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R98-062RESOLUTION NO. R98-d,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AMENDED JOB DESCRIPTION FOR RISK MANAGER OF THE CITY OF BOYNTON BEACH AND AUTHORIZING THE CITY MANAGER AND MAYOR TO EXECUTE AN APPOINTMENT CONTRACT WITH CHARLES J. MAGAZINE FOR SAID POSITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission deems it to be in the best interests of the public to approve an amended job description for Risk Manager of the City of Boynton Beach; and WHEREAS, Charles J. Magazine has the training and experience necessary for this position and has been performing the operational duties of Risk Manager since entering City Service; 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 approve the amended job description of Risk Manager of the City of Boynton Beach, and which description is attached hereto as Exhibit "A"; and authorizes the City Manager and Mayor to execute an Appointment Contract with Charles J. Magazine for said position. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~'~,.. day of April, 1998. CITY OF BOYNTON BEACH, FLORIDA ivl~yor - ',// ' Co m,,m1's,~ i'o n e r Commissioner ATTEST: C~y Clerk Manager - Magazine RISK MANAGER NATURE OF WORK: This is highly responsible professional, technical and administrative work in the operations of the Department of Risk Management. This employee is responsible for the planning, technical direction and coordination of all areas of Risk Management including general insurance procurement, safety, loss control and risk analysis, and special projects as assigned by the Support Services Manager and the City Manager. Supervision is exercised over the Risk Management staff with work performed under the general supervision of the Support Services Manager and City Manager. This employee exercises considerable independent judgement and initiative in the performance of the required duties. TASK STATEMENT(S): (Note: These examples are intended only as illustrations of the various types of work performed in this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment for this position.) Implements administrative policies and procedures. Negotiates with insurance brokers/agents and insurance companies with respect to premiums, terms and conditions of all property and liability insurance contract renewals and modifications as needed to transfer those insurable risks which are not retained by the City. Makes use of the various risk management "tools" for the discovery of exposures to loss, including financial statements, leases and other contracts; discussions with various management personnel, personal interviews and inspections, review of loss records and analysis of policies and procedures. Confers with department and administrative management and provides technical advice and information regarding insurance and employee safety matters. Coordinates activities with the Emergency Preparedness Coordinator in connection with the Emergency/Disaster Management Plan. Evaluates the financial impact upon the entity of various risks which cannot be eliminated and selects the most economical method for treating such risks. Develops and maintains systems of self-insurance or self-funding for risks that are retained. Investigates all incidents pertaining to liability. Determines the adequacy of excess liability and Workers' Compensation Insurance limits and makes recommendations for changes, if necessary, to the City Manager. Analyzes the effectiveness of different methods of financing and funding of property and liability risks. Supervises and approves the audit and accounting distribution of all insurance premium billings. Confers with management and subordinates and makes final recommendations to the Support Serwices Manager and City Manager on major problems and serious claims related to employee safety and risk management. Studies governmental regulations, laws and decisions concerning insurance and employee safety, analyzes their impact on the City and its programs and implements appropriate action to stay in compliance. Reviews loss prevention reports from insurance company and City departments to keep informed about serious loss potentials and to insure compliance with recommendations for minimizing or eliminating such losses. Provides technical assistance to City departments regarding contracts and lease agreements, the drafting of contract amendments, etc., and makes recommendations to the department head. Coordinates and supervises all claims brought against the City. Performs the following executive type duties: interviews, selects and trains employees, directs work assignments; maintains production records for use in supervision of control; appraises productivity and efficiency for the purpose of recommending promotions or other changes in status; handles complaints and grievances, plans work and provides for safety of employees. EDUCATION AND JOB-RELATED EXPERIENCE: Graduation from an accredited college or university with major course work in related fields of study, or equivalent combination of education and experience; three years progressively responsible experience in risk and/or claims management with safety related activities. A Master's Degree is preferred or any equivalent combination of training and experience. Must possess a current valid Florida driver's license. Sound knowledge of principles and practices of public administration. Extensive knowledge of the principles and application of the modern risk management and risk financing techniques. Good knowledge of all lines of insurance, tort law, Workers' Compensation Law, and indemnification agreements. Knowledge of modern safety practices. Ability to prepare statistical reports for top management. Ability to plan, assign, supervise and evaluate the work of subordinates. 2 Ability to plan, organize and implement a wide range of special projects. Ability to establish and maintain effective working relationships with other departments, co- workers and the general public. PHYSICAL DEMANDS: Degree of Physical Demands (Strength) usually associated with this classification:. Sedentary Work: Exerting or moving up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull, or otherwise move objects, including the human body. Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. This position at times may require walking or sitting to a significant degree. Types of Physical Demands usually associated with this classification: Talking, Hearing, Seeing, and/or Fingering: (Talking - Expressing or exchanging ideas by means of spoken word.) (Hearing - Perceiving nature of sounds by ear.) (Seeing - The ability to perceive the nature of objects by the eye.) (Fingering - Picking, pinching or otherwise working with fingers primarily, rather than with whole hand or arm as in handling.) ENVIRONMENTAL CONDITIONS: Physical surroundings usually associated with this classification: The Worker is subject to inside environmental conditions: Protection from weather conditions but not necessarily from temperature changes. Machines, tools, equipment, and work aids which may be representative, but not all inclusive, of those commonly associated with this type of work: Contracts, Manuals, Reference Books, Telephone, Personal Computer and Printers, Facsimile Transmission Machine, Photocopying Machine, Adding Machine, etc. RISKMGRJOBDESCRIPT01 3 APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the CITY OF BOYNTON BEACH, Florida, (the "CITY")by and through its City Manager ("CITY MANAGER") and CHARLES J. MAGAZINE ("MAGAZINE"). RECITALS The CITY and MAGAZINE 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 CHARLES J. MAGAZINE as the RISK MANAGER for the CITY, and desires to undertake that appointment. C. In selecting MAGAZINE to be appointed as RISK MANAGER for the CITY, the CITY MANAGER has relied on all information and materials appearing on or furnished in connection with his application for that position, including representations made in oral interviews. MAGAZINE represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as RISK MANAGER and that the performance of such duties are specialized in nature. D. The CITY and MAGAZINE wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective - communication between them as they fulfill their respective governance and administrative functions in the operation of the Risk Management Department of the CITY and to enhance administrative stability and continuity within the Risk Management Department. E. The position of RISK MANAGER is a contractual appointment by the CITY MANAGER of an individual in a specialized field and not a civil service position and the City's Civil Service Rules and Regulations are not applicable to MAGAZINE. F. Nothing herein shall constitute an abridgment of or limitation to the dghts and powers of the CITY MANAGER to manage the work force of the CITY and to organize, reorganize, create, or abolish the City work force, including the appointment referenced herein. 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 -1- 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 MAGAZINE agree as follows: ARTICLE 1 Agreement for Appointment 1.1 The CITY MANAGER hereby appoints MAGAZINE to serve as RISK MANAGER for the CITY and MAGAZINE I~ereby accepts that appointment and undertakes that appointment. 1.2 MAGAZINE is an at will employee of the CITY. this Contract MAGAZINE acknowledges that there has been no promise, express or implied fixing the term of his appointment. By acceptance of representation or 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, MAGAZINE shall: 2.1.1 Serve as the RISK MANAGER of the CITY and shall perform the job responsibilities as set forth on Exhibit "A"; 2.1.2 Perform such additional job responsibilities related to the Risk Management Department of the CITY as assigned by the CITY MANAGER or her designee. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract, RISK MANAGER all times shall: 2.2.1 devote all his time, attention, knowledge, and skill solely and exclusively to the business and interests of the CITY during normal working hours and at City related events after normal business hours. -2- 2.2.2 perform his duties and obligations faithfully, industriously, and to the best of his ability. 2.2.3 not engage in conflicting outside employment except with prior written disclosure to the CITY MANAGER. 2.2.4. keep the CITY MANAGER or 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 CITY MANAGER or her designee shall review and evaluate the performance of MAGAZINE at least once annually in advance of the adoption of the annual Operating budget. The review and evaluation shall be in accordance with specific criteria developed by the CITY MANAGER, which must be provided to MAGAZINE in advance of the commencement of the period of evaluation. The criteda may be added to or deleted from as CITY MANAGER may from time to time determine. Further, the CITY MANAGER or her designee shall provide MAGAZINE with summary written statement of the evaluation and provide an adequate opportunity for MAGAZINE to discuss his evaluation with the CITY MANAGER or her designee. Annually, the CITY MANAGER or her designee and MAGAZINE shall define such goals and performance objectives that they determine necessary for the proper operation of the Risk Management Department and in attainment of the objectives and shall further establish a relative priority.among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the CITY. 3.2 Compensation reviews are not subject to any specific formula applicable to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY MANAGER and are subject to the appropriation of funds by the City Commission. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The CITY shall pay to MAGAZINE an annual salary of FORTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($47.500.0q) DOLLARS, payable in equal installments at the same intervals as the CiTY's management personnel are paid. -3- 4.2 Business Expenses. The CITY shall pay or reimburse MAGAZINE consistent with reimbursement policies for CITY man. agerial employees. 4.3 Automobile. The vehicle, which vehicle may l use. As Risk rvlana( involving ( a fleet personal hour .call. to respond to emergencies 4.4 Health provided to non-union ,ce. MAGAZINE shall receive the same benefit hired after 10/1/91. 4.5 Disability: Insurance.~ MAGAZINE shall receive the same benefit provided to non-union City emplOyees hired after 10/1/91. 4.6 Life 'Insurance: MAGAZINE shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.7 Partic enrolled in and shall enjoY all Plan. MAGAZTNE shall be I under the General Employee Pension 4.7 Holidays. MAGAZINE shall be entitled to observe the same paid legal holidays as non-union employees hired after 10/1/91. 4.8 Vacations. vacation accrual as non-unior be entitled to observe the same )1. 4.9 Sick Leave, be subject to the same II be_ entitled to accrue sick leave and lomunion employees hired after 10/1/91. ARTICLE 5 Indemnification and Reimbursement 5.1 Indemnification of the RISK MANAGER_. The CITY shall: 5.1.1 defend and indemnify MAGAZINE against all claims and actions, civil or criminal, provided the claims or actions adse out of and in the course of the performance of his duties and responsibilities pursuant to this Contract; and 5.1.2 pay any judgment that may be entered against MAGAZINE in a civil action arising out of and in the course of the performance of his duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongdoing by MAGAZINE. 5.1.3 CITY reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 6 Duration of Contract 6.1 commence on MAGAZINE's appointment and the term of this Contract shall ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of MAGAZINE and the CITY; 7.1.2 upon MAGAZINE's sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be vedfied 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 MAGAZINE's Contract for the position. 7.1.4 the death of MAGAZINE._ 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, MAGAZINE shall be entitled only to: 7.2.1 plus ninety (90) days; Prorated base salary for the effective date of the termination 7.2.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant -5- 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 Agreement. If this Contract terminates upon MAGAZINE shall be entitled to: Upon Termination by Mutual mutual agreement of the parties, 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 exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to MAGAZINE's physical disability or death, MAGAZINE or his guardian or personal representative shall be entitled only to the following compensation and benefits: 7.4.1 base salary through the last day that MAGAZINE performed services to or on behalf of the CITY; 7.4.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.4.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; and 7.4.4 life and/or disability benefits if applicable. -6- 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to MAGAZINE's resignation, MAGAZINE 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 MAGAZINE 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. ARTICLE 11 Waiver 11.1 The CITY's waiver of any breach of any term, condition, or -7- 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 MAGAZINE'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 in 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 MAGAZINE. All prior agreements and understandings, whether wdtten or oral, pertaining to the CITY's appointment of MAGAZINE are fully abrogated and of no further force and effect from and after the date of this Contract. 15.2 Regardless of which party of party's counsel prepared the original draft and subsequent revisions of this Contract, MAGAZINE 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, -8-