Loading...
Res No 168-22-15921RESOLUTION NO: 168-22-15921 A Resolution by the Mayor and City Commissioners of the City of South Miami appointing a City Manager and authorizing the Mayor to negotiate and execute an employment contract that is substantially the same as the attached Exhibit A. WHEREAS, on October 4, 2022, City Manager Shari Kamali announced her retirement effective January 23, 2023; and WHEREAS, thereafter, on October 4, 2022, the Mayor and City Commission adopted Resolution No. 125-22-15878 authorizing the City Manager to initiate a search for a new City Manager; and WHEREAS, pursuant to Art. Ill, Sec. 1 of the City Charter, the Mayor and City Commission are charged with the appointment of a City Manager by a majority vote of the members of the City Commission; and WHEREAS, the Mayor and City Commission have individually reviewed the qualifications of the applicants and desire to appoint one of them as the new City Manager; and WHEREAS, the City Commission wishes to further authorize the Mayor to execute an employment contract with the new City Manager on such terms consistent with the draft employment contract attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City of South Miami Commission hereby appoints Genaro Iglesias as City Manager effective as of January 23, 2023. Section 3. The Mayor is hereby authorized to negotiate and execute an employment contract with the new City Manager that is substantially the same as the attached form and with a base annual salary that does not exceed $245,000.00, subject to the approval of the City Attorney as to form, language, and legality. Section 4. Corrections. Conforming 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 5. 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 will not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This resolution will become effective immediately upon adoption. Page 1 of2 Res. No . 168 -22-1 59 21 PASSED AN D ADOPTED this 6thday of December, 20 22 . ATTEST: APPROVED: Cl~C~~! ~ RE AD AND APPR OVED AS TO FORM, COMMISSION VOTE: 5-0 LAN CITY AND EX Mayor Fernandez: Yea Vice Mayor Bonic h : Yea Commi ssioner Calle: Yea Commissioner Corey: Yea Co mmissioner Liebman: Yea Page 2 o f2 Agenda Item No:11. City Commission Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution by the Mayor and City Commissioners of the City of South Miami appointing a City Manager and authorizing the Mayor to negotiate and execute an employment contract that is substantially the same as the attached Exhibit A. 3/5 (Mayor Fernández) Suggested Action: Attachments: Reso_-_Appointment_of_City_Manager_CArev.docx City_Manager_Contract_Final 2022_Clean.docx 1 EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI, FLORIDA AND GENARO IGLESIAS This Agreement, made and entered into this 6th day of December, 2022, by and between the City of South Miami, Florida, a municipal corporation (hereinafter, the "City") and Genaro Iglesias (hereinafter, the "City Manager"), an individual who has the education, training and experience in local government management, both of whom agree as follows: Section 1: Term The term of this Agreement shall be from the 23rd day of January 2023 through to the 30 th day of September 2023. If the City Manager is terminated, as drafted in Section 9 of this Agreement, the City Manager shall be entitled to all compensation that shall include salary accrued vacation and car allowance in accordance with Section 10. 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 Genaro Iglesias as City Manager to perform the functions and duties specified in Article III, Section 5 of the Charter of the City 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 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 the employees of the City under his or 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 with reasonable care, diligence, skill and expertise. 1 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. 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 of the 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 City agrees to pay City Manager an annual base salary of $245,000.00 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. Section 4: Health, Disability and Life Insurance Benefits A. The City agrees to provide and pay the premiums for health, hospitalization, surgical, vision, dental, and comprehensive medical insurance for the City Manager and his or her dependents, at a minimum, equal to that which is provided to all other employees of the City. B. The City agrees to put into force and to make required premium payments for both short-term and long-term 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 increase 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 payment for any accrued sick and vacation time at the termination of this Agreement. Notwithstanding the foregoing, the City Manager shall be eligible for the use of up to ten (10) days of vacation time on the effective date of this Agreement (the" Advanced Vacation Benefit"). If the City Manager is terminated prior to accrual of the vacation time equal to the Advanced Vacation Benefit, the City shall deduct the value of any such non-accrued vacation time from any final compensation payable to the City Manager pursuant to Section 10. 2 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 City vehicle selected by the City Manager and purchased or leased by the City which may also be used for personal use. 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 percent (14%) of the City Manager's salary into a retirement plan, designated by the City Manager on the City Manager's behalf, in equal proportionate amounts each pay period. Section 8: General Business Expenses A. 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 This Agreement may only be terminated for the reasons set forth in this section. For the purpose of this Agreement, termination shall occur: A. If three (3) 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. 3 B. 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. C. 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 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 of termination or breach. D. If the City Manager resigns following an offer to accept his/her resignation, by resolution of the majority of the governing body, then the City Manager may resign and declare a voluntary termination as of the date of the resolution. E. In the event the City Manager is found to have committed an act of fraud or dishonesty or is convicted of any criminal act ( except for minor traffic infractions) or is in substantial breach of this Agreement (hereinafter referred to as termination for cause). Written notice of any of these grounds for termination shall be provided to the City Manager at least 15 days prior to the adoption of a resolution that terminates the City Manager's employment. F. 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 terminated as defined in Section 9, unless termination is for cause, as provided for in paragraph E of Section 9, or due to his or her voluntary resignation as provided in paragraph F 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. City agrees to continue contributing to the following benefits during the 4-month severance period: A. City Manager's retirement account or plan in effect on the date of termination, at the rate in effect on the date of termination; and B. All other benefits set forth in this Agreement. If the City Manager is terminated for the causes set forth in paragraph E of Section 9, or voluntarily resigns, then the City is not obligated to pay severance under this section. 4 Section 11: Resignation In the event the City Manager voluntarily resigns his or her position with the City without a request from the City Commission, as set forth in paragraph D of Section 9, the City Manager shall provide a minimum of thirty (30) days' notice unless City Commission and the City Manager agree otherwise. Section 12: Performance Evaluation A. The City Commission may annually review the performance of the City Manager pursuant to the requirements set forth in Section 2-4.4 of the City Code. Section 13: Hours of Work City recognizes that the City Manager may 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 of the City and shall allow the City Manager to faithfully perform his or her assigned duties and responsibilities. Section 14: Ethical Commitments The City Manager shall always uphold the tenets of the ICMA Code of Ethics. Specifically, the City Manager shall not endorse candidates, make financial contributions, sign, or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential 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 Specifically, 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 fundraising activity for individuals seeking or holding elected office, nor 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 benefits to the City and community, the City Manager may have, or elect to accept, limited teaching or speaking opportunities with the understanding that such arrangements must not create a conflict of interest nor constitute interference with his or her responsibilities under 5 this Agreement. All other outside employment by the City Manager shall be approved by resolution of the City Commission. Section 16: Indemnification A. The City shall defend, indemnify, and pay all judgments or settlements regarding any personal liability arising out of and in the scope of the City Manager's responsibiliti~s, 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 "'Indemnification," in addition to any insurance purchased by the City. The City agrees to pay all reasonable litigation expenses of the City Manager throughout the pendency of the City of South Miami litigation to which the City Manager is a party resulting from such acts or omissions within the course and scope of his or her employment, including when the City Manager is a witness or advisor to the City. Such expense payments shall continue beyond the City Manager's service to the City for as long as litigation is pending. B. Nothing in this section shall constitute a waiver of sovereign immunity or a wavier 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 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 The City, only upon written agreement with the City Manager and approved by resolution, may add 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. Section 19: Notices 6 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: CITY MANAGER: Mayor 6130 Sunset Drive South Miami, FL 33143-5093 City Attorney 6130 Sunset Drive South Miami, FL 33143-5093 Nkenga A. Payne, CMC City Clerk 6130 Sunset Drive Sou th Miami, FL 33143-5093 E-mail: NPayne@southmiamifl.gov Genaro Iglesias 8545 SW 108th Street Miami, FL 33156 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 of the City Commissioner and the City Manager are merged 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 incorporate and made 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. 7 C. Effective Date. This Agreement shall become effective on the 6th day of December 2022. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. If 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 City Commission and City Manager after 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 permissive rules and regulations or any such permissive law during the term of this Agreement. Permissive, for the purposes of this Agreement, means not mandatory. F. Waiver of Jury Trial. The parties to this Agreement hereby waive any right they may have to a jury trial regarding 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 Agreement between the City and City Manager have set their hands and seal on the date set forth below each of their names. [SIGN A TlJRE PAGE TO FOLLOW] 8 ATTESTED: e,CMC Rea d and Approved 5...!o Form, Language, Lega · and Executio Thereof: _..,e-,~- 9 CITY OF SOUTH MIAMl Genaro Iglesias City Manager 022. Executed this Cfl-day of~~v1kr, 2022.