R98-094II
RESOLUTION NO. R98-?~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF NANCY E. BYRNE AS
ASSISTANT TO THE DIRECTOR DEVELOPMENT OF
THE CITY OF BOYNTON BEACH, FLORIDA AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
APPOINTMENT CONTRACT ON BEHALF OF THE
CITY WITH NANCY E. BYRNE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of Nancy E. Byrne Quinn as Assistant to the Director of Development 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 Nancy E. Byrne 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 Nancy E. Byrne as Assistant to the Director
of Development 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 Nancy E Byrne, 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 May, 1998.
ATTEST:
'CityC'Clerk
CITY OF BOYNTON BEACH, FLORIDA
C~s~'on~e ' '
s:ca\res\em ployment\Byme Re. so
ASSISTANT TO TIlE DIRECTOR OF DEVELOPMENT
~_ature of Work:
This is an administrative and financial position responsible for the coordination of all
financial and administrative work of the Department of Developmem in a supportiag
role. The person tn this position is soldy responsible to the Department Dkector and
operates with the authori;y delegated to him/her by Director,
'~iask Statements:
Note: These examples are intended only az illustrations of the various types of work
performed in this class~cation. 7~e omission of specific statement of duties
do~$ not exclud~ thom from thz position if the work is similar, relate~ or a logic, al
a~gnment for this poz~tion.
AdministrativeDulies:
· Receives, processes, distributes and fries all written communication, letters,
memoranda, reports, etc. address~ to Department Director.
· Maintains all electronic and paper filing systems and logs for the Department
Director. ..
· Communicates with all Divisions of the Department and represents Director in
requesting administrative information and resolving administrative issues.
· Advises Director of administrative details relative to day-to-day functions of the
Department and of the City government.
· Maimaias the "Personnel" r~,ords ofthe Depaliment staff.
· ..... Or-~iii ~CiVS~-~gram'o--f't-h'~-D-~artment staff based on instructionz, goals,
objectives and schedules given by Director.
· Maintains the orsanizational stm~-~ure of the Department.
· Maintains aH records oft. he City ofBoynton Beach.Plannl.n_g & Development Board
and prepares its agenda.
· Maintains R~e appointment calendar ofthe Dir~or and calendar of important events.
· R~ews and revises Department Administrative Procedures and Polic3r Manual as
· Types letters, memoranda, reports, etc.
Executes special assignments given by Director.
Financial l~lti,~;
· Requests, receives, and processes all payroll iafor~a~on ~om aH Divisions of the
Department and transmits the infotmalion for payment.
· Prepares and maimains the budget for the Department.
· Ken,ps the accounts and other re~ords for personnel services.
* Ch~ks the acx:uracy of ail p~yroll accounts and individual pay records.
* Maintains and crosschecks with the Department budget, the budgets of individual
Divisions and keeps l~dgers.
ASSISTANT TO THE DIRECTOR OF DEVELOPMENT - Page
Receives and reviews al! time reports from Divisions ofthe Department and checks
against the authorized payroll.
Maint~s accounting and other controls relative to journal entries, budget controls,
gross payrolls, revenue and expenditures.
Requests, receives, and processes ali cash reports of fees collected daily from the
Divisions of the Department, secures the cash in Departmen! safe and deposits with
City Finance Officer ~ instructed,
Prepares financial reports for the Department with data provided by the Divisions of
the Department.
Submits to internal and external auditors and makes all Department records available.
Operates electronic equipment and uses soRware necessary for accounting
procedwes.
~eeps Dkector i~formed ~t aJ] ti~es ~bout. the s~tus (~fDepa.~men~ budset and
ledsers.
~ducatign and Job Related Exverience:
· Four-year college degree, preferably ia Public Administration and/or Fia~¢ial
Services, plus three years job-related experience.
· £xercises dis~etion, !act and iadependentjudl/emen! and has the ability to make
important decisions.
· Demonstrates working knowledge ofrelevan~ legal and adminisixalive i$~1e$,
p..r.o~_u.~.s., rules and re~...l._a, ti_on..s__.~_n_~in$ the Department and City
adminisUatior~
· Organizes work to use time effecxively.
· Learns and adjusts well to new methods, situations, conditions and changes.
· Familiar wifla Plannin$, Zoning, Building, Engineering and Development
operations or,he City.
· Orgs~i:,es, coordinates and maintains complex accounting and rtw, ord systems.
· Knows Federal and Sm~e banl~g laws and relgalagons pertaining to th~ disposition
of payment ch~ks.
· Maintains dear, concise and acaarate records,
· Has workin~ knowledse of Microsoft and other computer so/t~are programs used
by City admiaistratio~
Can type 45 words-per-minute minimum on the cflmputer.
· Has th~ ability to sp~k and communicate dearly and, oourt~oualy.
· Has the discretion and reseawe for handling large amouais of cash daily.
ASSISTANT TO TUF~ DIRECTOR OF DEVELOPMENT - Page 3
Physical Demands:-
__.
Degree of physical demands (strength) usually associated with this classification:
Light Work: Exeriing up to 20 pounds of force occasionally and/or up to I0 pounds of
force frequemly, and/or a negligible amount of force constantly to move objects.
Physical demand requirements ~re 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
worke~ sits most of the t. ime, the job is rated for light work.
Types of physical dem&uds usually associated with this classification:
Talking - l~xpressing or exchanging ideas by means of spoken word. Hearing -
Perceiving flarare'of sounds by ear. Seeing - The ability :o perceive the nature of objects
by the eye. Handling - Seizing, holding, graspillg, turltiag or otherwise working with
hand,.or hands~ fingering aot involved.. F'mgenng -' Picking, pinchin g or otherwise
wor~mg with fingers primarily, rather than with whole hand or arm as in handlir~.
Driving - Must possess a valid Florida Driver license.
Environmental Conditions:
Physical surroundings usually associ&ted with classification: '
The worker is subject to inside environmental conditions - Protection from weather
conditions but not necessarily fi-om temperature changes.
Machines. Tools. Eoui?ment' _s~d Work A;~- which may be representative, but not all-
inclusive, of those commonly associated with this type of work:
Computer, typewriter, telephone, radio and base station, copier. FAX, Microfiche Reader
& Printer, Dictaphone/calculator, pen, pencil, ruler, blueprints, charts, contracts,
diagrams, directives, documents, forms, mnnlial$, publications, reference books,
schedules, specifications, etc.
~Cl'fIMAIN~HRDATA~Developmenl~ugdlng.~7,01Dooument~j O8~F. oo~.nlc Rmarct~
CITY OF BOYNTON BEACH PENSION PLAN FOR GENERAL EMPLOYEES
SUMMARY ANNUAL REPORT
The City of Boynton Beach Pension Plan for General Employees is a defined benefit pension plan
administered by a Board of Trustees. It was created by City Ordinance and can be found in the
Boynton Beach City Ordinance beginning in Section 18-55. It is intended to be administered under
Chapter 112, F.S. The plan year ends on September 30. and records are maintained on a plan year
basis.
The Board of Trustees is the Plan Administrator. The following individuals are members of the Board
of Trustees:
Mayor Gerald Taylor, Chair
Robert Foot
Charles Frederick
Gary Haylock
Mark Law
Bill Lynch
Kerry Willis
The Board of Trustees is the agent for the services of legal process. Their address is:
1~.0 East Boynton Beach Boulev. ard
Boynton Beach, Florida 33425-0310
A description of the benefits of the Plan and the sources of funding are on pages three and four.
Claims for benefits should be filed with the Board of Trustees at the Pension Administrator's Office.
If a claim is denied, you will be notified and informed of the procedure to request a hearing befot~e the
Board of Trustees. Claim denials are generally limited to failure to meet the eligibility requirements
for a benefit.
As of Septem~30, 1996 there were 98 retired membel~-and 9 beneficiaries of deceased members
receiving ann~-benefits of $1,192,420 from the Pension Plan.' Active members totaled 475 with an
annual payroll of $I4,216,030. There were also 5 vested terminated members eligible for future
benefits.
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The City contributed $1,505,804 during the 1995-1996 fiscal year. The taxpayer contribution rate for
the fiscal year, expressed as percents of payroll was:
Contribution for
Percents of
Active Member Payroll
Normal Cost 7.12%
Expenses 1.42
Unfunded Actuarial Accrued Liabilities 1.66
Total 10.20%
The September 30, 1996 actuarial report indicated that the actuarial present value of credited projected
benefits was fully funded.
Contributions to the Plan during the year were equal to or greater than the actuarially determined
amount needed to comply with the provisions of Chapter 112, Florida Statutes.
The actuary concluded that the Pension Plan remains in excellent actuarial condi, tion.
A copy of the annual audit report is available for inspection in the office of the Finance Director.
Board of Trustees
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CITY OF BOYNTON BEACH PENSION PLAN FOR GENERAL EMPLOYEES
SUMMARY OF BENEFIT PROVISIONS
(AS OF SEPTEMBER 30, 1996)
Normal Retirement {no reduction factor for age):
EligibiliO'- Age 62 with 10 or more years of service.
Age 55 with 25 years of service. Any age with 30 or more years of service.
3,[andatory Retirement Age - None.
Pension Amount - 50% of first $825 of average monthly earnings plus 75% of the excess.
reduced proportionately for service less than 25 years.
T)pe of Final Average Monthly Compensation - Highest 60 consecutive calendar months out
of 120 calendar months prior to termination or retirement. Compensation includes base pay'.
overtime, vacation pay, sick pay, but excludes bonuses.
Early Retirement (actuarial reduction factor used):
Eligibility - Age 55 with I0 or more years of service. Age 52 with 25 or more years of service.
but less than 30 years.
Pension Amount - Computed as for normal retirement but actuarially reduced from normal
retirement date.
Deferred Retirement (Vested termination benefit):
Eligibility - 10 or more years of service. Benefits begin at age 62, or at age 55 if total service
is at least 25 years.
Pension Amount - Computed as for normal retirement but based upon service and final average
compensation at time of termination. Benefits" are deferred to normal retirement date.
Reduced benefit for early retirement.
Disability Retirement:
Eligibility - Total and permanent disability.
Pension Amount - Computed as for normal retirement, but based upon service and final
average compensation at time of termination. Benefits are deferred to normal retirement date.
Reduced benefit for early retirement.
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Death Before Retirement:
Eligibility - Immediate.
Pension Amount - Return of member contributions plus interest. If eligible for normal
retirement and the retirement annuitv option provided in Section i8-118 has been elected bv
the employee, the deceased member's earned pension amount will be actuarially reduced to a
joint and survivor form and two-thirds (2/3) of this amount will be paid to the survivor for
their lifetime.
Member Contributions: Four (4) percent of first $825 of monthly compensation plus seven (7)
percent of monthly compensation in excess of $825.
If vou terminate employment and receive a refund of your own contributions, you forfeit any rights to
future benefits from the Retirement System. The taxable portion (money contributed on a pre-trax
basis) of any refund you receive is subject to an automatic 20% withholding for federal income ta,x
purposes, and a possible 10% excise tax. These taxes can be avoided, however, if you roll the taxable
portion over to an Individual Retirement Account (IRA) or another qualified employer plan. This
rollover will result in no tax being due until you begin withdrawing funds from the IRA or other
qualified employer plan. The rollover of the distribution, however, MUST be made directly by the
Plan to your chosen IRA or other qualified employer plan.
City Contributions: Actuarially determined amounts which together with member contributions
are sufficient to at least cover the requirements of the funding objective.
Claims Procedure: Claims for benefits should be filed with the Board of Trustees at the Pension
Administrator's office. If a claim is denied, you will be notified and informed of the procedure to
request a hearing before the Board of Trustees.
Ilae preceding summary briefly describes the principal benefits of the Pension Plan. Detailed benefit
:onditions and limitations are contained in the Pension Ordinance which,: established the Plan.
Interpretations of the Ordinance are made by the Board of Trustees. The Ordinance and Board
Interpretations govern the operation of the Plan and should l~e consulted before you take any action
~onceming your participation or benefits. Copies and consultation axe available at the Pension
Administrator's office.
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CITY OF BOYNTON BEACH PENSION PLAN FOR GENERAL EMPLOYEES
ACCOUNTING INFORMATION SUBMITTED FOR VALUATION
REVENUES AND EXPENDITURES
Year Ending Year Ending
· 9-30-96 9-30-95
REVENUES:
a. Member contributions $ 871,057 $ 866,494
b. City contributions 1,505,804 1,539,169
c. Investment Income
I. Interest and dividends 1,587,506 1,568.359
2. Gain or (Loss) on sales 1,303,645 545,629
3. Miscellaneous ~ 0
d. Total revenues 5,276,281 4,519,651
EXPENDITURES:
a. Benefit, s paid 1,182,108 1,031,337
b. Refunds of member contributions 141,062 300,543
c. Administ~rative'expenses 35,327 39,294*
d. Investment expenses ~ 177.465*
e. Total expenditures 1,570,616 1,548,639
RESERVE INCREASE:
Total revenues minus total expenditures ~ $3,705,665 $2,971,012
* Estimated from combined expenses.
SUMMARY OF ASSETS
September 30, 1996 September 30, 1995
Cost Market Cost Market
Value Value Value Value
Cash $1,t76, I47 $1,176,147 $1,166,090 $1,166,090
Net Receivables/(Payables) ' 0 0 145,365 145,365
Certificates of d~posit & Savings 0 0 0 0
Other short-term 47,878 ,.47,878 0 0
Bonds - govemmmat 9,284,396 9,408,295 11,757,156 12,118,712
- corporate 2,257,560 2,307,373 3,342,293 · 3,483,585
Stocks - common 9,3.37,726 11,164,802 5,678,075 6,696,678
- Preferred 0 0 0 0
Pooled Equity Fund 7,927,293 10,858,982 ' 5,297,076 7,280,395
Pooled Income Fund 5.317.731 ~ 4.309.119 4.366.603
Total Assets $35,348,731 $40,275,746 $31,695,174 $35,257,428
Funding Value $36,926,563 $33,038,110
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into
B~3YNTON,BEACH, Florida, (the "CITY") by and through
MANAGER ) and NANCY E. BYRNE.
between the CITY OF
,, y
its City Manager (CIT
RECITALS
The CITY and NANCY E. BYRNE 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 NANCY E.
B~FRNE as the Assistant to the Director of Development for the CITY, and NANCY E.
BYRNE desires to undertake that appointment.
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C. In selecting NANCY E. BYRNE to be appointed as Assistant to the
rector of Development for the CITY, the CITY MANAGER has relied on all
formation and materials appearing on or furnished in connection with her application
~r that position, including representations made in oral interviews. NANCY E. BYRNE
;presents that all such information and materials are accurate, complete, and
,~thentic and that he is qualified to serve as Assistant to the Director of Development
nd that the performance of such duties are specialized in nature.
D. The CITY and NANCY E. BYRNE wish to reduce their agreements to
'riting in order to describe their relationship with each other, to provide a basis for
ffective communication between them as they fulfill their respective governance and
dministrative functions in the operation of the Development Department of the CITY
nd to enhance administrative stability and continuity within the Public Works
9partment.
E. The position of Assistant to the Director of Development is a contractual
~pointment by the CITY MANAGER of an individual in a specialized field and' not a
vii service position and the CITY's Civil Service Rules and Regulations are not
pplicable to NANCY E. BYRNE.
a
n
referenced herein.
Slca~,greements\Employment\Byme
5/7/98
F. Nothing herein shall constitute an abridgment of or limitation to the rights
nd powers of the MANAGER to manage the work force of the CITY and to organize,
;organize, create, or' abolish the CITY work force, including the appointment
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G. 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 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 NANCY E. BYRNE agree as follows:
ARTICLE 1
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints NANCY E. BYRNE to serve
as Assistant to the Director of Development for the CITY and NANCY E. BYRNE
hereby accepts that appointment and undertakes that appointment.
1.2 NANCY E. BYRNE is an at will employee of the CITY. By
acceptance of this Contract NANCY E. BYRNE acknowledges that there has been no
representation or promise, express or implied fixing the term of her 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, NANCY E. BYRNE shall:
2.1.1 Serve as the Assistant to the Director of Development of the CITY
and shall perform the job responsibilities as set forth omExhibit "A";
2.1.2 Perform such additional job, responsibilities related to the
Development Department of the CITY as assigned by the CITY MANAGER or his/her
designee.
2.2 Manner of Performance. Except as otherwise expressly provided
rely the contract, the Assistant to the Director of Development at all times shall:
2.2.1 devote all her 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.
S:ca~Agreements\Employment~Byrne
2.2.2 perform her duties and obligations faithfully, industriously, and to
the best of her ability.
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 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 Director of Development or his/her designee, shall review and
eyaluate the performance of NANCY E. BYRNE at least once annually in advance of
tl~e adoption of the annual operating budget. The review and evaluation shall be in
a~cordance with specific criteria developed by the Director of Development or his/her
designee. The criteria may be added to or deleted from as the Director of Development-
or his/her designee may from time to time determine. Further, the Director of
Development or his/her designee shall provide NANCY E. BYRNE with summary
/~en statement of the evaluation and provide an adequate opportunity for NANCY E.
NE to discuss her evaluation with the Director of Development or his/her designee.
Annually, the Director of Development or his/her designee and
NANCY E. BYRNE shall define such goals and performance objectives'that they
determine necessary for the proper operation of the Development Department and in
a~tainment of the objectives and shall further establish a relative pdority 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 adjustment§ shall be at the sole discretion of
t_he 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 pa~, to NANCY E. BYRNE an annual
salary of FORTY THOUSAND EIGHT HUNDRED FIFTY-ONE AND 20/100
($40,851.20) DOLLARS, payable in equal installments at the same intervals as the
Slca~Agreements\Employment\Byme
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5/7/98 -3-
CITY's management personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse NANCY E.
BYRNE consistent with reimbursement policies for CITY managerial employees.
4.3 Automobile. NANCY E. BYRNE shall have use of a CITY vehicle
during all work hours.
4.4 Health Insurance. NANCY E. BYRNE shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.5 Disability Insurance. NANCY E. BYRNE shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.6 Life Insurance. NANCY E. BYRNE 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 NANCY E. BYRNE as set forth on Exhibit "B".
4.8 Holidays. NANCY E. BYRNE shall be entitled to observe the
same paid legal holidays as non-union employees hired after 10/1/91.
4.9 Vacations. NANCY E. BYRNE shall be entitled to observe the
same vacation accrual as non-union employees hired after 10/1/91.
4.10 Sick Leave. NANCY E. BYRNE 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.
ARTICLE 5
Indemnification and Reimbursement
5.1 Indemnification of the Assistant to the
Development. The CITY shall:
Director of
5.1.1 defend and indemnify NANCY E. BYRNE against all claims
and actions, civil or criminal, provided the claims or actions arise out of and in the
course of the performance of her duties and responsibilities pursuant to this Contract;
and
5.1.2 pay any judgment that may be entered against NANCY E.
BYRNE in a civil action adsing out of and in the course of the performance of her duties
and responsibilities pursuant to this contract, except a judgment based on intentional
S;ca~Agreements\Employment\Byme
5,'7/98
wrongdoing by NANCY E. BYRNE.
5.1.3 CITY reserves the right to select, appoint,
discharge legal counsel necessary to provide the foregoing defense.
ARTICLE 6
6.1 NANCY E.
shall commence on
retain, or
Duration of Contract
BYRNE's appointment and the term of this Contract
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of NANCY E. BYRNE and the
7.1.2 upon NANCY E. BYRNE's sustained inability for all or substantially
all of 180 calendar days in a 190 day period to perform all or substantially all of
h~grduties and obligations pursuant to this Contract as a res,,u, lt 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 NANCY E.
BYRNE's Contract for the position.
7.1.4
the death of NANCY E. BYRNE.
7.1.5 the resignation of NANCY E. BYRNE. 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, NANCY E. BYRNE shall be entitled only to:
7.2.1
Prorated base salary for the effective date of the termination
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5/7/98 -5-
plus ninety (90) days;
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
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, NANCY
E. BYRNE shall be entitled to:
7.3.1
base salary accrued to the agreed date of termination;
7.3.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.3.3 an amount for accrued and unused vacation leave, not to
xceed the maximum number of days permitted by law, according to the
chedule/formula for non-union employees hired after 10/1/9-1;
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 NANCY E. BYRNE's physical disability or
~oeath, NANCY E. BYRNE or her guardian or personal representative shall be entitled
nly to the following compensation and benefits:
7.4.1 base salary through the last day that NANCY E. BYRNE
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,
s~Ot to exceed the maximum number of days permitted by law, according to the
chedule/formula for non-union employees hired after 10/1/91; and
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5/7/98 -6-
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 NANCY E. BYRNE's resignation, NANCY E. BYRNE
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 NANCY E. BYRNE 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 Contract or the nonperformance
or breach of any covenant contained in it shall be brought only in Palm Beach County,
Flodda.
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5/7798 -7-
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
This Contract shall be binding on and inure to the benefit of:
12.1.1 NANCY E. BYRNE'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
i~it shall be governed by and construed in accordance with the laws of the State of
Florida.
ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CITY and
NANCY E. BYRNE. All prior agreements and understandings, whether written or oral,
pertaining to the CITY's appointment of NANCY E. BYRNE are fully abrogated and of
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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, NANCY E. BYRNE 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 eadier 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.
EXECUTED on the respective dates set forth below.
NANCY E. B'~I~E - ~
CITY OF BOYNTON BEACH
By: ~ '" ~
KERRY WILL¢, CITY MANAGER
Dated:
Dated: -~/~'f/~
MAYOR
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