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2021-06-01 Ex 03CITY OF OKEECHOBEE 55 SE THIRD AVENUE -�� o OKEECHOBEE, FL 34974 _ -z ,�o� Phone: (863)763-3372 � � 9��f www. cityofokeechobee. com MEMORANDUM TO: Mayor Watford and City Council FROM: John J. Fumero, City Attorney SUBJECT: City Administrator Employment Agreement DATE: May 25, 2021 Attached for City Council review and consideration is the proposed Employment Agreement for the City Administrator. The agreement will be presented at the next City Council meeting on June 1, 2021. This agreement is significantly different from the existing City Administrator employment agreement. Among other things, this agreement requires the City Administrator to develop a 5-year strategic plan, based on City Council input and direction. The agreement contemplates a starting salary of $93,000 per year. Mr. Ritter's first day of employment will be June 21, 2021. The agreement specifies that for the initial 3 months of his employment, Mr. Ritter will serve as Interim City Administrator. This 3-month period essentially serves as a probationary period. If the City Council takes no action to the contrary within the 3- month probationary period, Mr. Ritter will become the City Administrator. Revised noted in red as of 5/27i2021, 4:52PM CITY OF OKEECHOBEE CITY ADMINISTRATOR EMPLOYMENT AGREEMENT THIS E191GPLOYNlENT AGREEMENT (hereinafter referred to as "Agreement"), is by and between the City of Okeechobee, Florida, a subdivision of the State of Florida (hereinafter referred to as "City"), and Gaty Ritter (hereinafter referred to by name or as "City Administrator" or "Administrator"). WITNESSETH: WHEREAS, the City desires to employ Gary Ritter as the Interim City Administrator of the City, and following a three (3) month probationary period shall thereafter determine whether to have Gary Ritter serve as the City Administrator; and V19HEREAS, the Ciiy, through its City Council ("Council"), desires to provide for certain benefits and compensation for the Administrator and to establish conditions of employment applicable to the Administrator; and WHEREAS, Gary Ritter desires to accept employment as Administrator under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Employment. A. The City hereby hires and appoints Gary Ritter under the terms and conditions established herein, to perForm the duties and functions specified in the City's Charter, the City Code of Ordinances, and the City Administrator Job Description, which is attached and incorporated herein as Exhibit A, and to • perform such other legally permissible and proper duties and functions as the Council shall from time-to-time assign. The City's employment of Gary Ritter as Interim City Administrator shall be effective June 21, 2021 and continue for a probationary period not to exceed three (3) months. At the conclusion of the initial three-month probationary period, unless Council takes action to the contrary, Gary Ritter shall become the City Administrator. Beginning on June 21, 2022, there shall be two (2) options each for two (2) year automatic renewals of the Agreement. In the event the Council decides not to renew the Agreement, by not exercising the renewal options, there shall be no severance pay made except for accumulated annual and sick leave in accordance with City employee policy and procedures. Page 1 of 8 Revised noted in red as of 5127l2021, 4:52Ph9 Section 2. Salary and Evaluation. A. For the performance of services pursuant to the Agreement, the City agrees to pay the Administrator an annual base salary of $93,000, payable in installments at the same time as other City employees are paid. B. After the first year of the Agreement, should the general City staff receive a cost- of-living increase, the Administrator will receive the same increase at the same time as the City staff. C. Direction and Performance: Strategic 5 Year Plan: Within sixty (60) days of the commencement date of this Agreement, the Council and the Administrator shall meet individually to discuss a five (5) year City strategic Plan ("Plan") of progress outlining the Council's desired priorities and desired outcomes for the City over the following five (5) years. The Plan will include stcategies the Council and the Administrator believe to be needed to accomplish the successful implementation of the Plan. Based upon the input of the individual Council Members, and other community leaders and organizations, the Administrator shall prepare the Plan for review and comment by the Council. Inclusive of the Council's desired changes to the draft Plan, the Administrator shall prepare the Plan for final adoption by the Council. 2. Plan PerFormance: Not less than thirty (30) days prior to the one (1) year anniversary date of the Administrator, the Administrator and Council members shall meet individually, and, in consideration of resources provided and matters outside the control of the Administrator and Council, discuss the City's progress in accomplishing the desired outcomes contained in the Plan, suggestions for improving the Plan, the Administrator's performance in accomplishing the Plan, and how the Council can assist the Administrator in accomplishing the Plan. Following the individual meetings with the Council members, the Administrator will provide the Council with a draft progress report inclusive of the Administrator's and Council Members' comments and suggestions. Following the Council's review of the draft Plan, the Administrator shall prepare the final progress report to the Council for adoption along with any compensation adjustments the Administrator may desire to request of the Council. D. Annual PerFormance Evaluation. The City may also increase said base salary and/or other benefits of the Administrator in such amounts and to such an extent as the Council may determine desirable on the basis of an annual performance evaluation of the Administrator. The form of the evaluation shall be suggested by the Administrator and approved by the Council. Unless deemed otherwise by Council, the Administrator's annual performance review shall occur in July to August timeframe on an annual basis. The Council, in its sole discretion, upon an unsatisfactory Administrator evaluation, may extend to Page 2 of 8 Revised noted in red as of 512?!2021, 4;52PM the Adrninistrator a period of sixty (60) days to improve their perFormance prior to terminating this Agreement for cause. Furthermore, the Council's failure to conduct any of the scheduled evaluations shall not constitute non-compliance with a material provision of this Agreement. E. Nothing in this Section shall require the Ciiy to increase the base salary or other benefits of the Administrator. Furthermore, the City's failure to conduct any of the scheduled evaluations shall not constitute noncompliance with a material provision of this Agreement. F. The Adu�aoa�istrator is entitled to participate in such General Employee Pension Plan as may be in effect within the City or as amended. Alternatively, the AdmBnistrator may elect to seek to join a deferred compensation plan, such as the In�ternational City Management Association Retirement Corporation Plan, which satisfies Federal Internal Revenue Service defierred compensation plan requirements. If the Administraior desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the City which shall not unreasonably be withheld, the City shall pay into such plan the same amount or percentage as the City would pay into the Administrator's General Employee Pension Plan by payment of such amount into a deferred compensation plan, this negates the City's responsibi�ity to pay into the General Employee Pension Plan. Section 3. City Adrriinistrator's Daaties and Obligations. A. The Administrator shall have the duties, responsibilities, and powers of said office under the Charter, Ordinances of the City, and as outlined in the City Adaninis�rator job description. The Administrator agrees to perform all duties and responsibilities faithfully, industriously, and to the best of his ability and in a professional and competent manner. B. The Administrator shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge, and skills necessary to faithfully perform his duties under this Agreement. The Administrator shall dedicate no less than an average of forty (40) hours per week in the performance of his duties hereunder. C. The Administrator agrees and understands they are to attend all Council Meetings and Workshops, preside as Chair over the Technical Review Committee meetings, and at�tend Planning Board/Board of Adjustment/Design Review Committee meetings (as necessity requires), as well as other advisory committees that are appointed by the Council from time-to-time. Section 4. Automobile Allowance and Communications Equipment The Administrator is required to be on call for twenty-four-hour service. In recognition thereof: Page 3 of 8 Revised noted in red as of 5127/2d21, 4:52PM A. The City shall grant to the Administrator the use of a City vehicle for the discharge of his responsibilities to the City. For the conduct of any City business using Administrator's personal vehicle, if and when that may occur, the Administrator shall be reimbursed for related automobile costs/expenses at the established Florida Statute mileage rate in accordance with City employee travel policy. B. The City shall provide the Administrator with a cell phone for business related uses. In the alternative, the City may provide the Administrator with a cellular phone allowance of $50.00 per month to compensate them for the business use on their personal cellular phone. Section 5. Dues and Subscriptions The City agrees to pay the Administrator's professional dues for membership in professional organizations related to their duties. The City shall pay other dues and subscriptions on behalf of the Administrator as are approved in the City's annual budget or as may be authorized separately by the Council from time to time. Section 6. Professional Development The City agrees to pay reasonable and customary travel and subsistence expenses pursuant to the City's travel policy for the Administrator's travel to and attendance at the professional development conferences. The Council may elect to pay for the Administrator's attendance at seminars, conferences, and committee meetings, and professional development activities, as it deems appropriate. Section 7. Resiclency. The Administrator shall reside within the corporate limits of Okeechobee County. Section 8. Accrued Leave. The Administrator shall be entitled to 96-hours of annual leave and 96-hours of sick leave during each year of the term of this contract. The annual and sick leave shall be available for use upon commencement of employment and each year thereafter on the service date anniversary. There is no limit on the amount of sick leave that may carry forward. Upon separation of employment, Administrator shall be paid for up to 300 hours of unused accrued annual leave. Section 9. Holidays. The Administrator is entitled to the same paid holidays, and other paid time off, as the City staff. Page 4 of 8 Revised noted in red as of 5,'27!2021, 4:52PM Section 10. Benefits. The City shall pay 100 percent of the Administrator's and �-a--�-89—�ef—r-�e�t-� �e�r,�s Administrator's spouse's health insurance coverage. The Administrator shall also receive any other employee benefits, including but not limited to life, long term health, and disability insurance coverage, and the like, that are available to City management staff and/or general City staff. Section 11. Termination by the City Council and Severance Pay. A. The Administrator shall serve at the pleasure of the Council, and the Council may terminate this Agreement and the Administrator's employment with the City at any time, for any reason, or for no reason. B. Should a majority of the entire Council (three members) vote to terminate the services of the Administrator "without cause", then within thirty (30) days following such vote, the Council shall cause the Administrator to be paid any accrued leave, unpaid salary, and benefits earned (including accrued sick and annual leave hours) up to and including the date of termination based on a forty (40) hour work week. Within forty-five (45) calendar days following the vote to terminate the Administrator's employment, the Council shall cause the Administrator to be paid a lump sum severance pay equal to two (2) months of his base salary as full and complete payment and satisfaction of any claims ofi the Administrator of whatsoever nature arising out of this Agreemeni or otherwise. As consideration for such payment, the Administrator shall, prior to receipt thereof, execute and deliver to the City a general release of the City and its Council Members and its officers, agents, and employees .for all acts and actions (whether accrued or subsequently accruing) from the beginning of time until the date of release, with said release to be prepared and negotiated by the City Attorney. C. In the event the Administrator is terminated for "just cause", the City, with the exception of accrued and unpaid salary and benefits actually earned, shall have no obligation to pay the amounts outlined in this Agreement. For purposes of this Agreement, "just cause" is defined and limited for purposes of this Agreement to any of the following: Misfeasance, malfeasance and/or nonfeasance in performance of the Administrator's duties and responsibilities. 2. Conviction or a plea of guilty or no contest to a misdemeanor or felony crime, whether or not adjudication is withheld. 3. Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. 4. Violation of any substantive City policy, rule, or regulation, which would subject any other City employee to termination. Page 5 of 8 Revised noted in red as of 5I27/2021, 4:52PM 5. The Council of any fraudulent act against the interest of the City. 6. The Council of any act which involves moral turpitude, or which causes the City disrepute. 7. Violation of the State of Florida Code of Ethics or being found to have commiited an ethics violation by the Florida Commission on Ethics. 8. Any other act of a similar nature of the same or greater seriousness. Section 12. Terrraination by the City Administrator The Administrator may terminate this Agreement at any time by delivering to the Council a written notice of termination not less than sixty (60) days prior to the effective date of the termination. If the Administrator terminates this Agreement, then the provisions of Section 11 above, shall not apply. If the Administrator voluntarily resigns pursuant to this Section, the City shall pay to the Adrninistrator all accrued compensation due the Administrator up to the Administrator's final day of employment, including any accrued leave. The City shall have no further financial obligation to Employee pursuant to this Agreement. This section shall not prevent the Administrator from collecting any money earned as a result of pariicipation in the City's defierred retirement or other similar Plan or program. Section 13. Disability. If the Adrviinistrator becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four consecutive weeks beyond any accrued leave, the City shall have the option to terminate this Agreement, subject to the severance pay provision outlined in Section 11, of this Agreement. Section 14. Indernni#ication. A. City shall defend, save harmless, and indemnify the Administrator against any action for any injury or damage suffered as a result of any act, event, or omission of action that the Administrator reasonably believes to be in the scope of his duties or function, unless he acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. The City may compromise and settle any such claim or suit, without consent or further involvement of the Administrator. The City shall not be liable for the acts or omissions of the Administrator committed while acting outside the course and scope of his agreed duties or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Nothing herein shall be construed to be a waiver or extension of the Page6of8 Revised noted in red as of 5/2712021, 4:52PM sovereign immunity limitations of liability possessed by City by state or federal law. B. Said indemnification shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in his capacity as Administrator, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 15. Code of Ethics. The State of Florida "Code of Ethics", including Chapter 112, Florida Statutes, shall �;ra���-�F����i ��-e��eT +��t�� �^-r-��-govern the Administrator's conduct and actions as Administrator of the City. Additionally, the Administrator shall abide by the standards established by the Florida Commission on Ethics. Section 16. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the Administrator under any policy, regulation, ordinance, or law. Section 17. Transparency. A. Open Door Policv: The Administrator shall maintain an open-door policy encouraging communication between the members of the Council, City employees, residents, property owners and other persons who have matters of interest related to the well-being of the City. B. Governmental Relations: The Administrator shall strive to maintain positive constructive relationships with elected officials, employees, and agents of other governmental agencies for the purpose of mutual good will and the constructive conduct of business regarding matters of interest between the parties. C. Communications: The Administrator and Council shall work cooperatively to keep each other and the community informed as to the status of plans, projects, and the operations of the City. D. Riqht to Speak: The Administrator shall have the right to address the Council orally and/or in writing in and all matters before the Council affecting those matters under his responsibility and/or his employment with the City. Section 18. General Terms and Conditions. A. If any provision or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. Page 7 of 8 Revised noted in red as of 5127I2021, 4:52PM B. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. L L� This Agreement contains the entire Agreement of the parties. It may not be changed verb�lly, but only by an Agreea��nt in writing signed by the parties. Florida law shall govern this Agreemen� and any litigation that may arise from this Agreement, shall be filed, and litigated in Okeechobee County, Florida. E. Upon Aclanoraustrator's death, the Ci#y°s obligations under ihis Agreement shall terminate except for: 1 2 Transfer of ownership of retirement or other similar funds, if any, to his designated beneficiaries; and Payment of accrued leave balances in accordance with this Agreement. E. This Agreement may be executed in duplicate or 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 Agreement shall be binding on either party until both parties have signed it. F. The effective date of this Agreement shall be the last date it is executed by either of the parties to this Agreement. Executed by the City on this ATTEST: Lane Gamiotea, CMC, City Clerk day of , 2021. CITY OF OKEECHOBEE Executed by the Administrator on this : Dowling R. Watford, Jr., Mayor day of Gary Ritter APPROVED AS TO LEGAL FORM: John J. Fumero, City Attorney , 2021. Page 8 of 8 EXHIBIT A EMPLOYIVIENT AGREEMENT �� ; . • _ �. �'v iiN CITY OF OKEECHOBEE JOB DESCRIPTION AN EQUAL OPPORTUNITY EMPLOYER POSITION TITLE: GITY ADMINISTRATOR �?^�,r:�*�� r<�#.�� ;:� r��" Department: Administration Type: Full-Time, Contract Supervised by: Mayor and Council Starting Salary: $85,000.00 to $95,000.00 Supervision Duties: Yes Opening Date: FLSA Status: Exempt Closing Date: The job description is not intended to be a comprehensive list of duties and responsibilities of the position. The omission of a specific joB function does not absolve an employee from being reguired to perform additional tasks incidental to or inherent in the job. The duties and physical demands described here are representative of those that must 6e met by an employee to successfully perform fhe esseniial functions of this job. Reasonable accommodations may be made to enab/e individuals with disabilities to perform essential functions. NATURE OF WORK: This position is appointed by the five-member legislative body, the Mayor and four City Council Members, to ensure adequate and efficient provision of services to the citizens in coordination with the City Attorney, City Clerk, and department heads to better protect the health, welfare, safety, and quality of life of the resideiits. Serves as the Head of the Administration, General Services, and Finance Departments as well as the Purchasing Agent of the City, and Zoning Administrator with the assistance of a contracted planning consultant firm. GENERAL DUTIES AND RESPONSIBILITIES AS ADMINISTRATOR a. Direct and supervise the administration of all departments, offices, and agencies of the City, except the City Attorney, City Clerk's Office and as otherwise provided by law. The intent of this paragraph is to explain the City Administrator is to assist the department heads in the administration of their specific departments. b. Attend all City Council meetings with the right to take part in discussions, but not to vote. c. See that all laws and acts of the Council subject to enforcement by the Administrator or by officers subject to the Administrator's supervision are faithfully executed. d. Prepare and submit the annual budget, budget message, and capital outlay program, and supervise and administer all phases of the budgetary process with the assistance of the department heads and the City Clerk, who are responsible for their department's budget. e. Make such reports as the City Council may require concerning the operation of City departments, offices and agencies and organize and oversee the operation of said departments, offices, and agencies. f. Negotiate leases, contracts and other agreements including consultant services for the City subject to approval of the City Council and see that all terms and conditions of same are performed as required and notify the Council of any noted violation. g. Keep the Council fully advised as to the financial conditions and future needs of the City and make such recommendations to the Council concerning the affairs and operations of the City as deemed desirable. h. Prepares the City Council agenda. i. Perform such other duties as may be required by the Mayor and City Council. 2. GENERAL DUTIES AND RESPONSIBILITIES OF THE GENERAL SERVICES DEPARTMENT The City Administrator serves as the head of this department, which is responsible for the administration and enforcement of the building code, land use regulations, licenses and permit regulations, business regulations, and other regulations not specifically delegated to any other department or officer of the City. 3. GENERAL DUTIES AND RESPONSIBILITIES OF THE FINANCE DEPARTMENT The City Administrator serves as head of this department, which is responsible for the collection of all fees, licenses, monies due the City and shall be responsible for the establishment and maintenance of the general accounting system CITY ADMINISTRATOR PAGE 1 OF 6 EXHIBIT A EMPLOYMENT AGREEMENT �Qvised noted in red set up in accordance with the requirements of State Law. 4. GENERAL DUTIES AS THE PURCHASING AGENT a. Maintain high ethical standards among all employees in the transaction of purchasing business. b. Assure that the spirit and intent of purchasing policies, as expressed by the City Council, are fully satisfied. c. Assure administrative procedures for the proper implementation of municipal purchasing and borrowing. d. Assure that all purchases are of the highest possible quality at the lowest possible cost, consistent with budget and use restraints and limitations. e. Be watchful for transgression to purchasing policies and procedures and deal with responsible employees firmly. f. Declare vendors who default on their quotations or bids as irresponsible bidders. g. Record purchasing transactions accurately and report purchasing activities to the City Council as he/she deems necessary. h. Awards, executes, and approves contracts, quotes, purchases, and agreements under �7-�98:89 $15,U00.00. i. Approve and sign all purchase orders, which is required for purchases ���38:-�8 �1,0OO.00 or over, and under ', . ` $15,000,00. j. Presents contracts, quotes, purchases, and agreements over �,F��i $15,000.0+� to Mayor and Council for approval and execution. k. Ensure proper disposal of surplus property when submitted by departments. 5. MUNICIPAL PtJRCHASING AND BORROWING, FUNCTIONS OF THE CITY ADMINISTRATOR'S OFFICE a. Coordinate expected purchasing needs with budgetary considerations during budget preparation time each fiscal year. b. Review expected purchases to assure the availability of funds and that proper purchasing procedures are being observed, c. Receive quotations, proposals, and bids in the manner prescribed. d. Control expenditures through sound purchasing technique and the implementation of the provisions of the Municipal Borrowing and Purchasing Ordinance. e. Receive all sealed bids. 6. ESSENTIAL FUNCTIONS A. Administrative 1. Plans, organizes, directs, controls, coordinates, supervises, and evaluates programs, plans, services, staffing, equipment and infrastructure of the Administration, General Services and Finance Departments. 2. Frequently interacts with other officials from various local, state, and federal regulatory agencies, including representatives of local community organizations. 3. Evaluates community needs and formulates short and long range plans to present to the City Council. 4. Prepares annual operating, maintenance, and capital improvement budgets; submits budget requests; controls adopted department budget. Performs financial and economic analysis necessary for effective program operation and fiscal management. 5. Develop, modernize, and implement the City's Capital Improvements Projects, and other plans, studies, or programs in coordination with the department heads, City Clerk, City Attorney, Mayor and City Council. 6. Creates and directs the preparation of studies, plans and specifications, bidding, evaluates the competency of contractors and vendors, and specifies the selection criteria for responsible departments and other municipal contracts; and likewise assists department heads with their departmental projects regarding the same. 7. Controls department projects to ensure contractor compliance with time and budget parameters for the project; and likewise assists department heads with their departmental projects regarding the same. 8. Reviews private project development plans and permits to ensure adequacy of application and compliance with City codes, manuals, handbooks, regulations, the comprehensive plan, state statutes and other requirements within the scope of the department's responsibility and authority. CITYADMINISTRATOR PAGE20F6 EXHIBIT A EMPLOYMENT AGREEMENT Re�iise� �?�te� i� red 9. Performs periodic review and offers updates to City adopted codes, manuals, handbooks, regulations, the comprehensive plan, inventory lists and databases when necessary to ensure methodology and requirements are kept up to standards. 10. Responds to public or other inquiries relating to department policies and procedures in coordination with department heads, City Clerk, and City Attorney. 11. Maintains regular contact with and fosters constructive and productive working relationships with consultants, other municipalities, county, state and federal agencies, professional and technical groups, and the general public in connection with departmental activities and services. 12. Monitors intergovernmental actions and acts necessary to sustain and enhance the ability of the Administration, General Services, and Finance departments to meet the needs of the community; assists same for other department heads, City Clerk, and City Attorney. 13. Coordinate's activities and provides assistance where required or requested with other City departments and/or governmental agencies, to ensure compliance with and achievement of the goals of the City. 14. Research grant funding opportunities relative to appropriate authorized projects, writes funding applications, manages project and ensures proper expenditures made for projects. B. Supervisory 1. Supervises departmental personnel within Administration, General Services, and Finance, either directly or through subordinates for the purpose of hiring, annual performance evaluation, recommending salary increases, transfer, promotion, and/or disciplinary action. 2. Issues written and oral instructions. 3. Determines departmental work priorities, approves work schedules, and examines work for exactness, neatness and conformance to policies and procedures. 4. Provides leadership and direction to department employees for the safe and efficient care of the City's facilities, inventory, equipment, and infrastructures. 5. Establishes and organizes standards and procedures to improve efficiency and effectiveness of staff and operations. 6. Maintains harmony among workers and resolves grievances. C. Management 1. Establishes and maintains effective working relationships, providing suggestions, advice and support to department employees, other City departments and residents. 2. Resolves complaints in a prompt and courteous manner, communicating professionally and effectively, both orally and in writing. 3. Exhibits behavior consistent with the values of the City through excellent customer service, creative problem solving, decision making and stewardship of City resources. 4. Works cooperatively and respectfully with municipal employees toward the common goal of providing high quality services. 5. Provides public information on projects in coordination with the Mayor, City Council, City Clerk and department heads. 6. Ensures the City Safety Policy is implemented and practiced assuring the safety of employees and the general public; provides updates and recommends changes to policy as necessary to Public Risk Manager; serves as a member of the City Safety Committee. 7. Ensures the City Drug Free Workplace Policy is implemented and practiced assuring the policy and practices are carried out; provides updates and recommends changes to policy as necessary to the City Council for adoption. 8. Responsible for maintaining all departmental documents and records; coordinating with the City Clerk's Office for appropriate records management under the State of Florida Bureau of Records and Archives. 9. Attends Technical Review Committee meetings; serves as Chair and a voting member. CITY ADMINISTRATOR PAGE 3 OF 6 EXHIBIT A EMPLOYMENT AGREEMENT R�j�is�d �!o�A� �n rP�l 10. Attends Planning Board/Board of Adjustment/Design Review Board meetings; prepares and presents staff reports and other necessary correspondences. 11. Serves as staff on a variety of boards and committees; prepares and presents staff reports and other necessary correspondences. Includes, but not limited to, Code Enforcement Board, Pension Fund Board of Trustees, Okeechobee Utility Authority, and other citizen boards as created by Council from time to time; Emergency Management, or as directed by the Mayor and City Council. 12. Attends seminars and workshops to keep abreast of current methods, technology, and supervisory techniques, Coordinates department employees' attendance of same, for training and continuing education and/or certifications. Including, but not limited to, Florida open public records laws, sunshine laws, state ethics laws, and Attorney General Opinions. D. Other 1. Ability to maintain security and confidentiality. 2. Performs other duties and special projects as assigned. 3. Perform work outside normal office hours. 7. QUALIFICATIONS A. Education and Experience 1. Suitable Bachelor's degree from an accredited college or university; and 2. Minimum five years' experience in municipal management or similar governmental administration. B. Knowledge of 1. Principles and practices of effective administration, supervision, and personnel policies and procedures. 2. Reading and understanding subdivision plats and construction plans. 3. Reading and understanding contracts and specifications. 4. Laws, ordinances, regulations, policies, and statutes governing municipal activities and of operations of municipal government. C. Ability to 1. Perform visual inspections. 2. Traverse unimproved construction sites for the purpose of field inspections. 3. Access research information and prepare reports. 4. Communicate effectively, orally and in writing, with the public, elected officials, members of boards and commissions, department heads, other employees of the City and employees of other governmental agencies. 5. Apply good judgement to deal with the subordinates and the public effectively and diplomatically, some of whom may be irate and unreasonable. 6. Perform job responsibilities in a timely manner to meet scheduled deadlines. 7. Physically and mentally work independently. 8. Coordinate, delegate and negotiate. 9. Delegate authority and responsibility to subordinates and maintain effective organization. 10. Represent the City in public speaking requests and special events. 11. Present data and programs which enhance the continued efficient operation of the City. D. Licenses, Certificates, Additional Requirements 1. United States Citizen or a resident alien of the State of Florida. 2. Valid Florida Driver's License; possess and maintain a clean driving record. 3. Residence of Okeechobee County, Buckhead Ridge area of Glades County or any areas lying outside the Okeechobee County line within six months of employment. 4. Pass pre-employment complete physical. CITY ADMINISTRATOR PAGE 4 OF 6 EXHIBIT A EMPLOYIIAENT AGREEMENT !�ev�sAd. notQ� �� rec� 5. Pass background investigation and reference check, including an FDLE criminal background check. 8. TOOLS AND EQUIPMENT USED The employee is issued a City vehicle and must be capable of operating light duty vehicles and mobile radios. Proficient in operating a personal computer, including word processing, spreadsheets, use of email, use of the internet and read digital files; capable of operating multi-line telephone system, cell phones, fax machines,10-key calculator, copy machines, miscellaneous office equipment and accessories customarily used in an office environment. 9. PNYSICAL DEMANDS Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments or construction sites. Hand-eye coordination is necessary to operate computers and office equipment. While performing the duties ofi this job, the employee is regularly required to sit, walk, talk or hear. The employee is required to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance; stoop, kneel, crouch or crawl; and smell. Must have sufficient physical strength and ability to independently and repeatedly lift, move, and carry objects weighing up to 50 pounds; and repeatedly lift, move, and carry objects weighing more than 50 pounds with assistance. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus, 10. WORK ENVIRONMENT While performing the duties of this job, the employee works indoors. The noise level in the work environment is usually quiet to low. 11. WORK LOCATION AND HOURS: City Hall, 55 Southeast 3�d Avenue. Monday through Friday 8:00 a.m. to 4:30 p.m. 12. ADDITIONAL INFORMATION: a. Evaluation Period: Successful candidates will be on an evaluation/probationary period for 3 months, to allow a period for an evaluation of ability, work habits and conduct. Specifics are to be addressed within a negotiated employment contract. b. Benefits: In addition to competitive salaries and the opportunity for continuing professional development, the City offers an excellent benefits package. Our employees enjoy the many benefits of living in South Florida with its wonderful sub-tropical climate, exceptional year round recreational opportunities, and the following benefits: • Use of City vehicle • Retirement Plan (457 Deferred Plan Option) • Health Insurance (City pays coverage for employee and contributes $150.00 toward family/spouse premiums) • Group Life and Disability Insurance (City pays coverage for employee). Additional policies can be added at group rates by the employee • Additional variety of insurances may be obtained at group rates by the employee through payro�l deduction (examples are, but not limited to: legal, cancer, long term illness, dental, and vision) • Job Connected Injury Benefits • Paid Leave Beneflts • 12 Paid Holidays CITY ADMINISTRATOR PAGE 5 OF 6 EXHIBIT A EMPLOYMENT AGREEMENT Revised noted in red • Available Credit Union membership • Direct Deposit Bi-weekly Payroll (mandatory participation required) • Cell phone reimbursement • Prescription Card • Longevity Service Bonus Program c. Drug Testing Policy: The City is committed to providing a safe �srork ervironment for al! its employees. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees and the public, promotes crime, and harms the entire community. In order to maintain the highest standards of morale, productivity, and safety, the City has instituted a drug and alcohol free workplace program. d. Veterans' Preference: Former military personnel, or their spouse, that have been verified as a"Veteran" under Florida Administrative Code Rule 55A-7.009 will receive an interview if they meet the minimum competency factors of the position. The Veterans' preference laws do not guarantee the Veteran a job. Positions are filled with the best qualified candidate as determined by the hiring Department Head. CONTACT: Lane Earnest-Gamiotea, CMC, City CIerWPersonnel Administrator 55 Southeast 3rd Avenue, Room 1 D0, Okeechobee, Florida 34974 0 863. 763.3372 ext. 9814 �-� Igamiotea@cityofokeechobee.com ` 863. 763.1686 CITYADMINISTRATOR PAGE60F6 CITY OF OKEECHOBEE CITY ADMINISTRATOR EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is by and between the City of Okeechobee, Florida, a subdivision of the State of Florida (hereinafter referred to as "City"), and Gary Ritter (hereinafter referred to by name or as "City Administrator" or "Administrator"). WITNESSETH: WHEREAS, the City desires to employ Gary Ritter as the Interim City Administrator of the City, and following a three (3) month probationary period shall thereafter determine whether to have Gary Ritter serve as the City Administrator; and WHEREAS, the City, through its City Council ("Council"), desires to provide for certain benefits and compensation for the Administrator and to establish conditions of employment applicable to the Administrator; and WHEREAS, Gary Ritter desires to accept employment as Administrator under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Employment. A. The City hereby hires and appoints Gary Ritter under the terms and conditions established herein, to perform the duties and functions specified in the City's Charter, the City Code of Ordinances, and the City Administrator Job Description, which is attached and incorporated herein as Exhibit A, and to perForm such other legally permissible and proper duties and functions as the Council shall from time-to-time assign. The City's employment of Gary Ritter as Interim City Administrator shall be effective June 21, 2021 and continue for a probationary period not to exceed three (3) months. At the conclusion of the initial three-month probationary period, unless Council takes action to the contrary, Gary Ritter shall become the City Administrator. Beginning on June 21, 2022, there shall be two (2) options each for two (2) year automatic renewals of the Agreement. In the event the Council decides not to renew the Agreement, by not exercising the renewal options, there shall be no severance pay made except for accumulated annual and sick leave in accordance with City employee policy and procedures. Page 1 of 8 Section 2. Salary and Evaluation. A. For the perFormance of services pursuant to the Agreement, the City agrees to pay the Administrator an annual base salary of $93,000, payable in installments at the same time as other City employees are paid. B. After the first year of the Agreement, should the general City staff receive a cost- of-living increase, the Administrator will receive the same increase at the same time as the City staff. C. Direction and Performance: 1. Strateqic 5 Year Plan: Within sixty (60) days of the commencement date of this Agreement, the Council and the Administrator shall meet individually to discuss a five (5) year City strategic Plan ("Plan") of progress outlining the Council's desired priorities and desired outcomes for the City over the following five (5) years. The Plan will include strategies the Council and the Administrator believe to be needed to accomplish the successful implementation of the Plan. Based upon the input of the individual Council Members, and other community leaders and organizations, the Administrator shall prepare the Plan for review and comment by the Council. Inclusive of the Council's desired changes to the draft Plan, the Administrator shall prepare the Plan for final adoption by the Council. 2. Plan PerFormance: Not less than thirty (30) days prior to the one (1) year anniversary date of the Administrator, the Administrator and Council members shall meet individually, and, in consideration of resources provided and matters outside the control of the Administrator and Council, discuss the City's progress in accomplishing the desired outcomes contained in the Plan, suggestions for improving the Plan, the Administrator's performance in accomplishing the Plan, and how the Council can assist the Administrator in accomplishing the Plan. Following the individual meetings with the Council members, the Administrator will provide the Council with a draft progress report inclusive of the Administrator's and Council Members' comments and suggestions. Following the Council's review of the draft Plan, the Administrator shall prepare the final progress report to the Council for adoption along with any compensation adjustments the Administrator may desire to request of the Council. D. Annual Performance Evaluation. The City may also increase said base salary and/or other benefits of the Administrator in such amounts and to such an extent as the Council may determine desirable on the basis of an annual performance evaluation of the Administrator. The form of the evaluation shall be suggested by the Administrator and approved by the Council. Unless deemed otherwise by Council, the Administrator's annual performance review shall occur in July to August timeframe on an annual basis. The Council, in its sole discretion, upon an unsatisfactory Administrator evaluation, may extend to Page 2 of 8 the Administrator a period of sixty (60) days to improve their performance prior to terminating this Agreement for cause. Furthermore, the Council's failure to conduct any of the scheduled evaluations shall not constitute non-compliance with a material provision of this Agreement. E. Nothing in this Section shall require the City to increase the base salary or other benefits of the Administrator. Furthermore, the City's failure to conduct any of the scheduled evaluations shall not constitute noncompliance with a material provision of this Agreement. F. The Administrator is entitled to participate in such General Employee Pension Plan as may be in effect within the City or as amended. Alternatively, the Administrator may elect to seek to join a deferred compensation plan, such as the International City Management Association Retirement Corporation Plan, which satisfies Federal Internal Revenue Service deferred compensation plan requirements. If the Administrator desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the City which shall not unreasonably be withheld, the City shall pay into such plan the same amount or percentage as the City would pay into the Administrator's General Employee Pension Plan by payment of such amount into a deferred compensation plan, this negates the City's responsibility to pay into the General Employee Pension Plan. Section 3. City Administrator's Duties and Obligations. A. The Administrator shall have the duties, responsibilities, and powers of said office under the Charter, Ordinances of the City, and as outlined in the City Administrator job description. The Administrator agrees to perform all duties and responsibilities faithfully, industriously, and to the best of his ability and in a professional and competent manner. B. The Administrator shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge, and skills necessary to faithfully perform his duties under this Agreement. The Administrator shall dedicate no less than an average of forty (40) hours per week in the perFormance of his duties hereunder. C. The Administrator agrees and understands they are to attend all Council Meetings and Workshops, preside as Chair over the Technical Review Committee meetings, and attend Planning Board/Board of Adjustment/Design Review Committee meetings (as necessity requires), as well as other advisory committees that are appointed by the Council from time-to-time. Section 4. Automobile Allowance and Communications Equipment The Administrator is required to be on call for twenty-four-hour service. In recognition thereof: Page 3 of 8 A. The City shall grant to the Administrator the use of a City vehicle for the discharge of his responsibilities to the City. For the conduct of any City business using Administrator's personal vehicle, if and when that may occur, the Administrator shall be reimbursed for related automobile costs/expenses at the established Florida Statute mileage rate in accordance with City employee travel policy. B. The City shall provide the Administrator with a cell phone for business related uses. In the alternative, the City may provide the Administrator with a cellular phone allowance of $50.00 per month to compensate them for the business use on their personal cellular phone. Section 5. Dues and Subscriptions The City agrees to pay the Administrator's professional dues for membership in professional organizations related to their duties. The City shall pay other dues and subscriptions on behalf of the Administrator as are approved in the City's annual budget or as may be authorized separately by the Council from time to time. Section 6. Professional Development The City agrees to pay reasonable and customary travel and subsistence expenses pursuant to the City's travel policy for the Administrator's travel to and attendance at the professional development conferences. The Council may elect to pay for the Administrator's attendance at seminars, conferences, and committee meetings, and professional development activities, as it deems appropriate. Section 7. Residency. The Administrator shall reside within the corporate limits of Okeechobee County. Section 8. Accrued Leave. The Administrator shall be entitled to 96-hours of annual leave and 96-hours of sick leave during each year of the term of this contract. The annual and sick leave shall be available for use upon commencement of employment and each year thereafter on the service date anniversary. There is no limit on the amount of sick leave that may carry forward. Upon separation of employment, Administrator shall be paid for up to 300 hours of unused accrued annual leave. Section 9. Holidays. The Administrator is entitled to the same paid holidays, and other paid time off, as the City staff. Page 4 of 8 Section 10. Benefits. The City shall pay 100 percent of the Administrator's health insurance coverage and $150.00 per month towards spouse's health insurance coverage in accordance with applicable City personnel policies. The Administrator shall also receive any other employee benefits, including but not limited to life, long term health, and disability insurance coverage, and the like, that are available to City management staff and/or general City staff. Section 11. Termination by the City Council and Severance Pay. A. The Administrator shall serve at the pleasure of the Council, and the Council may terminate this Agreement and the Administrator's employment with the City at any time, for any reason, or for no reason. B. Should a majority of the entire Council (three members) vote to terminate the services of the Administrator "without cause", then within thirty (30) days following such vote, the Council shall cause the Administrator to be paid any accrued leave, unpaid salary, and benefits earned (including accrued sick and annual leave hours) up to and including the date of termination based on a forty (40) hour work week. Within forty-five (45) calendar days following the vote to terminate the Administrator's employment, the Council shall cause the Administrator to be paid a lump sum severance pay equal to two (2) months of his base salary as full and complete payment and satisfaction of any claims of the Administrator of whatsoever nature arising out of this Agreement or otherwise. As consideration for such payment, the Administrator shall, prior to receipt thereof, execute and deliver to the City a general release of the City and its Council Members and its officers, agents, and employees for all acts and actions (whether accrued or subsequently accruing) from the beginning of time until the date of release, with said release to be prepared and negotiated by the City Attorney. C. In the event the Administrator is terminated for "just cause", the City, with the exception of accrued and unpaid salary and benefits actually earned, shall have no obligation to pay the amounts outlined in this Agreement. For purposes of this Agreement, "just cause" is defined and limited for purposes of this Agreement to any of the following: 1. Misfeasance, malfeasance and/or nonfeasance in performance of the Administrator's duties and responsibilities. 2. Conviction or a plea of guilty or no contest to a misdemeanor or felony crime, whether or not adjudication is withheld. 3. Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. Page 5 of 8 4. Violation of any substantive City policy, rule, or regulation, which would subject any other City employee to termination. 5. The Council of any fraudulent act against the interest of the City. 6. The Council of any act which involves moral turpitude, or which causes the City disrepute. 7. Violation of the State of Florida Code of Ethics or being found to have committed an ethics violation by the Florida Commission on Ethics. 8. Any other act of a similar nature of the same or greater seriousness. Section 12. Termination by the City Administrator The Administrator may terminate this Agreement at any time by delivering to the Council a written notice of termination not less than sixty (60) days prior to the effective date of the termination. If the Administrator terminates this Agreement, then the provisions of Section 11 above, shall not apply. If the Administrator voluntarily resigns pursuant to this Section, the City shall pay to the Administrator all accrued compensation due the Administrator up to the Administrator's final day of employment, including any accrued leave. The City shall have no further financial obligation to Employee pursuant to this Agreement. This section shall not prevent the Administrator from collecting any money earned as a result of participation in the City's deferred retirement or other similar Plan or program. Section 13. Disability. If the Administrator becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four consecutive weeks beyond any accrued leave, the City shall have the option to terminate this Agreement, subject to the severance pay provision outlined in Section 11, of this Agreement. Section 14. Indemnification. A. City shall defend, save harmless, and indemnify the Administrator against any action for any injury or damage suffered as a result of any act, event, or omission of action that the Administrator reasonably believes to be in the scope of his duties or function, unless he acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. The City may compromise and settle any such claim or suit, without consent or further involvement of the Administrator. The City shall not be liable for the acts or omissions of the Administrator committed while acting outside the course and scope of his agreed duties or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or Page 6 of 8 property. Nothing herein shall be construed to be a waiver or extension of the sovereign immunity limitations of liability possessed by City by state or federal law. B. Said indemnification shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in his capacity as Administrator, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 15. Code of Ethics. The State of Florida "Code of Ethics", including Chapter 112, Florida Statutes, shall know missing you sent me the wrong govern the Administrator's conduct and actions as Administrator of the City. Additionally, the Administrator shall abide by the standards established by the Florida Commission on Ethics. Section 16. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the Administrator under any policy, regulation, ordinance, or law. Section 17. Transparency. A. Open Door Policy: The Administrator shall maintain an open-door policy encouraging communication between the members of the Council, City employees, residents, property owners and other persons who have matters of interest related to the well-being of the City. B. Governmental Relations: The Administrator shall strive to maintain positive constructive relationships with elected officials, employees, and agents of other governmental agencies for the purpose of mutual good will and the constructive conduct of business regarding matters of interest between the parties. C. Communications: The Administrator and Council shall work cooperatively to keep each other and the community informed as to the status of plans, projects, and the operations of the City. D. Riqht to Speak: The Administrator shall have the right to address the Council orally and/or in writing in and all matters before the Council affecting those matters under his responsibility and/or his employment with the City. Section 18. General Terms and Conditions. A. If any provision or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. Page 7 of 8 B. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. C ❑� E This Agreement contains the entire Agreement of the parties. It may not be changed verbally, but only by an Agreement in writing signed by the parties. Florida law shall govern this Agreement and any litigation that may arise from this Agreement, shall be filed, and litigated in Okeechobee County, Florida. Upon Administrator's death, the City's obligations under this Agreement shall terminate except for: 1 �a Transfer of ownership of retirement or other similar funds, if any, to his designated beneficiaries; and Payment of accrued leave balances in accordance with this Agreement. E. This Agreement may be executed in duplicate or 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 Agreement shall be binding on either party until both parties have signed it. F. The effective date of this Agreement shall be the last date it is executed by either of the parties to this Agreement. Executed by the City on this day of , 2021. CITY OF OKEECHOBEE ATTEST: Lane Gamiotea, CMC, City Clerk Executed by the Administrator on this : Dowling R. Watford, Jr., Mayor day of Gary Ritter APPROVED AS TO LEGAL FORM: John J. Fumero, City Attorney 2021. Page 8 of 8 L�{.oF-OKfEcry �� - � . o _� a a �� . + 9 . CITY OF OKEECHOBEE JOB DESCRIPTION AN EQUAL OPPORTUNITY EMPLOYER POSITION TITLE: CITY ADMINISTRATOR Department: Administration Type: Full-Time Supervised by: Mayor and Council Starting Salary: $85,000.00 to $95,000.00 Supervision Duties: Opening Date: FLSA Status: Exempt Closing Date: The job description is not intended to be a comprehensive list of duties and responsibilities of the position. The omission of a specific job function does not absolve an employee from being repuired to perform additional tasks incidental to or inherent in the job. The duties and physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. NATURE OF WORK: This position is appointed by the five-member legislative body, the Mayor and four City Council Members, to ensure adequate and efficient provision of services to the citizens in coordination with the City Attorney, City Clerk, and department heads to better protect the health, welfare, safety and quality of life of the residents. Serves as the Head of the Administration, General Services, and Finance Departments as well as the Purchasing Agent of the City, and Zoning Administrator with the assistance of a contracted planning consultant firm. 1. GENERAL DUTIES AND RESPONSIBILITIES AS ADMINISTRATOR a. Direct and supervise the administration of all departments, offices and agencies of the City, except the City Attorney, City Clerk's Office and as otherwise provided by law. The intent of this paragraph is to explain the City Administrator is to assist the department heads in the administration of their specific departments. b. Attend all City Council meetings with the right to take part in discussions, but not to vote. c. See that all laws and acts of the Council subject to enforcement by the Administrator or by officers subject to the Administrator's supervision are faithfully executed. d. Prepare and submit the annual budget, budget message, and capital outlay program, and supervise and administer all phases of the budgetary process with the assistance of the department heads and the City Clerk, who are responsible for their department's budget. e. Make such reports as the City Council may require concerning the operation of City departments, offices and agencies and organize and oversee the operation of said departments, offices, and agencies. f. Negotiate leases, contracts and other agreements including consultant services for the City subject to approval of the City Council and see that all terms and conditions of same are performed as required and notify the Council of any noted violation. g. Keep the Council fully advised as to the financial conditions and future needs of the City and make such recommendations to the Council concerning the affairs and operations of the City as deemed desirable. Prepares the City Council agenda. Perform such other duties as may be required by the Mayor and City Council. 2. GENERAL DUTIES AND RESPONSIBILITIES OF THE GENERAL SERVICES DEPARTMENT The City Administrator serves as the head of this department, which is responsible for the administration and enforcement of the building code, land use regulations, licenses and permit regulations, business regulations, and other regulations not specifically delegated to any other department or officer of the City. 3. GENERAL DUTIES AND RESPONSIBILITIES OF THE FINANCE DEPARTMENT The City Administrator serves as head of this department, which is responsible for the collection of all fees, licenses, monies due the City and shall be responsible for the establishment and maintenance of the general accounting system set up in accordance with the requirements of State Law. CITY ADMINISTRATOR PAGE 1 OF 6 4. GENERAL DUTIES AS THE PURCHASING AGENT a. Maintain high ethical standards among all employees in the transaction of purchasing business; b. Assure that the spirit and intent of purchasing policies, as expressed by the City Council, are fully satisfied; c. Assure administrative procedures for the proper implementation of municipal purchasing and borrowing; d. Assure that all purchases are of the highest possible quality at the lowest possible cost, consistent with budget and use restraints and limitations; e. Be watchful for transgression to purchasing policies and procedures and deal with responsible employees firmly; f. Declare vendors who default on their quotations or bids as irresponsible bidders; g. Record purchasing transactions accurately and report purchasing activities to the City Council as he/she deems necessary; h. Awards, executes, and approves contracts, quotes, purchases, and agreements under $7,500.00; i. Approve and sign all purchase orders, which is required for purchases $500.00 or over, and under $7500.00; j. Presents contracts, quotes, purchases, and agreements over $7500.00 to Mayor and Council for approval and execution; k. Ensure proper disposal of surplus property when submitted by departments. 5. MUNICIPAL PURCHASING AND BORROWING, FUNCTIONS OF THE CITY ADMINISTRATOR'S OFFICE a. Coordinate expected purchasing needs with budgetary considerations during budget preparation time each fiscal year; b. Review expected purchases to assure the availability of funds and that proper purchasing procedures are being observed; c. Receive quotations, proposals, and bids in the manner prescribed; d. Control expenditures through sound purchasing technique and the implementation of the provisions of the Municipal Borrowing and Purchasing Ordinance; e. Receive all sealed bids. 6. ESSENTIAL FUNCTIONS A. Administrative 1. Plans, organizes, directs, controls, coordinates, supervises and evaluates programs, plans, services, staffing, equipment and infrastructure of the Administration, General Services and Finance Departments. 2. Frequently interacts with other officials from various local, state and federal regulatory agencies, including representatives of local community organizations. 3. Evaluates community needs and formulates short and long range plans to present to the City Council. 4. Prepares annual operating, maintenance, and capital improvement budgets; submits budget requests; controls adopted department budget. Performs financial and economic analysis necessary for effective program operation and fiscal management. 5. Develop, modernize and implement the City's Capital Improvements Projects, and other plans, studies, or programs in coordination with the department heads, City Clerk, City Attorney, Mayor and City Council. 6. Creates and directs the preparation of studies, plans and specifications, bidding, evaluates the competency of contractors and vendors, and specifies the selection criteria for responsible departments and other municipal contracts; and likewise assists department heads with their departmental projects regarding the same. 7. Controls department projects to ensure contractor compliance with time and budget parameters for the project; and likewise assists department heads with their departmental projects regarding the same. 8. Reviews private project development plans and permits to ensure adequacy of application and compliance with City codes, manuals, handbooks, regulations, the comprehensive plan, state statutes and other requirements within the scope of the department's responsibility and authority. 9. Performs periodic review and offers updates to City adopted codes, manuals, handbooks, regulations, the comprehensive plan, inventory lists and databases when necessary to ensure methodology and requirements are kept up to standards. CITY ADMINISTRATOR PAGE 2 OF 6 10. Responds to public or other inquiries relating to department policies and procedures in coordination with department heads, City Clerk, and City Attorney. 11. Maintains regular contact with and fosters constructive and productive working relationships with consultants, other municipalities, county, state and federal agencies, professional and technical groups and the general public in connection with departmental activities and services. 12. Monitors intergovernmental actions and takes action necessary to sustain and enhance the ability of the Administration, General Services, and Finance departments to meet the needs of the community; assists same for other department heads, City Clerk, and City Attorney. 13. Coordinates activities and provides assistance where required or requested with other City departments and/or governmental agencies, to ensure compliance with and achievement of the goals of the City. 14. Researches grant funding opportunities relative to appropriate authorized projects, writes funding applications, manages project and ensures proper expenditures made for projects. B. Supervisory 1. Supervises departmental personnel within Administration, General Services, and Finance, either directly or through subordinates for the purpose of hiring, annual performance evaluation, recommending salary increases, transfer, promotion, and/or disciplinary action. 2. Issues written and oral instructions. 3. Determines departmental work priorities, approves work schedules, and examines work for exactness, neatness and conformance to policies and procedures. 4. Provides leadership and direction to department employees for the safe and efficient care of the City's facilities, inventory, equipment and infrastructures. 5. Establishes and organizes standards and procedures to improve efficiency and effectiveness of staff and operations. 6. Maintains harmony among workers and resolves grievances. C. Management 1. Establishes and maintains effective working relationships, providing suggestions, advice and support to department employees, other City departments and residents. 2. Resolves complaints in a prompt and courteous manner, communicating professionally and effectively, both orally and in writing. 3. Exhibits behavior consistent with the values of the City through excellent customer service, creative problem solving, decision making and stewardship of City resources. 4. Works cooperatively and respectfully with municipal employees toward the common goal of providing high quality services. 5. Provides public information on projects in coordination with the Mayor, City Council, City Clerk and department heads. 6. Ensures the City Safety Policy is implemented and practiced assuring the safety of employees and the general public; provides updates and recommends changes to policy as necessary to Public Risk Manager; serves as a member of the City Safety Committee. 7. Ensures the City Drug Free Workplace Policy is implemented and practiced assuring the policy and practices are carried out; provides updates and recommends changes to policy as necessary to the City Council for adoption. 8. Responsible for maintaining all departmental documents and records; coordinating with the City Clerk's Office for appropriate records management under the State of Florida Bureau of Records and Archives. 9. Attends Technical Review Committee meetings; serves as Chair and a voting member. 10. Attends Planning Board/Board of Adjustment/Design Review Board meetings; prepares and presents staff reports and other necessary correspondences. 11. Serves as staff on a variety of boards and committees; prepares and presents staff reports and other necessary correspondences. Includes, but not limited to, Code Enforcement Board, Pension Fund Board of Trustees, CITY ADMINISTRATOR PAGE 3 OF 6 Okeechobee Utility Authority, and other citizen boards as created by Council from time to time; Emergency Management, or as directed by the Mayor and City Council. 12. Attends seminars and workshops to keep abreast of current methods, technology and supervisory techniques. Coordinates department employees' attendance of same, for training and continuing education and/or certifications. Including, but not limited to, Florida open public records laws, sunshine laws, state ethics laws, and Attorney General Opinions. D. Other 1. Ability to maintain security and confidentiality. 2. Performs other duties and special projects as assigned. 3. Perform work outside normal office hours. 7. QUALIFICATIONS A. Education and Experience 1. Suitable Bachelor's degree from an accredited college or university; and 2. Minimum five years' experience in municipal management or similar governmental administration. B. Knowledge of 1. Principles and practices of effective administration, supervision, and personnel policies and procedures. 2. Reading and understanding subdivision plats and construction plans. 3. Reading and understanding contracts and specifications. 4. Laws, ordinances, regulations, policies, and statutes governing municipal activities and of operations of municipal government. C. Ability to 1. Perform visual inspections. 2. Traverse unimproved construction sites for the purpose of field inspections. 3. Access research information and prepare reports. 4. Communicate effectively, orally and in writing, with the public, elected officials, members of boards and commissions, department heads, other employees of the City and employees of other governmental agencies. 5. Apply good judgement to effectively and diplomatically deal with the subordinates and the public, some of whom may be irate and unreasonable. 6. Perform job responsibilities in a timely manner in order to meet scheduled deadlines. 7. Physically and mentally work independently. 8. Coordinate, delegate and negotiate. 9. Delegate authority and responsibility to subordinates and maintain effective organization. 10. Represent the City in public speaking requests and special events. 11. Present data and programs which enhance the continued efficient operation of the City. D. Licenses, Certificates, Additional Requirements 1. United States Citizen or a resident alien of the State of Florida. 2. Valid Florida Driver's License; possess and maintain a clean driving record. 3. Residence of Okeechobee County, Buckhead Ridge area of Glades County or any areas lying outside the Okeechobee County line within six months of employment. 4. Pass pre-employment complete physical. 5. Pass background investigation and reference check, including an FDLE criminal background check. 8. TOOLS AND EQUIPMENT USED The employee is issued a City vehicle and must be capable of operating light duty vehicles and mobile radios. CITYADMINISTRATOR PAGE40F6 Proficient in operating a personal computer, including word processing, spreadsheets, use of email, use of the internet and read digital files; capable of operating multi-line telephone system, cell phones, fax machines,10-key calculator, copy machines, miscellaneous office equipment and accessories customarily used in an office environment. 9. PHYSICAL DEMANDS Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments or construction sites. Hand-eye coordination is necessary to operate computers and office equipment. While performing the duties of this job, the employee is regularly required to sit, walk, talk or hear. The employee is required to use hands to finger, handle, feel or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally required to climb or balance; stoop, kneel, crouch or crawl; and smell. Must have sufficient physical strength and ability to independently and repeatedly lift, move and carry objects weighing up to 50 pounds and to repeatedly lift, move and carry objects weighing more than 50 pounds with assistance. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus. 10. WORK ENVIRONMENT While performing the duties of this job, the employee works indoors. The noise level in the work environment is usually quiet to low. 11. WORK LOCATION AND HOURS: City Hall, 55 Southeast 3�d Avenue. Monday through Friday 8:00 a.m. to 4:30 p.m. 12. ADDITIONAL INFORMATION: a. Evaluation Period: Successful candidates will be on an evaluation/probationary period for 3 months, to allow a period for an evaluation of ability, work habits and conduct. Specifics are to be addressed within a negotiated employment contract. b. Benefits: In addition to competitive salaries and the opportunity for continuing professional development, the City offers an excellent benefits package. Our employees enjoy the many benefits of living in South Florida with its wonderful sub-tropical climate, exceptional year round recreational opportunities, and the following benefits: • Use of City vehicle • Retirement Plan (457 Deferred Plan Option) • Health Insurance (City pays coverage for employee and contributes $150.00 toward family/spouse premiums) • Group Life and Disability Insurance (City pays coverage for employee). Additional policies can be added at group rates by the employee • Additional variety of insurances may be obtained at group rates by the employee through payroll deduction (examples are, but not limited to: legal, cancer, long term illness, dental, and vision) • Job Connected Injury Benefits • Paid Leave Benefits • 12 Paid Holidays • Available Credit Union membership • Direct Deposit Bi-weekly Payroll (mandatory participation required) • Cell phone reimbursement • Prescription Card • Longevity Service Bonus Program CITYADMINISTRATOR PAGE50F6 c. Drug Testing Policy: The City is committed to providing a safe work environment for all of its employees. The abuse of alcohol and drugs is a national problem which impairs the safety and health of employees and the public, promotes crime, and harms the entire community. In order to maintain the highest standards of morale, productivity, and safety, the City has instituted a drug and alcohol free workplace program. d. Veterans' Preference: Former military personnel, or their spouse, that have been verified as a"Veteran" under Florida Administrative Code Rule 55A-7.009 will receive an interview if they meet the minimum competency factors of the position. The Veterans' preference laws do not guarantee the Veteran a job. Positions are filled with the best qualified candidate as determined by the hiring Department Head. CONTACT: Lane Earnest-Gamiotea, CMC, City C/erk/Personne/Administrator 55 Southeasf 3rd A venue, Room �00, Okeechobee, F/orida 34974 � 863.763.3372 ext. 98>4 � Igamiotea@cityofokeechobee.com � 863.763. �686 CITYADMINISTRATOR PAGE60F6