Res No 110-14-14204RESOLUTION NO.110-14-14204
A Resolution approving the amendment to the 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 andCity Commission are vested with the power to appoint aCity Manager;and,
WHEREAS,theCity,appointed Mr.Steven Alexander astheCity Manager and entered
intoatwoyearcontractwithhimonJuly 13,2013 witha commencement date of August1,2013
andan expiration date of July 31,2015;and
WHEREAS,the City Commission desires to amend the contract with Steven Alexander,
forCity Manager Services.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.TheCity Commission herebyapprovesthe attached Contract between the
City of South Miami and Steven Alexander.
Section 2.Thisresolutionshalltakeeffectimmediatelyuponadoption.
PASSED AND ADOPTED this _20tlflay of May ?2014.
ATTEST:APPROVED:
0J0UU
MAYOR
READAgM*^OVED AS TJ1FORM,COMMISSION VOTE:5-0
LAN*s£ft&E,LEGALITY ANDJ Mayor Stoddard:Yea
EXEfCl^I^N THEREOT //Vice Mayor Harris:Yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
EMPLOYMENT AGREEMENT BETWEEN
CITYOFSOUTH MIAMI,FLORIDA,AND STEVEN ALEXANDER
This Agreement,made and entered into this May20,2014,by and between the CityofSouth
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 ofEthics,both of
whom agree as follows:
Section 1:Term
A.The term ofthis Agreement shall be for an initial period of3 years from May 20,2014,to
May 20,2017,and,after the second year,the Cityshall 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 9ofthis Agreement,the
City Manager shall be entitled toall compensation that shall include salary,accrued vacation
and car allowance.This compensation shall be paid ina lump sum or,at the City's option,ina
continuation of salary,on the existing [biweekly/monthly]basis,up until the date of termination.
Section 2:Duties and Authority
A.TheCity agrees to employ Steven Alexander as City Manager to perform the functions and
duties specified in Article III,Section 5of the Charter for the Cityof South Miami and to perform
other legally permissible and proper duties and functions without interference.
B.TheCity 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.TheCity 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.TheCity Manager cannot be reassigned from the position ofCity Manager to another
position without the City Manager's express written consent.
H.TheCity 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 inatimely manner all substantive
criticisms,complaints and suggestions called totheir attention to the City Manager forstudy
and/or appropriate action.
Section 3:Compensation
A.Base Salary:City agrees to pay City Manager an annual base salary of $175,000,the first
year,$180,000 the second year and $185,000 the third year payable in installments at the same
time that the other management employees of the City are paid.During the first three years of
this Contract,the City Manager shall not apply foror accept any employment ina public
administrative position without the consent by resolution of the City Commission.
Section 4:Health,Disability and Life Insurance Benefits
A.TheCity 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.TheCity agrees to put into force and to make required premium payments fordisability
coverage for the City Manager.
C.TheCityshall 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
TheCity Manager shall accrue sick leave at the rate of one (1)day per month.Vacation leave
shall ^accrue at the rate of2.33 days per month.TheCity Manager shall be entitled to accrue
and retain,at the termination of this Agreement,accrued vacation leave.
Section 6:Automobile
The City agrees to pay to the City Manager,during the term ofthis 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
TheCity agrees to pay an amount equal to fourteen 14 percent (14%)ofhis 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.Cityshall pay foror reimburse the City Manager forall ordinary,necessary and reasonable
business expenses incurred or paid by the City Manager in furtherance of City's objectives,allof
which shall be reimbursed and paid in accordance with City's policies and procedures of
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.
Page2 of7
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 inthis section.For the
purpose of this Agreement,termination shall occur:
1.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 formof government,the City Manager shall have the right to declare
that such amendments constitute termination.
3.TheCityshall not reduce the base salary,compensation or any other financial benefit
of the City Manager and,ifit 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 same 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 resignsfollowing an offerto accept resignation,byresolutionof
the majorityof 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 ofa breach of contract shall be provided in accordance with the
provisions ofSection19 except when intentional breach by the City Manager is
verified.
6.City Manager is foundto have committed the offensesauthorizingterminationfor
cause as set forth and defined in Section 10.
7.TheCity Manager resignsasprovidedinSection 11,withouta 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
Section9,unless termination is for cause or due to his voluntaryresignationasprovided in
paragraph 7ofSection9.When severance is owed,theCityshallprovidea minimum
severance payment equal tofour (4)monthssalary at the then current rate of pay aswellas the
benefitsset forth below.This severance shall bepaid in alumpsumor in acontinuationof
payment salary and benefitsonthe existing biweekly/monthly basis,at theCity'soption.
Page 3 of7
A.TheCity 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 Cityshall 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.If the
City Manager resigns he shall not apply foror accept any position ina public administrative
position for at least six months following his resignation without the consent by written resolution
of the City.
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
TheCity Manager will at all times uphold the tenets of the ICMA Code ofEthics,a copy of which
is attached hereto and incorporated herein.Specifically,the City Manager shall not endorse
candidates,make financial contributions,signor 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,
Page 4 of7
however,the City Manager may attend fundraisersforissuesor candidates,excluding Cityof
South Miami issues or Mayor/Commission seats.
TheCityshall 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.TheCityshall 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
SouthMiami Code of Ordinances Sec.2-4.6.titled "Indemnification",in addition to any
insurance purchased by the City.TheCity agrees to pay all reasonable litigation expenses of
the City Manager throughout the pendency of any CityofSouthMiamilitigationtowhich the
City Manager is apartyasaresultof acts or omission within the course and scope of his
employment,witnessor advisor to the City.Such expense payments shall continue beyond the
City Manager's service to the Cityaslongaslitigation is pending.
B.Nothing in this sectionshallconstituteawaiverofsovereign immunity orawaiverofanyother
defense or immunity to such lawsuits.
C.Nothing in this section shall create anyprivate right ofaction against the City byany third
party.
D.Nothing in this section shall provide for anydefense,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 costofany fidelity orotherbonds required ofthe City Managerunder
any law or ordinance.
Section 18:OtherTerms and Conditions of Employment
A.The City,onlyuponwritten agreement with City Manager,approved by resolution,shall fix
any such other terms and conditions of employment,asitmay determine fromtimetotime,
relatingtothe performance ofthe City Manager,providedsuchterms and conditions are not
inconsistent with or in conflict with the provisions of,the City Charter,local ordinances orany
other law.
Page 5 of7
B.Upon theterminationof this Agreement for anyreason(otherthanfor cause or voluntary
resignation asset forth in paragraph 4,Section 9),the City shall enter intoa separate Agreement
with StevenAlexander with atermofnot less thantwo (2)monthsfor management consulting
relatingtothe transition ofCity Managers at theCity Manager's then rate of compensation
including all benefits detailed in Section 10.
Section 19:Notices
Notice pursuant to this Agreement shall be givenby depositing in the custody of the United
States PostalService,(by registered mailto the Mayor and the City Manager),postage prepaid,
personal service,provided the recipient signsa receipt which must be produced to prove
delivery,orby some other service,including e-mail(e-mailto the CityClerk constitutes delivery
to the Mayor and the City Attorney),ifit provides proof of delivery or receipt and addressed as
follows:
CITY
Witha copy to:
CITY MANAGER:
Mayor
6130 Sunset Drive
South Miami,FL 33143-5093
City Attorney
6130 Sunset Drive
South Miami,FL 33143-5093
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.TheCity 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 May 20,2014.
Page 6 of7
D.Severability.The invalidity orpartial invalidity ofanyportionof this Agreement will not affect
the validity ofany other provision.In the event that any provision of this Agreement is heldtobe
invalid,theremaining provisions shall be deemed to be in full force and effect as if they have
been executed by both the City and the City Manager subsequent tothe expungement or
judicial modification of the invalid provision.
E.Precedence.In the event of any conflict between the terms,conditions and provisionsofthis
Agreement and the provisionsof the City'spermissive ordinances or the City'srules and
regulations,or any permissive state or federal law,then,unless otherwise prohibited bylaw,the
termsofthis Agreement shall take precedence over contrary provisionsof the City'spermissive
ordinances,or the City'srules and regulations or any such permissive law during the term ofthis
Agreement.
F.Waiver ofJury Trial.The parties to this Agreement hereby waive any right they may have to a
jurytrialwith regard to any matter or dispute between the parties and arising out ofthis
Agreement.
G.This contract shall be governed by the laws of the state of Florida and venue shall be in
Miami-Dade County,Florida.
Read apd^Cpbf-oved as to/rirm,language,
LegaJify^anqrE^ecution th#r£of:
By:
City of South Miami
Mayor PhilipK.Stoddard
Executed this the _?J_day of /*«y
Steven J.Alexander
.,2014.
Steven J.Alexander
Executed this the2lLday of MA*f .2014.
Page 7 of7
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonally appeared
M.ZALDIVAR,whoonoath says that heor she isthe
LEGAL CLERK,LegalNoticesofthe Miami Daily Business
Review f/k/a Miami Review,adaily(exceptSaturday,Sunday
and LegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;thatthe attached copyof advertisement,
being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 5/20/2014
in the XXXX Court,
was published in said newspaper in the issues of
05/09/2014
Affiant furthersaysthatthesaid Miami Daily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Floridaandthatthesaid newspaper has
heretofore been continuously published insaid Miami-Dade County,
Florida,eachday(exceptSaturday,Sundayand Legal Holidays)
andhasbeenentered as secondclassmailmatteratthepost
officein Miami insaid Miami-Dade County,Florida,fora
periodofoneyearnextprecedingthefirstpublicationofthe
attachedcopyofadvertisement;andaffiantfurther says thatheor
shehasneitherpaidnorpromisedanyperson,firm or corporation
any discount,rebate,commissionorrefundforthepurpose
of securing this advertisement/Dr publication inthesaid
newspaper.
M.ZALDIVAR personallyknowntome
:th^tfo^su^irifpui^-;
'reo^-^the ^^c^
:4pa^iq|nc1^
14^213/2280882M
30SE I SUNDAY,MAYU,2014 SE MiamiHerald.com I MIAMI HERALD
CITYOFSOUTHMIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission ofthe City ofSouth Miami,Florida will conduct Public Hearings)atits regular
City Commission meeting scheduled torTuesday.Mav an.201*beginning at 7:00 p.m.,inthe City Commission Chambers.
6130 Sunset Drive,to consider the following itemfs):v
8 AResolution approving the amendment tothe multi-year contract between the City ofSouth Miami and Steven Alexander for J
<L City Manager Services.*
AResolution authorizing the City Manager toexecute a three (3)year inter-local agreement between Miami-Dade County.
Miami-Dade Police department,and the City ofSouth Miami tor School Crossing Guard Services for 2014/2015,2015/2016 and
2016/2017 school years.
AResolution authorizing the City Manager toenter into a two (2)year contract with Downtown Towing with the option of
three(3)one(1)yearadditional periods ofservice.
An Ordinance amending Section 20-3.3(E)ofthe City ofSouth Miami Land Development Code concerning outdoor seating and
dining requirements for allcommercial properties,except for properties intheRO •Residential Office zoning district
An Ordinance amending Section 13-31 oftheCity ofSouth Miami Code ofOrdinances concerning useofthename
"City ofSouthMiami andcity'sofficial sealandlogo.
An Ordinance amending Section 20-L3 -Definitions,toinclude a definition for Temporary Structures and Section 20-3.6(0
entitledAccessory Structuresor Uses.
An Ordinance ofthe City ofSouth Miami,Florida amending the Land Development Code,Section 20-4.5 repealing subsections
(h),(i).(i).(k).(D.(m)and (n)andadding section 20-4.5.1 titled "tree protection"including,butnot limited to,provisions
concerning intent definitions,applicability and providing for treeremoval requirements,applications,permits,fees tree
mitigation andprotection,enforcement,penalties,remedies,andappeals.
An Ordinance amending the City ofSouth Miami Code of Ordinances,Section 2-2.1 and adding subsection (0)to
establish,pursuant b Section 286.0115,Florida Statutes,a procedure governing exparte communications inconnection
withquasi-judicial matters.
ALL interestedpartesare invited toattendand willbeheard.
Forfurtherinformation,pleasecontactthe CityClerk's Office at 305-653-5340.
MariaM.Menendez.CMC
CityClerk
Pwsuant 10 florida Stages286.01 OS,theOJy hereby advise*theput*:C«tilawf$<mdakteJoappealany(JecSioomadBbymi5Boart,Ai^ncyaConimbslon
vtriibrespert toanymatter considered attermtingw
toensure thata verbaBm record of theproceedings Ismatet^^
72nd
IU«U<yfe;M^ric«,l»?;irwi/w«.
Brad@72nd Ave.has partnered with the League Against Cancer
to host the "Hope for Life"benefit event.
With your small donation,you'll enjoy:
•Hors d'oeuvres by Chef Pepe
•Wine by Top Hat Wine &Spirits
•Dessert by Doral Bakery
•Music under the stars
•Raffle for exciting prizes
•Artwork,jewelry,home decor and more donated
by local retailers for purchase
The Shops at Lakeshore Park
48 Street &72nd Avenue S.W.
Saturday,May 17th,2014
from 7pm.-11pm.
Join us!
100%of all proceeds will helpthosebattlingcancer