HomeMy Public PortalAbout2007-37 Genaro _Chip_ Iglesias Employment AgreementRESOLUTION NO. 2007-37
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPOINTING
GENARO "CHIP" IGLESIAS AS VILLAGE MANAGER AND
APPROVING THE EMPLOYMENT AGREEMENT
ATTACHED TO THIS RESOLUTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council desires to appoint Genaro "Chip" Iglesias as Village
Manager and to approve the Employment Agreement attached as Exhibit "A" to this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the foregoing recitals are true and correct and
incorporated herein by this reference.
Section 2. Appointment/Approval of Employment Agreement. The Village Council
hereby appoints Genaro "Chip" Iglesias to the Village Manager position and hereby approves the
Employment Agreement attached as Exhibit "A". The Village Mayor is hereby authorized to
execute the Employment Agreement on behalf of the Village, in substantially the form which is
attached hereto, once approved as to form and legal sufficiency by the Village Attorney.
Section 3. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this 28th day of August , 2007.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATT . RNEY
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EMPLOYMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into as of the 28th day of
August, 2007, between the Village of Key Biscayne (the "Village") and Genaro "Chip" Iglesias
(the "Employee").
BACKGROUND
The Village wishes to hire Employee as Village Manager and Employee wishes to accept
employment as Village Manager under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Village and Employee agree to the following:
SECTION 1. DUTIES
Village agrees to employ Employee as Village Manager to perform the duties and
exercise the powers as prescribed by state law, the Village Charter and the Village Code, and to
perform such other legally permissible and proper duties and functions as assigned by the Village
Council from time to time.
SECTION 2. TERM
2.1 This Agreement shall have a term of three (3) years commencing on September 4,
2007 and ending on September 3, 2010, unless earlier terminated as provided in
this Agreement.
2.2 Village shall have the option to renew this Agreement for up to two additional one
(1) year terms. Said renewal shall be effective upon written notice to Employee
no sooner than ninety (90) days and no later than thirty (30) days prior to the
stated termination dates of this Agreement.
2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Village Council to terminate the services of Employee at any time, subject
only to the provisions set forth in Section 3 of this Agreement.
SECTION 3. TERMINATION BY VILLAGE AND SEVERANCE PAY
3.1 In the event Employee is terminated by the Village Council, other than for cause
(as is defined in Section 3.2 of this Agreement) during the term of this Agreement
at a time that Employee is willing and able to perform his duties under this
Agreement, the Village agrees to pay Employee a lump sum cash payment equal
to six (6) months aggregate salary ("Severance Pay"). However, in the event that
less than six (6) months remain of the contract term during which Employee is
terminated, the Severance Pay will constitute a lump sum cash payment equal to
the amount of pay that Employee would receive if employed until completion of
that respective term, provided that the Severance Pay shall in no case be less than
four and one-half (4.5) months of Employee's aggregate salary. In either such
event, the Employee shall also receive payment for any and all accrued vacation,
sick leave and floating holiday time in accordance with the Village's policies
governing other non -police or fire employees of the Village ("Administrative
Employees"), and shall also receive the one —time Five Hundred ($500.) Dollar
payment referenced in Section 8 (B) of this Agreement_ Severance Pay shall be
paid within fifteen (15) working days of termination. The Village shall continue
to provide medical coverage for Employee for three (3) months following the date
of such termination, in the same manner and in the same amount as Employee is
receiving at the time of termination. After the payment described above is made,
the Village shall have no further financial obligation to Employee.
3.2 "Cause" for the purpose of this agreement is defined as: (i) fraud,
misappropriation or embezzlement; (ii) Employee's intentional breach of the
provisions of this Agreement; (iii) Employee's repeated willful failure to perform
services hereunder; (iv) Employee's conduct unbecoming a public official; (v)
Employee's willful and continued failure to substantially perform his duties for
the Village (other than as a result of incapacity due to physical or mental illness);
or (vi) willful conduct by Employee that is demonstrably and materially injurious
to the Village, monetarily or otherwise. For purposes of this paragraph, an act, or
a failure to act, shall not be deemed willful or intentional, as those terms are
defined herein, unless it is done, or omitted to be done, by Employee in bad faith
or without a reasonable belief that his action or omission was in the best interest
of the Village. Failure to meet performance standards or objectives, by itself, does
not constitute "Cause." "Cause" also includes any of the above grounds for
dismissal regardless of whether the Village learns of it before or after terminating
Employee's employment.
If employee's employment is terminated pursuant to this subsection, the Village
shall pay to Employee only accrued vacation, sick leave and floating holiday time
due to the Employee as of the date of termination. After the payment described in
the immediately preceding sentence, the Village shall have no further financial
obligation to Employee pursuant to this Agreement.
SECTION 4. TERMINATION BY EMPLOYEE
In the event that Employee voluntarily resigns his position during the term of this
Agreement, Employee shall give the Village at least sixty (60) days written notice prior to the
effective date of such resignation. Employee shall not be entitled to receive any benefits or
payments pursuant to Section 3; however, Employee shall be entitled to accrued vacation, sick
leave and floating holiday time as of the date of resignation.
SECTION 5. COMPENSATION
5.1 The initial annual salary of Employee shall be One Hundred and Sixty -Five
Thousand Dollars ($165,000.00), which shall be payable in installments at the
same time as other employees of the Village are paid.
5.2 The Village Council agrees to evaluate the performance of the Employee to
determine any adjustment in annual salary and/or benefits at least once annually,
pursuant to the terms of Section 6 of this Agreement. Any additional adjustment
in said annual salary and/or benefits shall be based upon the result of the
performance evaluation.
SECTION 6. PERFORMANCE EVALUATION
6.1 The Village Council shall review and evaluate the performance of the Employee
at least once annually in advance of the adoption of the annual operating budget.
Said review and evaluation shall be conducted in accordance with specific criteria
developed jointly by the Village and the Employee. Said criteria may be added to
or deleted from as the Village Council may from time to time determine, in
consultation with the Employee, and shall occur during the ninety (90) days prior
to the beginning of each fiscal year.
6.2 Subsequent to the evaluation of Employee's performance, but prior to the
beginning of the fiscal year, the Village Council and Employee shall define such
goals and performance objectives which they determine necessary for the proper
operation of the Village and in attainment of the Village Council's policy
objectives and shall further establish a relative priority among those various goals
and objectives, said goals and objectives to be reduced to writing. They shall
generally be attainable within the time limitations as specified and the annual
operating and capital budgets and appropriations provided.
SECTION 7. HOURS OF WORK
Employee agrees to remain in the exclusive full-time employ of the Village of Key
Biscayne and shall not accept any other employment during the term of this Agreement.
Employee further agrees to devote that amount of time and energy which is reasonably necessary
for Employee to faithfully perform his duties under this Agreement. Recognizing that certain
outside teaching opportunities provide indirect benefits to the Village and to the community, the
Employee may elect to accept limited teaching opportunities with the understanding that such
arrangements shall not constitute interference with nor a conflict of interest with his
responsibilities under this Agreement. If, however, the Village Council determines, in its sole
discretion, that Employee's performance has been compromised by his engagement in said
educational opportunities, the Council may require that Employee withdraw from those
engagements.
SECTION 8. AUTOMOBILE
A. In lieu of a monthly transportation allowance, the Village shall provide a Village
vehicle for Employee's use, both professionally and personally, as a benefit of employment. The
Village shall provide insurance, maintenance and fuel for the vehicle as it provides for other
vehicles in the Village's fleet.
B. In the event that Village terminates Employee from employment with the Village
prior to the expiration of this Agreement, other than for cause, Employee shall receive from
Village one payment of Five Hundred ($500) Dollars in order to assist Employee in arranging
substitute personal transportation.
SECTION 9. RETIREMENT
The Village shall contribute into a retirement plan chosen by the Employee by making a
Village contribution as employer in an amount which is equal to 12% of Employee's annual base
salary. Said contribution may be divided so that no less than 50 % of the Village's contribution
is directed to the Village's defined contribution plan (if authorized by said plan and applicable
law), with any remaining amounts to be directed to any such plan that the Employee designates.
SECTION 10. INSURANCE
The Village shall provide insurance benefits, including family group health, disability
and life insurance in the same manner as provided for other Administrative Employees of the
Village.
SECTION 11. VACATION, SICK LEAVE AND HOLIDAYS
Employee shall be entitled to sick leave and holidays at the same rate and in the same
manner as other Administrative Employees of the Village. Employee shall be entitled to four
(4) weeks annual vacation leave.
SECTION 12. PROFESSIONAL DEVELOPMENT
12.1 Subject to Village policy and state law, the Village agrees to pay the reasonable
professional dues and subscriptions of Employee necessary for his continuation
and participation as a member in national, regional, state and local professional
associations and organizations necessary and desirable for his continued
professional participation, growth and advancement, and for the good of the
Village. Employee shall not hold office in any local, state, regional or national
professional association or organization without prior approval of the Village
Council.
12.2 Subject to Village policy and state law, the Village agrees to pay the travel and
subsistence expenses of Employee for travel to either one national or one state
association annual conference per year. Employee may, with the approval of the
Village Council, attend additional national and/or state conferences.
SECTION 13. NOTICE
Notices pursuant to this Agreement shall be given by certified mail through United States
Postal Service delivery, addressed as follows:
Village
Employee
Mayor and Members of the Village Council
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
Genaro "Chip" Iglesias
8545 S.W. 108th Street
Miami, Florida 33156
Village Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Miami, Florida 33134
SECTION 14. OTHER TERMS AND CONDITIONS
14.1 If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, illegal, invalid, or unenforceable, the remainder of this
Agreement, or portion thereof, shall not be affected and shall remain in full force
and effect.
14.2 The waiver by either party of a breach of any provision of this Agreement by the
other shall not operate or be construed as a waiver of any subsequent breach by
that party.
14.3 The rights and obligations herein granted are personal in nature and cannot be
transferred by the Employee.
14.4 This Agreement contains the entire agreement of the parties. It may not be
changed orally, but only by an amendment in writing signed by the parties hereto.
14.5 This Agreement shall be governed by Florida law and any litigation which may
arise from this Agreement shall be filed and litigated in Miami -Dade County,
Florida. Any Employee litigation expenses shall be borne by the Village, if the
Employee prevails in such litigation which involves this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and
executed, in duplicate, on the day and year first written above.
VILLAGE OF KEY BISQAYNE
B
Mayor
Pursuant to Village Council Approval of
August 28, 2007.
EMPLOYEE
B
Approved as to Form aid Legal Sufficiency:
Village Attorn
Genaro "Chip" Iglesias
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