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Resolution No CRA 04-18-1045RESOLUTIONNO. CRA 04-18-1045 A resolution of the South Miami Community Redevelopment Agency (SMCRA) relating to the appointment of the SMCRA Director; and providing an effective date. WHEREAS, the south Miami Community Redevelopment Agency Board (SMCRA) agreed unanimously December 6, 2017 that Evan Fancher be the next CRA Director; and WHEREAS, the independent directors position, is an appointed position by the CRA Board, and WHEREAS, and the person holding the position the position of director would report directly to the Board and run the daily operations of the agency; and WHEREAS, the contract attached be reviewed and agreed open; and WHEREAS, the SMCRA Board seeks to confirm the appointment to the SMCRA Director NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The above clauses are incorporated by reference into this resolution. Section 2. The South Miami Redevelopment Agency appoints Evan Fancher as the South Miami Community Redevelopment Independent Director at an annual salary of $89,000.00 with benefits amount of $3,900.00 and a start date of January 16, 2018. Section 3. The SMCRA Director will be entitle to annual raises. Section 4. Effective Date. This resolution shall become effective immediately upon adoption by vote of the Agency. PASSED AND ADOPTED this 811 day of January, 2018. ATTEST: &TAR Pagel of 2 APPROVED: CUNRAERSON Res. No. CRA 04-18-1045 Page 2 of 2 BOARD VOTE: 7-0 Chair Stoddard: Yea Vice Chair Welsh: Yea Member Edmond: Yea Member Liebman: Yea Member Harris: Yea Member Jackson: Yea Member Kelly: Yea =oe, "Making cur Neighborhood c GreatfWe ro five. Work and Piny" To: Honorable Chair and SMCRA Board Members From: James McCants, SMCRA Interim Director Resolution Date: January 8", 2018 ITEDI No. q RESOLUTION APOINTING A NEW SMCRA DIRECTOR A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO THE APPOINTMENT OF THE SMCRA DIRECTOR; AND PROVIDING AN EFFECTIVE DATE. Backeround Mr. Stephen David, the past Director of the South Miami Community Redevelopment Agency ("SMCRA"), presented his resignation with the SMCRA, effective December 1, 2017. All members of the SMCRA Board on December Ilth 2017 unanimously nominated Mr. Evan Fancher as the new director. The (SMCRA) Board now seeks to confirm the appointment of the SMCRA Director. Approval of the attached resolution and exhibit (A) contract shall authorize the (SMCRA) South Miami Community Redevelopment Agency Board to appoint Evan Faucher to the position of Independent SMCRA Director. The SMCRA Director shall hold a permanent Position with the Agency, and report directly to the SMCRA Board Recommendation Staff recommends SMCRA. Board review and approves attached resolution and contract. Attaehmen' JM \CRA\ Resolution and contract appointing Even Fancher as independent Director of SMCRA Exhibit (A) Contract for CRA Director EMPLOYMENT AGREEMENTBETWEEN SOUTH MA� t°.:��i��fr F-:E��E�'E�__��`�ia�E-a AGE P�i�'�, AND E��'�`N FA�� HEM; Introduction This Agreement made and entered into this Jan 8th, 2018 by and between the South Miami Community Redevelopment Agency (SMCRA), a municipal corporation, and Evan Faucher, (hereinafter called "the Director") an individual who has the education, training and experience in local government, both of whom agree as follows: Section 1: Term A. The initial term of this agreement shall be for an initial period from Jan 8tn, 2018, to the scheduled sunset of the SMCRA on June 1, 2020.. In the event the agreement is not renewed or extended, all compensation, benefits and requirements of the agreement shall remain in effect until the expiration of the term of the Agreement unless the Director voluntarily resigns. At the conclusion of the term, unless the Agreement is renewed or extended, the Director may continue to serve month -to -month at the will of the SMCRA Board under the other terms of this agreement, provided that the SMCRA is renewed. Section 2: Duties and Authority A. The SMCRA Board agrees to employ Evan Fancher as Director of the SMCRA to perform the functions and duties specified in the SMCRA Plan approved by Miami -Dade County and the City of South Miami, and to perform other legally permissible and proper duties and functions assigned to him by the SMCRA Board. B. The Director is the chief executive officer of the SMCRA and shall faithfully perform the duties as prescribed in the job description as set forth in the SMCRA Plan and policies and as may be lawfully assigned by the SMCRA Board and shall comply with all lawful governing body directives, state and federal law, SMCRA policies, rules and ordinances as they exist or may hereafter be amended. C. Specifically, it shall be the duty of the Director to 1. Employ on behalf of the SMCRA all other employees of the organization whose job category is approve by resolution of the SMCRA Board and that is consistent with the policies of the SMCRA, the SMCRA County approved budget and the SMCRA Plan. 2. Direct, assign, reassign, hire, fire, promote, demote, and evaluate all of the employees of the SMCRA consistent with policies, ordinances, charter, state and federal law. No employee shall be hired for a definite term and salaries of said employees shall be as set forth in the approved SMCRA budget. 3. Organize, reorganize and arrange the staff of the SMCRA and to develop and establish internal regulations, rules and procedures which the Director deems necessary for the efficient and effective operation of the SMCRA consistent with the lawful directives, policies, ordinances, state and federal law. 4. Accept all resignations of the employees of the SMCRA consistent with the policies, ordinances, state and federal law, except the Director's resignation, which must be accepted by the SMCRA Board or its successor. G. The Director shall perform the duties of Director of the SMCRA with reasonable care, diligence, skill and expertise. H. All duties assigned to the Director by the governing body shall be appropriate to and consistent with the professional role and responsibility of the Director. I. The Director cannot be reassigned from the position of Director to another position without the Director's express written consent. J. The Director or designee shall attend, and shall be permitted to attend, all meetings of the SMCRA, the Director's evaluation or otherwise consistent with state law. K. The governing body, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints and suggestions called to their attention to the Director for study and/or appropriate action. Section 3: Compensation A. Base Salary: SMCRA agrees to pay the Director an annual base salary of $89,000, payable in installments at the same time that the employees of the City of South Miami are paid. B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the SMCRA compensation policies to include all salary adjustments on the same basis as applied to Department Directors of the City of South Miami. C. In addition, consideration shall be given on an annual basis to an increase in compensation. The SMCRA Board agrees to consider an increase in the compensation of the Director dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. D. At any time during the term of the Agreement, the SMCRA Board may, in its discretion, review and adjust the salary of the Director, but in no event, shall the Director be paid less than the salary set forth in Section 3.A or his then existing salary (including increases as provided in this Section of the Agreement), whichever is greater, except by mutual written agreement between the Director and SMCRA Board. Such adjustments, if any, shall be made pursuant to a lawful governing body action. In such event, the SMCRA Board and the Director agree to provide their best efforts and reasonable cooperation to execute a new agreement incorporating the adjusted salary. E. Except as otherwise provided in this Agreement, the Director shall be entitled, at a minimum, to the highest level of benefits enjoyed by and/or available to other the Directors of the City of South Miami as provided by the City of South Miami policies, Charter, ordinances, or personnel rules and regulations or other practices. Section 4: Health, Disability and Life Insurance Benefits A. The SMCRA Board agrees to provide and to pay the premiums for insurance coverage for the Director and his/her dependents (if any), at a minimum, equal to that which is provided to all other the Directors of the City of South Miami. In the event no such plan exists, SMCRA Board agrees to provide coverage for the Director and dependents in a manner mutually agreed upon by SMCRA Board and the Director. B. The Director may elect to submit once per calendar year to a complete physical examination, including a cardio-vascular examination, by a qualified physician selected by the Director, the cost of which shall be paid by the SMCRA. Section 5: !Vacation, Sick, and Military Leave The Director shall accrue sick leave and vacation leave at a minimum, at the highest rate provided or available to any other City Director, under the same rules and provisions applicable to other the Directors. The Director's accrual and retention of benefits at the termination of this Agreement shall be in accordance with policies of the City of South Miami affecting Department Directors. Section 6: Automobile The Director's duties require exclusive and unrestricted use of an automobile to be mutually agreed upon and provided to the Director at the SMCRA Board's cost, subject to approval by SMCRA Board, which shall not be withheld without good cause. During the term of this Agreement and in addition to other salary and benefits herein provided, a vehicle allowance of $3900 per year, payable monthly, shall be provided to the Director to purchase, lease, or own, operate, insure, and maintain a vehicle. The monthly allowance shall be adjusted annually by the regional CPI. The Director shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The SMCRA Board shall reimburse the Director at the IRS standard mileage rate for any business use of the vehicle beyond a 100-mile radius of the City of South Miami. Section 7: Retirement The SMCRA Board agrees to pay an amount equal to 7.92% of the Director's salary into a retirement plan, designated by the Director and on the Director's behalf, in equal proportionate amounts each pay period. The SMCRA Board contribution shall be matched by a contribution of 3% from the Director's salary. Section 8: General Business Expenses A. SMCRA agrees to budget and pay for professional dues and subscriptions, and full participation in national, regional, state, and local associations, organizations, civic clubs, short courses, institutes, and seminars that are necessary and desirable for the good of the SMCRA, and for the Director's continued professional participation, growth, and advancement, and up to a maximum of $3000. B. The SMCRA Board recognizes that certain expenses of a non -personal but job - related nature are incurred by the Director, and agrees to reimburse or to pay said general expenses up to a maximum of $1000. Such expenses may include meals where SMCRA business is being discussed or conducted and participation in social events of various organizations when representing the SMCRA. Such expenditures are subject to annual budget constraints as well as Florida, Miami -Dade County, and City of South Miami ethics and purchasing policies. The City of South Miami Finance Director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. C. Recognizing the importance of constant communication and maximum productivity, the SMCRA shall provide the Director, for business and personal use, a laptop computer, software, mobile phone, and tablet computer of the Director's choosing, for business and personal use, required for the Director to perform his duties and to maintain communication with SMCRA Board's staff and officials as well as other individuals who are engaging with the SMCRA 4-ten-be Ghesen by the D+reste . Upon termination of the Director's employment, the equipment described herein shall become the property of the Director and at the discretion of the Director any mobile phone number shall be transferred to the Director. Section 9: Termination A. For the purpose of this agreement, termination shall occur when: 1. The majority of the SMCRA Board votes to terminate the Director in accordance with this agreement at a properly posted and duly authorized public meeting. 2. If the SMCRA Board, citizens or legislature acts to amend any provisions of the SMCRA Plan, state statutes or City or County ordinances pertaining to the role, powers, duties, authority, responsibilities of the Director's 4 position that substantially increase the duties and responsibilities of the Director, the Director shall have the right to declare that such amendments constitute termination. 3. SMCRA Board shall not reduce the base salary, compensation or any other financial benefit of the Director. Such action shall constitute a breach of this agreement and will be regarded as a termination. 4. If the Director resigns following an offer to accept resignation by the majority of the SMCRA Board, whether formal or informal, then the Director may declare a termination as of the date of the suggestion. 5. Breach of contract declared by either party with a 30-day cure period for either the Director or the SMCRA Board. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 20. B In the event the Director is terminated without cause by the SMCRA Board during the three (3) months immediately following the seating and swearing -in of one or more new governing body members, and during such time that the Director is willing and able to perform his duties under this Agreement, then, the SMCRA agrees to pay Severance in accordance with Section 10 plus salary and benefits in accordance with Section. C. Termination for Cause: The SMCRA board may terminate for cause if the Director is found to have: Violated the City, County or state ethics code. Committed a felony Committed a misdemeanor involving dishonesty, fraud, embezzlement, or theft Any willful misconduct including any willful violation of any law or regulation Failing to follow directions of the SMCRA Board Failure to follow SMCRA policy, Breach of contract that is not cured within 30 days of notice of breach Violence or threatened violence, Threats or threatening behavior, Making misrepresentations to the SMCRA Board Falsifying records, Harassment, Failing an alcohol or drug test. Section 10: Severance Severance shall be paid to the Director when employment is terminated as defined in Section 9. A. If the Director is terminated, the SMCRA shall provide a minimum severance payment equal to two (2) months salary at then current rate of pay. This severance shall be paid in a lump sum or in a continuation of salary on the existing ,pay schedule, at the Director's option, B. The Director shall be compensated for any accrued leave and all paid holidays within the severance period. C. For a minimum period of three months following termination, the SMCRA shall pay the cost to continue the following benefits: 1. Health insurance for the Director and all dependents as provided in Section 4A, after which time, The Director will be provided access to health insurance pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). 2. Life insurance as provided in Section 4D 3. Short-term and long-term disability as provided in Section 413 4. and any other available benefits. D. If the Director is terminated for cause, then the SMCRA is not obligated to pay severance under this section. Section II: Resignation In the event that the Director voluntarily resigns his position with the SMCRA, the Director shall provide a minimum of 30 days notice unless the SMCRA Board and the Director agree otherwise. Section 12: Performance Evaluation A. The SMCRA Board may annually review the performance of the Director in June of each year subject to a process, form, criteria, and format for the evaluation which shall be established by the SMCRA Board. The Director shall schedule the evaluation with the SMCRA Board in a timely manner. The annual evaluation process, at a minimum, shall include the opportunity for both parties to: (1) conduct a formulary session where the governing body and the Director meet first to discuss goals and objectives of both the past twelve (12) month performance period as well as the upcoming twelve (12) month performance period, (2) following that formulary discussion, prepare a written evaluation of goals and objectives for the past and upcoming year, (3) next meet and discuss the written evaluation of these goals and objectives, and (4) present a written summary of the evaluation results to the Director. The final written evaluation should be completed and delivered to the Director within 30 days of the initial formulary evaluation meeting. B. In the event the SMCRA Board deems the evaluation instrument, format and/or procedure is to be modified by the SMCRA Board and such modifications would require new or different performance expectations, then the Director shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. 6 Section 13: Hours of Work The SMCRA Board recognizes that the Director must devote a great deal of time outside the normal office hours on business for the SMCRA, and to that end the Director shall be allowed to establish an appropriate work schedule. The schedule shall be appropriate to the needs of the SMCRA and shall allow the Director to faithfully perform his assigned duties and responsibilities. In no case shall the Director work less than 40 hours per week, excepting absence for illness or vacation leave unless otherwise approved by the SMCRA Board. Section 14: Ethical Commitments The Director shall not endorse candidates, make financial contributions, sign or circulate petitions, or financially participate in fund-raising activities for individuals seeking or holding elected office in the City of South Miami, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Neither the SMCRA Board nor any individual member thereof shall request the Director to endorse any candidate, make any financial contribution, sign or circulate any petition, or participate in any fund-raising activity for individuals seeking or holding elected office, nor to handle any matter of personnel on a basis other than fairness, impartiality, and merit. Section IS: Outside Activities The employment provided for by this Agreement shall be the Director's primary employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the SMCRA Board and the community, the Director may elect to accept limited teaching, consulting, or other business opportunities with the consent of the SMCRA Board and the understanding that such arrangements must neither constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement. Section 16: Indemnification Beyond that required under Federal, State or Local Law, the SMCRA Board shall defend, save harmless and indemnify the Director against any obligation to pay money or perform or no perform action, including without limitation, any and all losses, damages, judgments, interests, settlements, penalties, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney flees, and any other liabilities arising from, related to, or connected with any tort, professional liability claim or demand or any other threatened, pending or completed action, suit or proceeding, whether civil, criminal, 'administrative, arbitrative or investigation, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Director's duties as Director or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful, wanton or intentional misconduct. The Director may request and the SMCRA Board shall not unreasonably refuse to provide independent legal representation at SMCRA expense and the SMCRA Board may not unreasonably withhold approval provided the hourly fee charged does not exceed the average, usual and customary hourly fee charged by attorneys who specialize in providing local governmental legal services in Miami -Dade County, Florida. Legal representation, provided by the SMCRA Board for the Director, shall extend until a final determination of the legal action, including any appeals brought by either party. Any settlement of any claim must be made with prior approval of the SMCRA Board in order for indemnification, as provided in this Section, to be available. The Director recognizes that the SMCRA Board shall have the right to compromise and settle any claim or suit, unless the Director is a party to the suit in which case the Director shall have a veto authority over the settlement, unless, said compromise or settlement is of a personal nature to the Director. However, if the Director vetoes a settlement approved by the SMCRA Board, the Director shall be responsible for all damages that exceed the SMCRA Board approved settlement as well as the attorney fees and costs incurred in the defense of the action following the date of the Director's veto. Such cost may be deducted from the salary and benefits that the SMCRA Board would otherwise owe the Director. Further, the SMCRA agrees to pay all reasonable litigation expenses of the Director throughout the pendency of any litigation to which the Director is a party, witness or advisor to the SMCRA. Such expense payments shall continue beyond the Director's service to the SMCRA as long as litigation is pending. Further, after the Director's services to the SMCRA have terminated, the SMCRA agrees to pay the Director reasonable consulting fees and travel expenses when the Director serves as a witness, advisor or consultant, after his termination, to the SMCRA regarding pending litigation. Section 17: Bonding The SMCRA shall bear the full cost of any fidelity or other bonds required of the Director under any law or ordinance. Section 18: Other Terms and Conditions of Employment A. The SMCRA Board, only upon agreement with the Director, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Director, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, local ordinances, or any other applicable law. B. Except as otherwise provided in this Agreement, the Director shall be entitled, at a minimum, to the highest level of benefits that are enjoyed by or offered to Department Directors in the City of South Miami as provided in the Charter, Code, Personnel Rules and Regulations, or by practice. C. The SMCRA Board shall appropriate, set aside, and encumber, available and unappropriated funds of the agency in an amount sufficient to fund and pay all financial obligations of the SMCRA pursuant to this Agreement, including but not limited to, the Severance and other benefits set forth in Section 10. Section 19: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, and addressed as follows: With a copy to: THE DIRECTOR: Board Chair 6130 Sunset Drive South Miami, FL 33143-5093 Board Attorney 6130 Sunset Drive South Miami. FL 33143-5093 Board Secretary 6130 Sunset Drive South Miami, FL 33143-5093 Evan Fancher 1801 SW 32nd Ave, Apt. 306 Miami FL 33145 Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission with the United States Postal Service, or as of the date of transmission of an email, or other electronic transmission that provides evidence of delivery Section 22: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the SMCRA Board and the Director relating to the employment of the Director by the SMCRA Board. Any prior discussions or representations by or between the SMCRA Board and the Director are merged into and rendered null and void by this Agreement. The SMCRA Board and the Director, by mutual written agreement, approved by written resolution of the SMCRA Board, may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the SMCRA and the Director as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on January 8, 2018. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be Q in full force and effect as if they have been executed by both SMCRA Board and the Director subsequent to the expungement or judicial modification of the invalid provision. D. Precedence. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of City of South Miami or Miami - Dade County ordinance, SMCRA policies, rules, and regulations, the SMCRA Plan, or any permissive state or federal law, then, unless otherwise prohibited by law, the terms and provisions of the City of South Miami Charter or ordinance, or SMCRA policies shall take precedence over contrary terms and provision of this Agreement. E. The word "consent" or "approval" or similar words, as used in connection with the action or intent of the SMCRA Board shall mean that such SMCRA action or intent is expressed in a written resolution duly passed and adopted at a regular or special public meeting of the SMCRA Board, otherwise the irrefutable presumption shall be that the SMCRA Board did not give its consent or approval. South Miami Community Redevq)opment Agency Signature:i' Philip K. Stoddard, Board Chair Executed this day of January, 2018. Signature: Evan Fancher Executed this ' - day of January, 2018. U