Resolution No. 2024-37 Appointing Bryan Pegues as City Manager - July 2, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-37
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING BRYAN PEGUES TO SERVE AS
THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA;
APPROVING AN EMPLOYMENT AGREEMENT BETWEEN BRYAN
PEGUES 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 I I I 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 careful consideration and discussion the City Commission
desires to appoint the current Deputy City Manager, Bryan Pegues, 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 Bryan Pegues 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. Bryan Pegues is hereby appointed to serve as the next City Manager
for the City of Aventura, as of November 4, 2024.
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 Kruss, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Michael Stern Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
City of Aventura Resolution No. 2024-37
PASSED AND ADOPTED this 2nd day of July, 2024.
H WARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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CITY OF AVENTURA
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of July, 2024, between the CITY OF
AVENTURA, Florida, a Florida municipal corporation, hereinafter referred to as the "CITY" or
"City" and BRYAN PEGUES, hereinafter referred to as "CITY MANAGER", 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 Bryan Pegues 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 Bryan Pegues as City Manager for a term hereinafter described
consistent with the terms, conditions and covenants of the Charter of the City of Aventura.
Bryan Pegues shall commence employment as City Manager of the CITY on November
4, 2024.
1.2 The City shall pay and compensate the CITY MANAGER for his services commencing on
November 4, 2024, an initial base salary for the first year of service under this Agreement
in the amount of Two Hundred Thirty-Seven Thousand Five Hundred ($237,500) 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, 2025,
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.
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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 agrees
that all contributions made on the CITY MANAGER'S behalf are immediately 100%vested
when deposited into the fund.
1.4 The City shall agree to pay CITY MANAGER's annual deferred compensation in equal
proportionate amount each pay period into the Mission Square Section 457 Retirement
Fund equal to the maximum annual amount authorized by Section 457 of the Internal
Revenue Code. CITY MANAGER shall be responsible for paying any and all taxes related
to withdrawal transactions associated with this fund. City agrees that all contributions
made on the CITY MANAGER's behalf are immediately 100% vested when deposited into
the fund.
1.5 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 this continued professional participation, growth and
advancement, and for the good of the CITY. (i.e., ICMA, FCCMA).
1.6 The City shall lease, rent or purchase a Ford Explorer (or comparable vehicle) at the
discretion of the CITY for exclusive and unrestricted use by the CITY MANAGER at all
times during his tenure with the CITY as CITY MANAGER. The CITY shall be responsible
for all costs associated with the acquisition, operation, maintenance, repair and
replacement of the vehicle.
1.7 The CITY shall provide at no cost to the CITY MANAGER the necessary equipment,
including, but not limited to, a cellular telephone, laptop/iPad, a home printer with scanning
features, in order to perform the essential functions of the job.
1.8 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. Upon separation from
employment, the CITY shall continue to make the required premium payments as
described above for the CITY MANAGER until the CITY MANAGER reaches the age of
sixty-five (65). Upon separation and until age sixty-five (65), the CITY MANAGER will be
responsible for the required premiums payments for eligible dependents at the rates
established for City employees during the applicable plan year.
1.9 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, with the following exceptions: 1) the CITY MANAGER shall be provided with an
allocation of a total of twenty (20) days of vacation leave each year, and two (2) additional
days of personal leave each year, immediately available to the CITY MANAGER at the
beginning of each calendar year and unused vacation leave shall be rolled over from one
calendar year to the next and shall not be capped; 2) before the commencement of this
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agreement, the CITY MANAGER shall receive a payout of 400 hours of vacation leave
earned in his prior positions with the City, calculated based on his current salary as
Assistant City Manager; 3) the sick leave balance of the CITY MANAGER is not capped;
and all accrued sick leave earned in his prior positions shall be rolled over;4)commencing
November 4, 2024, the CITY MANAGER will immediately begin accruing vacation and
sick leave at the maximum accrual rates under CITY policies and 5) upon separation from
employment, CITY MANAGER shall be paid for all accrued vacation/personal leave and
sick leave.
1.10 The City shall budget and 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 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.
1.11 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.
1.12 The City shall pay the cost of any bonds required of the CITY MANAGER under any law,
ordinance or the Charter of the City.
1.13 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
MANANGER, provided that such terms and conditions are not in conflict with the
provisions of this Agreement, the City Charter, or applicable law.
1.14 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 4, 2024, 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 ofAventura.
2.2 To fulfill the obligations and responsibilities provided for in the Charter and Code of the
City ofAventura 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.
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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 ofAventura. The CITY MANAGER agrees to remain in the
exclusive employ of City from November 4, 2024 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 July 2, 2024, 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 4, 2024.
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 4, 2024, the City Commission may, at its sole
discretion, increase the sixteen (16)weeks of severance pay (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 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.
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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 recital stated in the preamble of 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 July 2, 2024, 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 the
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: CITY OF AVENTURA
Ellisa L. Horvath, M G� Howard S. Weinberg, Esq.
City Clerk Mayor
Approved as to
Legal Sufficiency for City's Reliance Only:
Robert Meyers
City Attorney
Weiss Serota Helfman Cole + Bierman, P.L.
BRYAN PEGUES
3-
By: -- _
Bryan Pi gues
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