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R99-155RESOLUTION NO. R99-/.¢"'~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF BUILDING CODE ADMINISTRATOR OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH MICHAEL HAAG; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Michael Haag as Building Code Administrator of the City of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Michael Haag by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida :loes hereby confirm the appointment of Michael Haag as Building Code Administrator of the City of Boynton Beach, Florida and authorizes the City Manager !o execute an Appointment Contract on behalf of the City of Boynton Beach with ~lichael Haag, said Contract being attached hereto as Exhibit "A", and incorporated lerein by reference. Section 2. This Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED thiS //~ day of November, 1999. CITY OF BOYNT. ON ACH., FLORIDA Vi& Mayer Mayor Pro lem ~ommissioner \TTEST: APPOlrNTM ENT 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 MICHAEL HAAG ("HAAG"). RECITALS The C~TY and HAAG acknowledge the following premises for this contract: ; A. CITY MANAGER is the Chief Executive Officer of the CITY and is aqthorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field. I B. The CITY MANAGER on behalf of the CITY desires to appoint HAAG as the Bqilding Code Administrator of the CITY, and HAAG desires' to undertake that appointment. C. In selecting HAAG to be appointed as the Building Code Administrator for th CITY, the C~-I-Y MANAGER has relied on all information and materials appearing on or furnished in connection with his application for that position, including re resentations made in oral interviews. HAAG represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as BL ~ilding Code Administrator, and that the performance of such duties are specialized in nE ture. D. The CiTY and HAAG wish to reduce their agreements to writing in order to d~scribe their relationship' with each other, to provide a basis for effective ccmmunication between them as they fulfill their respective governance and ac ministrative functions in the Development Department of the C~I'Y and to enhance ac ministrative stability and continuity within the Development Department. E. The position of Building Code Administrator is a contractual appointment the C~ri'y MANAGER of an individual in a specialized field and not a civil service sition and neither the City's Civil Service Rules and Regulations nor the perSonnel licy Manual (PPM) are applicable to HAAG. F. Nothing herein shall constitute an abridgment of or limitation to the rights anU powers of the MANAGER to manage the work force of the CITY and to organize, reorganize, create, or abolish the Ci'I-Y work force, including the appointment referenced herein. b~ pc Pc ~ G. Nothing herein shall constitute an abridgment or limitation on the rights anU powers of the c~-rY Commission to create or alter the work force of the C~-i-Y by -1- appropriation or non-appropriation of funds earmarked for departments, positions, or appointments. TERiVlS, CONDI'TTONSr AND COVENANTS Accordingly, on the foregoing premises and in consideration of the mutual covenants contained in this contract, the CITY and HAAG agree as follows: ARTZCLE 1 Agreement for Appointment 1.1 The C~-I-Y MANAGER hereby appoints HAAG to serve as Building Code Administrator for the CITY and HAAG hereby accepts that appointment and undertakes that appointment. 1.2 HAAG is an at will employee of the CITY. By acceptance of this Contract HAAG acknowledges that there has been no representation or promise, express or ~mplied fixing the term of his appointment. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the C~'I-Y MANAGER's responsibilities and direction for the overall operation of the c~'rY's work force, HAAG shall: 2.1.1 Serve as the Building Code Administrator of the CITY and shall perform the job responsibilities as set forth on Exhibit "A"; 2.1.2 Perform such additional iob responsibilities related to the Development Department of the CITY as assigned by the CITY MANAGER or his/her designee. 2.2 I~lanner of Performance. Except as otherwise expressly provided by the contract, the Building Code Administrator at 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 perform his duties and obligations faithfully, industriously, and to the best of his ability. -2- 2.2.3 not engage in conflicting outside employment except with prior written disclosure to'and written consent of the CiTY MANAGER or his/her designee. 2.2.4- keep the C1TY MANAGER or his/her designee fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. All travel must receive prior written approval of the C1TY MANAGER. ARTZCLE 3 Annual Performance Goals and Evaluation 3.1 The CTI'Y MANAGER or his/her designee shall review and evaluate the performance of HAAG at least once annually in advance of the adoption of the annual operating budget. The rewew and evaluation shall be in accordance with specific criteria deve oped by the MANAGER or his/her designee. 'The criteria may be added to or de eted from as MANAGER or his/her designee may from time to time determine. Further, the MANAGER or his/her designee shall provide HAAG with summary written statement of the evaluation and provide an adequate opportunity for HAAG to discuss his evaluation with the MANAGER or his/her designee. Annually, the MANAGER or his/her designee and HAAG shall define such goals and performance objectives that they determine necessary for the proper operation of the Development 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 i~ the annual operating and capitaJ budgets and appropriations provided by the CTI'Y. 3.2 Compensation reviews are not subject to any specific formula applicable to other C1TY 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. ARTZCLE 4 Compensation and Benefits ~ 4.1 Base ~alary. The cI-rY shall pay to HAAG an annual salary of FIFTY-FOUR THOUSAND AND NO/100 DOLLARS ($54,000.00), payable in equal insiallments at the same intervals as the C1TY's management personnel are paid. 4.2 Business Expenses. The CiTY shall pay or reimburse HAAG cor~sistent with reimbursement policies for CI-FY managerial employees. 4.3 Automobile. HAAG shall be compensated for use of his personal vehicle for city business in the amount of $350.00 per month. 4.4 Health Insurance. HAAG shall receive the same benefit provided to non-union City employees hired prior to October 1, 1991. 4.5 Disability Insurance. HAAG shall receive the same benefit provided to non-union City employees hired prior to October 1, 1991. 4.6 Life Insurance. HAAG shall receive the same benefit provided to non-union City employees hired prior to October 1, 1991. 4.7 Participation in Retirement System. HAAG shall continue to be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. 4.8 Holidays. HAAG shall be entitled to observe the same paid legal holidays as non-union employees hired prior to October 1, 1991. 4.9 Vacations. HAAG shall be entitled to observe the same vacation accrual as non-union em ployees hired prior to October 1, 1991. 4.10 Sick Leave. HAAG shall be entitled to accrue sick eave and be subject to the same sick leave policies as non-union employees hired prior to October 1, 1991. ARTICLE 5 Indemnification and Reimbursement 5.1 Indemnification of the Building Code Administrator of the Development Department of the City of Boynton Beach. The CTI'Y shall: 5.1.1 defend and indemnify HAAG against all claims and actions, civil or criminal, provided the claims or actions arise 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 HAAG 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 HAAG. 5.1.3 CTI'Y reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense· ARTZCLE 6 Duration of Contract 6.1//¢_-~ HAAG's//,//¢ appointment and the term of this Contract shall commence ARTrCLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of HAAG and the C1TY; i 7·1·2 upon HAAG'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 co@dition, which inability shall be verified at the CITY's expense (to the extent not covered by applicable medical insurance maintained by the CITY) by a licensed physician selected by the CITY; 7.1,3 Contract for the position· at any time by the CITY's unilateral termination of HAAG's 7.1.4 the death of HAAG. wr 7·1.5 the resignation of HAAG. A resignation shall be submitted in ting and shall provide for a actual resignation date no later than forty-five (45) days owing the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CTTY. Un~lateral termination shall be in writing, signed by the CITY MANAGER and need not reflect performance related reasons, ff this Contract is terminated by unilateral action by,he CITY MANAGER, HAAG shall be entitled only to: 7.2.! Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual base salaW shall be divlded by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. 7.2.2 reimbursement for as-yet unrelmbursed expenses pursuant -5- to this Contract; 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 prior to October 1, 1991; 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 prior to October 1, 1991. 7.3 Rights and Obligations Upon Termination by Mutual Agreement. If this COntract terminates upon mutual agreement of the parties, HAAG shall be entitled to: 7.3.1 base salary accrued to the agreed date o.f 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 prior to October 1, 1991; 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 prior to October 1, 1991; 7,4 Rights and Obligations Upon Termination Due to Disability or Death, If this Contract terminates due to HAAG's physical disability or death, HAAG 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 HAAG performed services to or on behalf of the C1TY; 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 prior to October 1, 1991; 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 HAAG's resignation, HAAG shall be entitled only to the following compensation and benefits: 7.5.1 base salary through the date of resignation or such other da~e as mutually agreed to between HAAG and the CTI'Y 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 prior to October 1, 1991; 7.5.4 life and/or disability benefits if applicable.. ARTZCLE 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. ARTZCLE 9 [napplicability of Collective-Bargaining Agreements I 9.1 No collective-bargaining agreement to which the CTI-Y is a party sh~ll 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 Count,/, Fldrida. -7- ARTTCLE 11 Waiver 11.1 The CITY's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any oti~er breach of the same or any other term, condition, or covenant of this Contract. ARTZCLE 12 Applicability to Successors 12.! This Contract shall be binding on and inure to the benefit of: 12.1.1 HAAG's heirs and personal representatives; and 12.:[.2the CITY regardless of changes in the persons holding office as members of the CITY. ARTTCLE 13 Severability of Provisions 13.1 Tf 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 ~nvalidating 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. ARTTCLE 15 Tntegration of All Agreements and Understandings 15.1 This Contract contains the entire agreement between the CITY and HAAG. All prior agreements and understandings, whether written or oral, pertaining to the CFI'Y's appointment of HAAG are fully abrogated and of no further force and effect from and alter the date of this Contract. -8- :[5.2 Regardless of which pado/of party's counsel prepared the original draft and subsequent revisions of this Contract, HAAG and the CITY and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. ~ 15,3 The Omission from this Contract of a term or provision contained in an!earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTTCLE 16 Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of Which shall be deemed an original and all of which together shall be deemed one and th~ same instrument. No term, condition, or covenant of this Contract shall be binding on ieither party until both parties have signed it. EXECUTED on the respective dates set forth below. / ~I-ITY OF BC YNTON BEACH ' --'~WII'F~P~ ) HAwKINS,-~NTERIM C1TY MANAGER S:ca,agr\emp\Haag Dated: Dated: Class Code 0570 Grade: 24 39,063 / 46,876 / 58.595 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: BUILDING CODE ADMINISTRATOR PURPOSE OF CLASSIFICATION The purpose of this classification is to supervise operations and activities of the Building Division in its function to review permit applications and construction plans, conduct building inspections, iden~y code violations, issue certificates of occupancy or completion, and enforce applicable codes and ordinances in order to protect the life, health. and safety of citizens and the business community. 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; conducts staff ~xaiinng. _.. Coordinates daily work activities; organizes and priorifizes division workload; makes work assignmems and sets deadlines; monitors status of work in progress; inspects completed work; troubleshoots problem situations. 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, city manager, and other officials as needed ro review division activities, provide recommendations, resolve problems, and recmve advice/direction. Coordinates division activities with other divisions, other dapamnents, property owners, con~xactors, other inspectors, or other individuals. Interprem and enforces the provisions of applicable federal, state, and local codes, laws, aries, regulations, specifications, standards, policies and procedures; reviews/interprets zoning and occupational license ordinances; initiates any actions necessary m correct deviations or violations. Provides information and technical assistance concerning building codes; provides technical support to code enforcement staff; confers with conh'actors, architects and engineers concerning code interpretations; conducts pre- construction meetings with contractors; meets with property owners, developers, contractors, and architects; recommends solutions to problems; responds to questions or complaints concerning code violations. Supervises records management; permitting application and issuance and plan review activities; reviews construction plans for conformance with applicable codes; approves or denies requests for approval of alternate construction methods. ~-~ Assists in the adoption of new codes and ordinances; reviews additions to building codes; recommends code changes to local amendments. David NL Griffith & Associates, Ltd. Page 1 Last Revised: November, 1998 .: . Cit~ of Boynton Beach, Florida · Building Code Administrator 0570 Attends various meetings and participates on committees/boards as needed; conducts staff meetings; participates in and/or serves as liaison to va[ions professional organizations as appropriate. Serves as alternate for Building Official and Director of Devel0pment when needed. Prepares and administers division budget; projects revenues for upcoming budget year; monitors expenditures. Establishes and recommends internal operating policies and procedures; recommends improvements in operational procedures. Reads, interprets, and understands conslntction plans and construction documents. Preparesi or completes various forms, reports, correspondence, production repons, performance appraisals, or other documents. Receives various forms, repons, correspondence, budget repons, weekly/monttdy activity reports, construction plans, penmt files, manufacturer specffications, codes, amendments, ordinances, maps, trade publications, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review oi modify data; verifies accuracy of entered data and makes corrections; tiliz~s word processing, spreadsheet, or other software programs. OperAtes/utilizes. ~a variety of equipment, and tools associated with insnection~, activities, which may include a motor vehicle, pager, ladder, measuring tape, level, and mechanic tools; computer, calculator, and drawing tools. Ensures appropriate maintenance of equipment. Oversees staff in following safety procedures, util/zing safety eqnipment~ and monitoring work environment to ensure safet~ of employees and other mdiwduals. Communicates v/a telephone and/or two-way radio; provides information and assistance; takes and relays messages; respends to requests for service or assistance. Communicates. . with. director, employees,, other divisions,, other departments, city officials, government agancies, m,ves~ga,~o.rs,, ~chitects, contractors,, design profes, si~mls, e~gineers, property owners, outside agencies, the public, and omerinmwaums as needed to coordinate work actvaUes, review status of work, exchange information, resolve problems, or give/receive advice/direction. Matin ,t~ins a c~mprehensive,, current knowledge of applicable laws/regulations; malnta/ns an awareness of new trends aaa ~tvances m the profession; reads professional htemmre; maintains professional affil/ations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Provi~e.s education and information to the community; gives speeches and presentations; prepares/distributes educational mateti~als. Provk~es assistance or coverage to other employees as needed. Performs other retated duties as required. © amd M. Griffith & Associates, Ltd. Page 2 Last Revised: November, 1998 Ci,ty of Boynton Beach. Florida · Building Code Administrator 0570 MINIMUM QUALIFICATIONS Vocational/Technical degree with t~alniug emphasis in building construction and consWaction trades, and which includes an apprenticeship in an associated trade; supplemented by six (6) years prewous expenence and/or training that includes building consWaction, consumction trades, building inspection, code enforcement- and supervision; or any equivalent combination of education, training, and experience winch provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain va[id State of Florida Building Code Administrator Certification, and certification per Florida Statute 468, as a Plans Examiner and Inspector in at least one of the following disciplines: Building, Plumbing, Mechanical or Eleclrical.. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equinmant, M~ehinerv, Tools, and Materials Utilization: Requires the abili~ to operate, maneuver and/ur control the actions of eqmpment, machinery, tools, and/or materials used in performing essential functions. ~: Requires the ability re utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical A titude: Requires the abiliej to perform addition, subtraction, multiplication and division; ability ro 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 Reasouim': Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasonin: Requires the ability ro exermse judgment, decisiveness and creativity in situations involving the evaluation of infoImation against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifmble. ADA COMPLIANCE ~: Tasks require the abihty to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weighi (12-20 pounds). Sensory Renuirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texUtre, 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, wemess, humidity, rain, fumes, temperature and noise extremes, bright/dim light, machinery, electric cnsrants, traffic hazards, toxic agents, violence, disease, or pathogenic substances. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. Irt compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qnahfied individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Last Revised: November, 1998 David M. Griflith & Associates, Ltd. Page 3