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Resolution No. 2018-86 Appointing Ronald J. Wasson as City Manager - October 18, 2018 RESOLUTION NO. 2018-86 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING RONALD J. WASSON TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN RONALD J. WASSON 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 III 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 Ronald J. Wasson as the next City Manager of the City of Aventura as provided by Article Ill of the City Charter; and WHEREAS, the attached Employment Agreement (Exhibit "A") has been negotiated between Ronald J. Wasson 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. Ronald J. Wasson is hereby appointed to serve as the next City Manager for the City of Aventura, as of November 14, 2018. Section 2. The Mayor is hereby authorized to execute the attached Employment Agreement (Exhibit "A") as approved by the City Commission. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Dr. Marks, who moved its adoption. The motion was seconded by Commissioner Shelley, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2018-86 PASSED AND ADOPTED this 18th day of October, 2018. g()P(j . - ENID WEISMAN, MAYOR 4137* *I ` c 4015 ATTEST: est it... ELLISA L. HORVATH ir C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: 7v\....„ii j/..), k_____,CliN v? CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 18th day of October, 2018, between the CITY OF AVENTURA, Florida, a Florida municipal corporation, hereinafter referred to as the "CITY" or "City" and RONALD J. WASSON, hereinafter referred to as "CITY MANAGER" or "Ronald J. Wasson", 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, the CITY desires to employ the services of Ronald J. Wasson 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 Ronald J. Wasson as City Manager for a term hereinafter described consistent with the terms, conditions and covenants of the Charter of the City of Aventura. Ronald J. Wasson shall commence employment as City Manager of the CITY on November 14, 2018. 1.2 The City shall pay and compensate the CITY MANAGER for his services commencing on November 14, 2018, an initial base salary for the first year of service under this Agreement in the amount of Two Hundred Five Thousand ($205,000) Dollars, payable in accordance with the regularly scheduled method of compensation for other municipal employees of the CITY. 1 1.2.1 For each City fiscal year hereafter, commencing with October 1, 2019, 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 Using the City's established evaluation criteria and process, the City Commission shall review and evaluate the performance of CITY MANAGER annually at a time established by 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 his 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 his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the CITY. (ie: ICMA, FCCMA). 1.5 The City shall provide to the CITY MANAGER a vehicle allowance in the amount of $500 each month, and a cell phone stipend in the amount of $70 each month. 1.6 The City shall provide and make the required premium payments for health and hospitalization, major medical, disability, and dental insurance, for CITY MANAGER and his eligible dependents, if any, through the CITY's group health, hospitalization, major medical, dental insurance and disability insurance program. 1.7 The 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, except that the CITY MANAGER shall be provided with an allocation of a total of twenty (20) days of vacation leave each year, and two (2) days of personal leave each year. 1.8 The City shall budget and pay for the reasonable and customary travel and subsistence expenses of the CITY MANAGER for professional and official travel 2 and meetings and seminars adequate to continue the professional development of CITY MANAGER and to adequately pursue his 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 his 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 provisions of this Agreement, the City Charter, or applicable law. 1.12 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. 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 14, 2018, as City Manager of the City of Aventura, Florida, 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. 3 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 14, 2018 through the term of this Agreement, 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 his position with the CITY, the CITY MANAGER shall provide CITY with four (4) months written notice in advance, unless the parties otherwise agree in writing to a different period of time. SECTION 3. TERM 3.0 This Agreement shall be effective from and after October 18, 2018, and shall be for an indefinite term in accordance with Section 4 of this Agreement. The actual commencement of employment date of the CITY MANAGER shall be on November 14, 2018. 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 sixteen (16) 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 his termination or within thirty (30) days thereafter. Moreover, once the CITY MANAGER has satisfactorily served the CITY for a one (1) year period of time following commencing service on November 14, 2018, the City Commission may, at its sole discretion, increase the sixteen (16) weeks of severance pay which is described above to a total of twenty (20) weeks of severance pay. However, in the event CITY MANAGER is terminated for the conviction of an illegal act or for misconduct as referenced in 4 Sec. 215.425(4)(a)(2), F.S., CITY shall have no obligation to pay the respective sixteen (16) weeks or twenty (20) weeks of severance pay which is referenced above. 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. 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 Upon execution by the parties, this Agreement shall be effective immediately from and after October 18, 2018, and shall be binding upon and inure to the benefit of the CITY and 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, so that the provisions of this Agreement are severable. IN WITNESS WHEREOF, the CITY OF AVENTURA has caused this Agreement to be signed and executed on its behalf by its 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: � .•__ �� CIT F AVENT RA: 761 By. _ ALT Ellisa L. Horvath, MOW ityav? ��� Enid Weisman, Mayor -,� fL( 4,o "-ter 5 Approved as to Legal Sufficiency for City's F4ance Only: City Attorney RONA § J. 'S ON: Bye -.11 AS ,. Ronal: J. W.F.so• 6