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Res No 016-20-15456RESOLUTION NO. 016-20-15456 A Resolution of the Mayor and City Commissioners of the City of South Miami appointing Sharareh Kamali as City Manager and approving her contract. WHEREAS, Sharareh Kamali has been a member of the International City/County Management Association (lCMA) for approximately 10 years and she has been the Deputy City Manager at the City of South Miami ("City") since 2014; and WHEREAS, as Deputy City Manager, she directly manages Code Enforcement, Personnel Divisions, Public Works and other Departments as assigned by the City Manager and, from time-to-time, she has been appointed as the Acting City Manager; and WHEREAS, Mrs. Kamali's role at the City involves administrative work assisting the City Manager and directing the senior staff in the coordination and administration of a variety of City-wide services; and WHEREAS, her other responsibilities involve formulating and carrying out administrative principles, practices and techniques designed to improve the effectiveness and efficiency of city governmental services; and WHEREAS, she has displayed and exercised considerable independent judgment in determining proper courses of action in City matters. The ability to analyze and recommend policies and procedures with strategic foresight is a critical element of her position, as is the ability to propose innovative approaches to complex problems with respect to the impact of those decisions City-wide; and WHEREAS, she performs highly responsible and complex professional administrative work while assisting the City Manager with the direction and coordination of the activities of assigned City Departments and/or Divisions; provides leadership in implementation of policies and procedures, promotes effective and efficient operations throughout the organization by facilitating interdepartmental cooperation and sharing of resources, and provides responsible assistance to the City Commission; and WHEREAS, Mrs. Kamali is an accomplished leader and manager with more than 30 years diverse management experience including both the private and public sectors with extensive and varied administrative experience, including budget development and administration, the management of contracts and capital improvement projects, creative problem solving, human resource administration, supervision of multiple divisions and departments; and WHEREAS, Mrs. Kamali was the Director of Public Utilities, Public Works and Community Development (Public Services) for the City of North Miami Beach from 2010 to 2014. At that time the city had a population of 42,000 residents and a water utility customer base of 185,000. While at the City of North Miami Beach she was able to reduce the City's expenses by 25% while continuing to deliver excellent services. Her duties included the Page 10f3 Resolution No. 016-20-15456 guidance and leadership for all operations of the Public Services Department, which includes Planning & Zoning, Building, Business Tax Receipt, Code Enforcement, Beautification, Streets, Drainage and Stormwater, Facility Maintenance, Solid Waste, Recycling, Fleet Maintenance, Engineering, Inspections, CIP, Water Treatment Plant, Water Distribution, Meter, and Wastewater, as well as the administration of Grants, Public Information, Water Conservation and Utility Neighborhood Relations. While at the City of North Miami Beach she managed 258 employees and developed and managed an extensive departmental budget. Her budgetary responsibilities included a $69 million-dollar general fund/enterprise fund budget, a $10 million- dollar Solid Waste budget and $30 million dollars in Capital Improvement projects and Grants for the construction of those projects; and WHEREAS, Mrs. Kamali worked for the City of Homestead from 2005 to 2010 as the City's Director of Developmental Services, Planning and Zoning where she reviewed and approved over 10,000 new residential units, 650,000 square feet of commercial construction, and 150,000 square feet of warehouse construction. She provided advice to the City for all phases of the construction process including programming, review of design, review of construction documents, assistance in the bidding process and construction management. She provided general oversight to all the construction projects from initiation to completion throughout the City including Public Works and Park and Recreations projects and she oversaw the construction documents for the 80,000 square feet, 30-million-dollar City Hall from start to fmal completion. In her role managing the Planning and Zoning Division, she prepared and managed the City's Comprehensive Plan, including the preparation of its Evaluation and Appraisal Reports, and land development regulations. She also administered growth management and annexations as well as directed several large-scale area-wide master plans including the City's Northwest Master Plan, Southwest Master Plan and Commercial Development Guidelines; and WHEREAS, she is an extremely effective leader with a unique ability to get the most out of available resources; and WHEREAS, the current City Manager, Steven Alexander, has announced his retirement that will be effective in approximately four months; and WHEREAS, it is important for the City to have a smooth transition between City Managers when Mr. Alexander retires. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City of South Miami Commission hereby appoints Sharareh Kamali as City Manager, effective as of the date of the expiration of Steven Alexander's contract on May 20, 2020, or the earlier termination of his employment, and substantially under the same terms and conditions as Mr. Alexander's contract. A copy of Mrs. Kamali's proposed contract is attached. Page 2 of3 Resolution No. 016-20-15456 Section 2. Corrections. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 4tb day of February, 2020. ATTEST: COMMISSION VOTE: 5=0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 3 of3 EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI, FLORIDA, AND SHARAREH KAMAL! This Agreement, made and entered into this 4 day of. February • 2020, by and between the City of South Miami, Florida, a municipal corporation, (hereinafter called "City") and Sharareh Kamali, (hereinafter called "City Manager"), an individual who has the education, training and experience in local government management and who, as a member of the International City/County Management Association (lCMA), is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1: Term A. The term of this Agreement shall be for an initial period of 3 years from 20.. day of _ May • 2020, and, after the second year, the City shall have the option to add two (2) additional years to the term of this contract. In the event that the City Manager is terminated, as defined in Section 9 of this Agreement, the City Manager shall be entitled to all compensation that shall include salary, accrued vacation and car allowance. This compensation shall be paid in a lump sum or, at the City's option, in a continuation of salary, on the existing [biweekly/monthly] basis, up until the date of termination. Section 2: Duties and Authority A. The City agrees to employ Sharareh Kamali as City Manager to perform the functions and duties specified in Article III, Section 5 of the Charter for the City of South Miami and to perform other legally permissible and proper duties and functions without interference. B. The City Manager is the chief executive officer of the City and shall faithfully perform the duties as prescribed in the job description as set forth in the City's charter and ordinances and as may be lawfully assigned by the City Commission and shall comply with all lawful governing body directives, county, state, and federal law, City policies, rules and ordinances as they exist or may hereafter be amended or enacted. C. It shall be the duty of the City Manager to employ, direct, assign, reassign, evaluate, and to accept resignations of all of the employees of the City under her supervision consistent with policies, ordinances, charter, state and federal law. D. It shall also be the duty of the City Manager to organize, reorganize, and arrange the staff of the City and to develop and establish internal regulations, rules, and procedures which the City Manager deems necessary for the efficient and effective operation of the City consistent with the lawful directives, policies, ordinances, city charter, county, state and federal law. E. The City Manager shall perform the duties of city manager of the City with reasonable care, diligence, skill and expertise. F. All duties assigned to the City Manager by the governing body shall be appropriate to and consistent with the professional role and responsibility of the City Manager. Page 1 of8 G. The City Manager cannot be reassigned from the position of City Manager to another position without the City Manager's express written consent. H. The City Manager or designee shall attend, and shall be permitted to attend, all meetings ofthe governing body, both public and closed, or otherwise consistent with state law. I. The governing body, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints and suggestions called to their attention to the City Manager for study and appropriate action. Section 3: Compensation A. Base Salary: City agrees to pay City Manager an annual base salary of $211,774.99 payable in installments at the same time that the other management employees of the City are paid, and the salary shall be subject to the same cost of living increase as other City employees. During the first three years of this Contract, the City Manager shall not apply for or accept any employment in a public administrative position without the consent by resolution of the City Commission. Section 4: Health, Disability and Life Insurance Benefits A. The City agrees to provide and ~o pay the premiums for health, hospitalization, surgical, vision, dental, and comprehensive medical insurance for the City Manager and her dependents, at a minimum, equal to that which is provided to all other employees ofthe City. B. The City agrees to put into force and to make required premium payments for disability coverage for the City Manager. C. The City shall pay the amount of premium due for term life insurance in the amount of two (2) times the City Manager's annual base salary, including all increases in the base salary during the life of this Agreement. Section 5: Vacation and Sick The City Manager shall accrue sick leave at the rate of one (1) day per month. Vacation leave shall accrue at the rate of 2.33 days per month. The City Manager shall be entitled to accrue and retain, at the termination of this Agreement, accrued vacation and sick leave. Section 6: Automobile The City agrees to pay to the City Manager, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $600 per month, payable monthly, as a vehicle allowance, or at the City Manager's option, a late model City vehicle selected by the City Manager and purchased by the City. The monthly allowance shall be changed annually by the change in the Consumer Price Index used by the City for determining the cost of living increase in the City Manager's salary. Section 7: Retirement The City agrees to pay an amount equal to fourteen 14 percent (14%) of the City Manager's Page 2 of8 salary into a retirement plan, designated by the City Manager and on the City Manager's behalf, in equal proportionate amounts each pay period. Section 8: General Business Expenses A. The City may budget and pay for professional dues, travel, short courses, and seminars. B. City shall pay for or reimburse the City Manager for all ordinary, necessary and reasonable business expenses incurred or paid by the City Manager in furtherance of City's objectives, all of which shall be reimbursed and paid in accordance with City's policies and procedures of general application. The City shall provide the City Manager with a credit card to be used by the City Manager to pay for these expenses. C. Recognizing the importance of constant communication and maximum productivity, the City shall provide the City Manager with a laptop computer, software, and a monthly allowance of one hundred fifty dollars ($150) for mobile phone. Section 9: Termination A. This Agreement may only be terminated for the reasons set forth in this section. For the purpose of this Agreement, termination shall occur: 1. If three members of the governing body vote to terminate the City Manager without cause (as defined in this Agreement) at a properly posted and duly authorized public meeting or if the City Commission fails to appropriate each year an amount sufficient from available funds of the municipality to pay all financial obligations of the City pursuant to this Agreement for that year, including but not limited to, the severance and other benefits set forth in Section 10. 2. If any provisions of the charter or code of ordinances pertaining to the role, powers, duties, authority and responsibilities of the City Manager's position that . substantially changes the form of government, the City Manager shall have the right to declare that such amendments constitute termination. 3. The City shall not reduce the base salary, compensation or any other financial benefit of the City Manager and, if it does, such action shall constitute a breach of this Agreement and will be regarded as a termination unless the City enacts salary reductions for Department heads and general employees to the same extent. In the latter event, the City Manager's salary may be reduced accordingly and such event shall not be an event oftermination or breach. 4. If the City Manager resigns following an offer to accept her resignation, by resolution ofthe majority ofthe governing body, then the City Manager may resign and declare a voluntary termination as of the date of the resolution. 5. The City Manager is found to have committed an act of fraud or dishonesty, or she is conviction of any criminal act (except for minor traffic infractions), or she is in substantial breach of this Agreement (hereinafter referred to as termination Page 3 of8 for cause). Written notice of any of these grounds for tennination shall be provided to the City Manager at least 15 days prior to the adoption of a resolution that tenninates the City Manager's employment. 6. The City Manager resigns as provided in Section 11, without a request from the commission as set forth in paragraph 4 above. Section 10: Severance Severance shall be paid to the City Manager when employment is tenninated as defined in Section 9, unless tennination is for cause, as provided for in paragraph 5 of Section 9, or due to her voluntary resignation as provided in paragraph 6 of Section 9. When severance is owed, the City shall provide a minimum severance payment equal to four (4) months salary at the then current rate of pay as well as the benefits set forth in Sections 4, 5 6 and 7 of this Agreement. This severance shall be paid in a lump sum or in a continuation of payment of salary and benefits on the existing biweekly/monthly basis, at the City's option. A. The City agrees to continue contributing to the City Manager's retirement account or plan in effect on the date of tennination, at the rate in effect on the date of tennination during the severance period. B. For the severance period following tennination, the City shall pay the cost to continue the following benefits: 1. Health insurance for the City Manager and all dependents as provided in Section 4A, after which time, City Manager will be provided access to health insurance pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). 2. All other benefits set forth in this Section. If the City Manager is tenninated for the causes set forth in paragraph 5 of Section 9, or voluntarily resigns, then the City is not obligated to pay severance under this section. Section 11: Resignation In the event that the City Manager voluntarily resigns her position with the City without a request from the City Commission, as set forth in paragraph 4 of Section 9, the City Manager shall provide a minimum of thirty (30) days' notice unless the City Commission and the City Manager agree otherwise. Section 12: Performance Evaluation A. The City may annually review the perfonnance of the City Manager in May of each year, in accordance with the process, fonn, criteria, and fonnat for the evaluation, which shall be mutually agreed upon by the City and the City Manager. B. The annual evaluation process, at a minimum, shall include the opportunity for both parties to: Page 4 of8 1. conduct a formulary session where the governing body and the City Manager meet ftrst 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 City Manager. The ftnal written evaluation, prepared by each commission member individually, shall be completed and delivered to the City Manager and the City Clerk within thirty (30) days of the initial formulary evaluation meeting, if any. Section 13: Hours of Work The City recognizes that the City Manager must devote a great deal of time outside the normal office hours on business for the City, and to that end City Manager shall be allowed to establish an appropriate work schedule. The schedule shall be appropriate to the needs ofthe City and shall allow the City Manager to faithfully perform her assigned duties and responsibilities. Section 14: Ethical Commitments The City Manager will at all times uphold the tenets of the ICMA Code of Ethics. Speciftcally, the City Manager shall not endorse candidates, make ftnancial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or proftt derived from conftdential information or misuse of public time. Provided, however, the City Manager may attend fundraisers for issues or candidates, excluding City of South Miami issues or Mayor/Commission seats. The City shall support the City Manager in keeping these commitments by refraining from any order, direction or request that would require the City Manager to violate the ICMA Code of Ethics. Speciftcally, neither the governing body nor any individual member thereof, shall request the City Manager 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. Section 15: Outside Activities The employment provided for by this Agreement shall be the City Manager's primary employment. Recognizing that certain outside consulting or teaching opportunities provide indirect beneftts to the City and the community, the City Manager may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements must not create a conflict of interest nor constitute interference with her responsibilities under this Agreement. No new revenue producing activities are permitted unless approved by resolution of the City Commission. Section 16: Indemnification A. The City shall defend, indemnify and pay all judgments or settlements in regard to any personal liability arising out of and in the scope of the City Manager's responsibilities, to the fullest extent authorized by Section 111.071, Florida Statutes, and other laws, and in accordance with South Miami Code of Ordinances Sec. 2-4.6. titled "Indemniftcation", in addition to any insurance Page 5 of8 purchased by the City. The City agrees to pay all reasonable litigation expenses of the City Manager throughout the pendency of any City of South Miami litigation to which the City Manager is a party as a result of acts or omission within the course and scope of her employment, witness or advisor to the City. Such expense payments shall continue beyond the City Manager's service to the City as long as litigation is pending. B. Nothing in this section shall constitute a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. C. Nothing in this section shall create any private right of action against the City by any third party. D. Nothing in this section shall provide for any defense, indemnification or payment if the City Manager acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. Section 17: Bonding The City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 18: Other Terms and Conditions of Employment A. The City, only upon written agreement with City Manager, approved by resolution, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of, the City Charter, local ordinances or any other law. B. Upon the termination of this Agreement for any reason (other than for cause, or voluntary termination as set forth in paragraph 4, Section 9), the City shall enter into a separate Agreement with Sharareh Kamali with a term of not less than two (2) months for management consulting relating to the transition of City Managers at her then rate of compensation including all benefits detailed 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, (by registered mail to the Mayor and the City Manager), postage prepaid, personal service, provided the recipient signs a receipt which must be produced to prove delivery, or by some other service, including e-mail (e-mail to the City Clerk constitutes delivery to the Mayor and the City Attorney), if it provides proof of delivery or receipt, and addressed as follows: CITY: With a copy to: Mayor 6130 Sunset Drive South Miami, FL 33143-5093 City Attorney 6130 Sunset Drive Page 60f8 CITY MANGER: South Miam i, FL 33143-5093 Nkenga A . Payne, CMC City Clerk 6130 Sunset Drive South Miami , FL 33143-5093 E-mail: Npayne @ southmiamifl.gov Sharareh Kamali City Manager 6130 Sunset Drive South Miami , FL 33143-5093 Notice shall be deemed given as of the date of personal service provided the recipient signs a receipt, which must be produced to prove delivery, or as the date of receipt if sent by registered mail or if delivered by some other service that provides proof of delivery. Section 20: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the City Commission and the City Manager relating to the employment of the City Manager by the City Commission. Any prior discussions or representations by or between the members ofthe City Commissioner and the City Manager are merged into and rendered null and void by this Agreement. The City Commission and the City Manager by mutual written agreement, approved by resolution of the governing body, 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 City Commission and the City Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on this 4th day of February , 2020. 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 in full force and effect as if they have been executed by both the C ity Commission and the City Manager subsequent to the expungement or judicial modification of the invalid provision . E. Precedence. In the event of any conflict between the terms , conditions and provisions of this Agreement and the provisions of the City's permissive ordinances or the City's rules and regulations , or any permissive state or federal law , then , unless otherwise prohibited by law, the terms of this Agreement shall take precedence over contrary provisions of the City's permissive ordinances, or the City's rules and regulations or any such permissive law during the term of this Agreement. Page 7 of8 F. Waiver of Jury Trial. The parties to this Agreement hereby waive any right they may have to a jury trial with regard to any matter or dispute between the parties and arising out of this Agreement. G. This contract shall be governed by the laws of the state of Florida and venue shall be in Miami-Dade County, Florida. IN WITNESS WHEREOF, the parties to this eight-page Employment Agreement between City of South Miami, Florida, and Sharareh Kamali have set their hands and seal on the date set forth below each of their names. ATTESTED: By: ~kr-ei~ Nkenga ~. Payne,C City Clerk Read and Approved as to Form, Language, Legality and Execuj D ::ereOf:~~:I~e Thomas F. Pepe City Attorney Mayor ~ ';::;;b Executed this day of ,to-,2020. ---'----=::-- SHA~REH K~L ' BY:~~ ~ Sharareh Kamali -n.,... --b Executed this ---5-day of Ie.. Page 80f8 ,2020 .