R22-139 1 RESOLUTION NO. R22-139
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPOINTING DANIEL DUGGER AS CITY
5 MANAGER OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AND AUTHORIZING AND DIRECTING THE MAYOR TO
7 SIGN THE APPOINTMENT AGREEMENT ON BEHALF OF
8 THE CITY WITH DANIEL DUGGER, AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS,the City desires to employ the services of DANIEL DUGGER as City Manager
12 of the City of Boynton Beach, Florida, as provided in Article IV, Section 49 of the City Charter of
13 Boynton Beach, Florida; and
14 WHEREAS, it is the desire of the City Commission to provide certain benefits and
15 requirements regarding the employment of DANIEL DUGGER by the City; and
16 WHEREAS, Daniel Dugger wishes to accept employment as City Manager of the City of
17 Boynton Beach, Florida, under the terms and conditions mutually agreed upon; and
18 WHEREAS,the City Commission of the City of Boynton Beach Florida deems it to be in
19 the best interest of the citizens and residents of the City to appoint Daniel Dugger as City
20 Manager and authorize the Mayor to sign the Appointment Agreement.
21 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
26 appoint DANIEL DUGGER, as City Manager of the City of Boynton Beach, Florida and directs
S:1CA\RESO\Appoint Dan Dugger City Manager And Approve Agreement-Reso.Docx
27 the Mayor to sign the Appointment Agreement on behalf of the City of Boynton Beach with
28 DANIEL DUGGER, said Agreement being attached hereto as Exhibit "A", and incorporated
29 herein by reference.
30 Section 3. That this Resolution shall become effective immediately.
31 PASSED AND ADOPTED this 22nd day of September, 2022.
32 CITY OF BOYNTON BEACH, FLORIDA
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34 YES NO
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36 Mayor-Ty Penserga
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38 Vice Mayor-Angela Cruz
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40 Commissioner-Woodrow L. Hay
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42 Commissioner-Thomas Turkin
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44 Commissioner-Aimee Kelley
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46 VOTE
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48
49
50 s ATTE T:
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59 ° 'NCORP°11g°1 ; Michael D. Cirullo,Jr.
60 111 •••• 192°: � City Attorney
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S:1CA\RESO\Appoint Dan Dugger City Manager And Approve Agreement-Reso.Docx
APPOINTMENT AGREEMENT
THIS AGREEMENT, made and entered into this -� day of September 2022, by and between the City of
Boynton Beach, Florida, a municipal corporation, ("CITY") and DANIEL DUGGER ("CITY MANAGER"), pursuant to
these terms and conditions:
WITNESSETH:
WHEREAS, the City Commission ("COMMISSION"), pursuant to the City Charter and Code of Ordinances
has the power of appointment of the City Manager; and,
WHEREAS, the Commission has determined that DANIEL DUGGER shall be appointed to serve as City
Manager and wishes to provide terms and conditions of appointment; and
WHEREAS, DANIEL DUGGER wishes to accept appointment as CITY MANAGER of the CITY under the terms
and conditions recited herein.
NOW, THEREFORE, the COMMISSION, acting on behalf of and for the benefit of the CITY, and CITY
MANAGER agree as follows:
1.0 Duties
1.1 CITY MANAGER shall perform the functions and duties pursuant to Article II, Section 20 of the City
Charter, Article II of Chapter 2 of the City Code and other legally permissible and proper duties
and functions as required of the office or as directed by the COMMISSION.
1.2 CITY MANAGER agrees to perform the duties of CITY MANAGER with care, diligence, skill and
expertise.
2.0 Salary
2.1 CITY will pay CITY MANAGER an annualized base salary of Two Hundred Five Thousand Dollars
[$205,000.00], payable in equal bi-weekly payments; paid at the same time that other managerial
level employees of the CITY are paid.
3.0 Performance Review.
3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation no less than
annually, utilizing a process, form, criteria, and format for the evaluation which shall be agreed
upon by the members of the COMMISSION in consultation with the CITY MANAGER.
3.2 In conjunction with any review of performance, the COMMISSION may increase the base salary
and/or other benefits of CITY MANAGER in such amounts and to such extent as the COMMISSION
may determine is proper.
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3.3 The COMMISSION may,from time to time,grant the CITY MANAGER a performance-based bonus,
provided the bonus is granted in accordance with s. 215.425, Florida Statutes.'
4.0 Terms of Appointment
4.1 The term of this agreement commences October 1, 2022.
4.2 The CITY MANAGER serves at the pleasure of the City Commission and therefore the appointment
has no fixed term.
4.3 Nothing in this Agreement shall limit the right of the COMMISSION to terminate the appointment
of CITY MANAGER at any time, subject only to the provisions set forth in Section 5.0 of this
Agreement.
4.4 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY
MANAGER to resign at any time from his position with the CITY, subject only to the provisions set
forth in Section 5.0 of this Agreement.
5.0 Termination Conditions and Pay
5.1 This Agreement shall terminate:
5.1.1 By mutual agreement of CITY MANAGER and the CITY.
5.1.2 By the CITY COMMISSION's unilateral termination of CITY MANAGER.
5.1.3 Death of CITY MANAGER.
5.1.4 Resignation of CITY MANAGER.
5.1.5 Amendment of the City Charter or Code of Ordinances pertaining to the role, powers,
duties, authority, responsibilities of the CITY MANAGER's position that substantially
changes the authority of the CITY MANAGER,in which case,the CITY MANAGER shall have
the right to declare that such amendments constitute unilateral City termination in the
same manner as 5.1.2 above.
5.2 In the event of a conflict between the severance benefit terms of this agreement and the
limitation on severance benefits as provided in s. 215.425, Florida Statutes, the provisions of the
statute shall prevail.
6.0 Rights and Obligations Upon Unilateral Termination by CITY.
6.1 Unilateral termination shall be by vote by the COMMISSION and need not reflect performance
related reasons. In the event of a termination for misconduct, the CITY MANAGER is not entitled
to severance pay in accordance with s. 215.425, Florida Statutes. If this Agreement is terminated
by unilateral action by the CITY not based on misconduct, CITY MANAGER shall be entitled to:
1 All references to State statute mean the cited statute as amended or renumbered from time to time.
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6.1.1 Unpaid base salary through the effective date of the termination.
6.1.2 Twenty [20] weeks of severance pay.The term severance pay shall have the meaning as
set forth in s. 215.425, Florida Statutes.
6.1.3 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement.
6.1.4 One hundred percent [100%] of all earned and accrued vacation leave.
6.1.5 Fifty percent [50%] of all earned and accrued sick leave.
7.0 Rights and Obligations Upon Termination by Mutual Agreement.
7.1. If this Agreement terminates upon mutual agreement of the parties, the negotiated terms of
severance shall be consistent with the limitation on severance pay as set forth in s. 215.425,
Florida Statures.
8.0 Rights and Obligations Upon Termination Due to Disability or Death.
8.1. If this Agreement terminates due to CITY MANAGER's disability or death, CITY MANAGER or his
guardian or personal representative shall be entitled to the following compensation and benefits:
8.1.1 Base salary to date of death or last day of work if disability.
8.1.2 Reimbursement for as-yet unreimbursed business expenses pursuant to this Agreement.
8.1.3 Fifty percent [S0%] of earned and accrued sick leave and one hundred percent [100%] of
vacation leave.
8.1.4 Life and/or disability benefits, if applicable.
8.1.5 Accrued deferred compensation.
8.1.6 In the event of any disagreement or dispute regarding to whom payment shall be made,
the CITY may rely on a court order or in the absence of an order, may interplead the
payment with a court of proper jurisdiction.
9.0. Rights and Obligations Upon Termination Due to Resignation.
9.1. If this Agreement terminates due to CITY MANAGER's resignation,CITY MANAGER shall be entitled
only to the following compensation and benefits:
9.1.1 Base salary through the date of resignation or such other date as mutually agreed to
between CITY MANAGER and the CITY.
9.1.2 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement.
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9.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of
vacation leave.
9.1.4 Accrued deferred compensation.
9.2. A resignation shall be submitted in writing to the COMMISSION through the City Clerk and shall
provide for an actual resignation date no fewer than thirty [30] days following the date of notice
of resignation.The COMMISSION may establish an earlier separation date, but compensation and
benefits shall accrue through the full thirty [30] days.
10.0 Automobile
10.1. The CITY shall provide use of a vehicle to the CITY MANAGER which shall be used for business and
unlimited personal use. The vehicle shall be suitable for conducting City business and of
comparable quality to vehicles purchased for or assigned to City Managers in Palm Beach County.
The CITY shall be responsible for paying for liability, property damage, and comprehensive
insurance, and for the purchase (or lease), operation, maintenance, repair, and regular
maintenance of a take home automobile.
11.0 Additional Benefits.
11.1 The CITY will pay the premiums for employee group medical, dental, and vision insurance for the
CITY MANAGER and his dependents. Each January, the CITY will also fund the CITY MANAGER'S
health savings account to the IRS maximum family contribution amount.
11.2 The City will pay the premiums for employee group short-term and long-term disability insurance.
11.3 CITY shall pay for and provide the CITY MANAGER with term life insurance in the amount of Three
Hundred Forty Thousand Dollars[$340,000.00]. The City will not be responsible for policy renewal
after the date of termination of appointment.
11.4 CITY and CITY MANAGER will execute all necessary agreements provided by the International City
Management Association-Retirement Corporation (ICMA-RC) for CITY MANAGER's participation
in said ICMA-RC retirement plan, or any other comparable deferred compensation program. In
addition to the base salary paid by the CITY to CITY MANAGER, CITY will pay an amount equal to
the IRS maximum allowable contribution,which shall also include the IRS maximum allowable for
"catch up" provisions upon eligibility, into the ICMA-RC on CITY MANAGER'S behalf, in equal
proportionate amounts each pay.
11.5 CITY MANAGER will accumulate vacation leave and may cash out leave as provided under the
rules and regulations for other managerial employees of the CITY.
11.6 CITY MANAGER will accumulate sick leave and may cash out leave as provided under the rules
and regulations for other managerial employees of the CITY.
11.7 CITY MANAGER is eligible to receive reimbursement for educational expenses toward the
attainment of a Master's Degree, in an amount not to exceed Five Thousand Two Hundred Fifty
Dollars [$5,250.00], per calendar year.
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11.8 The CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for
professional and official travel and meetings to continue the professional development of the CITY
MANAGER and to pursue necessary official and other functions for the CITY including but not
limited to his attendance at the Annual Conference of the International City/County Management
Association, and conferences and meetings sponsored by the Florida City/County Management
Association, and such other national, regional, state, and local organizations, civic groups, and
committees which the CITY MANAGER of the CITY is a member and as the CITY may designate.
11.9 CITY will pay for the registration,travel and subsistence expenses of the CITY MANAGER for short
courses, institutes, and seminars that are necessary for this professional development and the
good of the CITY.
11.10 The CITY will pay for the professional dues and subscriptions of CITY MANAGER necessary for his
continuation and full participation in national, regional, state and local associations, civic groups,
committees, and organizations necessary and desirable for his continued professional
participation,growth and advancement,and for the good of the CITY, including but not limited to
ICMA, FCCMA, PBCCMA.
11.11 The CITY will provide the CITY MANAGER with a clothing allowance in the amount of One
Thousand Five Hundred Dollars [$1,500.00], payable in quarterly installments of Three Hundred
Seventy-five Dollars [$375.00].
12.0 Reimbursable Business Expenses
12.1 CITY will reimburse CITY MANAGER for all business-related expenses upon presentation to the
Finance Director of duly executed expense vouchers, receipts, statement or personal affidavits.
13.0 Outside Activities
13.1 The appointment provided for by this Agreement shall be the CITY MANAGER's primary
employment. Recognizing that certain outside consulting or teaching opportunities provide
indirect benefits to the CITY and the community, the CITY MANAGER may elect to accept limited
teaching, consulting or other business opportunities with the understanding that such
arrangements must neither constitute interference with nor a conflict of interest with his
responsibilities under this Agreement.
14.0 Indemnification
14.1 CITY shall defend, hold harmless from, and indemnify CITY MANAGER against any tort,
professional liability claim, or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of CITY MANAGER's duties
as CITY MANAGER. CITY shall either compromise and settle any claim or suit or pay the amount
of any judgment against CITY MANAGER rendered thereon, if not compromised and settled.
14.2 CITY reserves the right to select, appoint, retain, and discharge legal counsel necessary to provide
the foregoing defense.
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15.0 Bonding
15.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITY MANAGER under
any law or ordinance.
16.0 Other Terms and Conditions of Appointment
16.1 The CITY has appropriated funds of the CITY in an amount sufficient to fund and pay all financial
obligations of the CITY MANAGER pursuant to this Agreement, including but not limited to, the
Severance and other benefits set forth above.
16.2 The COMMISSION, in consultation with the CITY MANAGER, shall fix such other terms and
conditions of appointment, as it may determine from time to time, relating to the performance
of CITY MANAGER, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of the Agreement, the City Charter or any other law but no subsequent
agreement that would modify monetary benefits is binding on the parties unless reduced to
writing and approved and signed with the same formalities as this Agreement.
16.3 There are no established hours of work for the CITY MANAGER. The CITY MANAGER shall dedicate
himself to the tasks necessary to effectively and efficiently manage the affairs of the CITY. The
CITY MANAGER may adjust his regular work schedule to balance the demands of extended
business days and night meetings, upon reasonable notice to the COMMISSION.
16.4 The CITY will provide the CITY MANAGER with a laptop computer or other similar electronic
devices suitable for on and offsite business use.
17.0 Binding Effect
17.1 The Agreement shall be binding on the CITY and CITY MANAGER and the successors, assigns, and
heirs of each respectively.
17.2 The effective date of the Agreement shall be the date it is last signed by either the CITY or the
CITY MANAGER.
End of Agreement-Signature Page Follows
Appointment Agreement—Daniel Dugger
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IN WITNESS WHEREOF,the parties sign and execute this Agreement.
CITY OF BOYNTON BEACH, FLORIDA
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Appointment Agreement—Daniel Dugger
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