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R97-113RESOLUTION NO. R97-//,~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF LARRY QUINN AS ASSISTANT DIRECTOR OF PUBLIC WORKS OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH LARRY QUINN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Larry Quinn as Assistant Director of Public Works 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 Larry Quinn 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 LARRY QUINN as Assistant Director of Public Works 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 Larry Quinn, 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 ATTEST: ,/,.~' day of ~ , 1997. CITY OF BOYNTON BEACHj FLORIDA Mayor-' '_ ~ ~ommission~r Commissioner Commissioner 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 LARRY QUINN. RECITALS The CITY and LARRY QUINN 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 LARRY QUINN as the Assistant Director of Public Works for the CITY, and desires to undertake that appointment. C. In selecting LARRY QUINN to be appointed as Assistant Director of Public Works 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. LARRY QUINN represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as Assistant Director of Public Works ahd that the performance of such duties are specialized in nature. D. The CITY and LARRY QUINN wish to reduce their agreements to writing in order to describe their relationship with each other, to p~'ovide a basis for effective communication between them as they fulfill their respective governance and administrative functions in the operation of the Public Works Department of the CITY and to enhance administrativ~ stability and continuity within the Public Works Department. E. The position of Assistant Director of Public Works 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 [.ARRY QUINN. F. Nothi.ng 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 ,t,o organize, reorganize, create, or abolish the CITY work force, including the appointment referenced herein. 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 appropriation or non-appropriation of funds earmarked for departments, positions, appointments. Accordingly, on the foregoing premises covenants contained in this contract; the C of the mutual ~ollows: ARTICLE 1 Agreement for Appointment 1.1 The CITY MANAGER hereby appoints LARRY QUINN to serve-as Assistant Director of Public Works for the CITY and LARRY QUINN hereby accepts that appointment and undertakes that appointment. 1.2 LARRY QUINN is an at will employee of the CITY. By acceptance of this Contract LARRY QUINN acknowledges that there has been no representation or promise, express or implied fixing the ter~r~ ~3f 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, LARRY QUINN shall: 2.1.1 Serve as the Assistant Director of Public Works of the CITY and shall perform the job responsibilities as set forth on Exhibit 'W'; 2.1.2 Perform such additional job responsibilities related to the Public Works of the CITY as assigned by the CITY MANAGER or his/her designee. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract~, the Assistant Director of Public Works 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. $ ca'~Agreeme nt$',Em oloym ent~Qu mn 712/97 -2- date as mutually agreed to between LARRY QUINN and the CITY MANAGER; 7.5.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 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 Contqact 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 Co.ntract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. 5 c a ~Agreements~,Ern ~toyment~(3 u~n n 7/2197 -7- 2.2.3 not engage in conflicting outside employment except with prior-- written disclosure to and written consent of the CITY MANAGER or his/her designee 2.2.4 keep the CITY MANAGER or his/her designee fullY'informed in: advance of all travel and act ~ at a time. All,travel Annual Performance Goals and Evaluation 3.1 The CITY MANAGER or his/her designee shall review and evaluate the performance of LARRY QUINN at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with specific criteria developed by the MANAGER or his/her designee. The criteria may be added to or ~NAGER or his/her designee may from time to time determine. Further, th, ~er deSignee shall provide LARRY QUINN with summary written statement of the evaluation and provide an adequate opportunity for LARRY QUINN to discuss his evaluation with the MANAGER or his/her designee. Annually, the MANAGER or his/her desiqnee and LARRY QUINN shall define such goals and performance objectives that they determine necessary for the proper operation of the Public Works 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 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. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The CITY shall pay to LARRY QUINN an annual salary of FORTY-SIX THOUSAND -I-VVO HUNDRED AND 00/100 ($46,200) 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 LARRY Q UINN consistent with reimbursement policies for CITY managerial employees. $ ca~,Agr een'~ents~.ErnDIoyrneflt~Quin~ 7/2/97 -3- 4.3 Automobile. LARRY QUINN shall have use of a CITY vehicle during all work hours. 4.4 Health Insurance. LARRY QUINN shall receive the same benefit provided to non,union City employees hired after 10/1/91. 4.5 Disability Insurance. LARRY QUINN shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.6 Life Insurance. LARRY QUINN shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.7 Participation in Retirement System. Retirement benefits shall be provided to LARRY QUINN as set forth on Exhibit "B". 4.8 Holidays. LARRY QUINN shall be entitled to observe the same paid legal holidays as non-union employees hired after 10/1/91. 4.9 Vacations. LARRY QUINN shall be entitled to observe the same vacation accrual as non-union employees hired after 10/1/91. 4.10 Sick Leave. LARRY QUINN shall be pntitled 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 CiTY shall: Indemnification of the Assistant Director of Public Works. The 5.1.1 defend and indemnify Larry Quinn 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 LARRY QUINN in a ~:ivil a(~tion arising out of and in the course of t~ie performance of his duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongdoing by LARRY QUINN. 5.1.3 CITY reserves the right to select, appoint, discharge legal counsel necessary to provide the foregoing defense. retain, or 7/2/97 --4- 6.1¸ commence on ARTICLE 6 Duration of Contract LARRY QUINN's appointment and the term of this Contract shall Termination of COntract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual'agreement of LARRY QUINN and the CITY; 7.1.2 upon LARRY QUINN'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 LARRY QUINN's Contract for the position. 7.1.4 the death of LARRY QUINN. 7.1.5 the resignation of LARRY QUINN. A resignation shall be submitted in writing and shall provide for a actual resignation date no later than forty- five (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY. Unilateral termination shall be in 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, LARRY QUINN 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 S.ca\Agreem ents'~Ern ployment~Q uinn 7/2/97 -5- schedule/formula for non-union employees hired after 1011191; 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, LARRY QUINN shall be entitled to: 7.3.1 base salary accrued to the agreed date of termination; 7.3.2 to this Cr~ntract; 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 LARRY QUINN's physical disability or death, LARRY QUINN 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 LARRY QUINN 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 LARRY QUINN's resignation, LARRY (~I:31NN shall be entitled only to the following compensation and benefits: 7.5.1 S ca~Agreem e~!$\tE m DloymenlAQul nn 7/2/9 7 base salary through the date of resignation or such other -6- ARTICLE 12 12.1 Applicability to Successors This Contract shall be ,binding on and inure to the benefit of: 12.1.1 LARRY QUINN's heirs :and'persOnal representatives; and 12.1.2the CITY regardless of changes rin 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. ARTICLE 15,, Integration of Ali Agreements and Understandings 15.1 This Contract contains the entire agreement between the CITY and LARRY QUINN. All prior agreements and understandings, whether written or oral, pertaining to the CITY's appointment of LARRY QUINN 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, LARRY QUINN 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 7/2/97 -8 -- 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. EXECUTED on the respective dates set forth below. LARRY QUINN CiTY Of BOYNTON BEACH By: KERRY WILLIS, CITY MANAGER Dated: Dated: By: MAYOR Dated: 7/;~cJ7 -9-