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HomeMy WebLinkAboutReso 1997-0017 RESOLUTION NO. 97-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA APPOINTING JAMES DIPIETRO AS CITY MANAGER OF THE CITY EFFECTIVE DECEMBER 8, 1997; PROVIDING FOR CONTRACT WITH CITY MANAGER ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Sunny Isles Beach, Florida is vested with authority under Article 3, Section 3.1 ofthe Charter of the City of Sunny Isles Beach, to appoint a City Manager to be Chief Administrative Officer of the Village; and WHEREAS, a Request for Proposal was issued for that position and candidates were selected by the City Manager Search Committee and interviewed by the Mayor and the Commission members; and WHEREAS, the Mayor has nominated, and the City Commission wishes to confirm the appointment of James DiPietro as City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. That James DiPietro is appointed to serve as City Manager effective December 8, 1997. Section 2. That the terms and conditions of such appointment are set forth in the contract which is attached hereto as Exhibit "A" and are incorporated herein by reference. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED, this 16th day of October, 19 Attest: .... Res97.17 , . . "" ,~;,': <0(""- i\ - ~. " """~ " ,..,." ...~..-"'l ",f":,., \.\.)~..__...... "'.' , , l) r 1.\'"''' ' . Approved as to Form and Legal Sufficiency ~.~ L M. annhelsser City Attornev - J . . --, 4 ~ Moved by: (.,,6~~ "'~~ Second by: V'~ ~ ~,., Vote: Mayor Samson Vice Mayor Turetsky Commissioner Kauffman Commissioner Iglesias Commissioner Morrow MYes (.)f1 es (;ryes (-1Xes (.1Ves ()No ()No ()No ()No ()No Res97.!7 Exhibit A EMPLOYMENT AGREEMENT This Agreement (the or this "Agreement"), is made and entered into this _ day of October, 1997, between the City of Sunny Isles Beach, a Florida municipal corporation, (the "City") and James DiPietro ('''City Manager"). RECITALS: The Charter of the City of Sunny Isles Beach (the "Charter") establishes a City Manager form of government pursuant to which the City Manager is the Chief Administrative Officer of the City. The City wishes to employ the services of James DiPietro, as City Manager and James DiPietro wishes to accept this employment. The parties are entering into this Agreement for the purposes of establishing the basic terms and conditions of the relationship which will exist between the City Commission of the City (the "City Commission") and City Manager, The parties agree as follows: A. Terms of Employment 1. Employment. The City shall employ James DiPietro as City Manager to perform the duties and exercise the powers as prescribed in the City Charter and City Code and to perform such other legally permissible and proper duties and functions as are assigned by the City Commission from time to time. 2. Term. The term of employment shall commence and shall be effective as of December 8, 1997, and shall continue until terminated in accordance with Article 3.1 of The Charter by the City Commission or by the City Manager. The City Manager shall serve at the pleasure of the City Commission, in accordance with the Charter. 3. Salary. The initial salary of the City Manager shall be $92,000.00, per annum, payable in accordance with the regularly scheduled method of compensation instituted for other City employees and subject to adjustment in accordance with this Agreement. The adjustment in the 1998-99 fiscal year for the City Manager shall not exceed $3,000.00 ($95,000.00 total salary). Thereafter, the City Commission may, in its sole discretion, grant a merit salary increase and/or grant other benefits to the City Manager. 4. Performance Evaluation. The City may review and evaluate the performance of the City Manager at least once annually during the month of August. The evaluation shall be conducted using specific criteria developed jointly by the City Commission and the City Manager, including goals and performance objectives by the City Commission, as may be modified from time to time, in consultation with the Manager. Based on the results of this evaluation, the City Commission may, in its sole discretion and subject initially to paragraph A.3. hereinabove, grant a merit salary increase and/or grant other benefits to the City Manager. 5. Retirement Benefits. The City shall contribute into a retirement program chosen by the City Manager the sum of 10% of annual salary, excluding car allowance, and insurance benefits, paid monthly. In the event the City Manager desires to participate in the ICMA deferred compensation, or 401 program, the City agrees to execute all necessary documents and agreements provided by the ICMA Retirement Corporation and contribute into the ICMA deferred compensation program the sum provided herein on behalf of City Manager. 6. Carffelephone Allowance. The City shall provide City Manager with a $500.00/month car allowance. The City shall also provide the Manager with a portable telephone and a beeper. The City shall be responsible for payment of the phone, selected phone service(s) and billing associated with the use of the telephone for City purposes as substantiated by detailed billing charges. The Manager shall be responsible for the billing of personal calls, if any. 7. Insurance Benefits. A. Medical. Effective immediately upon commencement of the Manager's term, and if the Manager decides to remain with existing medical and dental coverage, the City shall pay the prorated cost of such coverage for the Manager, his spouse and his child(ren) provided that the Manager furnishes proof of such coverage. Thereafter, or, effective immediately upon the commencement of Manager's term, if he decides not to remain with his existing coverage, the City agrees to pay monthly premiums for medical and dental insurance coverage for the City Manager, his spouse and child(ren) in any health (medical and dental) plan as may be available to other employees, when adopted. B. Life. The City shall pay premiums for life insurance ($25,000.00 policy) coverage comparable to the coverage provided the City Manager at his City oflast employment. Ifhe decides to remain with his existing coverage, he shall receive an insurance allowance to cover said premi um( s) and shall furnish proof of such coverage. C. Disability, At such time as a disability plan is established for the city, the Manager shall be included in that coverage. 8. Vacation. Sick Leave and Holidays. A. Vacation. The City Manager shall accrue vacation time of 1.7 days per month (20.4 days per year) and shall begin his term of employment with two (2) days already earned, as of the date of employment, provided however, in no event, shall the Manager be entitled to receive compensation for more than 300 hours of accrued, unused vacation time upon termination of this agreement by either party. The Manager shall advise the Commission in advance ifhe plans to use EmpIoannt. wpcI -2- more than five (5) vacation days consecutively and, in no event, shall he do so prior to the first six (6) months of the term of this agreement. B. Sick Leave. The City Manager shall accrue sick leave at a rate of one (1) day per month ( 12 days per year) and shall begin his term with one ( 1 ) day of sick leave already earned, In no event, however, shall the Manger receive compensation for more than 300 hours of accrued, unused sick time upon termination of this agreement by either party. C. Holidays. The City Manager shall be entitled to such holidays as may be provided for all City employees as may be suggested by the Manager and subsequently approved and established by the Commission. In the interim, national holidays shall apply. 9. Professional Development. Subject to City policy, approval of the City Commission and State law, the City Commission agrees to budget and pay for the City Manager's reasonable professional dues and subscriptions necessary for his continuation as a member in national, state and local professional organizations. The City Manager shall not hold any office in any local, state or national professional association or organization during the first two years of this Agreement and not thereafter without the approval of the City Commission. 10. Travel. Subject to City policy, approval of the City Commission and State law, the City Commission agrees to pay the customary travel and subsistence expenses of City Manager for professional and official travel and meetings and for seminars adequate to continue the professional development of City Manager and to adequately pursue necessary official and other functions for the City. Such professional meetings may include the International City Management Association, the Florida City and County Management Association, the Dade City and County Management Association and Florida League of Cities, etc. B. Duties of the City Manager. 11. Performance. The City Manager shall perform the duties of City Manager of the City in accordance with the terms, conditions and provisions contained in this Agreement and the Charter in a professional and respectable fashion and with full decorum required of City Managers generally and as required by the standards and Code of Ethics of the International City Management Association. City Manager recognizes that the position of City Manager is not and cannot be an hourly-type employment and agrees to devote that amount of time and energy which is reasonably necessary for City Manager to fully perform the duties required under this Agreement. Thus, City Manager shall work as required in order to carry out his responsibilities. C. Termination and Resignation. 12. V oluntaIy Resi~ation. In the event that City Manager wishes to resign, he shall provide EmpIagmt."Jld -3- the City with two months advance written notice unless the parties otherwise agree in writing. In the event of resignation hereunder, severance pay as outlined below, shall not be payable. 13. Termination by the City and Severance Pay. A. In the event the City Commission wishes to terminate City Manager, it shall do so in accordance with Section 3,1 (b) of the Charter. B. In the event City Manager is terminated other than for cause, the City agrees to pay City Manager severance pay in an amount equal to a) six months' salary; b) any accrued vacation and sick leave benefits. All severance payments shall be paid to City Manager in lump sum upon termination, or, within thirty (30) days thereafter. Upon payment of severance pay pursuant to this paragraph, the City shall have no further financial obligation to City Manager, C. In the event that City Manager is terminated "for cause", which shall be defined as an act of fraud, dishonesty or conviction of any criminal act (except for minor traffic infractions), the City shall have no obligation to pay any severance pay as set forth in paragraph B above. D. Miscellaneous 14. Complete A~eement. It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and that the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 15. Amendment. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 16. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional illegal, invalid, or unenforceable, the remainder of this Agreement, or , portions thereof, shall not be affected and shall remain in full force and effect. 17. No Waiver. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. 18. Obligations Personal. The rights and obligations herein granted are personal in nature and cannot be transferred by the City Manager. EmploannL wpd -4- 19. Florida Law. This Agreement shall be governed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Dade County, Florida. IN WITNESS WHEREOF, the City of Sunny Isles Beach has caused this Agreement to be signed and executed in its behalfby its Mayor and duly attested by its City Clerk, and James DiPietro, as City Manager, has signed and executed this Agreement the day and year first above written. Attest: :J::i;-~W y Isles Beach Approved as to form and legal sufficiency: Lynn M. Dannheisser, City Attorney City Manager ~~ es DiPietro EmpIapmLwpd -5-