R08-085
II I
1 RESOLUTION NO. R08-0%
2 i
3 i A RESOLUTION OF THE CITY OF BOYNTON BEACH,
I
4 FLORIDA, RATIFYING AN ACTION TAKEN BY THE SOUTH
5 CENTRAL REGIONAL WASTEWATER TREATMENT AND
6 DISPOSAL BOARD, ON JULY 31, 2008, AS STATED HEREIN;
7 AUTHORIZING AND DIRECTING THE CITY MANAGER AND
8 CITY CLERK TO EXECUTE SAID AGREEMENT; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
12 (SCR WTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
13 July 31,2008, as set forth in the attached Exhibit "A",
14
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
16 CITY OF BOYNTON BEACH, FLORIDA THAT:
17
18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption.
20
21 Section 2. The City Commission does hereby ratify the action taken by the South
22 Central Regional Wastewater Treatment & Disposal Board on July 31, 2008, as follows:
23
24 Authorize Executive Director's Contract and agreed to increase in
25 salary retroactive to June 1, 2008.
26
27 Section 3. This Resolution shall take effect immediately upon passage.
28 PASSED AND ADOPTED this 5'" day of August, 2008.
29
30
31 CITY OF BOYNTON BEACH,
32 FLORIDA
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38 z
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41 Commissioner Ronald el a /~
42 ATTEST: / J ,L:, //.
43 'C rcx~/~v/:"'. .~7
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44 commiS~~
45
46 ~ner- Marlene Ross
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49
erly Meeting 7-31-08 Ratification doc
AGENDA ITEM F3a
EMPLOYMENT AGREEMENT
~O'6- Ogn
AGREEMENT dated the day of , 2008, between SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter
called the "BOARD" and Dennis L. Coates, hereinafter called "COATES".
WIT N E SSE T H:
WHEREAS, the BOARD is desirous of employing COATES as the Executive Director for
the BOARD'S operation of the South Central Regional Wastewater Treatment and Disposal
Facility; and
WHEREAS, COATES is desirous of accepting such employment as Executive Director
on the terms and conditions as hereinafter set forth,
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. EMPLOYMENT: The BOARD hereby employs COATES as the Executive
Director of the BOARD, and COATES accepts such employment and agrees to
carry out the duties, functions, and obligations of the Executive Director as set
forth in that certain Interlocal Agreement entered into between the City of Delray
Beach and the City of Boynton Beach, Florida, dated December 26, 1974, and all
amendments thereto and, further to carry out such other functions and duties as
the BOARD shall from time to time direct. Although COATES accepts the tenure
of this employment to be at the pleasure of the BOARD, it is the BOARD'S intent
that COATES is being hired as a permanent employee and not a temporary
employee.
2. TERM: The term of employment of COATES by the BOARD shall commence full
time, effective July 31, 2008 and shall continue until terminated by either party.
3. COMPENSATION AND PERFORMANCE REVIEW:
A. The BOARD agrees to pay COATES an annual salary not to exceed One
Hundred Five Thousand Dollars ($105,000) which is payable at the rate
of $50.48 per hour for 40 hours per week for 52 weeks ("annual base
salary"). COATES' compensation shall be paid in weekly installments.
PAGE 1 OF 7
B. The BOARD agrees to provide COATES a compensation and
performance review at the January quarter-annual meeting each year
during the term of this Employment Agreement. The BOARD shall review
and evaluate the performance of COATES and consider appropriate merit
increases to COATES' salary at least once annually.
C. The term "annual base salary" as used in paragraph 3. A. above and in
this Agreement shall include the initial annual base salary specifically
referred to in 3.A. above and, as any merit increases are hereafter
granted by the BOARD shall also include the amount of any such
increases.
4. AUTOMOBILE ALLOWANCE: The BOARD currently leases an automobile which
has been utilized by the Acting Executive Director. The BOARD agrees to
provide COATES with the current or a similar automobile for business use only
provided however, that COATES shall be entitled to utilize the said vehicle for
commuting between home and work. The BOARD agrees to pay all operating
and maintenance expenses of said vehicle including the insurance therefore.
COATES agrees that said vehicle shall not be used for personal or private
purposes.
5. RETIREMENT PLAN: The BOARD agrees to allow COATES to participate in the
BOARD'S retirement program being currently administered by Northern Trust.
The rates of contribution, as a percentage of COATES' annual base salary as set
forth in Paragraph 3.A. above shall be at the rate of six percent (6%) employee
contribution and ten percent (10%) employer contribution.
6. INSURANCE (DISABILITY, MEDICAL, DENTAL. AND LIFE): The BOARD
agrees to provide COATES with such medical, disability, dental, life and other
insurance as are provided the general employees of the BOARD from time to
time.
7. VACATION AND SICK LEAVE:
A. COATES shall accrue vacation time at a rate provided to BOARD
employees pursuant to the prevailing personnel policy as in effect from
time to time during the term of this Agreement. COATES shall give the
Chairman of the BOARD reasonable notice of his intended vacation time.
COATES shall be entitled to the same vacation leave as granted from
time to time the general BOARD employees pursuant to the BOARD'S
personnel policy, including any limitations on maximum accrual.
PAGE 2 OF 7
B. COATES shall be entitled to the same sick leave as granted from time to
time the general BOARD employees pursuant to the BOARD'S personnel
policy, including any limitations on maximum accrual.
8 HOLIDAYS: COATES shall be entitled to the same holidays as are provided to
the other general employees of the BOARD.
9. PROFESSIONAL DEVELOPMENT:
A. The BOARD agrees to budget for and pay the reasonable and necessary
travel and subsistence expenses of COATES for professional and office
travel, meetings, and occasions adequate to continue the professional
development of COATES and to adequately pursue necessary official and
other functions and business of the BOARD. All travel and subsistence
expenses under this Agreement shall be paid or reimbursed in
accordance with Section 112.061 of the Florida Statutes as now existing
and as amended from time to time.
B. The BOARD also agrees to budget and to pay for the reasonable and
necessary travel and subsistence expenses of COATES for short
courses, conferences, institutes, and seminars that are necessary for his
professional development and for the good of the BOARD.
C. Education: In that the BOARD deems the furthering of COATES'
education in the fields relating to his employment are of significant
importance and benefit to the BOARD, the BOARD also agrees to budget
and to pay COATES' books, tuition fees and other costs (including but not
limited to travel and subsistence) for COATES' continuing education
classes that are required to maintain his Florida Department of
Environmental Protection Class "A" Operations License during the term of
this Agreement. COATES agrees that he will fulfill and comply with all
requirements that are necessary to maintain his Class "A" Operations
License during the term of this Agreement.
10. DUES AND SUBSCRIPTIONS: The BOARD agrees to budget and to pay
for the professional dues and subscriptions necessary for his continuation and
full participation in national, regional, state and local associations and
organizations necessary and desirable for his continued professional
participation, growth and advancement, and for the good of BOARD.
PAGE 3 OF 7
11. TERMINATION: Termination of this Agreement may occur in the following
manner:
A. The BOARD shall be entitled to terminate this Agreement for any reason
or no reason, without cause, immediately upon delivery of written notice
of such termination to COATES. In the event COATES is terminated by
. the BOARD during such time that COATES is willing and able to perform
his duties under this Agreement, then in that event the BOARD agrees to
pay COATES a lump sum cash payment as follows:
(i) In the event the termination occurs during the first year of such
employment the severance payment shall be equal to eight (8)
weeks of annual base salary as set forth in Paragraph 3.A. above;
(ii) In the event the termination occurs during the second year of such
employment, the severance payment shall equal twelve (12)
weeks of annual base salary as set forth in Paragraph 3.A. above;
(iii) In the event the termination occurs during the third or later year of
such employment the severance payment shall equal sixteen (16)
weeks annual base salary as set forth in Paragraph 3.A. above.
Provided, however, that notwithstanding the foregoing provisions, in the
event COATES is terminated because of his being found guilty by a court
of competent jurisdiction of an illegal act involving personal gain to him, or
of any felony or misdemeanor involving moral turpitude, then in that
event, the BOARD shall have no obligation to pay any aggregate
severance pay designated in this Section. The said severance pay shall
be paid within thirty (30) days following such termination.
B. COATES shall be entitled to terminate this Agreement upon thirty (30)
working days' advance written notice to the BOARD during the first twelve
(12) months of this Agreement or upon sixty (60) days' advance written
notice to the BOARD after twelve months from the date of this
Agreement.
C. In the event of a termination of this Agreement by COATES, the BOARD
shall not be required to pay any severance pay and, further, provided that
in the event of a termination of this Agreement by COATES without
providing the required notice as herein provided, COATES shall forfeit all
PAGE 4 OF 7
accrued sick leave compensation to which he may be entitled pursuant to
the Board's personnel policy as hereinabove referred to.
12. INDEMNIFICATION:
A. The BOARD shall provide a legal defense to COATES and
indemnification, for any litigation brought against him as a result of his
performance of his duties under this Agreement, except to the extent that
such claim is the result of his culpable negligence, malice or criminal act.
The BOARD shall have the right to compromise and settle any such claim
or suit and pay the amount of any such settlement or judgment rendered
thereon, in its sole discretion.
B. The BOARD shall bear the full cost of any fidelity or other bonds which
may in the future be required of COATES by law or ordinance.
13. NOTICES: Notices pursuant to this Agreement shall be given by deposit in
the custody of the United States Postal Service, postage prepaid, addressed as
follows:
BOARD: Chairman
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
(with copy to:)
Roger Saberson
70 Southeast 4th Avenue
Delray Beach, FL 33483
COATES: Dennis L. Coates
2222 Bethel Blvd
Boca Raton, FL 33486
Alternatively, notices required pursuant to this Agreement may be personally
served in the same manner as is applicable to civil judicial practice. Notice shall
be deemed given as of the date of personal service or as of the date of deposit of
such written notice in the course of transmission in the United States Postal
Service.
14. GENERAL PROVISIONS:
PAGE 5 OF 7
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the COATES.
C. If any provision, or any portion thereof, contained in this Employment
Agreement is held unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
WITNESSES: d~
~4~' P (Joh4,AA.) By: ? C~
~~~ Dennis Coates
SO NTRAL REGIONAL
WASTEWATER TR
Attestt/1L/~ DISPOSA A
BY: "-
Chairman
The above Agreement is hereby ratified in open session by the City of Delray Beach this _
day of , 2008, by vote.
Mayor
ATTEST:
City Clerk
Approved as to form:
City Attorney
PAGE 6 OF 7
The ab~Agreement is hereby ratili~ in open session by the City 01 Boynton Beach this ~
day of ('L#~~F , 2008, by S ,c) vote.
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PAGE 7 OF 7
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JUL Y 31, 2008
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 31, 2008 by a vote of 8-0, Authorized Executive Director's
Contract and agreed to increase in salary retroactive to June 1, 2008.
.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
SY4? day of ,t:!'jd $(.,1 , .:? t7~J S' ,by a 5- 0 vote.
CITY OF BOYNTON BEACH
By:
Attest: .--<-lma .
,/ ty Clerk- li~ Pt.<-rj
F:ldocsIBdMtgsIRatifsI2007-200B\BoyntonBeachRatif 07-31-200B.doc
The Citg ol801)nton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.u5
www.boynton-beach.org
August 8, 2008
Lori A. Osborn
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, Florida 33445
Re: RATIFICATION OF SCRWTD BOARD ACTION OF JULY 31,2008
Dear Lori:
Attached is the fully executed original of the Ratification of South Central Regional
Wastewater Treatment and Disposal Board Action of July 31, 2008.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
/'~~
,/ ~
~dith A. Pyle
Deputy City Clerk
Attachment
c: Central File, Re50 Book
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2008\SCRWTD BOARD ACTIONS OF 7-31-08 - TRANSMmAL.doc
America's Gateway to the Gulfstream
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
BOARD Telephone
City Council Members of (561! 272-7061 (561) 734-2577
Boynton Beach & Delray Beach Fax: (561)265.2357
www.scrwwtp.org
August 1, 2008
- Hand Delivered -
Ms. Janet Prainito n
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CITY OF BOYNTON BEACH 0) ~-<
100 East Boynton Beach Boulevard > -<0
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Boynton Beach, Florida 33435 G')
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South Central Regional Wastewates.. ;:JI;:
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Ratification for Sianature - "".
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Dear Janet: .....
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Attached are the ratifications from the Quarterly Annual Meeting of July 31, 2008 which
require signatures. Could you please place these on the Agenda for your next
Commission meeting?
When you have all the signatures, keep one signed copy for your files and return one
executed agreement to us along with the signed Ratifications.
Please contact me at 272-7061 or losborn@scrwwtO.orQ when the Ratifications are
executed and I will make arrangements to pick them up. If you have any questions,
please do not hesitate to contact me.
Sincerely,
~h'at?4hhN
Lori A. Osborn, CPS/CAP
Executive Assistant
Attachments
c: 02-902
F:\docslBdMtgslRatifslRA TIFICA TION LETTERSIBoynton Rat letter 08-01-08. doc