Resolution No. 2017-67 Appointing Susan L. Grant as City Manager and Approving Employment Agreement - November 7, 2017 RESOLUTION NO. 2017-67
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING SUSAN L. GRANT TO SERVE AS
THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA;
APPROVING AN EMPLOYMENT AGREEMENT BETWEEN SUSAN L.
GRANT AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED
EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Article Ill of the City Charter of the City of Aventura requires that
there shall be a City Manager who shall be the Chief Administrative Officer of the City
as appointed by the City Commission; and
WHEREAS, following an extensive search the City Commission desires to
appoint Susan L. Grant as the next City Manager of the City of Aventura as provided by
Article III of the City Charter; and
WHEREAS, the attached Employment Agreement (Exhibit "A") has been
negotiated between Susan L. Grant and the City of Aventura; and
WHEREAS, the City Commission desires to authorize the Mayor to execute the
attached Employment Agreement outlining the terms and conditions agreed to by both
parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Susan L. Grant is hereby appointed to serve as the next City
Manager for the City of Aventura, as of January 6, 2018.
City of Aventura Resolution No. 2017-67
Section 2. Prior to that time, Susan L. Grant shall commence her employment
within the City administration on November 27, 2017, to allow for a transition period with
current City Manager Eric Soroka.
Section 3. The Mayor is hereby authorized to execute the attached
Employment Agreement (Exhibit "A") as approved by the City Commission.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Vice Mayor Shelley, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 7th day of November, 2017.
Page 2 of 3
City of Aventura Resolution No. 2017-67
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH,'C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF AVENTURA
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 7th day of November, 2017, between
the CITY OF AVENTURA, Florida, a Florida municipal corporation, hereinafter referred
to as the "CITY" or " City" and SUSAN L. GRANT , hereinafter referred to as "CITY
MANAGER" or "Susan L.Grant" , both of whom understand and agree, as follows:
WITNESSETH:
WHEREAS, Article III, Section 3.01. of the Charter of the CITY requires that
there shall be a City Manager who shall be the Chief Administrative Officer of the CITY;
and,
WHEREAS, CITY desires to employ the services of Susan L. Grant as City
Manager of the City of Aventura as provided by Article III of the City Charter, and in
accordance with this Agreement; and
WHEREAS, the parties have indicated their interest in entering into this
Agreement for the purposes of establishing the basis, framework and context for the
relationship which shall exist between the CITY and CITY MANAGER.
NOW THEREFORE, in consideration of the promises, the mutual covenants,
conditions, provisions and undertakings herein contained, and for other good and
valuable consideration , the parties do mutually covenant and agree with each other as
follows:
SECTION 1.
TERMS AND CONDITIONS -- CITY
1.0 The CITY and City Manager agree as follows:
1.1 The CITY shall employ Susan L. Grant as City Manager for a term hereinafter
described consistent with the terms, conditions and covenants of the Charter of
the City of Aventura. Susan L. Grant shall commence employment within the
City administration effective upon November 27, 2017, and shall begin her
service as City Manager on January 6, 2018, so that she has the opportunity to
work with and for current and long- time City Manager Eric M. Soroka from
November 27, 2017 until Mr. Soroka's retirement on January 5, 2018( the "
Transition Period" ).
1 .2 The City shall pay and compensate the CITY MANAGER for her services
commencing on November 27, 2017, an initial base salary for the first year of
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service under this Agreement in the amount of Two Hundred Twenty Thousand
$220,000) Dollars , payable in accordance with the regularly scheduled method
of compensation for other municipal employees of the CITY.
1 .2.1 For each City fiscal year hereafter, commencing with October 1 , 2018, CITY
MANAGER shall receive the standard annual salary increase percentage
amount which is granted to all other general employees of the City.
1 .2.2 The CityCommission shall review and evaluate the
performance of CITY
MANAGER annually at a time established by the City Commission . Said review
and evaluation shall be in accordance with specific criteria developed jointly by
the City Commission and CITY MANAGER. Further, the City Commission may
provide CITY MANAGER with a summary written statement of the findings of the
City Commission and provide an adequate opportunity for CITY MANAGER to
discuss her evaluation with the City Commission. Based on the results of the
annual evaluation, the City Commission may, in its sole discretion, grant a merit
salary increase and/or other benefits upon an affirmative vote of the majority of
the City Commission.
1.3 The City shall take whatever action is reasonably necessary, including executing
the necessary agreements provided by the ICMA Retirement Corporation, to
deposit into the International City Management Association Pension Fund (401
Plan for City Managers) on behalf of the CITY MANAGER an amount equal to
18% of CITY MANAGER'S base salary, in equal proportionate amounts each
pay period, and to transfer ownership to succeeding employers upon CITY
MANAGER'S resignation or termination. CITY MANAGER shall not be required
to contribute to any retirement or deferred compensation fund. However, the
CITY MANAGER may voluntarily contribute a portion of her compensation into a
457 Deferred Compensation plan at no expense to the City.
1 .4 The City shall budget and pay for all reasonable and customary professional
dues and subscriptions of the CITY MANAGER which are necessary for her
continuation and full participation in national, regional, state and local
associations and organizations necessary and desirable for her continued
professional participation, growth and advancement, and for the good of the
CITY. (ie: I.C.M.A., FCCMA, GFOA, FICPA, AICPA).
1 .5 The City shall provide to the CITY MANAGER a vehicle allowance in the amount
of $600 each month, and a cell phone stipend in the amount of $70 each month.
1.6 Commencing upon January 1, 2018, the City shall provide and make the
required premium payments for health and hospitalization, major medical,
disability, and dental insurance, for CITY MANAGER and her eligible dependents
through the CITY's group health, hospitalization, major medical, dental insurance
and disability insurance program. Further, commencing upon January 1 , 2018,
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the City shall contribute $1,500 annually towards the cost of the CITY
MANAGER'S existing Life Insurance Policy.
1.7 Effective upon the completion of a six (6) month performance review by the City
Commission to be held on or before July 6, 2018, at which the City Commission
finds that the CITY MANAGER'S performance is satisfactory, the City shall
credit the CITY MANAGER with four (4) weeks of vacation leave. Further,
effective upon July 6, 2019, if the CITY MANAGER'S performance continues to
be satisfactory, the City shall credit the CITY MANAGER with two (2) additional
weeks of vacation leave. Except for the total of up to six (6) weeks of specially
credited additional vacation leave which is described above, CITY shall provide
the CITY MANAGER with the same holidays, vacation, sick and other leave
benefits and accruals as would be accorded any department head position of
CITY. However, in the event that the CITY MANAGER is terminated from City
employment pursuant to Section 4 below, the City's regular limit upon the carry
over of unused vacation leave time from one year to the next year, shall not
apply to any portion of the above described six (6) weeks of vacation time
credited to the CITY MANAGER.
1 .8 The City shall budget and to pay for the reasonable and customary travel and
subsistence expenses of the CITY MANAGER for professional and official travel
and meetings and seminars adequate to continue the professional development
of CITY MANAGER and to adequately pursue her necessary official and other
functions for CITY. Such professional meetings may include the International
City Management Association, Florida City and County Management
Association, National League of Cities, Florida League of Cities, and Miami-
Dade County League of Cities.
1.9 The City shall defend, save harmless and indemnify CITY MANAGER against
any tort, professional liability claim or demand or other legal action arising out of
an alleged act or omission occurring in the performance of her duties as CITY
MANAGER to the fullest extent authorized by applicable law.
1 .10 The City shall pay the cost of any bonds required of the CITY MANAGER under
any law, ordinance or the Charter of the City.
1 .11 The City Commission may establish such other terms and conditions of
employment, as the Commission may determine from time to time, relating to
the performance of CITY MANAGER, provided that such terms and conditions
are not in conflict with the provsions of this Agreement, the City Charter, or
applicable law.
1 .12 Except in those circumstances in which the City Commission declares or
receives notification from the Governor of a condition of financial emergency for
the City pursuant to Section 218.503, F.S., the City shall not at any time during
the term of this Agreement reduce the salary, compensation or other financial
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benefits of the CITY MANAGER. Further, the CITY MANAGER will receive all
other benefits which the City provides to department directors in accordance with
the City's policies as existing from time to time.
1.13 The City shall reimburse CITY MANAGER in the amount of Two Thousand Five
Hundred ($2,500) Dollars for moving and relocation expenses incurred by CITY
MANAGER in relocating her residence from Coral Springs to the City of
Aventura, in accordance with paid receipts and related documents to be provided
to the City by the CITY MANAGER .
SECTION 2.
TERMS AND CONDITIONS--CITY MANAGER
2.0 The CITY MANAGER agrees as follows:
2.1 To commence employment with the City on November 27, 2017 for the
Transition Period , and to serve as City Mananager of the City of Aventura,
Florida, commencing on January 6, 2018, as described herein, and in
accordance with the terms, conditions and provisions contained in the Charter
and Code of the City of Aventura.
2.2 To fulfill the obligations and responsibilities provided for in the Charter and Code
of the City of Aventura and to perform all functions and duties as the Chief
Administrative Official of the CITY in a professional and respectable fashion and
with full decorum historically required of the City Manager of CITY and as
required for City Managers generally in Miami- Dade County, Florida, and the
standards and Code of Ethics of the International City Management Association,
and applicable local, county, state and federal ethics codes.
2.3 That the position of CITY MANAGER is an exempt position pursuant to the
federal Fair Labor Standards Act. Accordingly, the CITY MANAGER shall do all
things necessary and required to be available to the CITY, its commissioners,
agents, servants and employees during the course of this Agreement consistent
with good and respectable management requirements and as otherwise dictated
and provided by this Agreement, the Charter and Code of Ordinances of the City
of Aventura. The CITY MANAGER agrees to remain in the exclusive employ of
City from November 27, 2017 through the term of this Agreeement, and not to be
employed by any other employer, while in the employment of the City, unless
otherwise expressly authorized in writing by the City Commission.
2.4 In the event CITY MANAGER determines to voluntarily resign her position with
the CITY , the CITY MANAGER shall provide CITY with three (3) months written
notice in advance, unless the parties otherwise agree in writing to a different
period of time.
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SECTION 3.
TERM
3.0 This Agreement shall be effective from and after November 7, 2017 and shall be
for an indefinite term in accordance with Section 4. of this Agreement. The
actual employment date of the CITY MANAGER shall be in accordance with the
Transition Period which is described in Section 1 .1 above.
SECTION 4.
REMOVAL OF CITY MANAGER
4.0 The CITY MANAGER shall serve at the pleasure of the City Commission. In the
event the CITY Commission wishes to terminate the employment of the CITY
MANAGER it shall do so in accordance with Article III, Section 3.08. of the CITY
Charter.
4.1 In the event CITY MANAGER is terminated by the CITY , the CITY agrees to pay
CITY MANAGER severance pay in an amount equal to twenty (20) weeks of
salary, plus any accrued sick leave, vacation leave and other accrued benefits.
CITY hereby expressly warrants and represents that said severance payments
shall be paid to CITY MANAGER in a lump sum upon her termination or within
thirty (30) days thereafter. In the event CITY MANAGER is terminated for the
conviction of an illegal act or for misconduct as referenced in Sec.
215.425(4)(a)(2), F.S., CITY shall have no obligation to pay the twenty (20)
weeks of severance pay which is designated herein.
SECTION 5.
GENERAL PROVISIONS
5.0 It is understood and agreed that this document incorporates and includes all
prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and that the parties
agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements whether oral or
written.
5.1 It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and with equal dignity herewith.
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5.2 The recitals stated in the preamble to this Agreement are incorporated herein by
reference and shall constitute a part of this Agreement.
5.3 This Agreement shall be binding upon and inure to the benefit of the CITY and
CITY MANAGER and the heirs at law and executors of the CITY MANAGER.
5.4 In the event that any provision of this Agreement is found by a court of competent
• jurisdiction to be illegal or in conflict with applicable law, the validity of the
remaining provisions of this Agreement shall not be affected or impaired.
IN WITNESS WHEREOF, the CITY OF AVENTURA has caused this Agreement
to be signed and executed on its behalf by it's Mayor , as duly authorized by
Resolution of the City Commission, and duly attested by its City Clerk, and the
CITY MANAGER has signed and executed this Agreement on the day and year
first above written.
Attest: ?
7 CITY OF/ . VE TURA:I .417 F/J•y
City Clerk sQs
�� Ma .r7nid Weisman
Ft 011'
Approved as to f•r' S'`
Legal Sufficiency for City's Reliance Only:
City Attorney
SUSAN GRANT:
By: 40 .' �. / .
S an L. Grant F
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