HomeMy WebLinkAboutR-2005-075 City Manager (Pato) RESOLUTION NO. 2005-075
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
EXECUTION OF A CITY MANAGER EMPLOYMENT CONTRACT BETWEEN
IVAN PATO AND THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute a City Manager
Employment Contract on behalf of the City of Dania Beach, Florida with Ivan Pato. A copy of the
Employment Contract is attached and incorporated by this reference.
Section 2. That all resolutions in conflict with this Resolution are repealed to the extent
of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on May 10, 2005.
ANNE CASTRO
MAYOR—COMMISSIONER
ATTEST: ROLL CALL:
�- COMMISSIONER ANTON - YES
COMMISSIONER BERTINO —YES
LOUISE-STILSON COMMISSIONER MCELYEA -NO
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS . A S RO
CITY A ORNEY
EMPLOYMENT CONTRACT
CITY MANAGER
THIS IS AN EMPLOYMENT CONTRACT (the "Contract") entered into on May 11,
2005, between THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of Florida
(the "City") and Ivan Pato, an individual (the "Manager"),jointly referred to as "the Parties".
WHEREAS, the City Commission of City (the "Commission") desires to employ the
services of the Manager as City Manager of the City of Dania Beach, Florida pursuant to Part III,
Article 3, Section 3 of the City Charter; and
WHEREAS, the Manager desires to accept employment as City Manager of the City of
Dania Beach; and
WHEREAS, the parties desire to set forth in writing in this Contract the terms of
employment with the City;
In consideration of the mutual covenants, terms and conditions contained in this Contract,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged,
the parties agree as follows:
Section 1. Duties of the Cite.
Manager is employed by Commission to act as the City Manager, to exercise the powers
and perform the functions and duties specified in Part III, Article 3, Section 4 of the City Charter
and undertake such duties as are otherwise prescribed by the Commission from time to time.
•
Section 2. Term.
2.1 Manager agrees to remain in the exclusive employ of City from the date of
complete execution of this Contract until May 11, 2008, (the '`Term" of employment), and
Manager agrees neither to accept other employment nor to become employed by any other
employer until such termination date, unless the termination date is altered as provided below.
2.2 Nothing in this Contract shall prevent, limit or otherwise interfere with the right
of the Commission to terminate the services of Manager at any time, subject only to compliance
with the provisions set forth in Section 3 of this Contract. It is understood between the parties to
this Agreement that Manager shall be generally considered an "at-will" employee, subject,
however, to the terms of this Contract.
2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Manager to resign at any time from his position with City, subject only to compliance with
the provisions set forth in Section 4 of this Agreement.
•
Section 3. Termination and Severance Compensation.
3.1 In the event the employment of Manager is terminated without cause by the
Commission before the expiration of the term of employment as set forth in Paragraph 2.1 of this
40 Contract, and during such time the Manager is willing and able to perform his duties under this
Agreement, then in that event City agrees to pay Manager a lump sum cash payment (the
"severance compensation") equal to six (6) months of aggregate salary, as well as benefits and
applicable insurance coverage for the six (6) month period, provided, however, that such
termination shall require a minimum of four (4) affirmative votes of the City Commission to
terminate without cause. As provided by the City Charter (Part 1I1, Article 3, Section 3(a), no
employment contract between a City Manager and the City Commission "shall include any
provision for liquidated damages which would exceed the amount otherwise payable to the City
Manager up to the date of the natural expiration of the contract". For purposes of this Contract,
that provision means that if the employment of the Manager is terminated at any time within the
last six (6) months of the term of the Contract, then the lump sum cash payment, the benefits and
the insurance coverage shall be afforded in amounts equal to the amount of time remaining in the
term, before the expiration date of the Contract. Manager shall also be compensated for all
earned and accrued sick leave, vacation leave, holidays and all other benefits.
3.2 The Commission may terminate the employment of Manager without cause at any
time, with or without any reason or reasons given. The Commission agrees to afford the
Manager a public hearing regarding the termination, if he requests it. If the Manager wishes to
challenge the termination, the provisions of the City Charter governing dispute resolution shall
apply (City Charter, Part III, Article 3, Section 3(b)).
3.3 In the event that the Manager is unable to perform his duties as specified in
Section 1 of this Contract for a period of twelve (12) successive weeks, or for ninety (90)
working days over a one hundred and twenty (120) working day period, this Agreement may be
terminated. In the event that the Agreement is terminated under this Section, the severance
compensation specified in this Section shall not be applicable, but the City shall pay the Manager
or his beneficiary all earned accrued sick leave, vacation leave and all other accrued benefits.
3.4 In the event the Manager is terminated for cause, the City shall have no
obligations to pay the severance compensation designated in this Section. For purposes of this
Contract, "for cause" shall mean any cause specified in the City Charter (City Charter, Part 1I1,
Article 3, Section 3(a), in which case, termination shall be automatic. However, the City shall
pay the Manager all earned and accrued vacation leave and all other accrued benefits. No
accrued sick leave shall be payable in the event of such termination. If the Manager is arrested
and charged with any offense involving moral turpitude or any reason specified in the Charter,
the City has the right to place him on administrative leave with or without pay. In the event the
administrative leave is without pay and the Manager is not convicted, the City shall pay to the
Manager any and all monies and benefits withheld during the administrative leave.
Section 4. Resignation.
4.1 In the event Manager voluntarily resigns his position with City before expiration
of the Term of employment, then Manager shall provide the City Commission with at least two
(2) months' written notice in advance, unless the parties agree in writing otherwise. In the event
. of resignation by the Manager under this Section, the Manager shall not be entitled to receive the
severance compensation described above, nor any insurance coverage paid by City, but the City
2
shall pay Manager all earned and accrued sick, vacation and other leave calculated at the rate of
pay in effect upon the date of the resignation and all other accrued benefits.
. Section 5. Salary and Annual Evaluation.
5.1 The Manager shall receive an annual salary of $107,619.20, payable in
accordance with the same payment procedures for Department Heads of City. Cost of living
increases shall be credited to base salary as any other Department Head of the City. The City
Commission may adjust the salary from time to time.
5.2 The Manager shall receive all other benefits of employment otherwise provided to
Department Heads of City.
5.3 The Commission shall, at its option, review and evaluate the performance of the
Manager during the annual budget process and in any case, on or before October 1 of each
applicable year of the Term. Based upon the results of any evaluation, the Commission may in
its sole discretion adjust the Manager's salary, benefits or both. Nothing in this Section shall
limit the ability of the Commission to evaluate the performance of Manager more frequently.
Section 6. Retirement Benefits.
6.1 The City shall allow the Manager to participate in the General Employees'
Retirement System retirement plan available to other Department Heads of City. The Manager
may, by providing written notice to the City Finance Director, elect to have the City pay funds
equal to the amount that would otherwise have been contributed to the plan by the City on the
• Manager's behalf and deposited in a defined contribution plan of the Manager's choice (as
provided by Section 18-29.1(a)(5) of the City Code of Ordinances or he may elect to have it paid
to him as additional compensation).
6.2 Upon the Manager's termination or resignation, the City shall transfer ownership
to the Manager of his share of the plan's funds.
Section 7. Insurance Coverage.
7.1 The City shall pay the premiums for the Manager to participate in the same
insurance plans as are provided to other Department Heads of the City.
Section 8. Use of Automobile.
8.1 City agrees to allow for Manager's use of a Ford Crown Victoria or comparable
automobile.
Section 9. Hours of Work.
9.1 It is recognized that Manager must devote a great deal of time outside of normal
office hours to business of the City, and to that end the Manager will be allowed flexibility in
maintaining office hours consistent with his responsibility as a professional. Manager shall not
engage in any outside non-City related business whatsoever.
•
3
Section 10. Leave.
• 10.1 City Manager shall accrue leave at the same rate as is afforded to Department
Heads. In the event of a resignation by the City Manager or in the event of termination for cause
pursuant to Section 3.4, there shall be a payout of all accrued time consistent with City policy as
defined in the Civil Service Administrative Code (although sick leave will not be payable in the
event of termination for cause, as provided above). In the event of termination without cause,
City Manager shall be paid 100% of accumulated sick leave and vacation.
Section 11. Disability, Health and Life Insurance.
11.1 City agrees to provide City Manager with the same health benefit package
afforded to all Department Heads.
Section 12. Professional Development.
12.1 City agrees to pay the professional dues, subscriptions, travel and subsistence
expenses of Manager for professional participation in meetings and conferences associated with
his employment and professional development and associated short courses, institutes and
seminars. Travel must be approved consistent with the policy of the Commission which requires
advance Commission approval for travel, except in cases of emergency, in which case approval
by the Commission must be subsequently obtained.
12.2 Manager shall obtain advance approval from the Commission for additional
memberships that are not approved during the budget process that the Manager seeks to have
paid at City expense.
Section 13. General Expenses.
13.1 City shall bear the full cost of any fidelity or other bonds required of Manager
under the Charter, any law, ordinance or as may be required by any entity to allow Manager to
conduct City business, such as compliance with the bonding requirements of a financial
institution.
13.2 The Finance Director or designee is authorized to disburse funds in the amount of
$700.00 per month, on the same date as monthly expense allowance funds are disbursed to City
Department Heads for use by the City Manager for personal expenses associated with his City
employment.
Section 14. Indemnification.
14.1 City shall defend, save harmless, and indemnify Manager against any tort,
professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of Manager's duties. City
in its sole discretion will compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered on or in it. This indemnification shall extend beyond
termination of this Agreement for any acts undertaken or committed by Manager in his official
• capacity, regardless of whether the notice or filing of a lawsuit for such tort, claim, demand, or
other legal action occurs during the term of this Contract or occurs subsequent to termination.
4
City shall have the exclusive right to appoint legal counsel for all purposes associated with the
provisions of this Section.
40 Section 15. Conflict of Interest Prohibition.
15.1 Manager shall not, without the express prior written approval of the Commission,
individually, or as a partner, joint venturer, officer, shareholder or any other similar position of
any kind or nature whatsoever, invest or participate in any business venture which conducts or
intends to conduct business within the corporate limits of the City, except for stock ownership in
any company, the capital stock of which is publicly held and regularly traded.
15.2 Except for purchase of a personal residence, Manager shall not own or invest in
any real property within the corporate limits of the City, without prior notification to and
advance written approval by the Commission, which approval may be withheld by the
Commission in its sole discretion.
Section 16. Other Terms and Conditions of Employment.
16.1 The Commission, in consultation with the Manager shall fix any such other terms
and conditions of employment as the Commission may determine from time to time, relating to
the performance of Manager, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Contract, the City Charter or any other law.
16.2 In addition to the benefits identified in this Contract, City agrees to provide
Manager with any and all other benefits that apply to all Department Heads of the City.
Section 17. General Provisions.
17.1 This Contract contains the complete understanding of the parties and supercedes
any oral statements or representations made by the parties. This Contract shall not be amended
unless the same formality is observed as was used in the formation of this Contract.
17.2 The rights and obligations granted in this Contract are personal in nature and
cannot be transferred or assigned by the Manager.
17.3 This Contract shall become effective upon execution by City officials on behalf of
the Commission after a public hearing has been conducted as prescribed by the City Charter.
17.4 If any provision or any portion of this Contract is held unconstitutional, invalid or
unenforceable, the remainder of this Contract or unaffected portions of it shall not be affected
and shall remain in full force and effect.
17.5 This Contract shall be governed by Florida law and venue for any litigation
arising from this Agreement shall be in Broward County, Florida.
17.6 In any litigation arising out of the terms of this Contract, each shall bear its own
attorney fees and costs.
17.7 Manager and Commission each had assistance of legal counsel or the opportunity
and means to retain such assistance in connection with the preparation and review of the terms of
5
this Contract and none of its provisions shall be construed more strictly against one party or the
other, since the Parties mutually negotiated the terms of this Contract and it was prepared in
writing accordingly.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY OF DANIA BEACH, FLORIDA
ATTEST: ate'BY: Q'V�
- � Anne Castro, Mayor-Commissioner
Louise Stilson, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
BY:
Thomas J Anasb o", City Attorney
. 7
Signed, sealed and delivered CITY MANAGER
in the presence of the following witnesses: 7
Print Name 'I Iv Pa
S 'nature
Print Name
Signature
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on m, /`3 , 2005, by Ivan
Pato who is personally known to me or has produced as identification
and did (did not) take an oath.
'gin UUa- .:
Notary Public, State of Florida
• My Commission Expires:
[E,A
LOUISESTiLSON
MY COMMISSION#DID280068t EXPIRES:January 10,2006
6 Stj'P'
Bo M Thru NoHry Pubk Uoaaonden
•
i
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and City Commission
Ivan Pato, City Manager
Patty Varney, Finance Director
FROM: Tom Ansbro, City Attorney
DATE: April 29, 2005
RE: Proposed City Manager Employment Contract
Attached is a proposed draft of the referenced contract. After the City Commission
conducts a public hearing, which is scheduled to be held at the May 10, 2005 regular City
• Commission meeting, the City Commission would be authorized to execute it. Some of you
will recognize that it is modeled substantially after the City Manager employment contract that
was used several years ago. Highlights of the provisions are as follows:
1) Page 1, paragraph 2.l: three year term
2) Page 2, Section 3, "Termination and Severance Compensation": in the event of
termination without cause, in which a "super majority" vote would be required, provisions
specifying a lump sum cash payment of six months of salary and corresponding benefits and
insurance coverages for that period have been added. This is consistent with similar provisions
appearing in the contracts of other local cities that we surveyed. Per the new Charter
provision, approved by referendum in the last City election, if termination were to occur
during the last six months of the three year term, only the "balance" due under the
employment contract can be paid (e.g., if terminated four months before the contract is set to
expire, only four months of salary and benefits would be payable as severance compensation).
3) Page 2, paragraph 3,4: if terminated "for cause", all earned and accrued
vacation leave, holidays and other accrued benefits would be payable; accrued sick leave
would not be paid.
•
•
4) Page 3, paragraph 5.1: the current annual salary is identified; it would be
adjustable by the City Commission from time to time. Cost of living increases would be equal
to those afforded to Department Heads.
5) Page 3, Section 8: use of an automobile provided by the City would be
continued.
6) Page 4, Section 10: twenty vacation days a year would be accrued; sick and
vacation leave would not have a maximum accrual.
7) Page 4, Section 11: health, disability and life insurance (in the face amount of
$100,000) would be provided.
8) Page 4, paragraph 13.2: a monthly expense allowance of $700.00 would be
continued.
If any of you has any questions, comments or concerns, please contact me.
TJA:slw
Attachment
• 2