10) business days per year
leave without pay scheduled with the approval by City Manager. It
is agreed that personal leave may be taken in increments of one day
or longer until the total number reaches ten (10) business days.
ARTICLE 5
Indemnification and Reimbursement
5.1 Indemnification of Economic Development Director.
The CITY shall:
5.1.1 defend and indemnify KOTAS against all claims
and actions, civil or criminal, provided the claims or actions
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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
KOTAS 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
KOTAS.
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 KOTAS's employment and the term of this Contract
shall commence on September 4, 1996, and, unless earlier extended
or earlier terminated in accordance with the provisions of this
Contract, shall end on September 3, 1999.
ARTICLE 7
Termination of Contract
7.1 Events of Termination. This Contract shall
terminate:
7.1.1
the CITY;
at any time by mutual agreement of KOTAS and
7.1.2 upon expiration of the term of KOTAS's
employment, unless earlier terminated pursuant to the provisions of
this Contract;
7.1.3 upon KOTAS'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 by the CITY;
7.1.4 at any time by the CITY's
termination of KOTAS's contract for the position.
unilateral
7.1.5
the death of KOTAS.
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7.2 Rights and Obligations Upon Unilateral Termination by
CITY. Any unilateral termination shall be for the balance of the
contract term only and shall not reflect any performance related
reasons. Unilateral termination shall be in writing, signed by the
MANAGER and shall not reflect performance related reasons. If this
Contract is terminated by unilateral action by the MANAGER KOTAS
shall be entitled only to:
7.2.1 base salary through the effective date of the
termination plus one hundred and twenty (120)) days;
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 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
after 10/1/91.
7.3 Rights and Obligations Upon Termination by Mutual
Agreement. If this Contract terminates upon mutual agreement of
the parties, following 30 days notice from KOTAS, KOTAS shall be
entitled to:
7.3.1 base salary through the agreed date of
termination;
7.3.2 reimbursement for as-yet unreimbursed expenses
pursuant to this Contract;
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 by
Expiration of Contract. If this Contract terminates by expiration
of the term of KOTAS's employment, KOTAS shall be entitled only to
the following compensation and benefits:
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7.4.1
base salary through the date of expiration;
7.4.2 reimbursement for as-yet unreimbursed expenses
pursuant to this Contract;
7.4.3 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;
7.4.4 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;
7.5 Rights and Obligations Upon Termination Due to
Disability or Death. If this Contract terminates due to KOTAS's
physical disability or death, KOTAS or his guardian or personal
representative shall be entitle only to the following compensation
and benefits:
7.5.1 base salary through the last day that KOTAS
performed services to or on behalf of the CITY;
7.5.2 reimbursement for as-yet unreimbursed expenses
pursuant to this Contract;
7.5.3 an amount for accrued and unused sick and
vacation leave, not to exceed the maximum number of days permitted
by law, according to the schedule/formula for non-union employees
hired after 10/1/91; and
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.
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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
benefit of:
This Contract shall be binding on and inure to the
12.1.1 KOTAS'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.
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ARTICLE 15
Integration of Ail Agreements and Understandings
15.1 This Contract contains the entire agreement between
the CITY and KOTAS. All prior agreements and understandings,
whether written or oral, pertaining to the CITY's employment of
KOTAS are fully obrogated 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, KOTAS 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
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, 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.
XEC~on the respective dates set forth below.
PRINT NAME
PRINT NAME
D E. KOTAS
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PRINT NAME
PRINT NAME
CITY OF BOYNTON BEACH
Carrie Parker
City Manager
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ECONOMIC DEVELOPMENT DIRECTOR
Nature of Work:
This is highly responsible administrative and professional work requiring considerable
public contact in formulating and coordinating the City's economic and community
development programs. Work involves the formulation of policies and procedures designed
to attract and promote desirable economic growth in the City's downtown as well as City-
wide, to enhance the economic character of the City's central business district and to
improve the residential character of older sections of the City. Responsibilities also include,
the analysis of local economic conditions and trends; physical planning and research as
it pertains to this position; coordinating with downtown property owners, businesses, public
and private agencies; recruitment of investors and businesses; and providing leadership
to programs in conjunction With the Community Redevelopment Agency. Work is
administered under the direction of the City Manager and is reviewed for results obtained
through reports and conferences.
Task Statements (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 sim ilar, related, or a logical assignment for this
position.
Plans, develops and oversees the management and operations of the
development/redevelopment target area.
Acts as liaison for the area property owners, merchants, various city departments,
administration and staff to review improvements to exterior/public areas and ensure that
harmony and consistency is maintained.
Interacts and maintains ongoing communication with the Chamber of Commerce, the
Community Redevelopment Agency (CRA), the Community Redevelopment Advisory
Board (CRAB) and other agencies involved in economic development, downtown
redevelopment and community improvement.
Page 1 of 5 pages
ECONOMIC DEVELOPMENT DIRECTOR
Coordinates the City's program for attracting new business to the community, as well as
concentrates on business retention efforts aimed at existing companies located in the City.
Provides professional advice and assistance to commercial, retail and professional
representatives regarding development of the central business district.
Prepares and reviews agenda items for th e City Manager and/or committees on economic
development activities for presentation to City Commission.
Researches complex planning and redevelopment problems and prepares related
comprehensive reports as required.
Develops five (5) year Master Plan for redevelopment of target areas and marketing
strategy to encourage economic development City-wide.
Promotes and encourages general improvements and undertakes other matters, and
activities as reasonably necessary for the redevelopment of the Historic District and the
City's targeted residential areas.
Lobbies and prepares grant applications for area public improvements and rehabilitation
of historic structures and properties, both commercial and residential within the City's
redevelopment areas.
Monitors and facilitates special programs and events to enhance public awareness in the
area and stimulate business activity.
Attend all necessary CRAB, CRA and City Commission meetings and workshops; prepares
agenda as required.
Confers with governmental officials to effect changes in local policies or ordinances which
discourage effective economic development and community improvement.
Completes and reviews appropriate paperwork as required; records pertinent information
to maintain files; uses manual and/or automated techniques to organize information.
Develops and provides staff support and technical assistance to advisory groups; conducts
in-service training for co-workers/departments.
Demonstrates effective decision-making skills; follows the expectations regarding the
ethical conduct of profession and position.
Page 2 of 5 pages
ECONOMIC DEVELOPMENT DIRECTOR
Demonstrates effective written and verbal communication skills; clearly and concisely
conveys ideas and information in a written or verbal format.
Complies with all established policies and procedures of the City.
Knowledqe, Skills, Abilities and Other Characteristicff:
Knowledge of the principles and practices of public and business administration as related
to economic development and community improvement Programs:
Knowledge of the principles and practice of comprehensive planning, economic marketing
research, real estate, growth management and downtown development.
Knowledge of the principles, techniques and objectives of community redevelopment and
rehabilitation as related to private development.
Knowledge of the procedures and techniques of applying for county, state and federal
grants.
Ability to administer and participate in complex planning studies and to analyze information
and formulate substantive recommendations.
Ability to work effectively and react with sound judgement under pressure con dition s, such
as heavy workloads, deadlines and changing situations.
Ability to work independently and plan, assign and coordinate the work of others.
Ability to establish and maintain an effective working relationship with City
departments/agencies and maintain a positive and professional impression when dealing
with the general public.
Education and Job Related EXperience:
Four year college degree with major coursework in urban planning, architecture, marketing,
business or public administration or a related field; five (5) or more years of experience in
planning, developing or managing commerCial and industrial development projects with
a local government agency, or in a supervisory position with a private development firm
specializing in urban deVelopment; conSiderable experience working with community
development programs and in grant acquisition.
Page 3 of 5 pages
ECONOMIC DEVELOPMENT DIRECTOR
Minimum Reasoninq ability usually associated with this classification-
Ability to apply principles of logical or scientific thinking to define problems, collect data,
establish facts, and draws valid conclusions; to interpret an extensive variety of technical
instructions in mathematical or diagrammatic form. Deal with several abstract and
concrete variables.
Minimum Math ability usually associated with this classificatiOn.
Ability to compute discount, interest, profit and loss; commission, markup and selling price;
ratio, proportion and percentage; to calculate surfaces, volume, weights and measures.
Ability to use practical application of fractions, percentages, ratio and proportion,
mensuration, logarithms, slide rule and practical algebra.
Using Algebra: Ability to deal with system of real numbers; linear, quadratic, rational,
exponential, logarithmic, angle and circular functions, and inverse functions; related
algebraic solution of equations and inequalities; limits and continuity, and probability and
statistical inference.
Minimum Language ability usually associated with this classification-
Read: Ability to read literature, book and play reviews, scientific and technical journals,
abstracts, financial reports, and legal documents.
Write: Ability to write novels, plays, editorials, journals, speeches, manuals, critiques,
poetry and songs.
Speak: Ability to be conversant in the theory, principles, and methods of effective and
persuasive speaking, voice and diction, phonetics, and discussion and debate.
Trainin.q:
Amount of training, either on-the-job or formal education, usually associated with this
occupation in addition to the Reasoning, Math and Language abilities detailed above:
Four (4) to ten (10) years.
Page 4 of 5 pages
ECONOMIC DEVELOPMENT DIRECTOR
Physical Demands:
Degree of Physical Demands (Strength) usually associated with this classification:
Light Work: Exerting up to 20 pounds of force occasionally and/or up to 10 pounds of force
frequently, and/or a negligible amount of. force constantly to move objects. Physical
demand requirements are in excess of those for Sedentary Work. Light Work usually
requires walking or standing to a significant degree. However, if the use of arm and/or leg
controls requires exertion of forces greater than that for Sedentary Work and the worker
sits most of the time, the job is rated for Light Work.
This position at times may require walking or standing to a significant degree.
Types of Physical Demands usually associated with this classification:
Fingering, Feeling (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 finger tips).
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).
Environmental Conditions:
Physical Surroundings usually associated with this classification:
The worker is subject to both environmental conditions: Activities occur both inside and
outside in approximately equal amounts.
Machines, Tools, Equipment, and Work Aids which may be representative, but not all
inclusive, of those commonly associated with this type of work:
Pen, Pencil, Ruler, Blueprints, Charts, Contracts, Diagrams, Directives, Documents, Forms,
Manuals, Publications, Reference Books, Schedules, Specifications, Calculator, Computer,
Typewriter, Fax Machines, Copy Machine, Telephone, Etc.
Page 5 of 5 pages
EXHIBIT "B~
Florida Economic Development Council (FEDC)
American Economic DevelOpment Council (AEDC)
Cuban Latin-American Contingen~y Co~ission