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HomeMy WebLinkAboutReso 2011-1677 RESOLUTION NO. 2011- ll..11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN EMPLOYMENT AGREEMENT WITH FRED MAAS FOR THE POSITION OF POLICE CHIEF OF THE CITY OF SUNNY ISLES BEACH, A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER 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 the City Manager shall be responsible for the administration of all departments and divisions of the City government (except the City Attorney); and WHEREAS, former Police Chief Fred Maas, who retired in December 2010, had expressed a desire to rescind his notice of retirement and return to the position of Police Chief; and WHEREAS, on January 20, 2011, Acting City Manager accepted Fred Maas' rescission of retirement and effectuated his return as Police Chief; and WHEREAS, the Acting City Manager and City Attorney negotiated an Employment Agreement with Fred Maas for a two-year period, with an option for an additional two years, at the same salary as before his retirement and the same terms and conditions as those afforded to upper management staff, 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. Ratifying Employment Agreement. The Employment Agreement with Fred Maas as Police Chief of the City of Sunny Isles Beach, attached hereto as Exhibit "A", be and the same, is hereby ratified. Section 2. Authorization of the Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 23rd day of February 2011. ;/ v R2011- Police Chief Fred Maas Employment ^grmt Page 1 of 2 ATTEST: c&~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND L L IC NCY: Vote: t;-b Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl R2011- Police Chief Fred Maas Employment Agrmt Moved by: Seconded by: --1L.(Yes) ----l.L- (Yes) -1L.(Yes) ~(Yes) -L(Yes) Ct>~ ~c..\-\D~ e.o~ CO"\-TTD _(No) _(No) _(No) (No) _(No) Page 2 of2 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this a4~ay of January, 2011 by and between the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation, hereinafter called the CITY or the CITY MANAGER, as party of the first part, and FRED A. MAAS, hereinafter called POLICE CHIEF, as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, The CITY desires to employ the services of FRED A. MAAS, as POLICE CHIEF of the City of Sunny Isles Beach pursuant to Section 3.2 of the City of Sunny Isles Beach City Charter; and WHEREAS, it is the desire of the CITY to provide certain benefits, establish certain conditions of employment and to set working conditions for the POLICE CHIEF; and WHEREAS, the FRED A. MAAS desires to accept employment as POLICE CHIEF of the CITY; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1.0 DUTIES: The CITY hereby agrees to employ FRED A. MAAS, as POLICE CHIEF to perform the functions and duties specified in the City Code and City of Sunny Isles Beach Police Department General Orders Manual to perform other legally permissible and proper duties and functions as the CITY shall from time to time assign. 2.0 TERM: 2.1 The commencement date of employment of the POLICE CHIEF shall be January 24, 2011, ("Commencement Date") and shall continue as provided for in this Agreement until January 24,2013 ("Expiration Date") and subject to all of the terms, conditions, and provisions hereof. 2.2 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY MANAGER to terminate the services of the POLICE CHIEF at any time, subject only to the provisions set forth in Section 3.0 of this Agreement. 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the POLICE CHIEF to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 3.4 of this Agreement. Exhibit "A" 2.4 This Agreement shall be extended for an additional 2 years on the same terms and conditions as contained herein unless either party to this Agreement provides written notice to the other party of its intent not to extend this Agreement at least ninety (90) days prior to the Expiration Date provided herein. 2.5 The POLICE CHIEF shall from time to time appoint and designate a deputy POLICE CHIEF, to exercise the powers of the POLICE CHIEF and to perform the duties of the POLICE CHIEF during the POLICE CHIEF'S temporary absence or disability. 2.6 The position of the POLICE CHIEF is not and cannot be an hourly-type employment. Hence, the POLICE CHIEF shall do all things necessary and required to be available to the CITY, its agents, servants and employees during the course of this Agreement on a twenty-four (24) hour basis, seven (7) days a week for emergency, public utility, and other public purposes, consistent with good and respectable management requirements. 3.0 TERMINATION AND SEVERANCE PAY 3.1. In the event the employment of the POLICE CHIEF is terminated by the City Manager prior to expiration of the Agreement, and during such time as POLICE CHIEF is willing to perform the duties under this Agreement, then and in that event, CITY agrees to pay POLICE CHIEF three (3) months severance. The payment of severance shall not include any accumulated vacation or sick time. 3.2 In the event POLICE CHIEF is terminated because of his conviction of any criminal act or revocation of police officer certificate, CITY shall have no obligation to give the required ninety (90) calendar days' notice or to pay the severance benefit designated in this section. 3.4 In the event POLICE CHIEF voluntarily resigns his position with the CITY before expiration of the aforesaid term of employment, then POLICE CHIEF shall give the CITY ninety (90) calendar days' written notice unless the parties otherwise agree. Upon such voluntary resignation with notice, severance pay as outlined above shall not be payable. 4.0 INSURANCE: 4.1 Health- Dental and Vision - The City agrees to continue to provide the POLICE CHIEF with full family coverage for Health, Hospitalization, Dental and Vision Care, as provided to other employees. 2 5.0 SALARY 5.1. The CITY agrees to pay the POLICE CHIEF for his services rendered pursuant hereto an annual base salary of $145,264.86 payable in installments at the same time as other employees of the CITY are paid. 5.2. During the term of this Agreement, compensation of POLICE CHIEF may be increased by an amount based upon an annual performance review conducted by the City Manager. 6.0 HOLIDAYS, VACATIONS AND SICK PAY: 6.1. Commencing upon the effective date of this Agreement, Police Chief shall be credited with vacation and sick days that are generally provided to Department Directors or Management Employees. 7.0 RETIREMENT/DEFERRED COMPENSATION 7.1. The City shall continue to contribute into a Retirement Program chosen by the Police Chief, a monthly contribution equivalent to 12% of annual salary. 7.2. POLICE CHIEF may voluntarily participate in the deferred compensation programs provided by ICMA Retirement Corporation. 8. NO REDUCTION OF BENEFITS: 8.2. The CITY shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the POLICE CHIEF, except to the degree of such a reduction across-the-board for all the employees of the CITY. 9. OTHER CUSTOMARY BENEFITS The City shall afford the POLICE CHIEF the right to participate in any other benefits or working conditions as provided for the Administrative and Management Employees of the City. The Police Chief shall not be considered as a new employee with respect to any benefits that the Employee may be entitled. The POLICE CHIEF shall retain the same seniority rank that the possessed as of November 5, 2010. It is understood and agreed to by the parties that the City hired the POLICE CHIEF on April 16, 1998. 10. MISCELLANEOUS: 10.2. Final Agreement: 3 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. 10.3. Modification of Agreement: It is further agreed that 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. 10.4. Counterparts: This document shall be executed in at least two (2) counterparts each of whom shall be deemed to be a duplicate original. 10.5. Florida Law: This Agreement is executed and is to, be performed in the State of Florida, and shall be governed by and construed with the laws of the State of Florida. Venue for any legal action shall be set in Miami-Dade, Florida. 10.6. Litigation: In connection with any litigation arising out of this Agreement, including any administrative, trial level or appellate proceedings, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorneys fee. 10.7. Counsel The Parties acknowledge that they have reviewed this Agreement with independent counselor have had sufficient opportunity to do so, and that neither party has been otherwise coerced into agreeing to any provisions of this Agreement. 10.8. Severability/Integration If any clause, section or other part or application of this Agreement shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. 4 /: ,: IN WITNESS WHEREOF, the parties hereto have made and executed this Employment Agreement on the respective dates under each signature: .~c~ FRED A. MAAS POLICE CHIEF: ATTEST: &~~ JANE A: HINES, CMC CIT,Y CLERK GAL FORM: 5 :' " Preview TO: FROM: DATE: RE: Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM The Honorable Mayor and City Commission Jorge L. Vera, Acting City Manager 2/23/2011 Ratification of Employment with Fred Maas RECOMMENDATION: It is recommended that the City Commission consider the attached resolution ratifying an Employment Agreement with Fred Maas for Police Chief. REASONS: Upon appointment as Acting City Manager, I advised the City Commission that former Police Chief Fred Maas had expressed a desire to rescind his notice of retirement and return to the position of Police Chief. Further, I stated that my first order of business would be to accept his rescission of retirement and effectuate the return of Fred Maas as Police Chief. The City Attorney and I have negotiated an Employment Agreement with Fred Maas for his return as Police Chief. The agreement is for a two-year period, but may be extended for an additional two (2) years. Fred Maas returns at the same salary as before his retirement and the same terms and conditions as those afforded to upper management staff. ADDITIONAL INFORMATION: Fred Maas is one of the founding members of the Sunny Isles Beach Police Department. He was instrumental in every aspect of the creation of the Department, including the selection of sworn and non-sworn staff. In 1999 Fred Maas was appointed Police Chief, a position he held until his retirement in December 2010. Additionally, Chief Maas is well revered amongst his peers, local and national. He has served on many intergovernmental task forces and is an often called public speaker. Chief Maas has received numerous accolades and awards throughout his law enforcement career. \() f\ 2-2'3-U Agenda Item http://sibagenda.sibfl.net/ agenda/Preview .aspx?ItemID=4 37 &MeetingID Date Preview Page 2 of2 Chief Maas' dedication and professionalism is further evidenced by his selection to serve as master of ceremony or speaker for many official events. Chief Maas is a testament to his profession, and we are delighted about his return to Sunny Isles Beach. A TT ACHMENTS: . Resolution http://sibagenda.sibfl.netlagenda/Preview.aspx?ltemID=437&MeetingID=0&MeetingDate ... 1/31/2011 January 20, 2011 Mr. Jorge Vera, Interim City Manager c/o City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Dear Mr. Vera, It is my expressed desire to rescind my retirement letter previously submitted, and return to the position of Police Chief for Sunny Isles Beach, a position I formerly held from 1999-2010. I thank you for your consideration in this matter, and I wish you all the success during your appointment as Interim Manager. Respectfully, ~Q<~ Fred A. Maas CC: Hans Ottinot, City Attorney City Commission Norman S. Edelcup Mayor January 21,2011 Lewis J. Thaler Vice Mayor Isaac Aelion Commissioner George "Bud" Scholl Commissioner Mr. Fred Maas 5136 S.W. 93rd Avenue Cooper City, FL 33328 Jeanette Gatto Commissioner Re: Rescission of Retirement Jorge Vera Acting City Manager Hans Ottinot City Attorney Reference is made to your letter of January 20, 2011. This is to confirm my acceptance of your rescission of your retirement. Further, I agree to provide you with the same salary, benefits, terms, and conditions that were in effect at the time of your departure. Jane A. Hines City Clerk I will direct the City Attorney to draft an employment agreement to reflect the terms and conditions of your return to work. It is my understanding that you agree to return to work on January 24, 2011. Please indicate your response and sign below, and return this letter to the Human Resources Department as soon as possible, so we may complete our staffing plans. Thank you and we look forward to hearing from you. m:ccept o I do not accept ,__~QC~ Signature 0/- 2../... 2-blJ Date