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HomeMy WebLinkAboutReso 2003-565 . >.-' '1!7 RESOLUTION NO. 03-~S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE TERMS AND CONDITIONS SET FORTH IN THE AMENDED CONTRACT ATTACHED AS EXHIBIT "A" FOR CHRISTOPHER J. RUSSO, AS CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Sunny Isles Beach, Florida appointed Christopher J. Russo as City Manager to be Chief Administrative Officer of the City; and WHEREAS, Christopher Russo has done a commendable job since his commencement on August 23, 2000, and the City wishes to retain him as 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 Christopher J. Russo as City Manager. 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: . '. . . '- ~,.~~ . JaneA. Hines; Acting City ,Clerk City Manager Continued Employment Res. 06/12/03 - 6:51 PM 1 . (\' . (; ,~ APPROVED AS TO FORM AND L~GAL SUFFICIENCY , ......./' 'aM~eiSS: cii). Attorney VOTE: S-b Mayor Samson Vice Mayor Ede1cup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman City Manager Continued Employment Res. 06112103 - 6:47 PM t:: V V/ V Moved by: V \ <:.t (Y\c!Ml\v ~~ LC.U P \ r. Seconded by: G\'Y\Yr\l<~loo~~_~~mfl1J (Yes) (Yes) (Yes) (Yes) (Yes) (No) (No) (No) (No) (No) 2 , ,. <r ; Employment Aoreement between City of Sunny Isles Beach and Christopher J. Russo This agreement is made and entered into this J ~ day of June, 2003, between the City of Sunny Isles Beach, Florida (herein after the uCity") and Christopher J. Russo (hereinafter the UEmployee"), pursuant to the following terms and conditions rAgreement"): A. Whereas, the City wishes to continue the employment of the services of Christopher J. Russo as the City Manager of the City of Sunny Isles Beach; and B. Whereas, Employee wishes to accept continued_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 continue employing 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 be effective immediately upon approval by Commission, except where specifically otherwise indicated, 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 Uemployed" Manager's Amended Employment Agreement A:/ch 6116/2003 -- 10:44 AM , T" .' shall not be construed to include occasional 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 $156,000 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 The Employee requires the use of an automobile in the furtherance of his duties. The City shall provide Employee a City-owned vehicle and shall insure, maintain and repair that vehicle provided however that when employee uses the vehicle for his own personal use he shall pay for his own fuel costs. SECTION 5. RETIREMENT/DEFERRED COMPENSATION A. The City shall 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 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. Manager's Amended Employment Agreement 2 A:/ch 6/16/2003 -- 10:44 AM . . SECTION 8. HOUSING ALLOWANCE Effective immediately, the City agrees to provide the Employee with an annual housing allowance of $18,000 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 21 vacation days per year and 8 personal days. 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 I prior to any disability policy taking effect. Employee shall be entitled to holidays at the same rate as .other EmployeesoUhe City~ SECTION 10. PROFESSIONAL EXPENSES AND DEVELOPMENT Subject to City policy, State law, the City agrees to pay the reasonable professional expenses ($500.00 per month for business expenses), and dues and subscriptions of Employee necessary 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. 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 9 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. Manager's Amended Employment Agreement 3 A:/ch 6/16/2003 - 10:44 AM I -:1 o 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 I 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 14. 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 15. MISCELLANEOUS A. Comolete Aareement. 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. Manager's Amended Employment Agreement 4 A:/ch 6/16/2003 -- 10:44 AM . . " . . ~ D. Obliaations Personal. The rights and obligations herein granted are personal in nature and cannot be transferred by the City Manager. E. Florida Law. This Agreement shall be govemed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Dade County, Florida. CHRISTOPHER J. RUSSO ~r. ~~/L ~...:Q(b,LU~ w~<(W WITNESS ~~~ WITNESS DATE to !lq I D 3 DATE ~ Jtq /03 t ATTEST- ~.. ~ . ''''"~",,,'<:.. ~ .' ," .' . '; '. .- . .' city CLERK ' ,,0 . Manager's Amended Employment Agreement 5 A:/ch 6/16/2003 - 10:44 AM