HomeMy WebLinkAboutReso 2021-3270RESOLUTION NO. 2021- Z
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RATIFYING THE CONSULTANT AGREEMENT WITH CHRISTOPHER J.
RUSSO TO PROVIDE THE CITY WITH PROFESSIONAL SERVICES, AND A GENERAL
ACKNOWLEDGMENT, WAIVER, AND RELEASE AGREEMENT; PROVIDING THE
CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Christopher J. Russo, was employed by City for the last nine (9) years as the
City Manager; and
WHEREAS, Christopher J. Russo was terminated from his employment with the City
effective December 1, 2021; and
WHEREAS, during his tenure, Christopher J. Russo gained extensive knowledge of the
City's administrative operations and current capital improvement projects; and
WHEREAS, the City wishes to retain Christopher J. Russo's services on an as needed
basis throughout the term of a Consultant Agreement, as more particularly set forth in Exhibit
"A"; a n d
WHEREAS, the former City Manager, Christopher J. Russo, is able and willing to provide
these services during a six (6) month period; and
WHEREAS, the City Commission hereby ratifies the approval of the Consultant
Agreement and the General Acknowledgement, Wavier and Release Agreement with
Christopher J. Russo to provide professional services for a period of up to six (6) months,
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifying the Approval of Consultant and General Acknowledgement, Wavier and
Release Agreements. The City Commission hereby ratifies the approval of the Consultant and
General Acknowledgement, Wavier and Release Agreements with Christopher J. Russo to
provide professional services for a period not to exceed six (6) months, attached hereto as
Exhibit "A".
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
82021 Russo Consulting Agreement
PASSED AND ADOPTED this 6th day of December 2021.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
fzkv)ad� it 4
Edward A. Dion, City Attorney
Moved by: c Seconded by: Uc
S S7` 0
Vote:
Mayor Goldman (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Lama 7 (Yes) (No)
Commissioner Rabinovich (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
R2021 Russo Consulting Agreement
GENERAL ACKNOWLEDGMENT. WAIVER. AND RELEASE AGREEMENT
THIS GENERAL ACKNOWLEDGEMENT, WAIVER, AND RELEASE
AGREEMENT made this 1 ` V� day of 5e--- X; ` 2021, by and between
CHRISTOPHER J. RUSSO (hereinafter referred to as "Employee"), and the CITY OF SUNNY
ISLES BEACH, including its respective current and former city commissioners, employees,
attorneys, agents, representatives, and officials (all in their official and individual capacities), as
well as their heirs, executors, administrators, predecessors, successors (hereinafter referred as to the
"City"), is attached to and made a part of the Consultant Agreement between the parties.
WHEREAS, Employee is employed by the City as the City Manager on a contractual basis
as evidenced by Employee's contract dated July 19, 2012; and
WHEREAS, Employee was terminated effective December 1, 2021, and the parties to this
Agreement desire to enter into an agreement in order to settle all issues including benefits to
Employee as a result of his separation from employment with the City.
NOW, THEREFORE, for good and valuable consideration, receipt of which is
hereby acknowledged, the City and Employee agree as follows:
1. Termination from Emploent. Effective on December 1, 2021, Employee's
employment with the City is terminated.
2. Consideration. In consideration for Employee's waiver and release of all claims
against the City, the City understands and agrees that Employee shall remain as a Consultant for the
City until May 31, 2022, pursuant to the Consultant Agreement incorporated herein by reference,
and the City has agreed to provide Employee the following as severance compensation and
compensation for consultant services as more particularly set forth below:
a. The City shall pay Employee his regular compensation subject to applicable taxes in
the same manner paid to regular employees for a period commencing December 1,
2021 and ending May 31, 2022;
b. The City shall pay Employee for accrued vacation hours earned up to the time of
resignation pursuant to the policies of the City, subject to applicable tax. The City
shall also pay Employee for his accrued sick leave hours earned up to December 1,
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Chrif op er J. Russo City
2021, pursuant to the policies of the City, subject to applicable taxes. Vacation and
Sick leave hours shall be paid in lump sum no later than a week after approval of this
Agreement by the City Commission;
c. The City shall permit the Employee to keep his current 2013 Dodge Durango City
issued vehicle as of December 1, 2021. As such, the City shall take all necessary
steps to transfer the title of the vehicle to Employee. Upon the transfer of title of the
vehicle, the Employee shall be responsible for all costs associated with the vehicle.
Severance compensation herein is limited to the applicable amount allowable under state law (to
wit, 20 weeks), all other compensation is for the consultant services and resolution of any and all
potential claims as described below. Employee shall not receive any other compensation or benefits
except for the compensation and benefits set forth above.
3. Full and General Waiver of All Rights and Claims. Employee hereby knowingly and
voluntarily releases, waives, and forever discharges any and all claims, rights, demands, actions, or
causes of action, of any kind whatsoever, known or unknown, foreseen or unforeseen, foreseeable
or unforeseeable, and any consequences thereof, which he has or may have against the City from
the beginning of the world until the date of execution of this Agreement, including, but not
limited to, any claim(s) under:
The City Charter, Code, and /or any other applicable City
policy or practice; Title VII of the Civil Rights Act of 1964;
Act of 1992; Sections 1981 through 1988 of Title 42 of the
United States Code; The Constitutions of the United States
and the State of Florida; The Age Discrimination in
Employment Act; The Older Workers Benefit Protection Act;
Florida Wage and Hour laws; Florida and federal
whistleblower laws, including § 112.3 187, Florida Statutes;
the Internal Revenue Code; The Rehabilitation Act; The
Consolidated Omnibus Budget Reconciliation Act; The
Immigration Reform and Control Act of 1986; The
Americans with Disabilities Act of 1990; The Fair Labor
Standards Act; The Equal Pay Act of 1963; The Family and
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Chri oph r I Russo City
Medical Leave Act of 1993; COBRA.; GINA; USERRA; The
Florida Civil Rights Act; Chapter 440, Florida Statutes;
Chapter 448, Florida Statutes; Chapter 447, Florida Statutes;
or Any other federal, state, or local civil or human rights law
or local law, regulation, or ordinance.
Employee also acknowledges and agrees that this release and waiver bars any claim or demand
for damages, costs, fees, or other expenses, including attorneys' fees, incurred in connection
with Employee's employment with the City, his separation from that employment, or
with any of the above -referenced claims. Employee understands and agrees that the claims to
which Employee is waiving by entering into this Agreement includes a waiver of the right to
recover money or other relief in any action he might institute, and also Employee's waiver of any
right to recover money or any other relief whatsoever in any action that might be brought on
Employee's behalf by any other person or entity, including but not limited to, the United States
Equal Employment Opportunity Commission or any other federal, state or local government
agency or department. Employee understands that the foregoing list of causes of action which
have been waived is meant to be illustrative rather than exhaustive and understands and
acknowledges that he is waiving and releasing the City from any and all causes of action of any
nature whatsoever. It is Employee's intention to fully, finally and forever resolve and release any
and all disputes Employee may have or believe himself to have against the City with respect to any
alleged acts occurring before the effective date of this Agreement, whether those disputes presently
are known or unknown, suspected or unsuspected.
4. No Pending Lawsuits, Claims or Charges and Covenant Not to Sue. Employee
represents that he does not have any charges or claims pending against the City with any
federal, state, or local agency or department and does not have pending before any court any
dispute of any kind against the City. Employee further represents and agrees that Employee
will not hereinafter pursue, initiate, or cause to be instituted any dispute released herein against
the City, and represents that Employee has not heretofore assigned or transferred, or purported
to have assigned or transferred, to any entity or person, any dispute released by him herein.
If it is determined that Employee has any lawsuit, charge or claim of any kind pending against
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Christopher I Russo City
the City, he agrees to dismiss all such charges, claims and/or lawsuits with prejudice, immediately
upon the effective date of this Agreement.
5. Adequacy of Consideration. The City and Employee agree and acknowledge that the
consideration set forth in paragraph 2 of this Agreement constitutes good, valuable and sufficient
consideration upon which both City and Employee have upon as a substantial inducement to enter
into this Agreement, subject to the terms, conditions and covenants expressed herein, including
Employee's full waiver and release of all claims against the City. Employee acknowledges and
agrees that, should he elect not to sign this Agreement, his separation from employment with the
City will be effective as of November 30, 2021, and further, Employee will be paid out for his
accrued leave following said separation date in accordance with the City's policies and the
Employee's Contract dated July 19, 2012.
6. Property of the City. Employee agrees that he will return to the City property
including but not limited to identification card, keys, computers or laptop, and other electronic
data instruments, all documents, confidential records, Employee information, financial
information, plans,. projections, data, formula, specification, and equipment owned by the City
prior to the receipt of any compensation under this Agreement. All property, records, files, data
Employee information, drawings, documents, models, equipment, and the like relating to the
businesses of the City, which Employee has used, prepared or came in -contact with during his
employment by the City, shall be and remain the sole property of the City and shall not be removed
from the premises of the City without its written consent.
7. Time to Consider Signing A egr ement. Employee acknowledges that he has been
given a reasonable period of time of not less than twenty-one (21) days within which to decide
whether to sign this Agreement. Employee understands and agrees that any changes or
amendments to this Agreement, whether material or not, will not re -start the twenty-one (21)
day period. EMPLOYEE understands and agrees that he can use all or any part of the twenty-one
(21) day period to decide whether to sign this Agreement or agrees to waive this provision.
EMPLOYEE further acknowledges that he has, in fact, taken a reasonable period of time to
consider this Agreement.
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Christophe l Russo City
8. Seven (7) Day Period to Revoke. Employee understands that he can revoke this
Agreement within seven (7) calendar days after he signs it. Any revocation within this period
must be in writing and must be delivered to City Attorney Edward A. Dion, Esq., by 5:00 p.m.
on the seventh (7) day following Employee's execution of the Agreement. Employee
understands and agrees that this Agreement will become null and void in the event that
Employee revokes this Agreement. Any revocation of this Agreement shall cause the
termination of the Consultant Agreement.
9. Effective Date. This Agreement will become effective upon the execution of this
Agreement by Employee and the expiration of the seven (7) day revocation period has expired, if
Employee has not revoked this Agreement, this Agreement shall be binding upon the parties.
10. Non -Admission of Wrongdoing and Recommendation. The parties agree that
neither this Agreement nor the furnishing of any consideration under this Agreement shall be
construed or interpreted as an admission by either parry of any wrongdoing, liability or
unlawful conduct. In fact, both the City and Employee respectively expressly deny any
wrongdoing or liability to the other. The City Manager's office agrees that if it is contacted by
a prospective employer of Employee, it shall provide the prospective employer with a positive
recommendation. The elected officials further agree that if they are contacted by a prospective
employer of Employee, they shall either provide the prospective employer with a positive
recommendation, or reserve the right not to provide any recommendation.
11. Consequences of Breach. Employee agrees that if he breaches any of the
promises set forth in this Agreement, Employee will be deemed to have forfeited any and all
consideration given to him under this Agreement by the City.
12. Venue. The parties agree that if any litigation arises regarding a breach and/or the
interpretation or enforcement of this Agreement, such litigation shall be in Miami -Dade County,
Florida.
13. Governing Law and Severability. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida. If any provision of this
Agreement is declared illegal or unenforceable by any court of competent jurisdiction and if
it cannot be modified to be enforceable, such provision shall immediately become null and
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Chriopher J. Russo City
void, leaving the remainder of this Agreement in full force and effect. The language of this
Agreement shall be construed as a whole, according to its fair meaning, and not strictly
construed for or against either parry.
14. Entire Agreement. This Agreement together with the Consultant Agreement sets
forth the entire agreement between the parties and shall supersede any and all prior agreements,
understandings, whether written or oral, between the parties, except as otherwise specified in
this Agreement. Employee acknowledges that he has not relied on any representations,
promises, or agreements of any kind made to him in connection with Employee's decision to
sign this Agreement except for those set forth in this Agreement.
15. Amendment. This Agreement may not be amended except by written
agreement signed by all parties.
16. Headings. Section headings are used herein for convenience of reference only
and shall not affect the meaning of any provision of this Agreement.
17. Acknowledgment. Employee acknowledges that he has carefully read and
understands this Agreement consisting of seven (7) pages and agrees that the City has not
made any representations other than those contained herein. Employee also acknowledges
that he enters into this Agreement voluntarily, without any pressure or coercion and with full
knowledge of its significance, and this Agreement constitutes a full and absolute settlement
and bar as to any and all claim s he had, has, or may have against the City. Employee
acknowledges that he was advised to consult with an attorney before signing this Agreement
and that he has either consulted with an attorney or has decided not to consult with an
attorney.
THE PARTIES HAVE READ UNDERSTOOD, AND FULLY CONSIDERED THIS
AGREEMENT AND ARE MUTUALLY DESIROUS OF ENTERING INTO THE
AGREEMENT. THE TERMS OF THIS AGREEMENT ARE THE PRODUCT OF
MUTUAL NEGOTIATION AND COMPROMISE BETWEEN THE CITY AND
CHRISTOPHER J. RUSSO HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO
FULFILL THE PROMISES SET FORTH HEREIN, AND TO RECEIVE THE BENEFITS SET
FORTH ABOVE, THE PARTIES FREELY AND KNOWINGLY, AND AFTER DUE
CONSIDERATION, ENTER INTO THIS AGREEMENT INTENDING TO RELEASE, WAIVE,
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Chri oph r J. Russo City
AND SETTLE ALL CLAIMS THEY HAD OR MIGHT NOW HAVE AGAINST EACHOTHER
FROM THE BEGINNING OF TIME UNTIL THE EFFECTIVE DATE OF THIS
AGREEMENT.
IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this
Agreement as of the date set forth below.
Christopher L Russo
City of Sunny Isles Beach, Florida
B: B
Y Y:
Dana Robin Goldman, Mayor
Date: L °ice z Z*Z
Date:
Approval As To 1 Form And Sufficiency:
By: � ) '— —
"dward A. Dion, City Attorney
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Chris5ophefJ. Russo City
CONSULTANT AGREEMENT