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HomeMy WebLinkAboutExhibit 1EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is entered into this day of DATE, but having an effective date of May 28, 2012 ("Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida ("City") and W. CARL TEMPLER, an individual, whose current address is 7325 N. Mohawk Road, Fox Point, WI 53214-3454 ("Executive Director"). RECITALS: WHEREAS, the. City is in need of an Executive Director to perform the duties on behalf of the Coconut Grove Business Improvement District ("BID") as outlined in Sections 2-1250 through 2-1263 of the City of MiamiCode (the "Code"); and WHEREAS, the BID has selected W. Carl Templer as the most qualified candidate for the position of Executive Director of the BID; and WHEREAS, the Executive Director wishes to perform the services required by the BID, and the City, on behalf of the BID, wishes, to engage the services of the Executive Director on the tarns and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Executive Director and the City agree as follows: TERM 1. RECITALS. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM. Subject to the provisions of Section 8 below, the term of this Agreement shall be one (1) year commencing on May 28, 2012 and ending May 27, 2013. The term shall be automatically extended, for one (1) year periods, unless either party gives written notice to the other of its intention not to extend'theitenn at least thirty (30) days prior to the expiration date of the then current term. 3. SCOPE OF SERVICE. Executive Director agrees to provide the services required to be performed by the Executive Director under Sections 2-1250 through 2-1263 of the Code, as well as adopted job description attached hereto as Exhibit "A," as may be amended from time to time, and such other services as may be required to implement the goals of the BID, or as otberwise required by the Board of Directors of the BID ("Services"). Executive Director represents and warrants that he possesses the necessary qualifications and expertise for the performance of the Services. 4. COMPENSATION AND BENEFITS. In consideration for the Services the BID shall pay Executive Director compensation as follows: (,)-- 10-7 /2-006/7- Exh; b "cf- A. Salary. During the first year of the term, the BID shall pay the Executive Director salary in the amount of Ninety Five Thousand U.S. Dollars ($95,000) (less standard deductions). Thereafter, at the option of the BID, the salary may be adjusted or renegotiated, based on the cost of living, as measured by the consumer price index, performance of the Services, and other job performance criteria established in writing in advance by the BID and the Executive Director at the commencement of the then current terrn. The annual salary shall be paid in equal installments every two (2) weeks, or as otherwise determined by the BID in its sole discretion. B. Automobile Allowance. The BID shall pay to the Executive Director in the first paycheck of each month commencing on May 28, 2012, the sum of Two Hundred and 00/100 U.S. Dollars ($200), less standard deductions, as automobile allowance. C. Cellular Telephone Allowance. The BID shall pay to the Executive Director in the first paycheck of each month commencing on May 28, 2012, the sum of Sixty and 00/100 U.S. Dollars ($60), less standard deductions, as cellular telephone allowance. D. Other Benefits: The Executive Director shall receive additional benefits to include twelve (12) business days paid vacation each year; twelve (12) business days paid sick days each year; .eleven (11) paid holidays each year; three percent (3%) salary match towards a retirement contribution; eighty percent (80%) of the health insurance premium in an amount not to exceed ; and one hundred percent (100%) of the dental and vision insurance premiums in an amount not to exceed . Executive Director acknowledges that the amount and effective date of these benefits shall be September 1, 2012. Moreover, Executive Director acknowledges that any vacation or sick time not used in any particular year may accumulate from year to year, but shall not be eligible for a cash payout at the tennination of this Agreement. 5. AWARD OF AGREEMENT. Executive Director represents and warrants to the City and the BID that it has not employed or retained any person or company employed by the City or the BID to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 6. PUBLIC RECORDS. Executive Director understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the BID, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the public to all documents subject to disclosure under applicable law. Executive Director's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City and/or BID. 7. INDEMNIFICATION...Executive Director shall indemnify, defend and hold harmless the City and the BID and its officers, officials, employees and agents, from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees), or liabilities arising out of or caused by the gross negligence or willful misconduct of the Executive Director. 8. TERMINATION AND SEVERANCE. The City and/or BID shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Executive Director at least thirty (30) days prior to the effective date of such termination. Further, the City and/or BID may terminate this Agreement, without notice to Executive Director, upon the occurrence of an event of default hereunder. 9. NONDISCRIMINATION. Executive Director represents and warrants to tbe City and BID that Executive Director does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Executive Director's performance under this Agreement on account of race, color, sex, religion, age, disability, marital status or national origin. Executive Director further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, disability, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10. CONFLICT OF INTEREST. A. Executive Director is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miarni-Dade County Code, Section 2-11 .1 et, seq.) and of the State of Florida as set forth in the Florida Statutes, and agrees that he will fully comply in all respects with the terms of said laws and any future amendments thereto. B. Executive Director that no person or entity under his employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the BID or the City. Executive Director further covenants that, in the performarid0", of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest on the part of Executive Director, its employees or associated persons, or entities must be disclosed in writing to the BID and the City. 11. ASSIGNMENT. This Agreement shall not be assigned. 12. NOTICES. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified US Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO EXECUTIVE DIRECTOR: TO THE BID: W. CARL TEMPLER Address Address Coconut Grove Business Improvement District 3390 Mary Street, Suite 130 Miami, Florida 33133 WITH A COPY TO: City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 City Manager 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130 District 2 Commissioner 3500 Pan American Drive Miami, Florida 33133 13. MISCELLANEOUS PROVISIONS A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of itS use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. F. Executive Director is being engaged to provide services to the BID as an employee of the BID, and not as an employee of the City. Accordingly, Executive Director shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City of Miami, nor any rights generally afforded classified or unclassified employees of the City. (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a Florida municipal ATTEST: corporation I3y: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney WITNESS #1: Calvin Ellis Risk Management Director "Executive Director" By: By: W. CARL TEMPLER, Executive Director Print Name: WITNESS #2: By: Print Name: EXHIBIT A Coconut Grove Business Improvement District Executive Director's Job Description Job Title: Executive Director Reports to: Board of Directors Function: To implement the strategic goals and objectives of the organization and to give direction and leadership toward the achievement of the organization's philosophy, mission, strategy, as well as its annual goals and objectives to the Board and BID employees. Assist Board in fulfilling its governance function. Major Functions/Accountabilities: Board Administration and Support -- Supports operations and administration of Board by advising and informing Board members, interfacing between Board and staff, and supporting Board's evaluation of organizational goals. Program, Product and Service Delivery -- Oversees design, marketing, promotion, delivery and quality of programs, products and services. Writes reviews and provides information to business community and the press on subject matters involving the BID. Financial Risk and Facilities Management — Recommends yearly budget for Board approval and prudently manages organization's resources within those budget guidelines according to current laws and regulations. Human Resource Management -- Effectively manages the human resources of the organization according to authorized personnel policies and procedures that fully conform to current laws and regulations. Retains necessary personnel, within budgetary regulations, with qualifications and skills that will enhance the overall performance and maximize the potential of the BID. Community and Public Relations -- Assures the organization and its mission, programs, products and services are consistently presented in strong, positive image to relevant stakeholders. Works to be consensus builder within the Coconut Grove Community and understands how to build strategic alliances. Resources Management -- Identifying resource funding sources, establishing strategies to approach funders, as well as partnering with other local organizations and business to leverage opportunities. Education: Requires a body of knowledge of the most advanced and current concepts, techniques in a specialized filed. Equivalent to a Bachelor's Degree and one or more years of additional education leading to a Master's Degree. Experience: Over ten years. Financial Responsibility: Substantial damage or loss possible and can be prevented only by sustained high degree of care and attention. Responsibility for Contacts: Position involves contact with key or important persons both inside and outside the organization requiring extensive resourcefulness and tact, and which may materially affect Company policy, practices, and procedures. Judgment and Decision -Making: Under general direction as to broad assignments determines methods and delivers final results. Highly complex work performed within general department or functional policies and objectives, requiring a substantial original thinking. Supervisory Responsibility: Nature of work supervised is technical and complex and Involves a moderate degree of modification and adaptation of process, equipment, practices, and procedure. Directly supervises up to 5 people.