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HomeMy WebLinkAbout25835AGREEMENT INFORMATION AGREEMENT NUMBER 25835 NAME/TYPE OF AGREEMENT ANTONIO G. DIAZ DESCRIPTION EMPLOYMENT AGREEMENT/INDEPENDENT INSPECTOR GENERAL/FILE I D : 18090/R-25-0485 EFFECTIVE DATE November 20, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/2/2025 DATE RECEIVED FROM ISSUING DEPT. 12/2/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL 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-25-0485 was adopted on November 20, 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 November 20, 2025, the date Resolution No. R-25-0485 was adopted. Page 1 of 0 Independent Inspector General Employment Agreement Antonio G. Diaz Section 3: Employment and Duties The City agrees to employ Mr. Diaz as its I1G, 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 Page 2of8 Independent Inspector General Employment Agreement 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. !Page 3 of 8 Independent Inspector General Employment Agreement Antonio G. Diaz Section 10: Across the Board Adjuslu►enl(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 -swim 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 Page 4 of 8 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: lndemnilication 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 1 19, Page 5 of 8 Independent Inspector General Employment Agreement 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 2-1 1.1 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 Page 6 of 8 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] Page 7 of 8 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. Signed by: CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida DocuSigned by: IJ0Vitlt rttt tgtga V City Manager Approved as to Legal Form and Correctness DocuSigned by: By4t,ovrot, - OOGISO14 111 \,;\--tietlfgete...Wysong III NI City Attorney ANTONIO G. DIAZ; Independent Inspector General of the City ofM. i By: ItiA\ Antonio G. Diaz Date: 1\` 11-0 tid6Z°Glnnon City Clerk Date:December2, 2025 115:51:59 EST Approved as to Insurance Re uirSigneemdentsby: B : °wut"J =6Fc0�1 DavinRuiz 6 AGa}sa lb... Interim Director Department of Risk Management Page 8ofK Olivera, Rosemary From: Martinez, Ricardo (Employee Relations) Sent: Tuesday, December 2, 2025 4:15 PM To: Hannon, Todd; Ewan, Nicole; Olivera, Rosemary Cc: Roberts, Angela; Paschal, Erica; Colebrook -Williams, Natasha; Alban, Xavier E.; Diaz, Antonio G.; Ruiz, David; Wysong, George K. Subject: Employment Agreement — Independent Inspector General Antonio G. Diaz Attachments: IGANTON IODIAZem ploymentag reement_-_Nov_26_2025_-_8-00_AM.pdf Good afternoon Todd, Nicole, and Rosemary. Please find attached a fully executed copy of an agreement from Docusign that is to be considered an original for your records. Thank you Ricky i