HomeMy WebLinkAboutSubmittal-Commissioner Rosado-Independent Inspector General Employment AgreementSubmitted into the p
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INDEPENDENT INSPECTOR GENERAL
EMPLOYMENT AGREEMENT
This INDEPENDENT INSPECTOR GENERAL EMPLOYMENT AGREEMENT
(the "Agreement") is entered into by and between ANTONIO G. DIAZ ("Mr. Diaz") and
the CITY OF MIAMI, FLORIDA (the "City"). Mr. Diaz and the City may each be
individually referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, pursuant to Resolution No. R-25-0316 adopted on July 24, 2025, the
City Commission approved the appointment of Mr. Diaz as the Independent Inspector
General of the City of Miami ("IIG") with the effective date of said appointment to be the
date the City Commission approves the Inspector General's contract by separate Resolution
pursuant to Section 2-160(c) of the City Code.; and
WHEREAS, pursuant to Resolution No. R-25- adopted on -, 2025,
the City Commission approved this Agreement for a term of four (4) consecutive years
commencing on the Effective Date; and
WHEREAS, this Agreement supports the IIG's independence within all applicable
laws, rules, and regulations;
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein, the Parties agree as follows:
Section 1: Recitals
The recitals are true and correct and are hereby incorporated into and made a part
of this Agreement.
Section 2: Definitions
"Base Salary" means Mr. Diaz's annual salary as set forth in Section 6.a., as adjusted
pursuant to Sections 6.b. and 10.
"Cause" has the meaning set forth in Section 12.a.
"City Charter" means the Charter of the City of Miami, as amended.
"City Code" mean the Code of the City of Miami, Florida, as amended.
"Effective Date" means , 2025, the date Resolution No. R-25- was adopted.
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Submitted into the pu° ac
record for item(s) •-I
on 11 /24 / 15 . City Clerk
Independent Inspector General
Employment Agreement
Antonio G. Diaz
Section 3: Employment and Duties
The City agrees to employ Mr. Diaz as its IIG, and Mr. Diaz accepts such
employment under the terms of this Agreement. Mr. Diaz shall devote his full professional
time, attention, and best efforts to the duties of IIG.
Mr. Diaz shall perform all duties outlined in the City Charter and ordinances,
including investigations and audits in order to provide the public with full and accurate
information, to promote efficient administrative management, to make government more
accountable, and to ensure all persons fair and equitable treatment.
Mr. Diaz shall always faithfully, diligently, and to the best of his ability perform
the duties of IIG in accordance with the City Charter, City ordinances, all applicable laws,
with civility, and recognized professional standards.
Section 4: Outside Employment
Except for the Permissible Activities identified herein, Mr. Diaz shall not engage
in any other paid or unpaid employment without the prior approval of the City Commission,
authorized by resolution and by written amendment to this Agreement.
Nothing herein shall prohibit Mr. Diaz from engaging in occasional outside
employment, provided that such activities do not conflict or interfere with the performance
of his official duties, create an actual or apparent conflict of interest, or reflect adversely
upon the City. Permissible activities include, but are not limited to:
a. Teaching, writing, or lecturing.
b. Participation in community, charitable, or civic activities
(collectively, "Permissible Activities"). Should there be any doubt as to whether any of the
Permissible Activities constitute an actual or apparent conflict of interest, Mr. Diaz shall
seek an ethics opinion from the Florida Commission on Ethics and/or the Miami -Dade
Commission on Ethics, whichever is applicable based on the circumstances.
Section 5: Term
This Agreement shall remain in effect for a term of four (4) consecutive years from
the Effective Date, unless terminated earlier as allowed by law ("Term"). If Mr. Diaz is not
reappointed, then Mr. Diaz shall be paid all accrued unused leave (vacation and sick leave)
at his then -current Base Salary rate.
Section 6: Compensation
a. Base Salary: $280,250 annually, paid bi-weekly in accordance with City payroll
procedures.
b. Annual Increase: An automatic five percent (5%) increase in Base Salary on his
annual Anniversary Date during the term, compounded on the prior year's adjusted
Base Salary, in addition to any cost -of -living or across the board adjustments under
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record for i em(s) �% (� �l Employment Agreement
on (� 20� 2<S . City Celt Antonio G. Diaz
Section 10. The Anniversary Date shall be calculated from the Effective Date of
this Agreement.
c. In the event the City Manager makes a declaration of financial urgency/emergency,
Section 6.b. of this Agreement shall be suspended until such time as the financial
urgency/emergency declaration has been terminated. Additionally, if the City
Manager finds that it is in the best interest of efficient and economical
administration of the City and all its Departments to institute hiring and/or pay
freeze, such determination by the City Manager shall be applicable to Mr. Diaz and
all employees within the Office of the Inspector General.
Section 7: Benefits and Allowances
a. Vehicle Allowance: Mr. Diaz shall receive an Eight Hundred and 00/100 Dollars
($800.00) per month allowance for personal vehicle use.
b. Cell Phone Allowance: Three Hundred and 00/100 Dollars ($300.00) per month.
c. Health, Dental, Vision Insurance: Fully paid by the City for Mr. Diaz and his
dependents.
d. Life and AD&D Insurance: Equal to three (3) times Base Salary.
e. Disability Insurance: 100% paid by the City for both long- and short-term coverage.
f. Executive Physical: One per year at City expense.
Section 8: Leave
a. Mr. Diaz shall accrue annually:
1. Thirty (30) vacation days, with no more than fifteen (15) days to be taken
consecutively without prior City Commission approval.
2. Twelve (12) sick days.
3. Eleven (11) paid Federal holidays.
b. Carryover of unused leave: All unused vacation and sick leave shall carry over to
subsequent years without limitation. Upon separation or termination, Mr. Diaz shall be
paid for all accrued but unused leave at his then -current Base Salary rate.
Section 9: Pension and Retirement
Mr. Diaz shall participate in the City's 401(a) Retirement Plan. The City shall
contribute in addition to his Base Salary, an amount equal to twenty percent (20%) of Mr.
Diaz's B Salary as described in Section 6.a. of this Agreement or the maximum
contribution amount allowed by law, whichever is lower. Mr. Diaz may make voluntary
contributions as permitted by law.
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City Clerk
Independent Inspector General
Employment Agreement
Antonio G. Diaz
Section 10: Across the Board Adjustment(s)
Mr. Diaz shall receive Across the Board Adjustment increases equal to the greater
of those granted to classified or unclassified employees, applied to Base Salary in addition
to the increase in Section 6.b.
Section 11: Term Expiration
Upon expiration of the term, the City Commission may, by majority vote of
members present, reappoint the Independent Inspector General to another term. In lieu of
reappointment, the City Commission may reconvene the selection committee to appoint a
new IIG in the same manner as described in Section 2-160(b)(3) of the City Code. Mr. Diaz
may submit his name as a candidate to be considered for selection and appointment. The
expiration of the term does not alter the provisions of Section 12 of this Agreement.
Mr. Diaz may provide the City Manager with written notice that he wishes for his
reappointment to be placed on the next available City Commission agenda no less than
ninety (90) calendar days prior to the expiration of the term. Upon receipt of said written
notice, the City Manager shall place the reappointment of Mr. Diaz for another four (4)
year term on the next available City Commission agenda. If the City Commission fails to
reappoint Mr. Diaz, then he shall receive payment as outline in Section 5 of this Agreement.
Section 12: Removal or Termination of Employment
Mr. Diaz may be removed at any time prior to the expiration of the Term, for cause or
without cause, by two (2) separate four -fifth (4/5) vote of all the members of the City
Commission. Each four -fifth (4/5) vote must occur at separate meetings before Mr. Diaz's
termination is effective. In the event of removal or termination pursuant to Sections 12.a. and
12.c. of this Agreement, Mr. Diaz shall be entitled to all rights, protections, and remedies
provided under Section 15 (Arbitration) of this Agreement.
a. Termination with cause: For purposes of this Agreement, "cause" shall mean:
a. Conviction of a felony or a crime involving theft, fraud, or moral turpitude; or
b. Gross misconduct constituting a willful and substantial violation of law or City
policy that materially impairs the ability to perform official duties.
b. Termination without Cause: If terminated without Cause, Mr. Diaz shall receive a
severance payment as follows:
1. A lump -sum payment not exceeding twenty (20) weeks of Base Salary, and
2. Payout of all accrued unused leave at his then -current Base Salary rate.
c. Protection Against Retaliation: The Inspector General shall not be removed,
disciplined, or otherwise retaliated against for initiating, conducting, or reporting any
audit, investigation, or finding involving any elected official, employee, contractor, or
department of the City. Any such retaliatory action shall be deemed a violation of this
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on r zs .
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City Clezk
Independent Inspector General
Employment Agreement
Antonio G. Diaz
Agreement and shall entitle Mr. Diaz to invoke the remedies and procedures set forth
in Section 15 (Arbitration).
Section 13: Bonds
The City shall pay for any required fidelity or other bonds as may be required by
law.
Section 14: Indemnification and Legal Representation
The City shall indemnify and defend Mr. Diaz to the fullest extent permitted by
Florida law for acts within his official duties, If the City Attorney has a conflict or declines
representation, the City Attorney shall, in consultation with Mr. Diaz and with approval
not to be unreasonably withheld by Mr. Diaz, select conflict counsel, with the City paying
reasonable attorneys' fees and costs if he prevails or is exonerated. This section shall
survive termination of this Agreement.
Section 15: Arbitration
All disputes arising out of this Agreement and out of Mr. Diaz's employment,
including any removal or termination under Section 12a. or 12.c. shall be resolved by binding
arbitration. The arbitration shall be conducted by a single neutral arbitrator appointed under
the rules of the American Arbitration Association (AAA), whose decision shall be final
and binding on the parties. The Arbitration shall follow the AAA rules in effect at the time
of arbitration. The arbitrator's remedy under this Section is limited to economic damages
in the amount of Mr. Diaz's severance if the arbitrator finds Mr. Diaz was terminated
without just cause, and reinstatement and economic damages if the arbitrator finds that Mr.
Diaz was terminated in violation of the retaliation provision defined in Section 12. Each
party shall bear its own attorney's fees and costs for the arbitration, except that the
arbitrator may award reasonable attorney's fees and cost to the prevailing party only when
the arbitrator awards Mr. Diaz reinstatement. The Parties further agree that a request for
arbitration under this paragraph must occur within thirty (30) calendar days of the dispute
and shall be made in writing to the City Attorney's Office. Lastly, the Parties agree that the
arbitration shall occur within six (6) months from the date of the arbitration request, unless
the arbitrator is not available within that period.
Section 16: Counterparts and Electronic Signatures
This Agreement may be executed electronically and in counterparts, each deemed
an original.
Section 17: Confidentiality
Mr. Diaz shall maintain confidentiality of sensitive information per Florida Chapter
119.
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Stabtaitted i:,to the pulalyc Independent Inspector General
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record for itrs) Employment Agreement
on ,, \ 7,0 . City Clerk Antonio G. Diaz
Section 18: Miscellaneous
a. No Assignment: This Agreement is personal to Mr. Diaz and may not be assigned.
b. Waiver: No waiver of any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of any of the other provisions hereof whether or not
similar, nor shall such waiver constitute a continuing waiver. No waiver shall be
effective unless submitted in writing by the waiving party to the non -waiving party.
c. Severability: If any part of this Agreement is found to be prohibited, unlawful, void
or for any reason unenforceable, then it shall be deemed severable and separable
from the remaining parts of this Agreement and it shall not invalidate or render
unenforceable the remaining parts of this Agreement. d. Survival: Sections 12, 14,
and 17 survive termination.
d. Ethics Compliance: Mr. Diaz shall comply with Chapter 112, Florida Statutes (the
Florida Code of Ethics for Public Officers and Employees), Section 2-11.1 of the
Miami -Dade County Code of Ordinances, and Chapter 2, Art. V of the City Code.
e. Independent Review: The Parties hereby represent and warrant that each has had
adequate opportunity to review this Agreement; has adequate information
regarding the terms of this Agreement, and all other matters encompassed by this
Agreement to make an informed and knowledgeable decision with regard to
entering into this Agreement; has been given sufficient time and adequate
opportunity to consult with independent legal counsel as to the terms of this
Agreement, the scope and effect of the Agreement, and all other matters
encompassed by this Agreement to make an informed and knowledgeable decision
with regard to entering into this Agreement; and that each has independently and
without reliance upon the countersigning Party made its own analysis and decision
to enter into this Agreement.
f. Headings and Captions: Headings or captions in this Agreement are inserted only
for convenience and in no way define, limit or extend the scope or intent of this
Agreement or any provision hereof.
Section 19: Entire Agreement; Amendments; Governing Law
This Agreement constitutes the only agreement of the Parties hereto and sets forth
the rights, duties, and obligations of each of the Parties hereto to the other as of the
Effective Date. Any prior agreements, promises, negotiations, representations, or City
Commission discussions not expressly set forth in this Agreement are of no force or effect.
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by the City Manager, or his/her designee. This
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Slabntittiel into the pu
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City Cle&
Independent Inspector General
Employment Agreement
Antonio G. Diaz
Agreement shall be construed in accordance with the laws of the State of Florida. Venue
shall be in a court of competent jurisdiction sitting in Miami -Dade County, Florida.
[Signatures on the Following Page]
[Remainder of Page Intentionally Left Blank]
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Subr..�ttud into the puaiic
record or it -n;s) L -
on D City Clerk
Independent Inspector General
Employment Agreement
Antonio G. Diaz
In WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective officials or individuals duly authorized.
CITY OF MIAMI, FLORIDA,
a municipal corporation of the
State of Florida
ATTEST:
By: By:
Arthur Noriega V Todd B. Hannon
City Manager City Clerk
Date:
Approved as to Legal Form Approved as to Insurance
and Correctness Requirements
By: By:
George K. Wysong III
City Attorney
ANTONIO G. DIAZ;
Independent Inspector General
of the City of Miami
By:
Antonio G. Diaz
Date:
David Ruiz
Interim Director
Department of Risk Management
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