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HomeMy WebLinkAboutReso 2009-1442 RESOLUTION NO. 2009- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PATRICK ("RICK") CONNER FOR THE POSITION OF CITY MANAGER OF THE CITY OF SUNNY ISLES BEACH, A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; 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; and WHEREAS, on January 22,2009 via Resolution No. 2009-1375, the City Commission appointed Rick Conner as Acting City Manager, and he has demonstrated the ability to perform the duties of the City Manager, and WHEREAS, after due consideration the Mayor has negotiated an Agreement with Acting City Manager Rick Conner, attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement with Patrick ("Rick") Conner as City Manager of the City of Sunny Isles Beach, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 3. Authorization of the City Attorney. The City Attorney is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. R2009- City Manager Rick Conner Agrmt J>agelof2 PASSED and ADOPTED this 18th day of June 2009. , I ~ I ( '" ~TTEST: , ' ',:. ~ t\~ '-Jane A. Hines, CIty Clerk . ~ I ^ . * " .. " V1 - ./') .., ~,. ,- ~. : .i ...-' Seconded by: Co~~~'2...u [}..~ <;c..\-\.C) \.l- Moved by: Vote: S-O Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl VCY es) V(Y es) V (Yes) V (Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2009- City Manager Rick Conner i\gnnt Page 2 of 2 EMPLOYMENT AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH AND PATRICK E. CONNER This agreement is made and entered into this l ~~day of j\JrJ~ , 2009, between the City of Sunny Isles Beach, Florida (hereafter the "City") and Patrick E. Conner, (known as Rick Conner and hereinafter called "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 Manager will perform the duties and exercise powers as prescribed in the City Charter, and perform such other permissible and proper duties and functions as assigned by the City Commission from time to time. B. The Employee shall perform the duties 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 an hourly-type employment and agrees to devote the 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. The City Commission agrees to provide the Employee with the required personnel and equipment necessary for the successful fulfillment of his duties. SECTION 2. TERM OF AGREEMENT AND COMMENCEMENT DATE A. Subject to the condition set forth in Section 3, the term of this Agreement shall commence on the date of execution by the parties, and shall continue until terminated, in accordance with Article 3.1 of the Charter of the City of Sunny Isles Beach. The City Manager shall serve at the pleasure of the City Commission. Exhibit "A" B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Commission to terminate the services of City Manager 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 the 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, or military reserve service performed on employee's time off. SECTION 3. SALARY A. The initial annual base salary of the employee shall be One Hundred and Seventy -Five Thousand Dollars ($175,000.00) which shall be payable in bi-weekly installments at the same time that other employees of the City are paid. Notwithstanding any other provision in this Agreement, the annual base salary herein shall commence on June 22,2009. B. The City Commission agrees to determine any adjustment in annual salary and/or benefits, based upon performance, at least once annually, during the City's Annual Budget process. C. In addition to the annual salary adjustment based upon performance, the City Manager shall receive an automatic yearly cost-of-living adjustment in the amount of three (3%) of his annual salary on the date of execution of this Agreement. SECTION 4. AUTOMOBILE ALLOWANCE AND COMMUNICATION EQUIPMENT A. The City Manager requires the use of an automobile in the furtherance of his duties. The City shall pay City Manager a monthly automobile allowance in the amount of $500.00 for use of his private automobile. B. The City shall provide the Employee with a cell phone as provided to other Senior Management employees of the City. SECTION 5. RETIREMENT/DEFERRED COMPENSATION A. The City shall contribute twelve (12%) of employees annual salary into the ICMA Deferred compensation program. Page 2 of 5 SECTION 6. LIFE INSURANCE AND DISABILITY INSURANCE The City shall pay the premiums for the employee on the following: 1. $100,000.00 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 The City agrees to provide the City Manager and his dependents with full family coverage (if applicable) for health, hospitalization, dental and vision care, as may be provided to any appointed employee or other employees. SECTION 8. VACATION, PERSONAL LEAVE, SICK LEAVE AND HOLIDAYS Commencing upon the effective date of this agreement, the Employee shall receive four (4) weeks vacation days per year and twelve (12) sick days per year. In addition, Employee shall receive five (5) days of personal leave, two (2) days floating for a total of 56 hours per year. SECTION 9. PROFESSIONAL EXPENSES AND DEVELOPMENT A. Subject to City policy and 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 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 City Manager and to adequately pursue necessary official and other functions of the City. SECTION 10. TERMINATION AND SEVERANCE A. In the event that the City terminates the Employee, without "cause", as defined below, the City agrees to pay the Employee in accordance with his salary at the time of termination, for a minimum period of nine (9) months beyond any accumulated personal leave. B. In the event that the Employee voluntarily resigns his position, the Employee shall give the City thirty (30) days notice in advance, unless the parties otherwise agree in writing. In the event of resignation, severance pay as outlined above shall not be payable. Page 3 of 5 C. In the event that the Employee is terminated "for cause", which shall be defined as acts of fraud, moral turpitude or conviction of any criminal act (except for minor traffic infractions), severance as outlined above shall not be payable. SECTION 11. OTHER CUSTOMARY BENEFITS The City shall afford the Employee the right to partIcIpate III any other benefits or working conditions as provided for by administrative and Senior Management employees of the City. SECTION 12. 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 of omission occurring in connection with the performance of the City Manager's duties. The City, or its insurance carrier, will payor settle any such claim or judgment rendered thereon. SECTION 13. 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 14. 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 attitude and ideas. SECTION 15. 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 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 predicted 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 dignity herewith. Page 4 of 5 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 the party. E. Obligations 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 Miami-Dade County, Florida. ~ ~ man S. Edelcup, Mayor ~u,lC \~( Z-oO~ ~\)J.e t<(, ~oq Date: ATTEST APPROVED AS TO FORM AND LEGAL F IENCY (',~~'~ '.Jane A. Hines, CMC, CITY CLERK Page 5 of 5