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R02-167 I' RESOLUTION NO. R02-1lc.1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE LETTERS OF APPOINTMENT FOR BARBARY CONBOY, AS MANAGER OF UTILITY ADMINISTRATION, AND PETER MAZZELLA, AS DEPUTY UTILITIES DIRECTOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the pending retirement of the Director of Utilities, John Guidry, the City Manager has recommended a reorganization of Utility Administration, that would distribute the duties and responsibility of that office to the five senior staff members; and WHEREAS, it is deemed to be in the best interests of the City to enter into Letters of Appointment for Barbara Conboy and Peter Mazzella, setting forth each of their duties and responsibilities, as set out in the Letters of Appointment attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. by this reference. The foregoing Whereas clauses are true and correct and incorporated herein Section 2. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager to enter into Letter of Appointments for Barbara Conboy and Peter Mazzella, those Letters of Appointment being attached hereto and made a part hereof. Section 3. This Resolution shall become effective immediately upon passage. Vice ~~a)CDY:~:,- .~....:;::::.--- ,/ mmissio ,---- ,,-';~- ~) ft::erf, Commissioner ~~ ity , < '/JII/ " ., ~TO,\j ~/ .~ <00 ~.'..""..". &(~ '~" (C~B'>r,~W<0-'.,1) \ 1~f~ ,):I:E .' .,' 4^<')() , ~ ~ 'OJ ~'.. 1f'~'>'. ,." ::: ~ ~'..' .,.". \':... .!:!! -:;i: .~...... .<('\ ~ ..... :\CA\~;EmPIOPT:~le'P$~~. APPOINTMENT LETTERS ADDENOUMS.doc 'lit,.,. ,.,,\1,\\" R o,~ - 1(.... 1 LETTER OF APPOINTMENT BARBARA CONBOY MANAGER, UTILITIES ADMINISTRATION September \1 , 2002 Ms. Barbara Conboy City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Ms. Conboy: I am pleased to offer you an appointment to the position of Manager, Utilities Administration, By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Manager, Utilities Administration is a contractual, specialized field position subject to appointment by the City Manager and not a civil service position, The City's Civil Service Rules and Regulations are not applicable to the position and by accepting the position you are waiving any rights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below, The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation, Chapter III Compensation, Chapter III Compensation, Chapter VII Resignation Chapter IV Benefits, Chapter IV Benefits. Chapter IV Benefits, Chapter III Compensation, Chapter VI Discipline. Chapter VI Discipline, 02. Recruitment and Selection 02. Overtime 03 Callback and On Call 04. Compensatory Time 01. Termination Pay 09, Retirement Benefits 02. Vacation Leave 03. Sick Leave with Pay 06. Incentive Pay System 01. Disciplinary Actions 02, Formal Grievances If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for Manager, Utilities Administration is attached as Exhibit "A", and you agree to provide the City with the services included in that job description, Except as otherwise expressly provided by this Appointment, as Manager, Utilities Administration you shall at all times: a. Devote all your 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, b. Perform your duties and obligations faithfully, industriously, and to the best of your ability. c. Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. d, Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee, A performance evaluation will be conducted by April 1 st of each year, commencing April 1, 2003, and each and every April 1st thereafter. In addition, a mid-term evaluation will be conducted by November 1st of each year, commencing November 1, 2002 and by every November 1 st thereafter, The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee, The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee, Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary 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. 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 or his designee and are subject to the appropriation of funds by the City Commission. Your compensation and other monetary benefits are as follows: · You shall receive an annual salary of FIFTY THOUSAND NINE HUNDRED THIRTY AND 88/100 DOLLARS ($50,930,88), payable in equal installments paid at the same intervals as the City's management personnel are paid, · The City shall payor reimburse you consistent with reimbursement policies for City managerial employees. · You shall receive the same Health Insurance benefit provided to non-union City employees hired prior to 10/1/91. · You shall receive the Management Incentive Package, which became effective in 2001 for Supervisory Management Employees. · You shall receive the same benefit Disability Insurance provided to non-union City employees hired prior to 10/1/91. · You are currently enrolled in, and shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees hired prior to 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired prior to 10/1/91. · You shall be entitled to observe the same vacation accrual as managerial employees hired prior to 10/1/91. · You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired prior to October 1, 1991. · You shall receive either: the use of a City-owned vehicle that may be used during working hours, and also for commuting to and from work; or a vehicle allowance of$300.00 per month to cover the costs of maintaining and operating your private vehicle for use during working hours and events. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you, The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is October 1,2001. This Appointment shall terminate: a. At any time by mutual agreement of you and the City; b, Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection, The examining physician will be selected solely by the City; c, At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; d. Your death; e, Your resignation, A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation, If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a, Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. 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 prior to 10/1/91; c, An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired prior to 10/1/91; d, Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings, If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a, Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. 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 prior to 10/1/91; c. 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 prior to 10/1/91. If this Appointment terminated due to your physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: a. Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; b, Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; c. 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; d, Life and/or disability benefits if applicable, No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. 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 appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida, The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment 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 appointment or their application to other parties or circumstances. This appointment 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, This appointment letter contains the entire agreement between the City and you, All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date ofthis appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either ofthem. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties, If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and return it to me, Kurt Bressner City Manager Dated: q. )7.DJ- Class Code 48079 Grade: 29 46,736/ 56,083 / 70,104 FLSA:E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: Manager, Utilities Administration PURPOSE OF CLASSIFICATION The purpose of this classification is to manage department planning, budget, project/planning management, administrative activities, directly oversee administrative staff, financial functions, procurement functions, and administrative policy. A professional leadership position in a government utility that provides a business approach to the operation. ESSENTIAL FUNCTIONS The following duties are normal for this position, The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification, Other duties may be required and assigned. FINANCIAL FUNCTIONS (35% of responsibility) Ultimately responsible for Utilities Department budget approximately $28,000,000. Plans, prepares, administers, budget. Provides direction, guidance and assistance to management/supervisors in optimizing budget. Operating Fund Budget encompasses 12 divisions, 100+ employees. Possesses expenditure authority for department budget. Responsible for fund accounting for department, funds include Capital Improvement, Renewal and Replacement, Revenue Bond Construction Funds. Responsible for coordination of planning 5 year improvement plans. Fund range approximately $50,000,000. Position is point of contact for Finance Department. Possesses Utility responsibility on Bond covenant requirement. Coordinates with Finance Department on Revenue Bond Issues. Consult with Bond Counsel on covenants for interpretations or guidance. Responsible for information related to rate analysis. Perform functions necessary to move through rate analysis and development/recommendation of rate. Participate with rate consultants or other professional experts. Performs functions necessary to plan, prepare, and administer budget. Performs functions necessary to track fund activity and generate reports for analysislreview. Work with other professionals on budget, project accounting and related items. @ David M, Griffith & Associates, Ltd. Page 1 Last Revised: May 2002 Rate Revised: May 2002 Ci of Bo nton Beach, Florida · Mana er, Utilities Administration 48079 PROCUREMENT FUNCTIONS (35% of responsibility) Possesses ultimate responsibility for all Utilities Department procurement issues. Directs management and supervisory level on procurement function. Supervises and directs staff on preparation of procurement documents. Performs procurement functions necessary to facilitate processing of all documents related to Procurement. Processes contractual documents/payment requests/change orders, all items related to projects of any size. Works with other Procurement professionals, recommends, reviews, consults. ADMINISTRATIVE FUNCTIONS (30% of responsibility) Provides direct advisory supervision to Administrative Staff inclusive of Administrative Assistant, Administrative Secretary, and Administrative Clerks. Evaluate and support Administrative Assistant. Decision making authority related to administrative affairs. Provide guidance and direction to Management/Supervisory staff. Acts as a consultant for administrative policy. Discusses and evaluates problem situations, provides information, and initiates problem resolution. Prepares, reviews, and/or approves administrative documents and forms on behalf of department; reviews/signs department payroll and vacation requests; writes/composes correspondence; reviews/edits correspondence written by others before leaving the department. Develops administrative policy for department. Organizes, conducts, and/or attends meetings and training sessions; participates in and provides input for department staff meetings; presents information relating to budget concerns, purchasing processes, and general management issues. Processes a variety of documentation associated with departmental operations, per established procedures and within designated timeframes; distributes documentation or retains records as appropriate. Operates a computer to enter, retrieve, review or modify data; verifies accuracy of entered data and makes corrections; utilizes word processing, spreadsheet, database, or other software programs. Maintains hardcopy and computerized files for accounting records, budget documents, purchasing documents, contracts, bond information, payroll documents, and other departmental records. Performs research relating to purchasing and budget matters as needed; compiles data and prepares reports. Communicates via telephone and/or two-way radio; provides information and assistance; takes and relays messages; responds to requests for service or assistance. Communicates with supervisor, employees, other departments, city officials, contractors, vendors, sales representatives, the public, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. ADDITIONAL FUNCTIONS @ David M. Griffith & Associates, ltd. Page 2 Last Revised: May 2002 Ci of Bo nton Beach, Florida · Mana er, Utilities Administration 48079 Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in Business Administration, Public Administration, or closely related field; supplemented by five (5) years previous experience and/or training that includes government accounting, budget preparation, procurement, contract administration, rate setting, municipal revenue bonds and administrative work in a government purchasing/finance setting; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory capacity. EauiDment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal ADtitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical ADtitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasonina: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasonina: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIANCE Phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Reauirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. @ David M. Griffith & Associates, Ltd. Page 3 Last Revised: May 2002 Ci of Bo nton Beach, Florida. Mana er, Utilities Administration 48079 The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both Prospective and current employees to discuss potential accommodations with the employer. @ David M. Griffith & Associates, Ltd. Page 4 last Revised: May 2002 , (<' I) lv, '0 1 f" LETTER OF APPOINTMENT PETER MAZZELLA DEPUTY UTILITIES DIRECTOR September 17,2002 Mr. Peter Mazzella City of Boynton Beach 100 East Boynton Beach Blvd, Boynton Beach, FL 33435 Dear Mr, Mazzella: I am pleased to offer you an appointment as Deputy Utilities Director, By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Deputy Utilities Director is a contractual appointment by the City Manager of an individual in a specialized field and not a civil service position, The City's Civil Service Rules and Regulations are not applicable to the position and by accepting the position you are waiving any rights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below, The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation, Chapter III Compensation. Chapter III Compensation, Chapter VII Resignation Chapter IV Benefits, Chapter IV Benefits. Chapter IV Benefits, Chapter III Compensation. Chapter VI Discipline, Chapter VI Discipline, 02, Recruitment and Selection 02. Overtime 03 Callback and On Call 04, Compensatory Time 01. Termination Pay 09. Retirement Benefits 02, Vacation Leave 03, Sick Leave with Pay 06. Incentive Pay System 01. Disciplinary Actions 02. Formal Grievances If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position, You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for Deputy Utilities Director is attached as Exhibit "A", and you agree to provide the City with the services included in that job description, Except as otherwise expressly provided by this Appointment, as Deputy Utilities Director you shall at all times: a, Devote all your 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, b. Perform your duties and obligations faithfully, industriously, and to the best of your ability, c, Not engage in conflicting outside employment except with prior written authorization ofthe City Manager or his designee, d, Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time, All travel must receive prior written approval of the City Manager or his designee, A performance evaluation will be conducted by April 1 st of each year, commencing April 1,2003, and each and every April 1st thereafter. In addition, a mid-term evaluation will be conducted by November 1st of each year, commencing November 1, 2002 and by every November 1 st thereafter. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee, Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary 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. 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 or his designee and are subject to the appropriation of funds by the City Commission, Your compensation and other monetary benefits are as follows: · You shall receive an annual salary of SEVENTY -SEVEN THOUSAND THREE HUNDRED FORTY-TWO AND 72/100 DOLLARS ($77,342,72), payable in equal installments paid at the same intervals as the City's management personnel are paid, · The City shall payor reimburse you consistent with reimbursement policies for City managerial employees, · You shall receive the same Health Insurance benefit provided to non-union City employees hired prior to 10/1/91. · You shall receive the Management Incentive Package, which became effective in 2001 for Supervisory Management Employees, · You shall receive the same benefit Disability Insurance provided to non-union City employees hired prior to 10/1/91. · You are currently enrolled in, and shall enjoy all benefits provided under the General Employee Pension Plan, You shall receive the same Retirement System benefit provided to non-union employees hired prior to 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired prior to 10/1/91. · You shall be entitled to observe the same vacation accrual as managerial employees hired prior to 10/1/91. · You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired prior to October 1, 1991, · You shall receive either: the use of a City-owned vehicle that may be used during working hours, and also for commuting to and from work; or a vehicle allowance of$300.00 per month to cover the costs of maintaining and operating your private vehicle for use during working hours and events, If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and 3 pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you, The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is October 1,2001. This Appointment shall terminate: a. At any time by mutual agreement of you and the City; b. Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection, The examining physician will be selected solely by the City; c. At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position, Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; d. Your death; e. Your resignation, A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b, 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 prior to 10/1/91; c. An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired prior to 10/1/91; d, Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings, If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: 4 a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b, 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 prior to 10/1/91; c. 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 prior to 10/1/91. If this Appointment terminated due to your physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: a. Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; b, Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; c, 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; d. Life and/or disability benefits if applicable, No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. 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 appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida, The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City, If any provision of this Appointment 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 appointment or their application to other parties or circumstances, 5 This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws ofthe State of Florida, This appointment letter contains the entire agreement between the City and you, All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter, Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties, If the foregoing terms and conditions are acceptable to you, please sign and date the original ofthis letter, in the space provided below, and return it to me, v~ Kurt Bressner City Manager ,a---J/d /~ r /;.)".....r/? Peter Mazzella Dated: /C'~~ '-- 6 Class Code 48029 Grade: 37 55,885/67,062/83,828 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: DEPUTY DIRECTOR, UTILITIES PURPOSE OF CLASSIFICATION The purpose of this classification is to manage assigned divisions of the Utilities Department. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned, Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; interviews candidates for employment and makes hiring recommendations; coordinates training activities. Coordinates department work activities; organizes and prioritizes workload; makes work assignments; monitors status of work in progress; inspects completed work; troubleshoots problem situations. Ensures departmental compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct deviations or violations. Consults with assigned staff to review work requirements, status of work, and problems; assists with complex or problem situations; provides direction, advice, and technical expertise. Consults with director and other officials as needed to review department activities, provide recommendations, resolve problems, and receive advice/direction. Coordinates work activities with those of other departments, contractors, consultants, outside agencies, or others as needed. Performs administrative functions associated with department operations; develops/implements long and short term plans, goals, and objectives; develops, updates, and implements policies and procedures; develops and implements departmental budget, including annual budget and capital construction budgets; reviews/approves payment requisitions, invoices, and payroll documents; prepareslreviews regulatory reports and submits to appropriate agencies; prepares agenda items for presentation to city commission; coordinates emergency preparation, plans, contingencies, and response to potential disasters. Oversees operations and administration of plant operations, maintenance, and water distribution; performs inspections of project/work sites; manages and administers construction projects; reviews, writes, and provides input on specifications for capital expansion; reviews/comments on civil engineering plans for development; reviews submittals and shop drawings; attends construction meetings and reviews progress of projects; prepares permit applications; participates in regulatory inspections. @ David M. Griffith & Associates, Ltd. Page 1 Last Revised: May 2002 City of Boynton Beach, Florida. Deputy Director, Utilities 48029 Oversees operations and administration of storm water and wastewater system construction/installation; performs inspections of projecVwork sites; manages construction projects; coordinates lift station design and rehabilitation; reviews plans for new projects; develops project cost estimates. Oversees plan review, permitting, inspection of new construction, backflow prevention program, laboratory services, customer relations/utility billing, computer system administration, and system map development; reviews plans for utility improvement projects; manages construction projects; monitors/tracks development projects; prepares project construction schedules; establishes procedures for inspections and implementation of new development. Coordinates procurement of equipment and contracted services; researches new products, systems, and materials; obtains pricing from contractors and suppliers; prepares specifications for materials, equipment, and services; writes, prepares, and reviews bid documents/specifications; recommends award of contracts; ensures contract compliance for all contracts and specifications. Compiles or monitors various administrative and statistical data pertaining to departmental operations; performs research as needed; makes applicable calculations; analyzes data and identifies trends; prepares or generates reports; maintains records. . Prepares or completes various forms, reports, correspondence, plant operational reports, regulatory reports, change orders, specifications, permit applications, budget documents, performance appraisals, agenda items, or other documents. Receives various forms, reports, correspondence, requisitions, purchase orders, invoices, budget reports, equipment submittals, payroll sheets, vehicle maintenance requests, accident reports, operations reports, regulatory reports, production reports, quality analysis reports, engineering reports, contract documents, construction documents, civil engineering plans, electrical drawings, blueprints, specifications, master plans, comprehensive plans, union agreements, codes, regulations, standards, manuals, maps, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, project management, e-mail, or other software programs. Communicates via telephone and/or two-way radio; provides information, guidance, and assistance; takes and relays messages. Responds to complaints and questions related to department operations; provides information, researches problems, and initiates problem resolution. Communicates with director, employees, other departments, engineers, developers, contractors, consultants, inspectors, regulatory agencies, vendors, customers, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Provides education and information to the community; meets with homeowner groups and community organizations; communicates the city commission's vision and mission; gives speeches and presentations; prepares/distributes educational materials. Attends city commission meetings or other meetings; serves on committees as needed; gives speeches or presentations. . Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. @ David M. Griffith & Associates, Ltd. Page 2 Last Revised: May 2002 City of Boynton Beach, Florida. Deputy Director, Utilities 48029 ADDITIONAL FUNCTIONS Performs the duties of director in absence of same. Operates a motor vehicle to conduct work activities. Performs clerical tasks, which may include answering the telephone and recording messages, sending/receiving faxed documents, or copying documents. Provides assistance or coverage to other employees as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in civil engineering, natural/physical science, or closely related field; supplemented by five (5) years previous experience and/or training that includes utility plant operations, utility engineering, construction/design, plan review, and administrative operations; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. May require possession and maintenance of valid Florida Class A Water Treatment Plant Operator Certification. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a managerial capacity for a division or organizational unit. Includes the ability to make decisions on procedural and technical levels. Eauipment. Machinery. Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasonina: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. @ David M. Griffith & Associates, Ltd. Page 3 Last Revised: May 2002 City of Boynton Beach, Florida. Deputy Director, Utilities 48029 Situational Reasonina: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE Phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory ReQuirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, machinery, vibrations, electric currents, traffic hazards, toxic agents, disease, or pathogenic substances. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. @ David M. Griffith & Associates, Ltd. Page 4 Last Revised: May 2002