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HomeMy WebLinkAboutReso 2000-271 RESOLUTION NO. 2000 - -2Ji A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING PAYMENT FOR RELOCATION EXPENSES IN THE AMOUNT OF $11,984.65 (AS SET FORTH IN THE INVOICE ATTACHED HERETO AS EXHIBIT "B") IN ACCORDANCE WITH THE TERMS AND CONDITIONS EXHIBIT "A" OF RESOLUTION NO. 2000-209 WHICH REFLECTS THE APPOINTMENT OF THE CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 6, 2000, the City Commission approved by Resolution No. 2000- 209, which set forth the terms of the Manager's Employment Contract; and WHEREAS, the City Commission agreed, pursuant to Section 12 of said contract, to make payment for moving costs incurred in relocating from New York to Florida; and WHEREAS, the City has incurred approximately $11,984.65, in moving costs, which amount, pursuant to Ordinance 2000-101, requires approval by the City Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Authorization to Pay. The City Commission, in compliance with Ordinance No. 2000- 101, hereby authorizes payment for relocation expenses in the amount of $11,984.65 (as per invoice attached hereto as Exhibit "B") pursuant to the terms of the contract attached as Exhibit "A" of Resolution No. 2000-209. 2. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this ~y of ATTEST: .. .. ~". ". ""'1 ~ '\1..\\ :~ \~W. Ricliard Brown-Morilla, Clty Clerk Approval of Relocation Expenses Res. 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~I'.~. , ". M. Dannheisser, City Attorney VOTE: 5- D Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky Approval of Relocation Expenses Res. v V t/ t/ V Moved by. Seconded by: (Yes) (Yes) (Yes) (Yes) (Yes) 2 (No) (No) (No) (No) (No) ~ ~s,Van Lines INVOICE (REG) NO. HD-21791-0 PLEASE REMIT CHECKS ONLY TO: ATLAS VAN LINES, INC. @ INVOICE DATE 08/09/00 P.O. Box 75004 CHARLOTTE, NC 28275 JEAN WATSON, FINANCE DIR. CITY OF SUNNY ISLES BEACH 17070 COLLINS AVE.STE 250 SUNNY ISLES BEACH,FL33160 RECEIVED AUG 1 4 2000 city of 9unfly ... Belch RETURN ONE COPY OF INVOICE WITH REMiTTANCE DESCRIPTION OF SERVICES CHARGES BOOKER CODE: V. SANTINI, INC. (1777) 27 SOUTH 6TH AVENUE MOUNT VERNON NY 10550 I RE: HD-21791-0 CHRIS RUSSO (HOUSEHOLD GOODS) MOVING FROM: 14 JENNIFER LANE, RYE BROOK, NY 10573 MOVING TO: 3725 OAK RIDGE LANE, WESTON, FL 33331 TARIFF: 400M SEC: 3 MILES: 1279 NET WGT: 21070 TRANSPORTATION CHG ADTL TRNS CHG (ORIG) ADTL TRNS CHG (DEST) AUTO PICKUP TRK PLAYHOUSE CONTAINERS, PACKING & FUEL SURCHARGE 4% 58% BOTTOM LINE DISCOUNT VALUATION CHARGE 21040 LBS. 21040 LBS. @ 21040 LBS. @ 1 @ 1 @ UNPACKING (SEE 4.60 1.10 161.35 151.30 ITEMIZED LIST) 17243.00 967.84 231.44 161. 35 151.30 7657.70 689.72 -15719.36 483.00 75000 Approved for Payment . :': . _ ". ......,....a.;:,~...".". "-~~~:~. Account # 6/9- f- Sf IV ,'- Department Dir. Date:_ Finance Dir. AMOUNT DUE IF PAID BEFORE 08/23/00 EXTENDED CREDIT CHARGE GROSS AMOUNT DUE AFTER 08/23/00 11865.99 118.66 11984.65 PAYMENT IN U.S. FUNDS 'AYMENT LESS THAN THE FULL AMOUNT OF THIS ICE SHALL BE CONSIDERED PAYMENT IN FULL P.O, BOX 509 EVANSVILLE, IN. 4n03 "Y'r-I ~_II"'''Ir-_ In..,.,,\ ~"".. t"'Iol"\""'" SUPPORT DOCUMENTS ATTACHED DC 209015 REV, 7/98 RESOLUTION NO. 2000- W~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPOINTING CHRISTOPHER RUSSO AS CITY MANAGER OF THE CITY EFFECTIVE AUGUST 23, 2000 OR EARLIER, IF POSSIBLE, ON THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT 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 of the Charter of the City of Sunny Isles Beach, to appoint a City Manager to be Chief Administrative Officer ofthe City; and WHEREAS, Christopher Russo was the first candidate selected by the City Manager Search Committee in 1997 and was interviewed again by Mayor and the Commission members recently, as he became available for the position; and WHEREAS, the Mayor has nominated, and the City Commission wishes to confirm the appointment of Christopher Russo as City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS: Section!. Appointment of City Manager. Christopher Russo is appointed to serve as City Manager effective August 23, 2000 or earlier, if possible. Section 2. Terms and Conditions. The terms and conditions of such appointment are set forth in the contract which is attached hereto as Exhibit "A" and is incorporated herein by reference. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. ,^/J PASSED AND ADOPTED this 61h day of April, 2~ avid Samson, Mayor ATTEST: ~~J~~ Richard Brown-Morilla, City Clerk City Manager Appt. Res, 04/11/00 - 10:40 AM pwalker 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Moved by: V\T ~~ Seconded by: ~,~ ~~ VOTE: ~-o Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky '-""'" (Yes) V" (Yes) V (Yes) c/ (Yes) V (Yes) (No) (No) (No) (No) (No) City Manager Appt. Res, 03/28/00 - 3:10 PM pwalker 2 Employment Aqreement between City of Sunny Isles Beach and Christopher J. Russo Th!s agreement is made and entered into this L -f1- day of April, 2000, between the City of Sunny Isles Beach, Florida (herein after the "Ci~') and Christopher J. Russo (hereinafter the "Employee"), pursuant to the following terms and conditions ("Agreement"): A. Whereas, the City wishes to employ the services of Christopher J. Russo as the City Manager of the City of Sunny Isles Beach; and B. Whereas, Employee wishes to accept employment as City Manager of said City under terms and conditions, set forth herein. Now, therefore, in consideration of the mutual promises and covenants contained herein the City and Employee agree to the following: SECTION 1. DUTIES A. The City agrees to employ Christopher J. Russo as the City Manager of the City of Sunny Isles Beach to perform the duties and exercise powers as prescribed by the City Charter, and to perform such other legally permissible and proper duties and functions as assigned by the City Commission from time to time. B. 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/County 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 reasonable necessary for the City Manager to fully perform the duties required under this Agreement. Thus, the City Manager shall work as required in order to carry out his responsibilities. SECTION 2. TERM OF AGREEMENT A. The term of this agreement shall commence on August 23, 2000, subject to paragraph sixteen (16) herein below, and shall continue until terminated, in accordance with Article 3.1 of the Charter of the City of Sunny Isles Beach, by the City Commission or the City Manager. The City Manager shall serve at the pleasure of the City Commission. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Commission to terminate the services of Employee at any time, subject only to the provisions set forth in SECTION 11 of this Agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position of City Manager, subject only to the provisions set forth in SECTION 11 of this Agreement. D. Employee agrees to remain in the exclusive employ and neither to accept other employment nor to become employed by any other employer. The term "employed" shall not be construed to include occasional teaching, writing or military reserve 04/06/00 C: W indows/Personal/CJR/Sunny Agreement.Doc LMD:ch 4/6/00 --11:55 AM Cjr 04/06/00 service performed on employee's time off. However, the City Manager may be permitted to do consulting work with the approval of the City Commission. SECTION 3. SALARY A. The initial annual base salary of Employee shall be $125,000, which shall be payable in installments at the same time as other Employees of the City are paid. B. The City Commission agrees to evaluate the performance of the Employee to determine any adjustment in annual salary and/or benefits at least once annually, pursuant to the terms of this Agreement. Any adjustments in said annual salary and/or benefits should be based upon the results of the performance evaluation, within the sole discretion of the City Commission. SECTION 4. AUTOMOBILE ALLOWANCE The Employee requires the use of an automobile in the furtherance of his duties. The City shall pay Employee a monthly automobile allowance in the amount of $500.00 for use of his private automobile. The City shall purchase a three (3) year warranty for any maintenance and repair of the aforementioned vehicle or reimburse employee for maintenance and/or repairs during the three-year period, from the commencement of employment. SECTION 5. RETIREMENT/DEFERRED COMPENSATION A. The City shall contribute into a Retirement Program chosen by the Employee, a monthly contribution equivalent to 11 % of annual salary. B. If Employee desires to participate in the ICMA deferred compensation programs, the City agrees to execute all necessary documents or agreements provided by the ICMA Retirement Corporation and contribute into the ICMA deferred compensation programs on behalf of Employee at the level provided in paragraph (A) above. SECTION 6. LIFE INSURANCE AND DISABILITY INSURANCE The City shall pay the premiums for the Employee on the following: 1. $100,000 whole life insurance policy 2. $300,000 term life insurance policy 3. Disability policy equivalent to the amount of ahnual salary. SECTION 7. HEALTH-DENTAL AND VISION COVERAGE The City agrees to provide the Employee with full family coverage for Health, Hospitalization, Dental and Vision Care as may be provided to other employ~es or the City shall pay for the full premium for such coverage, unless employee elects to receive the equivalent dollar cost. 04/06/00 2 C: W indows/Personal/CJR/Swmy Agreement.Doc LMD:ch 4/6/00 --11 :55 AM Cjr 04/06/00 SECTION 8. HOUSING ALLOWANCE The City agrees to provide the Employee with an annual housing allowance of $12,000 payable on a monthly basis. SECTION 9. VACATION, PERSONAL LEAVE, SICK LEAVE AND HOLIDAYS Commencing upon the effective date of this agreement, Employee shall be accredited with 20.4 vacation days per year. Employee shall be accredited with 12 sick days per year. In the event of a long-term illness during the first year of employment, the City shall pay Employee salary for the period of time uncovered by sick leave, prior to any disability policy taking effect. Employee shall be entitled to holidays and personal days at the same rate as other Employees of the City. SECTION 10, PROFESSIONAL EXPENSES AND DEVELOPMENT A. Subject to City policy, State law, the City agrees to pay the reasonable professional expenses, dues and subscriptions of Employee necessary for conduct of City business and for his continuation and participation as a member in national, state, and local professional associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City. City Manager agrees not to hold any office in any local, state or national professional association or organization, during the first two (2) years of this agreement, without approval of the City Commission. B. Subject to City policy and applicable law, the City agrees to pay the travel and subsistence expenses of Employee for reasonable professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions of the City, including but not limited to the annual conference of the Florida City and County Manager's Association (FCCMA) and the International City/County Management Association (ICMA). SECTION 11. TERMINATION AND SEVERANCE A. In the event that the City terminates the Employee, and the Employee is willing and able to perform his duties under this agreement, the City agrees to pay the Employee and adhere to the terms of this agreement for a minimum period of six months beyond any accumulated vacation time. B. In the event that the Employee Voluntarily resigns his position, the Employee shall give the City two months notice in advance, unless the parties otherwise agree in writing. In the event of resignation, severance pay as outlined above shall not be payable. C. In the event that the 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 grant severance pay. 04/06/00 3 C: WindowsfPersonal/CJRJSunny Agreement.Doc LMD:ch 4/6/00 --11 :55 AM Cjr 04/06/00 SECTION 12. RELOCATION EXPENSES The City shall directly payor reimburse the Employee for moving costs incurred in relocation of his family to a community within commuting distance of Sunny Isles Beach, including up to four (4) two-way airplane trips from New York to Sunny Isles Beach, as necessary. SECTION 13. OTHER CUSTOMARY BENEFITS The City shall afford the Employee the right to participate in any other benefits or working conditions as provided for the Administrative and Management Employees of the City. SECTION 14. INDEMNIFICATION A. The City shall defend, save harmless and indemnify the Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in connection with the performance of the Employees duties as City Manager. The City, or its insurance carrier, will payor settle any such claim or suit or judgment rendered thereon. SECTION 15. BONDING The City shall bear the cost of any fidelity or other bonds required of the Employee under any law or the City Charter. SECTION 16. COMMENCEMENT DATE The Employee's start date shall commence no later than August 23, 2000 unless otherwise mutually agreed between the parties. The Employee shall make a good faith effort to advance the start date preferably to July 31,2000, but any such advanced start date will depend on the Employee making arrangements with his current employer, satisfactory to the Employee, to facilitate an earlier start date. SECTION 17. MISCELLANEOUS A. Complete Aqreement. 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. B. 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. C. 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. 04/06/00 4 C: W indowslPersonal/CJR/Sunny Agreement.Doc LMD:ch 4/6/00--11:55 AM Cjr 04/06/00 D. 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. E. Obliqations Personal. The rights and obligations herein granted are personal in nature and cannot be transferred by the City Manager. F. 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. CITY OF SUNNY ISLES BEACH BY ITS CIT COMMISSION DATE ATTEST: 'Kf41 ~~Li&\ RICHARD BROWN-MORlllA CITY CLERK /;z~ /Vy ~~~ ~/~ CHRISTOPHER J. RUSSO APPROVED AS TO FORM AND lEGAL SUFFICIENCY: <." , . , M. I:) NNHEfssER AI~vRN~y.r~"c-""'" -\ ! I. '''r.I \'t~ { _', ',', ; \~ __':'~" ~2~t"-'::~'\~;,t'~:;;~~"~4t .::' .',. "1\ ...'.v.'.., r.,_;.:~._.>.~ _~"""1 04/06/00 ;:?~:o.~~,'f 1.1 ,-:,,:,' 5 c: W indows/Per~onij1iqJV~tipn'y Agreement.Doc LMD:ch 4/6/00';~11:55 AM " Cjr 04/06/00