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HomeMy WebLinkAboutReso 2003-564 RESOLUTION NO. 03-~ t./ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT ATTACHED AS EXHIBIT "A" FOR LYNN M. DANNHEISSER, AS CITY ATTORNEY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission appointed Lynn M. Dannheisser on August 8, 1997 in accordance with the Charter of the City .of Sunny Isles Beach, to appoint a City Attorney to be chief legal counsel of the City; and WHEREAS, Lynn M. Dannheisser has served the City well and the City wishes to retain her as City Attorney under the terms and conditions of a formal contract in the same manner as the City Manager; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS: Sectionl. Ratification of Contract. The City Commission hereby ratifies the terms and conditions of continued employment as set forth in the Contract attached hereto as Exhibit "A" for Lynn M. Dannheisser as City Attorney. Section 2. Terms and Conditions. The terms and conditions of such continued employment are set forth in the contract which is attached hereto as Exhibit "A" and is incorporated herein by reference. Section 3. adoption. Effective Date. This Resolution shall take effect immediately upon PASSED and ADOPTED this 19th day of June, 2003. ATTEST: . ~,)~~.:~ Jane A. Hines, Acting City Clerk City Manager Continued Employment Res. 06/16/03 - 10:48 AM 1 APPROVED AS TO FORM AND L GAL SUFFICIENCY Moved by: Vl ~ (YVutl)y~~l.CU P Seconded by: GmmK~'{) V<t.p (~()t))11AN VOTE: S-.o Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman V (Yes) V (Yes) ~ (Yes) v (Yes) V (Yes) (No) (No) (No) (No) (No) City Manager Continued Employment Res. 06/16/03 - 10:48 AM 2 -II = Emplovment Aareement between City of Sunny Isles Beach and Lvnn M. Dannheisser This agreement is made and entered into this (~~ day of June, 2003, between the City of Sunny Isles Beach, Florida (herein after the "City") and Lynn M. Dannheisser (hereinafter the "Employee"), pursuant to the following terms and conditions ("Agreement"): A. Whereas, the City wishes to continue the employment of the services of Lynn M. Dannheisser as the City Attorney of the City of Sunny Isles Beach; and B. Whereas, Employee wishes to accept continued employment as City Attorney 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 continue the employment of Lynn M. Dannheisser as the City Attorney 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 Attorney shall perform the duties of City Attorney 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 Attorneys generally and as required by the Rules Regulating The Florida Bar and the Guidelines for Professional Conduct. The Employee recognizes that the position of City Attorney is not, and cannot be, a nine- to- five employment position and, while it is agreed and understood that the City Attorney shall attempt to perform all work on three (3) designated days per week, preferably Monday, Tuesday and Thursday, as .consideration of her continued employment, she nevertheless agrees to devote the time and energy, which is reasonably necessary to perform the duties required under this Agreement, carry out her responsibilities regardless of designated days, and she shall use her best efforts to be available whenever a legal emergency arises. SECTION 2. TERM OF AGREEMENT A. The term of this agreement shall be effective immediately (except where specifically indicated otherwise) and shall continue until terminated, or otherwise amended from time-to-time, by the City Commission. The City Attorney 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 Attorney, subject only to the provisions set forth in SECTION 11 of this Agreement. A:/City Attorney's Employment Agreement LMD:ch 6/16/03 --11:38 AM . , 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 teaching, writing, consulting, or military reserve service performed on employee's time off. SECTION 3. SALARY A. Effective October 1, 2003, the annual base salary of Employee shall be increased to $167,656.00, 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 In lieu of the automobile allowance previously allotted to the City Attorney, the City shall provide Employee a City-owned vehicle and shall insure, maintain and repair that vehicle provided however that when the employee uses the vehicle for her own personal use, she shall reimburse the City for fuel costs. SECTION 5. RETIREMENT/DEFERRED COMPENSATION A. The City shall continue to contribute into a Retirement Program chosen by the Employee. a monthly contribution equivalent to 12% 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 continue to 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 annual salary. SECTION 7. HEALTH-DENTAL AND VISION COVERAGE The City agrees to continue to provide the Employee with full family coverage for Health, Hospitalization, Dental and Vision Care, as may be provided to other employees, or, the City shall pay for the full premium for such coverage, unless employee elects to receive the equivalent dollar cost. A:/City Attorney's Employment Agreement 2 LMD:ch 6/16/03 --11:38 AM > l SECTION 8. HOUSING ALLOWANCE The City agrees to provide the Employee with an annual housing allowance of $13,000 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 4 weeks 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, subscriptions travel and seminar fees required by The Florida Bar to maintain the Florida Bar license in active status and to continue professional development or adequately pursue necessary official and other functions of the City, including, but not limited to, Local Government Lawyers' seminars and the Florida Municipal Attorneys Association Seminar. SECTION 11. TERMINATION AND SEVERANCE A. In the event that the City terminates the Employee, and the Employee is willing and able to perform her duties under this agreement, the City agrees to pay the Employee and adhere to the terms of this agreement for a minimum period of 9 months beyond any accumulated vacation time. B. In the event that the Employee Voluntarily resigns her 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 Attorney 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. SECTION 12. 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 13. 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 Attorney. The City, or its insurance carrier, will payor settle any such claim or suit or judgment rendered thereon. A:/City Attorney's Employment Agreement 3 LMD:ch 6/16/03 --11 :38 AM , . SECTION 14. MISCELLANEOUS A. Complete Agreement.:, 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. 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. C. 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. D. Obligations Personal. The rights and obligations herein granted are personal in nature and cannot be transferred by the City Attorney. E. 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. LYNN M. DANNHEISSER ~~~~ ::rs 7 .~~~ WITNESS cflkO~ ~~N~ "WI NESS t a..M......-r~ W~ WITNESS DATE to/1O,/03 I I DATE (" J ,q I D3 I I A:/City Attorney's Employment Agreement 4 LMD:ch 6/16/03 --11:38 AM , . C?> ATTEST:' , ..'............-..............L.... ~A; · , CI < 'CLE~K ' .:' ..-~ A:/City Attorney's Employment Agreement 5 LMD:ch 6/16/03 --11:38 AM