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8.3. SR 05-18-2009REQUEST FOR ACTION To Item Number Ci Council 8.3. Agenda Section Meeting Date Prepared by Administration Ma 18, 2009 Lori ohnson, Ci Administrator Item Description Reviewed by Consider Public Works Director Position Reviewed by Action Requested 1. Consider six month extension of Agreement for Public Works Director Services Between the City of Elk River and BDM Consulting Engineers. 2. Authorize recruitment process to fill public works director position. Background/Discussion In June 2007 the City Council approved a position description and pay grade for the public works director position with the intent of hiring an on staff public works director. For several reasons, the City Council instead decided to contract with BDM Consulting Engineers for public works director services on a short term basis instead of filling the position. The City entered into a two year contract that expires on July 9, 2009. Although this arrangement has sufficed for the last two years, it has been the City's intent to fill this position with an employee. As you know, the recruitment process for a fire chief is currently under way. Given that timing, I am requesting that the Council consider extending the current contract with BDM for six months through January 9, 2010. BDM has agreed to this request for a six month extension. This would give staff adequate time to complete the recruitment process and have a public works director in place in January. Financial Impact The exact financial impact is not known at this time. The financial impact will vary based on the rate of pay at which the public works director would start, the number of hours of BDM services the city receives, and the amount charged for services outside of the Agreement. Based on a productive hours calculation, it is likely to be less than the current BDM contract. Attachments ^ Public Works Director Position Description ^ Agreement for Public Works Director Services between the City of Elk River and BDM Consulting Engineers ACtlon Motion by Second by Vote Follow Up S:\Council\Lori\2009\Public Works director extension of contract 05 18 09.doc ' ~ '' City of Elk River 1~ _ _ _ Public Works Director fiver Position Description Department: Immediate Supervisor: Public Works City Administrator Pay Grade: FLSA Status: Last Updated: (date) 16 Exem t 04/07 Positions Supervised: Street Su erintendent, Chief Wastewater O erator, Cite En ~ eer, Buildin Maintenance Su ervisor Position Summary Provide complex administrative, leadership, supervisory, and professional work in leading and managing the streets, fleet maintenance, facilities and grounds, wastewater treatment, and en ~ eerie divisions. Essential Functions 1. Directs and supervises department operations to achieve goals within available resources. A. Trains, develops, and motivates staff. B. Performs timely annual performance reviews of all employees supervised. C. Evaluates employee performance on a formal and informal basis and creates job performance improvement plans as appropriate. D. Assists in selecting training to develop staff. E. Studies and standardizes procedures to improve efficiency and effectiveness of operations. F. Delegates work assignments. 2. Coordinates and supervises the planning, design, construction, and maintenance of all street, storm water, and wastewater system improvements for the city. Provides leadership and direction in the development of public works related short and long range plans and projects. A. Gathers, interprets, and prepares data for studies, reports, and recommendations. B. Coordinates department activities with other departments and agencies as needed. C. Conducts policy analysis to meet needs efficiently and effectively. 4. Oversees and leads activities of street, fleet maintenance, facilities and grounds, engineering, and wastewater treatment. Coordinates and oversees application of all local, state, and federal ordinances, codes, rules, and regulations for all public works divisions. 6. Direct the development and implementation of effective and efficient policies and procedures for all public works divisions. Page 1 Participates as a member of the Ciry Administrator's management team by providing information and support to other departments on a broad range of issues. 8. Prepares annual reports for public works, and oversees and ensures reporting requirements for all divisions are met. Attends city council and planning commission meetings, and meetings with other governmental agencies and public groups. Makes presentations and works with various committees. Serves as staff liaison to various committees, boards, and commissions. 10. Prepares, submits, and administers annual departmental budget and capital improvement plan including the controls necessary to ensure budgetary compliance. A. Responsible for staff support to monitor revenues and expenditures to assure sound fiscal control. B. Assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time. 11. Performs other essential job duties. A. Regular and timely work attendance. B. Follows all safety procedures. C. Participates in safety training. Required Knowledge, Skills, and Abilities ^ Thorough applied knowledge of civil engineering and public works principles, practices, and methods as applicable to a municipal setting. ^ Thorough applied knowledge of policies, laws, and regulations affecting department activities. ^ Thorough knowledge of public financing techniques for infrastructure including grants, loans, state and federal aids. ^ Knowledge of engineering and building construction principles and concepts. ^ Knowledge of geographic information systems and how to use them in the operation of a public works department. ^ Knowledge of landscape architecture and traffic engineering. ^ Knowledge of the principles and practices of civil engineering. ^ Ability to negotiate effectively. ^ Ability to supervise a complex set of department functions. ^ Ability to think in a creative and strategic manner in order to develop alternative program proposals designed to achieve results consistent with community goals. ^ Abiliry to communicate effectively orally and to write clearly, concisely, and legibly. ^ Abiliry to make presentations to a variety of audiences. ^ Ability to analyze technical and statistical information and to prepare and present technical oral and written reports. ^ Ability to prepare written grant applications. ^ Abiliry to maintain effective working relationships. ^ Abiliry to use Microsoft based computer software. ^ Ability to write and administer grants. ^ Demonstrated leadership abilities. ^ Abiliry to move about on construction work sites and under adverse field conditions. Page 2 Minimum Qualifications ^ Bachelor's degree in civil engineering or closer related field. ^ Seven pears extensive experience of a progressively responsible nature in public works activities. ^ Experience as a department or division head for a community of 1.5,000 or larger. ^ Five years supervisory experience. ^ Valid driver's license. Preferred Qualifications ^ Registered professional engineer in the state of Minnesota. 1 ilh P(J~IT7!:1Il 1~CSC1"1~1C1C7il 1~ 11t5L iIlTCIli1CCj ICI t~~' rl~-lIICJU~1; C. IT 1~ CC~T1]1?1 L~lt' ~.lC} f?I ~=Lh ~?'~ Cl ~ ~i75CTCi1Ci?~ ,. ... t > 3~51_*1] ~C~Lll~P:)I7S1~ C~llII~'~ 711Cj 1'Cc;~'>nS1b111T1C'~ C?1- CC1T]OL'~' L1:1tIC--~ IlI]L~ ]"t:=~UTISIDL1T7t.S 3T 3Il~ Tl)27t.. This Positit~n Description does not constitute a Contract of En~plo~-ment. Page 3 Y AGREEMENT FOR PUBLIC WORKS DIRECTOR SERVICES BETWEEN THE CITY OF ELK RIVER AND BDM CONSULTING ENGINEERS THIS AGREEMENT, effective the 10th day of July, 2007, by and between the C[TY OF ELK RIVER, a Minnesota municipal corporation ("City"? and BDM Consulting Engineers and Surveyors, a Minnesota LLP ("BDM ") . NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. BDM shall furnish and perform municipal public works director services to the City. The services provided shall include all of the Essential Functions listed on the attached City of Elk River Public Works Director Position Description ("Position Description") and other duties as assigned by the City Council and City Administrator. B. The services provided pursuant to this Agreement shall be performed in a manner and at a level of competence which is consistent with the qualifications set forth in the Position Description and the City's standards and requirements that apply to a City Department Head position. C. BDM shall assign its employee Terry Maurer to work exclusively and on a full time basis on this assignment. D. BDM shall be engaged as an independent contractor to the City and Mr. Maurer shall be a BDM employee, not a City employee. E. Mr. Maurer will work under the direction of the City Administrator. 1 $300,000.00 per claim with a $900,000.00 aggregate limit. 6. CANCELLATION. The Agreement may be canceled by either the City or BDM with or without cause upon ninety (90) days written notice. This Agreement may be canceled immediately by City, or upon such notice as City deems appropriate, if City determines that BDM has failed to .comply with any term of this Agreement. 7. SUBCONTRACTING ASSIGMENT. Mr. Maurer's services are the essence of this Agreement and BDM shall not subcontract for the performance of any of the services contemplated by Section 1 of this Agreement without the prior written approval of the City and subject to such conditions, provisions, and approval as the City may deem necessary. 8. Additional Services. BDM shall, in addition to Mr. Maurer's services, provide additional services as approved by and for the fees approved by the City Administrator or City Council. 9. COMMUNICATION PLAN AND PERFORMANCE REVIEW. Mr. Maurer agrees that he will meet upon request with the City Administrator and City Council to discuss public works issues. Mr. Maurer agrees to meet at least annually with the Elk River City Administrator or such other persons designated by the City Council to review the performance of his work under this Agreement. 10. Conflicts of interest. A. BDM shall not work for or represent any developers on projects in the City of Elk River. 3