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99-23428 RESO RESOLUTION NO. 99-23428 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CITY MANAGER LAWRENCE A. LEVY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, on December 1, 1999, the Mayor and Commission appointed Lawrence A. Levy as City Manager (Manager) of the City of Miami Beach (City); and WHEREAS, the Manager desires to accept the position pursuant to the terms and conditions set forth in the attached Employment Agreement, the terms of which the parties agree will promote his continuous productivity and efficiency and be in the best interest of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the attached Agreement between the City and City Manager Lawrence A. Levy and authorize the Mayor and City Clerk to execute the Agreement. PASSED and ADOPTED this 15th day of December ,1999 ATTEST: (YOR "' ') 1/1 \ I I -V f IjA;\. 11 . ~ u Ct tF" CITY CLERK """ APPAOvEDAS TO FORM & LANGUAGe & FOR EXECUTION MHD:lm F:IA TTOIDUBMIRESOLUTlILEVY.MGR 1.1(. t~/~ EMPLOYMENT AGREEMENT This Agreement made and entered into as ofthe 18th day of December, 1999 by and between the City of Miami Beach, State of Florida, a municipal corporation, (City) and Lawrence A. Levy (Manager), both of whom agree as follows: WIT N ESE T H: WHEREAS, the City desires to secure and retain the services of Lawrence A. Levy as City Manager of the City of Miami Beach and to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; and WHEREAS, the Manager desires to accept the position under said terms and conditions; and WHEREAS, the parties acknowledge that in accepting this engagement, Manager has taken (and been given) leave from his position as First Assistant City Attorney for the City of Miami Beach and that upon completion of his service, it is the intent of the parties that he return to that position, since it is contemplated that the City will conduct a search process seeking a candidate for Manager on a permanent basis. NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the parties agree as follows: Section 1. Duties City hereby agrees to engage and Lawrence A. Levy agrees to be engaged as City Manager to perform the functions and duties of City Manager as specified in the City Charter and the City Code of the City of Miami Beach, and to perform other legally permissible and proper duties and functions as the City Commission shall from time to time assign. Section 2. Term of Service A. Manager's service under this Agreement shall commence December 18, 1999 and continue for a period of 120 days thereafter, subject to the earlier termination or extension provisions hereafter set forth. B. Manager's term of service may be terminated prior to 120 days in the event the City engages a Permanent City Manager within that period of time. Alternatively, said term may be extended for a reasonable period by the City with Manager's concurrence, if said position is unfilled within said period of time. Section 3. Exclusivity of Service The Manager agrees to remain in the exclusive service of the City as long as this Agreement remains in full force and effect, the term of "Employed" in the context of this Section shall not be construed to include occasional teaching, writing, pro bono activities, community, civic or charitable work as is customary in high executive positions. Section 4. Suspension The City may suspend the Manager with full pay and benefits at any time during the term of this Agreement, but only if A. a majority of City Commissioners and the Manager agree; or B. after a public hearing, a majority of City Commissioners vote to suspend the Manager for malfeasance, misfeasance or nonfeasance provided, however, that the Manager shall have been given written notice setting forth any charges at least ten (10) days prior to such hearing by the City Commission on such charges. Section 5. Salary The City agrees to pay the Manager for services rendered pursuant hereto a salary annualized at One Hundred Fifty Three Thousand Three Hundred Eighty Five Dollars ($153,385.00) payable in biweekly installments at the same time as other employees of the City are paid. In addition, Manager shall be entitled to: the use of an automobile as provided in Section 6; health and life insurance benefits as provided in Section 8; participation in the City's 401(a) program for unclassified employees at the respective employer/employee contribution level based upon his annualized salary as Manager; and such other amenities which are normally customarily provided non-classified City employees. Upon termination of Manager's engagement hereunder, it is contemplated that he will be reengaged as First Assistant City Attorney and continue to receive the salary and benefits earned and made available to him in that position together with any cost ofliving increases and adjustments he would have received, had he not taken the leave of absence necessary to become City Manager. Section 6. Automobile The Manager's duties require having the exclusive and unrestricted use at all times during employment of an automobile. The City shall be responsible for providing f()r fueL liability, property damage and comprehensive insurance and for the purchase, operation. maintenance, repair and regular replacement of the automobile. Section 7. Vacation and Sick Leave A. The Manager shall be entitled to accrued vacation, sick and other City permitted leave in the same manner as other general unclassified employees of City. 2 B. The Manager shall also be granted one day per month of employment as allowed leave with pay, for public service activities not otherwise provided for herein. Section 8. Health and Life Insurance A. The City agrees to put into effect for the Manager insurance policies for life, accident, dental, sickness, major medical and dependents' coverage group insurance covering the Manager and dependents as is provided to other employees of the City. B. City agrees to provide hospitalization, surgical and comprehensive medical insurance for the Manager and dependents and to pay the premiums thereon equal to that which is provided all other unclassified employees of the City or, in the event no such plan exists, to provide same for the Manager. CAVEAT: In no event shall the benefits in this Section exceed the percentage of premium paid for on behalf of other unclassified employees by City (i.e., if other employees receive payments of only half of the premium from the City and pay the remaining half themselves, then, in that event, the same provisions shall be applicable to the Manager, it being the intent that this Section shall place the Manager on an identical footing with every other unclassified employee). Section 9. Retirement A. The Manager will be part ofthe unclassified pension system and as such will become a participant in the City's 401(a) program at his salary level as Manager provided in this Agreement so long as his engagement hereunder continues. Upon termination and return to the position of First Assistant City Attorney, his pension benefits will continue undisturbed, except they will be calculated based upon his salary as First Assistant City Attorney. Section 10. Dues and Subscriptions City agrees to budget and to pay for the professional dues and subscriptions of the Manager necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for the Manager's continued professional participation, growth and advancement, and for the good of the City. Section 11. Professional Development A. The City hereby agrees to budget for and to pay the travel and subsistence expense of the Manager for professional and official travel, meetings and occasions adequate to continue the professional development of the Manager and to adequately pursue necessary official and other functions for the City. 3 B. The City also agrees to budget for and to pay for the travel and subsistence expenses of the Manager for those courses, institutes and seminars that are necessary for professional development and/or for the good of the Manager. Section 12. General Expenses The City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by the Manager and hereby agrees to reimburse or to pay said general expenses and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. There shall be an annual review of those expenses by the City's outside auditor. Section 13. Organization Membership The City recognizes the desirability of representation in and before local civic, social, and other organizations, and the Manager is authorized to become a member of such civic clubs or organizations, for which the City shall pay all job related expenses. No civic club or organization authorized hereunder may engage in discrimination as to race, sex, sexual preference, color, creed, national origin or disabilities. Section 14. Indemnification The City shall defend, save harmless and indemnify the 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 the Manager's duties. If required, the City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. This provision includes the right to legal counsel provided for by the City. Section 15. Bonding The City shall bear the full cost and any fidelity or other bonds required of the Manager under any law or ordinance. Section 16. Other Terms and Conditions of Employment A. The City Commission shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Manager, provided such terms and conditions are not inconsistent with nor reduce compensation and benefits provided by this Agreement, nor conflict with the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the City relating to vacation and sick leave, holidays and other fringe benefits and working conditions as they 4 now exist or hereafter may be amended, also shall apply to the Manager as they would to other employees of the city in addition to said benefits enumerated specifically for the benefit of the Manager except as herein provided. C. The Manager shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing payment therefore on termination of employment. Section 17. No Reduction of Benefits The City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the Manager, except to the degree of such a reduction across-the-board for all similarly situated unclassified employees of the City. Section 18. Computer/Equipment The City shall pay for all equipment, systems software, and portable communications equipment necessary for the Manager. This will include a computer system at his residence which is for the sole purpose of performing City business during non-office hours. Section 19. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) City: Mayor Neisen Kasdin City of Miami Beach 1700 Convention center Drive Miami Beach, FL 33139 Murray H. Dubbin City Attorney 1700 Convention Center Drive Miami Beach, FL 33139 (2) The Manager: Lawrence A. Levy 1016 Milan Avenue Coral Gables, FL Miami, FL 33134 5 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the Unites States Postal Service. Section 20. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and personal representatives of the Manager. C. This Agreement shall become effective commencing December 18, 1999. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be effected and shall remain in full force and effect. E. No alteration, modification or amendment of this Contract shall be effective unless contained in a writing, executed between the parties in a document of equal dignity with this Contract. F. The parties waive the privilege of venue and agree that any litigation or arbitration involving this Contract shall take place in the Eleventh Judicial Circuit in and for Dade County, Florida, or ifin Federal Court, the Court for the Southern District of Florida. IN WITNESS WHEREOF, the City of Miami Beach has caused this Agreement to be signed and executed in its behalfby its Mayor, and duly attested by its City Clerk, and Lawrence A. Levy has signed and executed this Agreement, both in duplicate, the day and year first above written. bJ!f1f Attest: Neisen Kasdin, Mayor City of Miami Beach, State of Florida ~~ Lawrence A. Levy fJLwY r tVc~ City Clerk F:IA TTOIDUBMIAGREEMEN\MANAGERLEV APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6 ~ 111.;/'1'1 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us OFFICE OF THE CITY CLERK STATE OF FLORIDA COUNTY OF MIAMI-DADE I, Lawrence A. Levy, a citizen of the State of Florida and the United States, and a recipient of public funds as a public officer, do solemnly swear that effective December 18, 1999, I will support, protect and defend the Constitution and Government of the United States, the State of Florida, and the City of Miami Beach, that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of City Manager, on which I am now about to enter. So help me God. Sworn to and subscribed before me this 15th day of December. 1999. rU1m r- ~~ I Robert Parcher City Clerk F:\CLER\CLER\OA TH\MGRLEVY. WPD OFFICE OF THE CITY ATTORNEY ~ ofJlOom; 1*uA F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. q 33 -9'1 DATE: DECEMBER 15,1999 TO: FROM: MAYOR NEISEN KASDIN MEMBERS OF THE CITY COMMISSION MURRAYH.DUBBIN .AAOUV CITY ATTORNEY ~ ~Wv EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LAWRENCE A. LEVY SUBJECT: Pursuant to the City Commission's appointment of Lawrence A. Levy as City Manager, please find attached the Employment Agreement between the City of Miami Beach and Lawrence A. Levy. MHD:lm Encl. Agenda Item RJ PT 1700 Convention Center Drive -- Fourth Floor -- Miami Be: Date I ~ -l S; - 9 9