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RESOLUTION 90-19969 RESOLUTION NO. 90-19969 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING CONCEPTUAL APPROVAL OF A FIVE-YEAR EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PHILLIP ON HUBER, POLICE CHIEF. WHEREAS, pursuant to Section 18 of the Miami Beach City Charter, the City Manager, with the consent of the City Commission has the authority to appoint a Chief of Police; and WHEREAS, the City of Miami Beach has through its City Manager and by unanimous approval of the City Commission appointed Phillip Huber as Police Chief of the City of Miami Beach; and WHEREAS, Phillip a. Huber in accepting this appointment will be required to live within the municipal boundaries of the City of Miami Beach; and WHEREAS, Phillip G. Huber will be incurring expenses in disposing of his previous home in Maryland and relocating his family to the City of Miami Beach; and WHEREAS, it is in the interest of both the City of Miami Beach and Phillip a. Huber to ensure his stability in tenure in accepting this appointment, without affecting the City Manager' s ability to dismiss for cause. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby authorizes conceptual approval of a five-year employment agreement between the City of Miami Beach and Phillip G. Huber, Police Chief; and authorizes the City Manager to negotiate an agreement with Phillip G._ Huber for consideration by the City Commission at a subsequent meeting. PASSED and ADOPTED this 18th day of April 1990. I . • ATT ST: , FORM APPROVED t7aie„," /7; 4„ ' LEGAL DEPT. CITY CLERK sy Date TERMS AND CONDITIONS OF EMPLOYMENT THIS AGREEMENT OF TERMS AND CONDITIONS OF EMPLOYMENT entered into on iYla,yQ I alb , 1990, effective May 14, 1990, between: The City of Miami Beach, through its authorized gent, theCity Manager of the City of Miami Beach, Florida, a Florida municipal corporation, referred to as the "Employer, " and Phillip G. Huber, an individual , referred to as the "Employee" . Employer desires to retain the services of Employee as Chief of Police for the City of Miami Beach, Florida (the "City") . Employer is empowered to execute thisAgreement, as provided by Resolution 90-19969 (Adopted by the City Commission on April 18,1990) . It is the desire of Employer to provide certain benefits, establish certain conditions of employment and to prescribe working conGitions of the Employee. It is the further desire of the Employer to secure and retain the services of Employee upon such terms and conditions as will promote his continuous productivity and efficiency, provide him with reasonable employment and financial security, and to provide a just means for terminating the services of Employee. The Employee desires to continue employment with the City and in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1 . RECITALS The foregoing recitals are true, correct and incorporated into this Agreement. 2. DUTIES Employer agrees to commence the employment of Employee as Chief of Police of the City, and Employee agrees to perform the functions and duties assigned by the City Manager and to perform other associated and legally required duties and functions as Employer shall direct and from time to time assign to Employee. Employee agrees to perform all such functions and duties faithfully, competently, professionally and promptly to the best of Employee's ability. 3. TERM (A) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee for just cause at any time, as reasonably determined by Employer in his judgment. Termination with and without just cause shall be subject to the provisions set forth in Paragraph 5 of this Agreement. 1 (B) Nothing in this Agreement shall prevent, limit of otherwise interfere with the right of the Employee to resign at any time from employment with Employer, subject only to the provisions set forth in Paragraph 5 of this Agreement. (C) Expressly subject to the provisions for termination and resignation, respectively, Employee agrees to remain in the exclusive employ of Employer until May 13, 1995, which term of employment is a maximum of five (5) years from the effective date of this Agreement. Employee agrees neither to accept other employment nor to become employed by any other employer until such termination date, unless such termination date is altered or affected as provided in this Agreement. The term "employment" shall not be construed to include occasional teaching, consulting, writing or military reserve service performed during Employee's time off from working duties and hours, subject to Paragraph 10 herein. (D) Employee shall give Employer written notice at least ninety (90) days in advance of the expiration date of this Agreement of his intent to leave employment with the City upon such expiration date. Employer shall give Employee written notice at least ninety (90) days in advance of the expiration date of this Agreement, of his intent to permit the Agreement to expire or of his intent to renew the Agreement or renegotiate said Agreement. 4. SUSPENSION Employer may, notwithstanding Paragraph 5 below, suspend the Employee for just cause with or without full pay and benefits at any time during the term of this Agreement. 5. TERMINATION AND SEVERANCE PAY (A) In the event the employment of Employee is terminated by Employer without just cause as defined in Paragraph 3(A) above before expiration of the term of employment, and during such time Employee is willing and able to perform employment duties under this Agreement, then in that event Employer agrees to pay Employee severance payment equal to the salary balance remaining on the contract, such severance to be paid out in bi-weekly payments over the remaining life of the contract; provided, however, that in the event Employee is terminated for cause, including but not limited to conviction (despite whether adjudication is withheld) or of any illegal act involving personal gain, then, in that event, Employer is under no obligation to pay any cash severance payment designated above. 2 (B) In the event that Employer, at any time during the term of this Agreement, determines that the City is experiencing or may experience financial difficulties, such that the salaries, other financial benefits or both of upper management level employees are to be reduced at the City Manager's option, then Employee's salary, other financial benefits, or both may also be reduced, so long as all such reductions for such employees, as a group, are made to the same degree. "Upper management level employees" means those persons working for the City, who occupy positions designated as Department Directors. (C) In the event Employer refuses, following written notice, to comply with any provision benefiting Employee under this Agreement, or the Employee resigns following a suggestion, whether formal or informal , by the Employer that he resign, then, in that event, Employee may, at Employee's option, be deemed to be "terminated" effective upon the date of such reduction or such refusal to comply, subject to the right afforded under subparagraph 5(A) , with respect to severance payment. (D) In the event Employee intends to voluntarily resign employment with Employer before the natural expiration of the term of employment, then Employee shall give Employer ninety (90) days written notice in advance, unless the parties otherwise agree in writing, and no severance pay of any nature shall be given to Employee. 6. DISABILITY If Employee is permanently and totally disabled or is otherwise unable to perform employment duties because of sickness, accident, injury or mental incapacity for a period of four (4) successive weeks beyond any accrued sick leave, or for sixty (60) working days over a ninety (90) working day period, Employer shall have the option to terminate this Agreement without any obligation for severance pay pursuant to 5(A) above. However, Employee shall be compensated for any accrued sick leave, vacation, and other accrued benefits, to the same extent as other management employees of Employer, as provided by City law. Employee shall also be entitled to those benefits afforded him under the City's appropriate pension plan. 7. SALARY Employer agrees to pay Employee, for employment services described in and rendered pursuant to this Agreement, an annual salary of $81,936.25, as prescribed by the pay range established by City ordinance for the position of Chief of Police. Employee agrees to accept such salary for his services and agrees that it shall be payable in bi-weekly installments at the same times as other employees of Employer are paid. 3 In addition, Employer agrees to increase such base salary, other benefits or both, of Employee in such amounts and to such extent as the Employer may determine that it is desirable to do so on the basis of an annual performancereview of the Employee, or on the basis of general salary increases given to other management employees, or both. 8. PERFORMANCE EVALUATION (A) Employer shall review and evaluate the performance of Employee at least onceper year on the Employee's anniversary date. Employer shall provide Employee with an Unclassified Performance Evaluation Report and provide an adequate opportunity for Employee to discuss the evaluation with Employer. (B) Periodically, Employer and Employee shall discuss such goals and performance objectives which Employer determines necessary for the proper operation of the City and for the attainment of the Employer's policy objectives and shall further establish a relative priority among those various goals and objectives. Such goals and objectives shall generally be attainable within the time limitations as specified and within the applicable existing operating and capital budgets and appropriations. 9. HOURS OF WORK The defined work week for the Employee shall be a minimum forty (40) hours. It is recognized that, on occasion, the Employee must devote time outside the normal work hours to business of the Employer. Employee, as with all such other management employees, shall not be eligible for receipt of overtime pay or compensatory time for any hours worked in excess of the minimum 40 hours. 10. OUTSIDE ACTIVITIES Employee shall not spend any hours on non-Employer connected business without the prior approval of Employer. 11 . AUTOMOBILE Employee's duties require that Employee shall have the exclusive and unrestricted use at all times during employment with Employer of an automobile. Employee will have the use of a City vehicle for City business purposes. 12. VACATION, SICK AND MILITARY LEAVE (A) Employee shall accrue, and have credited to Employee's personal account, vacation, longevity benefits and sick leave at the same rate and subject to the same conditions as other similar management category employees of Employer. 4 (B) Employee shall be entitled to military reserve leave time pursuant to Federal and State law and City procedures. 13. GROUP LIFE AND HEALTH INSURANCE Employer agrees to offer enrollment to Employee for group life plans, occupational accidental death plan, medical plan, dental plan, and other such group benefit plans sponsored by the City of Miami Beach for its eligible management employees and their eligible dependents. Employer and Employee agree to contribute the Employer's portion of premiums to group plans in which Employee enrolls, to the same extent as other similar management employees of the City of Miami Beach. 14. RETIREMENT Employee will participate in and contribute to the City pension plan known as the Unclassified Employees and Elected Officials Retirement System, or the retirement system as deemed appropriate, and will have the option to enroll and participate in a City approved deferred compensation plan. The election by Employee to enroll and participate in a deferred compensation plan is subject to all City and federal laws and policies governing enrollment and participation, as such laws and policies are applicable to other similar management employees of City. Employer agrees to execute all necessary documents to allow for Employee's enrollment and participation in the plan selected. Notwithstanding anything to the contrary, no credit toward vesting in the Retirement System shall be received by Employee for periods for which severance pay is received, unless terminated without cause. 15. DUES AND SUBSCRIPTION Employer agrees to budget and to pay for reasonable professional dues and subscriptions of Employee necessary for Employee's participation in national and state associations and organizations that the Employer agrees are necessary and desirable for both Employee's continued professional1 participation, growth and advancement and for the good of the Employer. 16. PROFESSIONAL DEVELOPMENT (A) Employer agrees to pay for the travel and subsistence expenses of Employee for conferences, short courses, institutes and seminars that the Employer agrees are necessary for both Employee's professional development and for the good of the Employer. (B) The foregoing expenses shall be paid as prescribed by City law, policy and standards, and will be afforded to Employee to the same extent as such expenses are paid for other similar management employees of the City. 5 17. BONDING Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 18. OTHER TERMS AND CONDITIONS OF EMPLOYMENT (A) The Employer, in consultation with the City Commission, subject to the requirements of the City Charter, shall fix any such other terms and conditions of employment as Employer may determine to be desirable or necessary from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. (B) All provisions of the City Charter, City Code, Ordinances and regulations and rules of the Employer including those relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions, as they now exist or subsequently may be amended, shall also apply to Employee as they would to other similar management employees of Employer, in addition to the benefits enumerated specifically for the benefit of Employee as provided in this Contract. 19. NO REDUCTION OF BENEFITS Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except as otherwise prescribed by the provisions of sub-paragraph 5(B) of this Agreement. 20. NOTICES Notice, pursuant to this Agreement, may be given by mail , or may be personally served. Notice shall be deemed given and effective as of the date and time so specified in such notification. 21 . GENERAL PROVISIONS (A) The provisions of this Agreement constitute the entire agreement between the parties. No representation or understanding, whether communicated orally or in writing, is or shall be effective unless contained in this Agreement. (B) This Agreement shall be binding upon and inure to the benefit of the heirs at law, executor, or personal representative of Employee (pursuant to Florida law) . 6 (C) If any provision or any portion of a provision contained in this Agreement is held unconstitutional , invalid or unenforceable by a court of competentjurisdiction, the remainder of this Agreement, or such portion of it, shall not be affected and shall remain in full force and effect. (D) No alteration, modification or amendment of this Agreement shall be effective unless contained in writing, executed between the parties in a document of equal dignity with this Agreement. (E) The Employee waives the privilege of venue and agrees that any litigation involving this Agreement shall take place in the appropriate court of Dade County, Florida (or if in a federal court, the appropriate court for the Southern District of Florida) . (F) Any controversy or claim arising out of or related to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association; provided, however, that the foregoing arbitration provision shall not apply to any claim or controversy relating to the termination of the Agreement for cause in accordance with the provisions of Paragraph 3(A) . IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: EMPLOYER Or ity ana'; r ATTEST: ))//_ eA/L- • City Clerk Approved as to form: (/.- 1\(/1 /3\ City Attorney( WITNESSES: EMPLOYEE )a;e, I I FAM w �I Z. L. L//iA 7 (C) If any provision or any portion of a provision contained in this Agreement is held unconstitutional , invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or such portion of it, shall not be affected and shall remain in full force and effect. (D) No alteration, modification or amendment of this Agreement shall be effective unless contained in writing, executed between the parties in a document of equal dignity with this Agreement. (E) The Employee waives the privilege of venue and agrees that any litigation involving this Agreement shall take place in the appropriate court of Dade County, Florida (or if in a federal court, the appropriate court for the Southern District of Florida) . (F) Any controversy or claim arising out of or related to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association; provided, however, that the foregoing arbitration provision shall not apply to any claim or controversy relating to the termination of the Agreement for cause in accordance with the provisions of Paragraph 3(A) . IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: EMPLOYER Or ity ana•;.r de ATTEST: 4b/1:4,1 ))2_ Or2/4/ City Clerk Approved as to form: 1\14 ) , , t3+, City Attorne ♦l WITNESSES: EMPLOYEE A, A 411511 /////) 7 ORIGINAL RESOLUTION NO. 90-19969 Authorizing conceptual approval of a five-year employment agreement between the C.M.B. and Phillip C. Huber, Police Chief.