Res No 260-12-13817RESOLUTION NO. 260 -12 -13817
A Resolution relating to budget; authorizing a transfer of
$3,900 from account No. 00 I -1310 -513 -9920, City Manager
General Contingency, to account No. 001 -1310- 513 -4060,
City Manager Auto Allowance; providing and effective date.
WHEREAS, it is requested that the budget for City Manager Auto Allowance
be increased by $3,900 from account No. 001 -1910 -521 -1210 City Manager General
Contingency; and,
WHEREAS, It is essential to provide sufficient funds to City Manager Auto
Allowance account No. 001 -1310 -513 -4060; the additional funds of $3,900 will cover an
allowance of $650 per month to former City Manager Hector Mirabile, Ph.D., as a result of
former manager's termination on Nov 9, 2012; the city must comply with former City
Manager's employment Agreement. The approved Resolution No. 210-11-13524 and the
employment agreement as attached hereto as back up documentation; and,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
Section I. The Mayor and City Commission approve the transfer of $3,900
from account No. 001 -1310 -513 -9920, City Manager General Contingency with a
current balance of $130,000, to City Manager Auto Allowance account No. 001 -1310-
513 -4060, with a current balance of $0.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18thday of December , 2012
READ APPROVED
L6N 'UP E, LEGALIT�
C
COMMISSION VOTE:
Mayor Stoddard:
5 -0
Yea
TO F RM Vice Mayor Leibman: Yea
D Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
South Miami
All- AmedeaCit➢
1 la'
2001
From: Kelly Barket, Jr., Acting City Manager
Date: December 18, 2012 Agenda Item No.: 06
A Resolution relating to budget; authorizing a transfer of $ 3,900 from account
No. 001 -1310 -513 -9920 City Manager General Contingency to account No.
Subject• 001 - 1310 -513 -4060, City Manager Auto Allowance account to cover former
City Manager Hector Mirabile, Ph.D., $650 monthly allowance as per
employment agreement; providing and effective date.
It is essential to provide sufficient funds to City Manager Auto Allowance
account No. 001 -1310 -513 -4060; the additional funds of $3,900 will cover an
allowance of $650 per month to former City Manager Hector Mirabile, Ph.D., as
a result of former manager's termination on Nov 9, 2012; the city must comply
Background*
with former City Manager's employment Agreement. The approved Resolution
No. 210-11-13524 and the employment agreement as attached hereto as back
up documentation.
Transfer Amount: $3,900
Transfer From* 00 1 - 13 10-513-9920 City Manager General Contingency; with a current
balance of $ 130,000
Transfer To: 001 -1310- 513 -4060, City Manager Auto Allowance with a current balance of
zero $ 0
Backup Documentation: Resolution No. 210-11-13524 approved November 15, 2011 and
Amended Employment Agreement between City of South Miami
and Hector Mirabile, Ph.D.
RESOLUTION NO. 210 -11 -13524
A Resolution to amend the City Manager's agreement entered into
with City of South Miami, deleting the provision granting the City an
option to renew and increasing the existing three (3) year term of the
Employment Agreement by an additional two (2) years.
WHEREAS, an Agreement* is necessary to establish the employment
relationship, salary, benefits, and responsibilities of the City Manager; and
WHEREAS, the City entered into a three (3) year Employment Agreement with
Dr. Hector Mirabile, Ph.D., on September 21, 2010 for his services as the City of South
Miami's City Manager; and
WHEREAS, the City desires to extend his agreement for an additional two (2)
years.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor is hereby authorized to sign, on behalf of the City, an
amended City Manager's Employment Agreement deleting the provision granting the
City an option to renew the City Manager's existing agreement and increasing the
existing three (3) term of the agreement by an additional two (2) years. A copy of the
agreement is attached to this resolution.
Sections 2. This resolution shall become effective immediately upon adoption by
vote of the City Commission,
PASSED AND ADOPTED this 15thday of November , 20111
Page 1 of 1
APPROVED:
,.L4
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
3 -1
Yea
Yea
[day
absent:
Yea
lYT7:i)+',1Y[1L4'itIV1[T! Nx C.bT2l✓LidY13GN l
100vew
This Amended Employuieat A.greeme'rit ( "Agreement') is entered into on ��, 2011,
between the City of South Miami, a muiucipal corpoxation ("City") and Hector lvlirabile, P .D.
("Employee?"), collectively referred to ,as tho Parties
EACLqROUt` D
V�JE17E �i S,
an A.gxeement is necessary to establish the oinploymgnt relationship, salary,
boiiefits, and responsibilities'of the City Managex; and
M.ZT' R E.A,S, the City entered i to a three (3) year Employmeat Agreement with Dr. Hector
Mixabile, l'iLD., on September 21, 2010 for his services as the City of South Miami's City Manager;
and
WHEW RE AS, the City desires to amend iho City Manager's contract to emtend his contract for
an additional two (2) years.
ApO, Nx3EA A 9RE131 XNT
Now, therefore, for consideration the parties agxw as follows:
Employzne)t.
T.l City agrees to eMploy Employee as City Manager to pexfoim the duties and
exercise powers as provided by State Iaw, the City Chatter and the City Code, and to perform such
other legally permissible and proper duties and f factions consistent with tho Employee's'positioa as
City Manager as may be assigned by the City Commission from time to thnoV
L2 Employee shall report to the City Commission. Employee hereby accepts,
such employment. During the 'T'erm of Enxployee's employment by City, 13mployeo shall (a) devote
substantially all of his/her £'ull business time, abilities and attention exclusively to the: diligent
performance of his duties with City in a professional manner and in accordance with applicable law
and (b) rot engage in any other business activity, whethor or act such activity is pursued for profit of
(rtzaaoset xt
advantage; provided, however, that Employee may engage in personal and /or passive investment and
charitable activities and continue to be a member of the board of directors for public service
companies (such as the United Police Federal Credit Union), so long as such activities do not
materially intexfere with the performance of iris duties under this ,Agreement and do not •regult in a
conflict of interest in regards to Employee's duties and obligations to the City.
1.3 Mgeting Employee's Obligation. Employee shall be deemed having complied
with Employee's, professional obligations to the City if.
(i) The Financial position. of the City is witWn the parameters as set forth,
in the approved budget of the City
(ii) The City does not have grounds to terminate "Agreement for cause
under Section 4.1 of the A.greerxient; and
(iii) Employee beeps the City's budget within approved paraaxteters except
that this standard can be reasonably exceeded if unexpected or
iinforeseeu circumstances (act of God, huxriearie, civil disturbance)
occur or unanticipated commission approved expenditures; and
(iv} Employee establishes ' and maintains a professional working
relationship wM other local governments as needed, in. Employee's
discretiont to ensure economies of scales and intercity mutual
agreements.
(v} Employee communicates with the commission oxx all matters related to
xiew ordi i2taccs or resolutions with appropriato backup dobumentation
so that the eornmission as a whole may male appropriate decisions.
7
(�ri) Employee informs the commission of speck commission identified
critical information requiv vents which may be amended from time to
time.
(vii) Employee performs his duties set forth is the City Charter and carries
out Commission directives.
Z. Term. Except as otherwise provided in this Agreement, the Term►, of this Agreement
which originally commenced on September 21, 2010, whea Employee was first hired as the City
Manager, shall terminate at the close of business on September 20, 2015 (the "Term. ").
30 Cozxiperzsatiozx. During the course of Employee's employment by City, pursuant to
this Agreement:
3.1 Axmual Sa.Ig Bm loyee shall be paid an annual salary of $140,000.00,
which shah be payable in equal installments on _ a bi- weelrly basis in accordance with City's
compensation practices; provided, however, if City establishes another pay parlod for its employees
which is no less frequent than semi - monthly, Employee shall be paid is accordance with that
schedule. Employee's salary shall be subject to adjustments due to cost of living increases during
the Term, but at least yearly, at the sole discretion of'the City Coxnmisslon and such increases, if
any, shall establish the now base salary for the Employee.
Employee.:
3.2 Frxngo Berrefxts. During the Tenn, City, at its cost, shall make available to
3.2.1 fpsurance. The City agrees to pal Employee $680 per moxx& -to cover his
health, insixxaaoe premium for him and his family. This sums shall be subject to &a upward or
downward adjustment depending upon tiro lvlamger's then current cost of maintaining his family
3
health insurance policy obtained through his prior employer. The City shall further provide
Employee with. a life insurance benefit equivalent to one (1) year base salary.
3.2.2 Automobile. The Employee. shall receive a vehicle allowance in the
amount of $650 per month unless and until the City provides the Employee-with a vehicle -for his use
and pays for the gasoline used in the connection with the use of such vehicle. City shall include the
vehicle oa the schedule of vehicles for which the City maintains automobile casualty and liability
insurance coverage. City shall provide maintenance and f4el for the vehicle upon the same basis that
it provides mainxteizance aizd fuel for other vehicles within the municipal fleet. The City will provide
a Sunpass with the vehicle and the Sunpass account will be maintained at the City's expense.
3.2.3 Vacation and Sick Leave. Employee shall accrue 2.33 vacation days per
montb. The vacation leave taken by the Manager will be taken at such time or times as will least
interfere with the performance of his duties. Additionally, at time, of separation, all vacation: hours
up to 400 hours will be paid out at 100 %.
(a) Employee shall. receive one (1) day or (8) hours per month of
sick time or such additional sick time, if greater, as is provided to City's senior management. The
sick tinge way be accrued and rolled over to a later date and shall otherwise be consistent with City
policies for senior management,
(b) Employee shall be entitled to holidays in the same manner as
senior mnagement employees of the City.
3.2.5 Parigion. The City shall contribute 11% of base salary per year as a
cowribution to Employee's (:ity, spowjomd tetlxeuxetit plan or atny oilier redroweid plsui (401a)
selected by Employee For his benefit. Impooyee shall be allowed to contribute any amonat in
0
addition, to the contribution by the City to the qualified retirement plan (401 a) or (457b) up to the
maximum allowable by law.
3.2.6 Cellular tele m. The Employee shall receive a cellular telephone
allowance, in the amount of $150.00 per month.
3.2.7 Equipwep t. City shall provide Employee, at City's cost, with
equipment necessary to fulfill Employee's duties, including but not limited to electronic equipment,
computer, etc.
3.3 E�nses. ' City shall pay for or reimburse Employee for all ordinary,
necessary and reasonable business expenses incurred or paid by Employee in furtherance of City's
objectives, all of which shall be reirnbursed and paid in accordance with City's policies and
procedures of general application. The City shall provide Employee with a credit card to be used by
Employee to pay for these expenses.
3.4 l?zof'essional Devetoprnent. Subject to City policy and State law, the City
agrees to pay the reasonable professional dues and subscriptions of Employee necessary for his
continuation and. participation as a member in national, regional, state and local professional
associations and organizations necessary and desirable fox his continued professional participation,
growth and advancement, and for the good of the City as permitted by the City's Budget. City shall
pay for all necessary and reasonable continuing education for Employee as determined by Employee
in his reasonable discretion and as funded by the City's Budget,
4. Termination. The City Commission may terminate the Employee for Cause: as
specified below and in accordance with Article 111, Section 3. Removal, of the City of South Miaxii
Cbarter. The specifics for the termination
must be enumerated
in
writing to the Employee, S days.
Prior to the Commission Meeting where thf,
termination vote will
be
heard.
5
4.1 Teri ination for Cause. For purposes of this Agreement, a termination by
Employer for "Cause" shall mean termination by action of Employer pursuant to this Section 4.1.
Employer shall have the right to terminate Employeo for Cause upon the occurrence of one or more
of the following evonts:
4.1.1 A determination by a majority of the City Commission made
reasonably and in good faidln that Employee has breached this Agreement in any mkerial respect.
4.1.2 Employee's conviction by a court of competent jurisdiction of fraud
with respect to the business or .affairs of Employer or any aftlWed person or entity of Employer.
4.1.3 Employee is found by a court of competent jurisdieiioa to have
violated Employer's aatl- barassment policy.
4414 Excessive alcohol or drug usage by Employee to an extent that it
interferes with tho performance of Employee's duties under this Agreement.
4.1.5 The conviction by a court of competent jurisdiction of, or pleading
polo contendre by, Employee of (a) a misdemeanor involving dishonesty, ` fraud, theft,
misappropriation, embezzlement or the like or (b) a felony.
4.1.6 Employee, by reason of mental or physical disability or illness, is
unable to perform the essential functions of his job, as described in Section 1, with reasonable
accommodation, for more than an aggregate of 180 days in any consecutive 12 -month period.
4.1.7 A willful violation of the City's Charter.
C l .8 The death of Employee.
4.2. Terwivation for cause disputo y rocedures, In the event majority of the
COTr]misslon elects to termittate Employee fog- cause pursuant to Section 4.17
Employee may elect to dispute the termination for cause through mediation_
ON
4.2.1 The City shall fixrnish Employee with a list of at least five (5)
proposed mediators. The Employee, shall review such list and agree with. the City's choice or rnakc
an alternate choice for the City's consideration fxom the list or disapprove the list and return to the
City for additional recorntmended names within five (5) business days. Once a mediator is chosen by
both parties the mediation shall take place at the first available opportunit?j of the mediator. The
City shall bear the total cost of the mediation process.
4.22 if the mediation process fails to achieve a mutually agreed
upon resolution or setttenaent of the dispute, and the Employee desires to -dispute 'the terinination for
cause, the Employee skull file a demand for arbitration with the American Arbitration Association
within seven (7) working day's of the mediator's declaration of an impasse.
4.23. The arbitration shall be conducted tinder the rules of the
American Arbitration Association. Subject to the following, the Arbitrator shall have jurisdiction
and authority to decide a dispute solely arising from the speoiftcation of this agreement, The
Arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or
supplement this agreement, or any part tboreof, or any amendment hereto.
42.4. It is contemplated that the City and the Employee shall
mutually agree in writing as to the statement of the matter to be arbArated prior to a hearing; and if
this is done, the Arbitrator shall confine his decision to the particular matter thus specified.
42.5 Each party shall bear the expense of its own, witnesses and of
its own - representatives. The Employee and the City shall bear equally the expense, of the impartial
Arbitrator, including any retainer fee of the Arbitrator. The party desiring a transcript of the bearing
will bear the cost of sane.
7
4.2.6 Copies of the award of the arbitration made in accordance with
the jurisdiction or authority under this agreement shall be furnished to both parties within thirty (30)
days of the hearing and shall be .final and binding on the Employee and the City.
4.2.7 The Arbitrator shall be selected in accordance with the rules of
the American Arbitration Association,
4.2.8 Upon a final determination by the arbitrator that the City has
breached the ,Agreement, Employee shall be entitled to receive back pay, indluding all salary and
benefits set forth in this Agreemmnt, tiirough.-the date of the award, and Employee shall also be
reinstabA to the position of City Manager.
42.9 Upon the final detormination by the arbitrator that tho
Employee breached the Agreement or• that the City otherwise had good cause to terminate the
Employee, Employee shall be entitled to receive only the salary and other benefits which Employee
had earned through the effective date of such termination, and Employee shall not receive any
compensation or benefits in respect of any perlods after the effective date of such termination,
4.3 Termination Upon Uolui�.fia Resianati�11. In the event Employee voluntarily
resigns his employment with City, Employee shall be entitled to receive the annual salary anti other
benelits,,which Employee earned through the effective date of such resignation; provided, however,
following receipt of EmpIoyee's resignation, City shall have the right to accelerate the effective date
of Employee's resignation, provided it agrees to pay to Employee the amounts Employee would
otherwise be paid hereunder through the intended resignation date.
4.4. Teriaalzzatiazi Cthez Thaii by3 olwitacy.Resignation qt For Cavic. Employer
may end the employment relationship and terminate this Agrcoment,.at the pleasure of the majority
of the Commission, without good cause. If the Employee is terminated without good cause he shall
T
mmediately be re- assigned from the positions of City Manager to City Consultant. In that capacity,
the Consultant shall provide off-site advice to tho, new City Manager and City Attorney to assist
there with various pending projects. Consultant will for the shorter- of a period of six (6) months or
the period of employment remaining under this Agreement (or any extension or renmal thereof),
following the Commission's re- assignment of him from City Manager to City Consultant receive all
of the salary and benefits provided for by flats Agreement, but Consultant will have no i'urther
authority to bind the City or to take my further action on behalf of the City.
56 WatlaSiolclin , Aaaythirn-g.to the coxitrary aotwlthstanding, the afuitial salary and other
payments required to be made by City tinder this Agreement to Employee or Employee's estate or
beneficiaries shall be subject: to the withholding of such anriounts, if any, relating to tax and other
payroll deductions as Employer may reasonably determine it should withhold pursuant to applicable
law or regulation.
6. Miscel� laneouk,
6.1 Notices. All notices, demands or requests provided for or permitted to be
given. pursuant to this Agreement must be in writing and shall be delivered or sent, with the copies
indicated, by personal delivery, telecopy (with corafl=atiori and additional copy sent by overnight
delivery service) or overnight delivery service (by a reputable international carrier) -to the parties as
follows (or at such other address as a party may specify by notice given pursuant to this Section):
To City:
With a copy to:
0
Philip K, Stoddard, Ph. D.
(or the then current Mayor)
6130 Sunset Drive
South. Mimi, Pi 33143 -5093
Thomas F. Pepe, Esgl
(or the then current City Attomey)
6130 Sunset Drive
South Miami, PL 33143 -5093
To Employee;
Maria M. Menoade7, CMC
(or the then, current City Clexk)
6130 Sunset Drive
South Miami, FL 331435093
Hector Mirabile, Ph. Z3.
18720 SW 7a' Styeet
Pembroke Pines, FL 33029
All notices shall be deemed given and received one business day after their delivery to the
addresses for the respective party, with the.copies indicated, as provided M' this Section.
6.2 Entire Agreerrxexzi. Thi3 Agreement and any other contemporaneous written
agreements entered into by the parties contain fire sole and oathe bhiclixrg agreement between and-
representations made by the parties to each other and supersede any and all other prior Resolutiom,
writton or oral agreements and xepresentations between therm.
6.3 Araendrxxe . No amendment or modification of this Agreement shall be valid
unless in writing and duly executed by the parties affected by the amendment or modification.
644indizxg l3ffect. This Agreement snail be binding upon and inure to the
benefit of the parties and their tespective representatives, heirs, and successors.
6.5 Waiver. Any waiver or changes to this agreement by either party of 'any
breach of any provision or this Agreement must be in wxittexx form, signed by both parties, and shall
not be considered as or constitute a continuing Waiver or a waiver of any other breach of the same or
any other provision of this Agreement,
6.6 qo stxuetlon- lrx the constraction of this Agreement, whether or riot• eo
expressed, words used in the singular or is the plural, respectively, include bothh the plural and the
singular and the masculine, feminine and tauter genders include all other genders. Since both
10
patties have engaged in the drafting of this Agreement, no presumption of consUctotion against any
party shall apply.
63 Section References. All references contained -in this Agreement to Sections
shall be deemed to be references to Sections of this Agreement, except to the extent that any such
reference specifically refers tb another document. All references to Sections shall be deemed to also
refer to all subsections of such Sections, if any.
6.8 Severability In the event that atay portion of this Agreement is illegal or
unenforceable, it shall affect no other provisions of this Agreement, and the remainder of this
Agreement shall be valid and enforceable in accordance with its terms.
6.9 )Business Day. As used in. this Agreement, the term "business day" means any
day other than a Satuzday, Sunday or legal or bank holiday in the City of South Miami, Florida (the
"City"). If my tune period set forth in this Agreement expires on other than a business day in the
City, such period shall be extended to and through the next succeeding business day in the City.
6.10 Assignment. Neither this Agreement nor any rights under this Agreement
may be assigned by either party.
6.11 Other Documents. The parties shall take all such actions and cuwmto all such
documents which may be necessary to carry out the purposes of this Agreement, whether or not
specifically provided for in this Agzeeixtent.
6.12 Governing haw. This Agreement and the interpretation of its terms shall be.
governed by the laws of the State of Florida, without application of conflicts of law principles.
6,13 Counterparts. This Agreement may be executed and delivered in three
counterparts, each of which shall bo deemed to be an original and both of which, takeir togother,
shall be deemed to be one agreement.
I
6.14• fndg0kification. Tire City agrees to defend, hold harmless and iaderxmify
Employee froxn any and all claims, suits, causes of action, or pzoceedirigs of any kind brought
against the Employee for actions taken by the Employee in the course and scope of his public
purpose employment with the City. Should the City Attorney detezinine that it is disadvantageous or
a conflict of intetest to provide counsel to Employee, Employee will obtain separate counsel of his
choice at the City's expense. la the event That any sepamte counsel is hired by the Employee, under
thk provision, the chgice of comsel axed rates to be dbarged must be approved by the City
Commission before the City is required to pay for eipenses of same. The parties have executed this
Agreement as of the date set :forth above.
PASSED AND A.D0PTED TI-119 15 day of /74 , 2011.
ATTEST:
�✓ �- 22
X CLEF
I�
MAYOR
12
MIAMI DAILY BUSINESS REVIEW
puwstiod pally sxcept Balurday, ssndayand
LaDat liclidays
Mfaml, waml•aads Counry, r1odJa
STATE OF FLORIDA
COUNTY 0P M1AMImDADE-
Before the undersigned authority personally appeared
V, PEREZ, who on oath says that he or she is the
LEGALCL1 =11K, Leyat blottces ofthe Miami Daily Sustnese
Revtew f/ida Miami Aevlew, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Maml -Dads
County, Florida; that the attached copy of advertiserment,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR OCTOSER 18, 2011
in the XXXX Court,
was published in said navApvper to the ferns of
10107/2011
Afffarit further says that the said Miami Dally Business
Naview is a newspaper published at Miami in said Mlami -bade
County, Florida and that the saki newspaper has
heretofore been continuously published in said Mlarrri Da& County,
Nmka, each day (except Gat HdAy, Sunday and Legal Holiday%)
and has been entered as second class mail matter at the post
office in Miami in said Mlarril -Dade County, Fiofida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and alllant further says that ho or
she has neither paid nor promised any person, firm or corpomtten
any dlscounf, rebate, commission or refund for the purpose
of securing this advertisement for publication In the said
newspaper. .1 Z/)
Sworn to and subscribed before me this
07 day o OT'OSER , A,.�DD, 0171
(SEAL)
V. PEREZ personally known to me
,a a.o,
� X94w; B.THOWS
20 337532 �xplfes NovsttorZ 2013 �rdkC4fvral ?aT mn JhAb%1 A 10is