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ITEM 1EMPLOYMENT AGREEMENT AGREEMENT entered into this day of April, 2017 by and between the City of Otsego, a municipal corporation under the laws of the State of Minnesota, (hereinafter referred to as "City") and Adam Flaherty (hereinafter referred to as "Flaherty") WITNESSETH: WHEREAS, the City desires to employ the services of Flaherty as City Administrator/ Finance Director of said City; and, WHEREAS, Flaherty desires to accept employment in said position; and WHEREAS, Flaherty has served as the City Finance Director since August, 2015 and has served as the Interim City Administrator for the last six (6) months. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties The City hereby agrees to employ Flaherty in the combined role as City Administrator and City Finance Director of said City to perform the functions and duties of City Administrator as specified in the job description, attached hereto as Exhibit A and to perforin the duties of the City Finance Director as set forth on Exhibit B, and to perform other legally permissible and proper functions and duties as the City Council from time to time shall assign. Section 2. Term Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Flaherty at any time with or without cause by a majority vote of the full Council, subject only to the provisions set forth herein. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of Flaherty to voluntarily resign at any time from the position of City Administrator/ City Finance Director, subject only to the provisions set forth herein. In the event that Flaherty does voluntarily resign his position with the City, he shall give the City one month advance notice thereof, unless otherwise agreed by the parties. Section 3. Termination, Severance Pay and Option to Retain Finance Officer Position In the event Flaherty is terminated without cause by the City Council, the City shall pay Flaherty a lump sum cash payment equal to six (6) months of salary as severance payment. The severance payment shall be made in a lump sum unless agreed to by the City and Flaherty. The City shall also pay Flaherty for all PTO accrued at the time of termination. In the event that Flaherty is terminated for cause, as defined in the City Personnel Policy as it exists at the time of the action, voluntarily resigns the position, or either party exercises the option in the paragraph below, no severance cash payment will be made. For a period of two (2) years after the date of execution of this Agreement, Flaherty or the City shall have the option, upon two (2) months' notice to the other party, of discontinuing his duties as the combined City Administrator/ Finance Director and re -instating Flaherty as the City Finance Director only at the pay rate then in force and affect for that position pursuant to the City Personnel Policy as it exists at that time. In the event that either party exercises such option, Flaherty shall serve in that position as an at will employee and subject to discharge with or without cause as are all other City employees and the provisions of this Agreement shall become null and void. If either party exercises this option no severance cash payment will be made. Section 4. Salary The City agrees to pay Flaherty for his services rendered pursuant hereto a yearly salary of Grade 21, Step 4 of the current City approved pay scale commencing upon the date this Agreement is approved and executed. The City shall review Flaherty's performance on or about August 1, 2017 and upon a satisfactory review, shall raise the yearly salary to Grade 21, Step 5 of the City approved pay scale. The City also agrees to review and possibly increase said salary and/or other financial benefits of Flaherty in such amounts as the City Council, at its sole discretion, may determine is desirable on the basis of an annual or semi-annual performance reviews. Said adjustment, if any, to be made on the anniversary date of his first employment with the City. The City may not decrease Flaherty's salary or other financial benefits, except in the case where all other employees of the City are decreased by an equal percentage. Section 5. Performance Evaluation The City shall review and evaluate the performance of Flaherty on a periodic basis, semi-annually for the first two years of employment at this position, but not less than once each calendar year thereafter, in accordance with specific criteria determined by the City Council. Section 6. Relocation The City agrees that Flaherty is not required to relocate his personal residence within the City. Section 7. General Expenses The City recognizes that from time to time Flaherty will, of necessity, spend personal funds to adequately fulfill the duties and functions of the position. In recognition thereof, the City agrees to reimburse Flaherty for all such direct expenses (including mileage), in accordance with guidelines established by the City Council consistent with other staff. The City encourages and agrees to consider yearly requests to budget and pay for professional dues and subscriptions of Flaherty necessary for his full participation in associations and organizations necessary for his continued professional growth and development, commencing in 2017. Specifically, City will pay for expenses for the following: payment for forty (40) hours of credits to maintain CPA licensing, payment for attendance at annual state Government Finance Officers Association (GFOA) conference with the option to attend annual national GFOA conference once every three (3) years, as well as payment for membership in Minnesota City Manager Association (MCMA) and attendance at annual MCMA conferences with the option of attending the national ICMA conference once every three (3) years. Flaherty may attend the national GFOA and national ICMCA once every three years. Payment for other dues and subscriptions and attendance at other conferences, meetings, seminars, and other such occasions must be approved in advance by the City Council. Section 8. Personal Time Off (PTO) The City recognizes that Flaherty will be employed in two positions and has over five years of experience in City Finance. Therefore, the City agrees to provide Personal Time Off (PTO) as follows: he will earn PTO at the same rate of accrual as other City employees based upon 6-1.1 of the current City Personnel Policy. Flaherty will start out with and continue with allotted hours of PTO time per year commensurate with two through five years of employment; which shall be accrued at the same rate as other City employees. On or about August 1, 2018, and subject to satisfactory performance review, Flaherty shall be granted additional PTO commensurate with six through nine years of Employment under Section 6-1.1 of the City Personnel Policy as it exists on August 1, 2018. Flaherty shall have the right to carry over no more PTO from year to year then is allowed other employees under the City Personnel Policy. Section 9. Retirement The City agrees to enroll Flaherty into the Public Employment Retirement Account (PERA) system and to make all the appropriate contributions on Flaherty's behalf as per statute, both for the City and Flaherty share required. Section 10. Insurance The City shall grant Flaherty health insurance, dental insurance, life insurance, workers compensation, liability insurance and disability insurance in the same manner as other employees. Section 11. Other Terms and Conditions of Employment The City Council shall fix such other terms and conditions of employment for Flaherty as from time to time it may determine are desirable, provided such terms and conditions are not inconsistent with or do not conflict with the provisions of this Agreement. All regulations, rules, and benefits of the City relative to the terms and conditions of employment, as they now exist or hereafter may be amended, also shall apply to Flaherty as they would to any other employee of the City, unless specifically modified, limited, or expanded by this agreement. In the event of any conflict between the terms and provisions of the City Personnel Policy and this Agreement, the terms and conditions of this Agreement shall prevail. The City recognizes that the City Administrator/ City Finance Director position requires after-hours meetings and attendance at other functions either 4 during or after regular work. hours. It is the intent of the parties that Flaherty is being hired to perform all tasks as set forth in those job descriptions attached hereto as Exhibit A and Exhibit B, regardless of the specific number of hours required to complete such tasks. It is understood that Flaherty will work. a minimum of 40 hours per week with an average of 8 hours per day over a five day work week.. City will work with Flaherty to minimize the number of meetings, if possible, that he is required to attend. Section 12. General Provisions hereto. The text herein shall constitute the entire agreement between the parties This Agreement shall become effective on April 19, 2017. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid, or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. This Agreement will be construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in duplicate, on the day and year first above written. CITY OF OTSEGO Dated: Its MAYOR And Its CITY CLERK ADAM FLAHERTY Dated: ADAM FLAHERTY Position: City Administrator FLSA Status: Exempt Pay Grade: 21 Date Approved: September 26, 2016 DESCRIPTION OF WORK General Statement of Duties: Serves as Chief Administrative Officer for the City. Responsible for the daily administration and coordination of all City matters in accordance with the goals, objectives, and directives of the City Council, the City Ordinance and applicable laws. Immediate Supervisor: City Council Supervisions: City Clerk, Finance Director, Parks and Recreation Manager, Street Operations Manager, Utility Operations Manager, and all city staff indirectly. MAJOR JOB FUNCTIONS 1. City Administration a. Implement and enforce the City's laws and ordinances, recommend changes to the City Council b. Develop, recommend, and implement administrative procedures, rules, and guidelines as necessary for the efficient, effective, and proper functioning and coordination of the City's affairs consistent with all laws, ordinances, and policies. c. Attend and participate in City Council, subcommittee, joint powers boards, advisory committee, and other meetings as directed by the City Council. d. Consistently make recommendations to the City Council on City matters as necessary, to enhance the efficiency and effectiveness of the administration of the City, to protect the City from liability, and for protecting and enhancing the health, safety, and welfare of the community. e. Prepare agendas and supporting material for City Council meetings. f. Monitor operations to ensure compliance with applicable laws, regulations, rules and ordinances g. Keep the City Council updated and informed on the activities of the City h. Provide leadership and direction in the operational and strategic business of the City i. Regularly evaluate operations and services to identify areas for continuous improvement j. Lead management team k. Lead strategic planning efforts of the City. 1. Oversee general administration of the City 2. Financial Activities a. Prepare and submit for Council approval annual operating and capital improvement budgets/plans b. Monitor overall City financial condition and ensures that the City Council is informed of financial condition and matters c. Follow all finance laws and policies including but not limited to all purchasing policies and the public purpose expenditure policy 3. Public Relations and Liaison Activities a. Represent the City at functions as City representative b. Serve as liaison to other government entities, community organizations, and the business community c. Promote cooperative partnerships and relationships with businesses and organizations d. Serve as primary staff media contact; prepare press releases and other public relations material 4. Economic Development and Redevelopment a. Actively lead and oversee economic development initiatives and projects b. Negotiate complex development agreements S. Supervision and Personnel Activities a. Supervise and direct all staff consistent with City Policy, State and Federal law b. With assistance of Human Resource Generalist/Deputy Clerk, ensure that all employee performance reviews are completed timely c. Perform annual performance reviews of all employees supervised d. Recommend discipline and pay increases e. Ensure staff attends safety training and follows safety procedures f. Supervise and direct all City Council appointed consultants g. Assign work and ensure that it is done accurately and timely h. Interview and recommend staff i. Handle and resolve complex human resources matters 6. General a. Provide exceptional customer service to residents, developers, city officials, and the general public b. Make decisions that are always in the best interest of the City c. Follow all safety policies and procedures d. Follow all City policies and procedures e. Treat fellow employees with respect and integrity f. Promote a positive and motivating environment g. Perform other duties and projects as assigned KNOWLEDGE, SKILLS AND ABILITIES • Demonstrable extensive knowledge of and experience in leading city operations including municipal finance, public works, public safety, community development, human resources, culture and recreation, and public utilities • Knowledge of pertinent Federal, State, and local laws ordinances, statutes, and regulations • Ability to develop, implement, and administer goals, objectives and procedures for providing effective and efficient services for the City • Extensive knowledge of the policies and practices of public administration • Experience in public speaking and making presentations to government bodies, professional associations, and community organizations • Considerable ability to negotiate and strategize to meet the City's goals in complex situations, contracts, and relationships • Working ability to exercise resourcefulness in solving problems • Demonstrable experience in policy development and implementation • Ability to communicate clearly, professionally, effectively, and precisely using tact and diplomacy both verbally and in writing • Ability to resolve and diffuse conflicts • Ability to understand, manage, and communicate complex ideas, projects, and situations • Considerable ability to lead and supervise staff, delegate work, and prioritize, organize, plan, and direct operations • Thorough ability to research and analyze problems and issues, identify and utilize appropriate resources, develop and evaluate options, prepare recommendations and make sound decisions • Considerable ability to prioritize City needs, to coordinate departmental operations and services, contracted services and to allocate resources effectively. • Applied experience and knowledge in strategic planning • Ability to work independently and as part of a team; to coordinate work with other departments; and to lead multi -departmental or multi -jurisdictional projects. • Strong sense of honesty, integrity, and credibility MINIMUM QUALIFICATIONS 1. Bachelor's Degree in public administration, political science, business management or a closely related field from an accredited college or university 2. Seven years of public sector management experience as a City Administrator/Manager or Deputy City Administrator/Manager 3. Valid Minnesota driver's license PREFERRED QUALIFICATIONS 1. Master's Degree in Public Administration, Business Administration or Management 2. Leadership and administration experience in a rapidly growing city PHYSICAL DEMANDS The physical requirements checked on the attached sheet are representative of those that must be met to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Note: This job description does not constitute a contract or employment agreement. Position: Finance Director FLSA Status: Exempt Pay Grade: 18 Approved: September 26, 2016 DESCRIPTION OF WORK General Statement of Duties: Directs and manages the Finance and Information Technology (IT) departments including serving as the Chief Financial Officer of the City. Performs a broad variety of governmental functions at the request of the City Administrator. Immediate Supervisor: City Administrator Supervises: Accountant, Utility Billing, Building Permit Technician, Administrative Assistant, and Receptionist Office Assistant. MAJOR JOB FUNCTIONS 1. Finance: a. Provide recommendations to the City Administrator and City Council for establishing long and short-range financial goals including preparation and management of a Capital Improvement Plan b. Plan and implement sound financial strategies to ensure a high level of financial planning and management c. Develop and manage internal controls and accounting policies and procedures for accounts payable, accounts receivable, deposit of funds, utility billing, fixed assets and escrow accounting to properly and legally report and manage all financial activities of the City and safeguard City assets d. Budget i. Monitor all budgets to ensure compliance with the adopted budget ii. Prepare a draft budget for review by City Administrator iii. Provide budget analysis and recommendations iv. Ensure all levies are correct complies with all legal budget and tax levy requirements e. Comprehensive Annual Financial Report (CAFR) i. Coordinate the preparation and completion of the CAFR and related year-end reporting requirements ii. Manage the audit process including overseeing the preparation of audit work papers iii. Assist auditors in writing the CAFR and submit CAFR for GFOA's Certificate of Achievement in Financial Reporting program f. Cash Management i. Monitor and manage cash flow needs of City ii. Invest funds according to approved investment policy and state statutes iii. Implement internal control systems g. General finance duties i. Prepare and present reports and analysis ii. Prepare staff memos and recommendations to and for the City Administrator and City Council iii. Make presentations to City Council and other entities/organizations iv. Responsible for all aspects of the City's finances including utility billing v. Manage and perform City's risk management functions 2. Economic Development: a. Maintain financial records for all TIF, tax abatement and other economic development finance incentives b. Complete and timely submit all required federal, state, and local reporting for all economic development finance programs/incentives c. Ensure financial related provisions of developers agreements are followed d. Maintain accounting, billing, and reimbursement of all escrow accounts e. Assist with Economic Development Authority activities as requested by the City Administrator f. Provide review and analysis of TIF, Tax Abatement, and other development incentives on an annual basis for budget purposes and as requested by the City Administrator 3. Assist City Administrator: a. Provide assistance to City Administrator on special projects and other items as assigned 4. Human Resources: a. Ensure City complies with all federal and state payroll, employment, and all relevant personnel and payroll laws b. Ensure all reporting requirements are met for all payroll and human resource functions c. Oversee payroll functions S. IT: a. Oversee IT functions and make recommendations to supervisor to maintain a highly functional and up-to-date IT system city wide 6. Policy and Procedure Development: a. Responsible for Policies and Procedures relating to Finance, IT and related areas i. Evaluate and recommend changes to policies, procedures and practices and follows procedures to get approval and implement changes ii. Ensure that staff, elected officials, and appointed officials follow all City and State policies and procedures and follow applicable laws 7. Supervision: a. Finance and IT Department Staff i. Perform annual performance review for all department staff ii. Ensure staff is adequately trained and department is cross trained iii. Recommend discipline and pay increases b. Ensure staff attends safety training and follows safety procedures i. Assign works and ensures that it is done accurately and timely ii. Interview and recommend staff c. Building Permit Technician i. Provide administrative supervision including approval of leave time ii. Perform annual performance review with input from Building Permit Technician's technical supervisor iii. Recommend discipline and pay increases with input from Building Permit Technician's technical supervisor iv. Ensure staff attends safety training and follows safety procedures 8. General a. Expertise in a broad range of governmental accounting software, Microsoft Office applications, and IT systems b. Participate actively in the City's management team c. Confer with supervisor, peers, and employees to discuss and resolve issues d. Provide exceptional customer service to residents, developers, city officials, and the general public e. Make decisions that are always in the best interest of the City f. Follow all safety policies and procedures g. Follow all City policies and procedures h. Treat fellow employees with respect and integrity i. Promote a positive and motivating environment j. Perform other duties and projects as assigned KNOWLEDGE, SKILLS AND ABILITIES • Demonstrable knowledge of and experience in applying Generally Accepted Accounting Principles (GAAP) as defined by GASB • Extensive knowledge of and experience in governmental accounting policies, procedures and practices as defined by the GFOA • Extensive knowledge of and experience in laws, practices, and regulations applicable to City government finances • Extensive knowledge of and experience in City operations, ordinances, and practices related to finance and budgeting, economic development, and city management • Proficient in government finance software, Microsoft Office (Excel, Word, and PowerPoint) and standard computer systems and programs • Familiarity with analyzing development and redevelopment proposals and requests for incentives • Familiarity with analyzing tax increment financing and tax abatement plan financial data and drafting and implementing TIF and tax abatement plans • Familiarity with administering economic development loan programs • Experience making presentations to government bodies, professional associations, and community organizations • Ability to communicate clearly, professionally, effectively, and precisely both verbally and in writing • Ability to resolve and diffuse conflicts • Ability to understand, manage, and communicate complex ideas, projects, and situations • Applied experience and knowledge of cash management including investment statutes and practices, budgeting, capital improvement planning, financial management plans and purchasing/contract laws and practices • Ability to work independently and as part of a team and to coordinate work with other departments and to lead multi -departmental or multi -jurisdictional projects • Ability to plan, prioritize and organize the department's work • Strong sense of honesty, integrity, and credibility MINIMUM QUALIFICATIONS 1. Bachelor's Degree in accounting or finance 2. A combination of seven years of professional experience in government accounting, financial management, economic development, or city or county management at a manager level 3. Five years of supervisory experience 4. A valid driver's license 4 PREFERRED QUALIFICATIONS 1. Certified Public Accounting License 2. Experience working for a growing city or county PHYSICAL REQUIREMENTS The physical requirements checked on the attached sheet are representative of those that must be met to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Note: This job description does not constitute a contract or employment agreement. 5