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HomeMy WebLinkAboutReso 2005-875 RESOLUTION NO. 2005- ~ '1 S' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ANTHONY J. SZERLAG FOR THE POSITION OF CITY MANAGER OF THE CITY OF SUNNY ISLES BEACH, PROVIDED SAID AGREEMENT IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY AND RATIFIED BY THE CITY COMMISSION AT THE NEXT COMMISSION MEETING; FURTHER PROVIDING THE MAYOR AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 3, Section 3.1 of the City of Sunny Isles Beach Municipal Charter provides that there shall be a City Manager who shall be the Chief Administrative Officer of the City; and WHEREAS, Section 3.1 further provides that the City Manager shall be nominated by the Mayor' and confirmed at the next City Commission meeting by a majority of the City Commission, to include the Mayor, for an indefinite term; and WHEREAS, after due consideration and a formalized search process the Mayor has nominated Anthony J. SzerIag for the position of City Manager of the City of Sunny Isles Beach; and WHEREAS, the Mayor now seeks the authority to negotiate and execute an Agreement with the nominee, provided said Agreement is approved as to form and legal sufficiency by the City Attorney and ratified by the City Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS: Sectionl. Authorization of Mayor. The Mayor is hereby authorized to negotiate and execute an agreement with Anthony J. Szerlag for the position of City Manager, provided said Agreement is approved as to legal form and sufficiency by the City Attorney first. Section 2. Confirmation of Nomination and Ratification of Agreement. The Mayor's nomination and the negotiated, executed Agreement will be presented to the City Commission for confirmation and ratification at the next Commission Meeting. R2005-City Manager Agrmt Negotiation Page 1 of 2 Section 3. Further Authorization of the Mavor. The Mayor and the City Attorney are further authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 20th day of December 2005. ATTEST: ~.:..QQ... ~~ ~ Jane A. Hines, City Clerk Moved by: \J\c.L. MCl10t. ~(e..2.\V\ Seconded by: C.OHH,~s;ot'\er (boocb--tqJ\ Vote: Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler JeYes) ~(Yes) V (Yes) -V(Yes) -vr(Yes) _(No) _(No) (No) _(No) _(No) ..., l;" "," r...... ,~1\ .'\io'~' '"" f ,.. t 1Io~ ""'.1 ,/, .. /. ~' '-;','1, ('. \ ~ " ,-" .J ,'~" .r roo ,,') , ..... I'~" \,a ' i_ -~, . J.....:,t~ . :.,.." ~ ~'1"""____ ~ ;); ,,( - ~~ '.; \ . . -< . ~". .' f, ~.. ..' Iil' (l ~ -"i'- C ' R2005-City Manager Agnnt Negotiation Page 2 of 2 EMPLOYMENT AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH AND ANTHONY J. SZERLAG This agreement is made and entered into this ~cJ't'day of [)et1e.rr,beY; 2005, between the City of Sunny Isles Beach, Florida (hereinafter the "City") and Anthony 1. Szerlag (hereinafter the "Employee"), pursuant to the following terms and conditions ("Agreement"): Whereas, the City wishes to employ the services of Employee as the City Manager of the City of Sunny Isles Beach; and 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 agrees to the following: SECTION 1. DUTIES A. The City agrees to employ Employee 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 Employee shall perform the duties of the 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. The Employee 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 Employee 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 upon execution (except Employee shall commence employment as City Manager on March 13, 2006), and shall continue until terminated, or otherwise amended from time-to-time, by the City Commission. The City Manager shall serve at the pleasure of the City Commission. In the event the Employee is required to travel to City to conduct business for the City prior to the commencement dated, the City shall reimburse Employees for travel and business expenses. Pagelof5 Agreements & CC:\Documcnts and ScttingslSzcrlagAJ\Local Settings\Temporary Internet Files\OLK2\Employment Agreement - CITY MANAGER.doc SIB B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Commission to terminate the services of the Employee at any time, subject only to the provisions set forth in SECTION 10 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 10 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. Notwithstanding anything to the contrary, the term "employed," however, shall not be construed to include teaching, writing, consulting, or military reserve service performed on employee's time off. SECTION 3. SALARY A. The initial annual base salary of Employee shall be One Hundred and Seventy- Six thousand dollars ($176,000.00) which shall be payable in installments at the same time as other Employees of the City are paid. The employee may receive periodic merit increases as determined by the City Commission in its reasonable discretion; provided, however, Employee shall receive an automatic yearly cost of living adjustment in the amount of three percent (3%) of his annual salary on the date of execution of this contract. B. The City Commission may 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 andlor benefits should be based upon the results of the performance evaluation, within the sole discretion of the City Commission. Nothing in this paragraph shall require the City to increase the base salary or other benefits of the Employee. SECTION 4. AUTOMOBILE AND COMMUNICATION EQUIPMENT A. 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. B. of the City. The City shall provide the Employee with a cell phone as provided to other employees SECTION 5. RETIREMENT/DEFERRED COMPENSATION A. The City shall contribute into a Retirement Program, chosen by the Employee, at the same rate provided to similarly situated employees if Employee joins the Florida State Retirement Page 2 of5 Agreements & CC:IDocuments and ScttingslSzcrlagAJILocal SettingslTcmporary Intemet FJieslOLK21Employment Agreement - CITY MANAGER.doc SIB System or a monthly contribution equivalent to 12 % of annual salary if Employee participates in ICMA 401 Plan. 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. $ 1 00,000.00 whole life insurance policy 2. $300,000.00 term life insurance policy 3. Disability policy equivalent to the amount of annual salary. SECTION 7. HEALTH-DENTAL AND VISION COVERAGE Effective upon commencement of Employee's employment with the City, 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 of the City, unless Employee elects to receive the equivalent dollar cost. SECTION 8. VACATION, PERSONAL LEAVE, SICK LEAVE AND HOLIDAYS Commencing upon the effective date of this agreement, Employee shall be accredited with four (4) weeks vacation days per year. Employee shall be accredited with twelve (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 9. PROFESSIONAL EXPENSES AND DEVELOPMENT Subject to City policy, State law, the City agrees to pay the reasonable professional expenses, dues, 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. The Employee agrees not to hold any office in any local, state or national professional association or organization, during the first (2) years of this agreement, without approval of the City Commission. Page 3 of5 Agreements & CC:IDocuments and SettingslSzerlagAJILocal SettingslTemporary Intemet FileslOLK21Employment Agreement - CITY MANAGER.doc S B SECTION 10. 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 nine (9) months beyond any accumulated vacation or sick 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 City has requested that the resignation be effective immediately. 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. SECTION 11. RELOCATION EXPENSES If applicable, the City shall reimburse the Employee for moving costs incurred in relocation of his family to the South Florida area. Relocation expenses shall not exceed $15,000.00. The employee shall provide receipts to the City for the reimbursement of moving expenses. 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 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 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. COMMUNITY INVOLVEMENT The City recognizes the desirability of representation in and before the local civic and other organizations, and encourages the Employee to participate in these organizations to foster a continuing awareness of the City's activities as well as the community's attitudes and ideas. Page 4 of5 Agreements & CC:\Documellts and Settillgs\SzerlagAJILocal Settings\Temporary Intemet Files\OLK2\Employment Agreement - CITY MANAGER.doc g"t I B ~) r. ~' SECTION 16. 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 is 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. 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. Obligations Personal. The rights and obligations herein granted arc 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 Miami-Dade County, Florida. CITY OF SUNNY ISLES BEACH BY ITS CITY COMMISSION ANTHONY J. SZERLAG ./ ~ rman S. Ede1cup, ~~ DATE / Y/:;/ il,j I DATE { 2 (20 los ATTEST APPROVED AS TO FORM AND LEGAL S F N Y :l:L~w~~ lane A. Hines, City Clerk Page 5 of5 Agreements & CC:\Documcnts and Settings\SzerlagA.J\Local Settings\Temporary Internet Files\OLK2\Employment Agreement - CITY MANAGER.doe ~3 , [3