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R00-024RESOLUTION NO. R00-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF WAYNE SEGAL AS THE DIRECTOR OF MEDIA AND PUBLIC COMMUNICATION OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH WAYNE SEGAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Wayne Segal as the Director of Media and Public Communication of the City of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Wayne Segal 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 Wayne Segal as the Director of Media and Public communication of the City of Boynton Beach, Florida and authorizes the City Manager to execute an Appointment Contract on behalf of the City of Boynton Beach with Wayne Segal, 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 March, 2000. ClTY~F ~O/YzN,TO,~I,/BEACH: FLORIDA i/~-, ~-~/~ ,------.. mayor ~~_ Mayor Pro Tem Com~ioner ~ Commissioner ATTEST: ICitV/Clerk APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the CITY OF BOYNTON BEACH, Fiodda, (the "CITY") by and through its City Manager ("CITY MANAGER") and WAYNE SEGAL. The CITY and WAYNE SEGAL acknowledge the following contract: premises for this A. The 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 WAYNE SEGAL as Director of Media and Public Communications for the CITY, and WAYNE SEGAL desires to undertake that appointment. C. In selecting WAYNE SEGAL to be appointed as Director of Media and Public Communications 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. WAYNE SEGAL represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as Director of Media and Public Communications and that the performance of such duties are specialized in nature. D. The CITY and WAYNE SEGAL 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 administrative functions, and to enhance administrative stability and continuity within the City of Boynton Beach. E. The position of Director of Media and Public Communication 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 WAYNE SEGAL. By entering into this appointment contract, WAYNE SEGAL waives all rights under the City's Civil Service system. F. Nothing herein shall constitute an abridgment of or limitation to the rights and powers of the MANA~GER to manage the work force of the CITY and to organize, reorganize, create, or abolish the CITY work force, including this appointment except as provided for herein. G. Nothing herein shall constitute an abridgment or limitation on the dghts 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 WAYNE SEGAL agree as follows: Agreement for Appointment 1.1 The CITY MANAGER hereby appoints WAYNE SEGAL to serve as Director Media and Public Communications for the CITY and WAYNE SEGAL hereby accepts that appointment and undertakes that appointment. 1.2 WAYNE SEGAL is an at will employee of the CITY. By acceptance of this Contract WAYNE SEGAL acknowledges that there has been no representation or promise, expressed or implied fixing the term of his appointment, except as provided for herein. 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, WAYNE SEGAL shall: 2.1.1 serve as Director of Media and Public Communications of the CITY. The job description for Director of Media and Public Communications is attached as Exhibit "A". 2.2 Manner of Performance. Except as otherwise expressly provided by this contract, as Director of Media and Public Communications, he shall at all times: 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 o-bligations faithfully, industriously, and to the best of his ability. 2.2.3 not engage in conflicting -2- outside employment except with prior 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 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 WAYNE SEGAL at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the CITY MANAGER, which criteria must be provided to WAYNE SEGAL in advance of the commencement of the period of evaluation. The initial performance criteria is as set forth on Exhibit "B", attached hereto. The criteria may be added to or deleted from as the MANAGER may from time to time determine, except that WAYNE SEGAL shall not be evaluated for tasks if no performance criteria have been established. At WAYNE SEGAL'S first six month evaluation, provided he has achieved the goals set forth by the City Manager, he will receive an increase of four (4)%. Further, the MANAGER shall provide WAYNE SEGAL with a summary written statement of the evaluation and provide an adequate opportunity for WAYNE SEGAL to discuss his evaluation with the MANAGER. 3.2 Periodically, the MANAGER and WAYNE SEGAL shall define such goals and performance objectives that they determine necessary for the proper operation of the Information Technology Department operations in attainment of the objectives and shall further establish a relative priodty 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. 3.3 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 WAYNE SEGAL an annual salary of FIFTY-THREE THOUSAND ($53,000) DOLLARS, payable in equal installments paid at the same intervals as the CITY's management personnel are paid. 4.2 Business Expenses. The CITY shall pay or reimburse WAYNE SEGAL consistent with reimbursement policies for CITY managerial employees. 4.4 Health Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired ~fter 10/1/91. 4.5 Disability Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired after 10/1/91. provided to non-union City employees hired after 10/1/91. 4.5 Disability Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.6 Life Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.7 Participation in Retirement System. Participation in Retirement System. WAYNE SEGAL shall receive the same benefit provided to non- union employees hired after 10/1/91. 4.8 Holidays. WAYNE SEGAL shall be entitled to observe the same paid legal holidays as non-union employees hired after 10/1/91. 4.9 Vacations. WAYNE SEGAL shall be entitled to observe the same vacation accrual as non-union managerial employees hired after 10/1/91. 4.10 Sick Leave. WAYNE SEGAL 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. 4.11 Moving Expenses. WAYNE SEGAL agrees to obtain three quotes for moving expenses, which shall be sUbmitted to the City of Boynton Beach. The City shall pay 50% of the agreed upon moving expenses upon ratification of this Agreement, with the remainder to be paid by the City upon completion of the move. 4.12 Automobile. WAYNE SEGAL shall be compensated for use of his personal vehicle for city business in the amount of $250.00 per month.. Indemnification and Reimbursement 5.1 Indemnification of the Director of Media and Public Communications. The CITY shall: 5.1.1 defend and indemnify WAYNE SEGAL 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 ~esponsibilities pursuant to this Contract; and 5.1.2 pay any 'judgment that -4- may be entered against WAYNE SEGAL 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 WAYNE SEGAL. 5.1.3 CITY reserves the rights to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. Date of Appointment 6.1 WAYNE SEGAL's appointment and the term of this Contract shall commence on the date of ratification of this contract by the City Commission. Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of WAYNE SEGAL and the CITY; 7.1.2 upon WAYNE SEGAL'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 vedfied at the CITY's expense (to the extent not covered by applicable medical insurance maintained by the CITY) by a licensed physician mutually agreed upon by WAYNE SEGAL and the CITY, provided that state or federal law or regulation would not preclude or prohibit WAYNE SEGAL's separation under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the CITY. 7.1.3 at any time by the CITY MANAGER's and CITY COMMISSION's unilateral termination of WAYNE SEGAL's contract for the position. 7.1.4 the death of WAYNE SEGAL. 7.1.5 the resignation of WAYNE SEGAL. A resignation shall be submitted in writing and ~hall provide for an 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 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, WAYNE SEGAL shall be entitled only to: 7.2.i Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. 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 schedu le/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, WAYNE SEGAL shall be entitled to: 7.3.1 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.3.2 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 before 10/1/91; 7.3.3 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 before 10/1/91; herein. 7.3.4 The total accrued deferred compensation as provided by Article 4.2 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to WAYNE SEGAL's physical disability or death, WAYNE SEGAL or his guardian or personal representative shall be entitled only to the following compensation a~d benefits: 7.4.1 base salary through the last day that WAYNE SEGAL 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 before 10/1/91; and 7.4.4 life and/or disability benefits if applicable. 7.4.5 Article 4.2 herein. the total accrued deferred compensation as provided by 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to WAYNE SEGAL's resignation, WAYNE SEGAL 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 WAYNE SEGAL 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 before 10/1/91; 7.5.4 life and/or disability benefits if applicable. 7.5.5 Article 4.2 herein. the total accrued deferred compensation as provided by 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. Inapplica. bility 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. 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. 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. Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of.' 12.1.1 WAYNE SEGAL's heirs and personal representatives; and 12.1.2the 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 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. 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 Understandings 15.1 This Contract contains the entire agreement between the CITY and WAYNE SEGAL.- Ail prior agreements and understandings, whether written or oral, pertaining to the CITY's appointment of WAYNE SEGAL are fully abrogated and of no further force and effect from and after the date of this Contract. 15.2 Regardless of which party's counsel prepared the odginal draft and subsequent revisions of this Contract, WAYNE SEGAL 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, con strued against either of them. 15.3 The omission from this Contract of a term or provision contained in an eadier 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 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. CiTY Of BOYNTON BEACH WILF~D I:IAWKINS, INT~RIM CITY MANAGER APPROVED AS TO FORM' CITY A ~ [ORNEY S:ca~Agreements~Employment Agr~\Segal D~rector of Media and Public CommunfcaUons Suggested Performance Goals MACS (Marketing and Communication Strategists) Work with MACS: To redefine mission and membership To develop strategies for Public Image Task Force Report Tmplementation: Communication Audit Communication Plan Marketing Plan Surveys "Brand Boynton Beach" Collaborations Leadership Tnterviews PXN (Public Znformation Network) Work with PTN: To produce Employee News and Departments News: To post in Public Folders To publish Tn Employee Newsletter To post on Website To print in city newsletter To implement Public ~[mage Task Force Report (PI'I'F) Recommendations: City FaciliUes Audit Customer Service Audit Communication Products Produce: Employee Newsletter City Newsletter Reader Fdendly Budget/Rnancial [nformation (per PI'rF) Webmaster Work with webmaster: To develop creative concepts To produce/submit information City Contacts Meet with every City Commissioner Visit every Dept. and meet with Dept. Head and PTN contact Tdentify Marketing Strategies for appropriate Depts. Community Contacts Meet with Chamber President and Marketing Committee Meet with Associations, Organizations, and other stakeholders Meet with all Media contacts and local editors. Class Code 01049 Grade: Contract CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION FLSA: E CLASSIFICATION TITLE: Dill., MEDIA AND PUBLIC COMMUNICATIONS PURPOSE OF CLASSIFICATION ' The purpose of this classification is to develop, implement, and coordinate a comprehensive public information and communications program to dispense information about the city. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties nmy be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Consults with City Manager and other officials to review work activities, resolve pmblems, receive advice and direction, and provide recommendations; coordinates work activities with those of other city deparlments, community organi~'ations, outside agencies, or others as needed. Develops, implements, coordinates, and operates a comprehensive proactive public information and communications program; develops program goals consistent with department/city policy; revises/updates program and/or function goals as required; allocates and schedules resources to assure achievement ofprogram/fimction goals. Serves as general source for dispensing information about the city; prepares press releases, public service announcements, and special activity newsletters and news statements; prepares/presents information to the public, governmental agencies, civic organizations, - and the media; meets with other depamnents, agencies, consultants, and other individuals to receive/disseminate updated information. Responds to requests for information from the public and media representatives; provides information or directs requests to proper department for follow-through. Develops system to ensure current information on City activities is readily available to the public. Oversees/coordinates development and production of quarterly city-wide newsletters; assists with preparation of employee newsletters; assists in development of audio/video tapes, pamphlets, and brochures. Develops public notices of meetings and other program activities; provides for public awareness and access to program data/information. Collects, analyzes, interprets, and disseminates various data in oral/written format from local, regional, state, and national sources. Coordinates community affairs activities through the Neighborhood Project Specialist programs; monitors activities of Citizen Action Center through its coordinator; serves as the city's liaison to the Community Relations Board. © DMG-MAXIMUS, INC. Page 1 Last Revised: August, 1999 Cit~ of Bo~nton Beach, Florida · Director of Media and Public Communications 01049 Coordinates various public ceremonies, dedications, and special events; conducts tours as needed; represents agency for special events or on boards/task forces. Develops contingency pi,am to accommodate unexpected situations; anticipates variations m workflow and plans flexibility in work activities. Evaluates problems/situations and identifies problems needing to be addressed; records pertinent information to maintain current files. Prepares or completes various forma, reports, correspondence, newsletters, press releases, news statements, notices, public service announcements, or other documents. Receives various forms, reports, correspondence, news articles, program information, meeting/event notices, photographs, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, desktop publishing, or other soft, are programa. Attends various meetings; serves on committees as needed; makes speeches or presentations. Communicates with supervisor, employees, other departments, city officials, elected officials, the public, the media, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. ADDITIONAL FUNCTIONS Provides assistance to other employees as needed. Performs other related duties as required. MINI~ QUALIFICATIONS Four-year college degree preferably in P~blic Administration, Journalism, Public Rehtions or a related field and five (5) years job rehted experience. Knowledge of the practices and principles involved in implementing a public /nformation program. Ability to use desk-top publishing as needed for public information program. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Eouinment. Machinery. Tools, and Materinln Utili~.a~iod: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments. © DMG-MAXIMUS, INC. ~ Page 2 Last Revised: August, 1999 City of Boynton Beach, Florida · Director of Media and Public Communications 01049 Verbal A0titude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for develbping approaches and techniques to resolve problems. Situational Reasoning,: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Reauirements: Some tasks require the ability to perceive and discriminate colon or shades of colors, sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, rain, temperature extremes, or bright/dim light. The City of Boynton Beach, Florida, is an Equal Opportanity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © DMG-MAXIMUS, INC. ~* Page 3 Last Revised: August, 1999