Res No 136-13-13954RESOLUTION NO. 136 -13 -13954
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, approving a multi -year contract between the City of South Miami
and Steven Alexander for City Manager Services.
WHEREAS, pursuant to Article II, Section 7 of the City of South Miami Charter the
Mayor and City Commission is vested with the power to appoint a City Manager; and,
WHEREAS, the City, by Resolution No. 244 -12 -13801 on November 29, 2012 approved
Mr. Steven Alexander as the best candidate to act as the City's temporary City Manager:
WHEREAS, the City Commission desires to enter into a multi -year contract with Steven
Alexander for City Manager Services.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves the attached Contract, as amended,
and authorizes the Mayor, City Clerk and City Attorney to execute the Contract.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24th day of June, 2013.
ATTEST:
":• DI
MAfOR
RM, COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
EMPLOYMENT AGREEMENT BETWEEN
CITY OF SOUTH MIAMI, FLORIDA, AND STEVEN ALEXANDER
This Agreement, made and entered into this 1% 2013, by and between the City of
South Miami, Florida, a municipal corporation, (hereinafter called "City ") and Steven Alexander,
(hereinafter called "City Manager "), an individual who has the education, training and
experience in local government management and who, as a member of the International
City /County Management Association (ICMA), is subject to the ICMA Code of Ethics, both of
whom agree as follows:
Section 1: Term
A. The term of this Agreement shall be for an initial period of two (2) years from
A µ5&4 -V 2013, to 31 Ti- 1,, 2015, and, after the first year, the City shall have the option
to add two (2) additional years to the term of this contract.
In the event that the City Manager is terminated, as defined in Section 9 of this Agreement, the
City Manager shall be entitled to all compensation that shall include salary, accrued vacation
and car allowance. This compensation shall be paid in a lump sum or, at the City's option, in a
continuation of salary, on the existing [biweekly /monthly] basis, up until the date of termination.
Section 2: Duties and Authority
A. The City agrees to employ Steven Alexander as City Manager to perform the functions and
duties specified in Article III, Section 5 of the Charter for the City of South Miami and to perform
other legally permissible and proper duties and functions without interference.
B. The City Manager is the chief executive officer of the City and shall faithfully perform the
duties as prescribed in the job description as set forth in the City's charter and /or ordinances
and as may be lawfully assigned by the City and shall comply with all lawful governing body
directives, county, state, and federal law, City policies, rules and ordinances as they exist or may
hereafter be amended.
C. It shall be the duty of the City Manager to employ, direct, assign, reassign, evaluate, and to
accept resignations of all of the employees of the City under his supervision consistent with
policies, ordinances, charter, state and federal law.
D. It shall also be the duty of the City Manager to organize, reorganize, and arrange the staff of
the City and to develop and establish internal regulations, rules, and procedures which the City
Manager deems necessary for the efficient and effective operation of the City consistent with
the lawful directives, policies, ordinances, city charter, county, state and federal law.
E. The City Manager shall perform the duties of city manager of the City with reasonable care,
diligence, skill and expertise.
F. All duties assigned to the City Manager by the governing body shall be appropriate to and
consistent with the professional role and responsibility of the City Manager.
G. The City Manager cannot be reassigned from the position of City Manager to another
position without the City Manager's express written consent.
H. The City Manager or designee shall attend, and shall be permitted to attend, all meetings of
the governing body, both public and closed, or otherwise consistent with state law.
I. The governing body, individually and collectively, shall refer in a timely manner all substantive
criticisms, complaints and suggestions called to their attention to the City Manager for study
and /or appropriate action.
Section 3: Compensation
A. Base Salary: City agrees to pay City Manager an annual base salary of $160,000 for the first
year and $165,00 for the second year , payable in installments at the same time that the other
management employees of the City are paid.
Section 4: Health, Disability and Life Insurance Benefits
A. The City agrees to provide and to pay the premiums for health, hospitalization, surgical,
vision, dental, and comprehensive medical insurance for the City Manager and his /her
dependents, at a minimum, equal to that which is provided to all other employees of the City.
B. The City agrees to put into force and to make required premium payments for disability
coverage for the City Manager.
C. The City shall pay the amount of premium due for term life insurance in the amount of two (2)
times the City Manager's annual base salary, including all increases in the base salary during the
life of this Agreement.
Section 5: Vacation and Sick
Upon commencing employment, the City Manager shall be allowed to use all of his first year
vacation leave before it is accrued but should he leave before the end of the first year the
unaccrued leave shall be paid back to the City or debited from any amount owed to the City
Manager. Beginning the first day of employment, the City Manager may use his sick leave
before it accrues and it shall accrue at the rate of one (1) day per month. Vacation leave shall
accrue at the rate of 2.33 days per month. The City Manager shall be entitled to accrue and
retain, at the termination of this Agreement, up to 192 hours (or same as "staff ") of accrued
vacation leave.
Section 6: Automobile
The City agrees to pay to the City Manager, during the term of this Agreement and in addition
to other salary and benefits herein provided, the sum of $600 per month, payable monthly, as a
vehicle allowance. The monthly allowance shall be changed annually by the change in the
South Florida Consumer Price Index.
Section 7: Retirement
The City agrees to pay an amount equal to fourteen 14 percent (14 %) of his salary into a
retirement plan, designated by the City Manager and on the City Manager's behalf, in equal
proportionate amounts each pay period.
Section 8: General Business Expenses
A. The City may budget and pay for professional dues, travel, short courses, and seminars.
B. City shall pay for or reimburse the City Manager for all ordinary, necessary and reasonable
business expenses incurred or paid by the City Manager in furtherance of City's objectives, all of
which shall be reimbursed and paid in accordance with City's policies and procedures of
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general application. The City shall provide the City Manager with a credit card to be used by
the City Manager to pay for these expenses.
C. Recognizing the importance of constant communication and maximum productivity, the
City shall provide the City Manager a laptop computer, software, and a monthly allowance of
one hundred fifty dollars ($150) for mobile phone.
Section 9: Termination
A. This Agreement may only be terminated for the reasons set forth in this section. For the
purpose of this Agreement, termination shall occur:
If three members of the governing body vote to terminate the City Manager without
cause in accordance with this Agreement at a properly posted and duly authorized
public meeting or fails to appropriate each year an amount sufficient from available
funds of the municipality to pay all financial obligations of the City pursuant to this
Agreement for that year, including but not limited to, the severance and other
benefits set forth in Section 10.
2. If any provisions of the charter or code of ordinances pertaining to the role, powers,
duties, authority and responsibilities of the City Manager's position that substantially
changes the form of government, the City Manager shall have the right to declare
that such amendments constitute termination.
3. The City shall not reduce the base salary, compensation or any other financial benefit
of the City Manager and, if it does, such action shall constitute a breach of this
Agreement and will be regarded as a termination unless the City enacts salary
reductions for Department heads and general employees to the some extent. In the
latter event, the City Manager's salary may be reduced accordingly and such event
shall not be an event of termination or breach.
4. If the City Manager resigns following an offer to accept resignation, by resolution of
the majority of the governing body that the City Manager resign, then the City
Manager may resign and declare a voluntary termination as of the date of the
suggestion.
5. Substantial Breach of Contract.
Written notice of a breach of contract shall be provided in accordance with the
provisions of Section 19 except when intentional breach by the City Manager is
verified.
City Manager is found to have committed the offenses authorizing termination for
cause as set forth and defined in Section 10.
The City Manager resigns as provided in Section 11, without a request from the
commission as set forth in paragraph 4 above.
Section 10: Severance
Severance shall be paid to the City Manager when employment is terminated as defined in
Section 9, unless termination is for cause or due to his voluntary resignation as provided in
paragraph 7 of Section 9. When severance is owed, the City shall provide a minimum
severance payment equal to four (4) months salary at the then current rate of pay as well as the
benefits set forth below. This severance shall be paid in a lump sum or in a continuation of
payment salary and benefits on the existing biweekly /monthly basis, at the City's option.
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A. The City agrees to continue contributing to the City Manager's retirement account or plan in
effect on the date of termination, at the rate in effect on the date of termination during the
severance period.
B. For the severance period following termination, the City shall pay the cost to continue the
following benefits:
1. Health insurance for the City Manager and all dependents as provided in Section 4A,
after which time, City Manager will be provided access to health insurance pursuant
to the Consolidated Omnibus Budget Reconciliation Act ( "COBRA ")
2. All other benefits set forth here and above.
If the City Manager is terminated "for cause ", which shall be defined as an act of fraud,
dishonesty, or conviction of any criminal act (except for minor traffic infractions), including a
felony conviction, or due to a substantial breach as in Section 9 above, then the City is not
obligated to pay severance under this section.
Section 11: Resignation
In the event that the City Manager voluntarily resigns without a request from the commission, as
set forth in paragraph 4 of Section 9, his position with the City, the City Manager shall provide a
minimum of thirty (30) days' notice unless the City and the City Manager agree otherwise.
Section 12: Performance Evaluation
A. The City may annually review the performance of the City Manager in May of each year, in
accordance with the process, form, criteria, and format for the evaluation, which shall be
mutually agreed upon by the City and the City Manager.
B. The annual evaluation process, at a minimum, shall include the opportunity for both parties
to: (1) conduct a formulary session where the governing body and the City Manager meet first
to discuss goals and objectives of both the past twelve (12) month performance period as well
as the upcoming twelve (12) month performance period; (2) following that formulary discussion,
prepare a written evaluation of goals and objectives for the past and upcoming year, (3) next
meet and discuss the written evaluation of these goals and objectives; and, (4) present a written
summary of the evaluation results to the City Manager. The final written evaluation, prepared by
each commission member individually, shall be completed and delivered to the City Manager
and the City Clerk within thirty (30) days of the initial formulary evaluation meeting, if any.
Section 13: Hours of Work
The City recognizes that the City Manager must devote a great deal of time outside the normal
office hours on business for the City, and to that end City Manager shall be allowed to establish
an appropriate work schedule. The schedule shall be appropriate to the needs of the City and
shall allow the City Manager to faithfully perform his assigned duties and responsibilities.
Section 14: Ethical Commitments
The City Manager will at all times uphold the tenets of the ICMA Code of Ethics, a copy of which
is attached hereto and incorporated herein. Specifically, the City Manager shall not endorse
candidates, make financial contributions, sign or circulate petitions, or participate in fund - raising
activities for individuals seeking or holding elected office, nor seek or accept any personal
enrichment or profit derived from confidential information or misuse of public time. Provided,
however, the City Manager may attend fundraisers for issues or candidates, excluding City of
South Miami issues or Mayor /Commission seats.
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The City shall support the City Manager in keeping these commitments by refraining from any
order, direction or request that would require the City Manager to violate the ICMA Code of
Ethics. Specifically, neither the governing body nor any individual member thereof, shall request
the City Manager to endorse any candidate, make any financial contribution, sign or circulate
any petition, or participate in any fund - raising activity for individuals seeking or holding elected
office, nor to handle any matter of personnel.
Section 15: Outside Activities
The employment provided for by this Agreement shall be the City Manager's primary
employment. The City Manager may continue to receive residual compensation from activities
prior to this Agreement. Recognizing that certain outside consulting or teaching opportunities
provide indirect benefits to the City and the community, the City Manager may elect to accept
limited teaching, consulting or other business opportunities with the understanding that such
arrangements must not create a conflict of interest nor constitute interference with his
responsibilities under this Agreement. No new revenue producing activities are permitted unless
approved by resolution of the City.
Section 16: Indemnification
A. The City shall defend, indemnify and pay all judgments or settlements in regard to any
personal liability arising out of and in the scope of the City Manager's responsibilities, to the fullest
extent authorized by Section 111.071, Florida Statutes, and other laws, and in accordance with
South Miami Code of Ordinances Sec. 2 -4.6. titled "Indemnification ", in addition to any
insurance purchased by the City. The City agrees to pay all reasonable litigation expenses of
the City Manager throughout the pendency of any City of South Miami litigation to which the
City Manager is a party as a result of acts or omission within the course and scope of his
employment, witness or advisor to the City. Such expense payments shall continue beyond the
City Manager's service to the City as long as litigation is pending.
B. Nothing in this section shall constitute a waiver of sovereign immunity or a waiver of any other
defense or immunity to such lawsuits.
C. Nothing in this section shall create any private right of action against the City by any third
party.
D. Nothing in this section shall provide for any defense, indemnification or payment if the City
Manager acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and
willful disregard of human rights, safety or property.
Section 17: Bonding
The City shall bear the full cost of any fidelity or other bonds required of the City Manager under
any law or ordinance.
Section 18: Other Terms and Conditions of Employment
A. The City, only upon written agreement with City Manager, approved by resolution, shall fix
any such other terms and conditions of employment, as it may determine from time to time,
relating to the performance of the City Manager, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of, the City Charter, local ordinances or any
other law.
B. Upon the termination of this Agreement for any reason (other than for cause or voluntary
resignation as set forth in paragraph 4, Section 9), the City shall enter into a separate Agreement
with Steven Alexander with a term of not less than two (2) months for management consulting
Page 5 of TP 90
relating to the transition of City Managers at the City Manager's then rate of compensation
including all benefits detailed in Section 10.
Section 19: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United
States Postal Service, (by registered mail to the Mayor and the City Manager), postage prepaid,
personal service, provided the recipient signs a receipt which must be produced to prove
delivery, or by some other service, including e -mail (e -mail to the City Clerk constitutes delivery
to the Mayor and the City Attorney), if it provides proof of delivery or receipt and addressed as
follows:
CITY Mayor
6130 Sunset Drive
South Miami, FL 33143 -5093
With a copy to: City Attorney
6130 Sunset Drive
South Miami, FL 33143 -5093
CITY MANAGER:
Maria M. Menendez, CMC
City Clerk
6130 Sunset Drive
South Miami, FL 33143 -5093
E -mail: Mmenendez @southmiamifl.gov
Steven Alexander
City Manager
6130 Sunset Drive
South Miami, FL 33143 -5093
Notice shall be deemed given as of the date of personal service provided the recipient signs a
receipt, which must be produced to prove delivery, or as the date of receipt by registered mail
or by some other service that provides proof of delivery.
Section 20: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the
City and the City Manager relating to the employment of the City Manager by the City. Any
prior discussions or representations by or between the City and the City Manager are merged
into and rendered null and void by this Agreement. The City and the City Manager by mutual
written agreement, approved by resolution of the governing body, may amend any provision of
this agreement during the life of the agreement. Such amendments shall be incorporated and
made a part of this agreement.
B. Binding Effect. This Agreement shall be binding on the City and the City Manager as well as
their heirs, assigns, executors, personal representatives and successors in interest.
C. Effective Date. This Agreement shall become effective on June 2013,
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect
the validity of any other provision. In the event that any provision of this Agreement is held to be
invalid, the remaining provisions shall be deemed to be in full force and effect as if they have
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been executed by both the City and the City Manager subsequent to the expungement or
judicial modification of the invalid provision.
E. Precedence. In the event of any conflict between the terms, conditions and provisions of this
Agreement and the provisions of the City's permissive ordinances or the City's rules and
regulations, or any permissive state or federal law, then, unless otherwise prohibited by law, the
terms of this Agreement shall take precedence over contrary provisions of the City's permissive
ordinances, or the City's rules and regulations or any such permissive law during the term of this
Agreement.
F. Waiver of Jury Trial. The parties to this Agreement hereby waive any right they may have to a
jury trial with regard to any matter or dispute between the parties and arising out of this
Agreement.
G. This contract shall be governed by the laws of the state of Florida and venue shall be in
Miami -Dade County, Florida.
City of South Miami
By: xyalaj-.,J,�
Mayor Philip K. Stoddard_
Executed this the 18 day of J , 2013.
Steven J. Alexander
By:
St e . lexander
Executed this the -/.0/- day of ~S�l 2013.
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