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7OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING MEMORANDUM To: The Honorable Mayor & Members of the City Commission DATE: October 17, 2017 Agenda Item NO.:j FROM: Steven Alexander, City Manager SUBJECT: A Resolution approving renewal of the prior agreement between the City and Steven Alexander for City Manager Services, amending Section 10. A. to comply with City's current pension ordinance and allowing for adjustments to salary and benefits that are provided for in each annual budget. BACKGROUND: With over 25 years of leadership experience in a wide variety of areas with Florida government, my experience includes having provided services in a professional capacity to the State of Florida, two Public Florida State Universities, and Broward County. I served as Assistant to the County Administrator in Broward County. Additionally, I have been the first official City Manager for two municipalities in South Florida, EI Portal and Cutler Bay. As the first Town Manager in Cutler Bay, I was responsible for the planning and establishment of every aspect of the precedent setting Town, which has under my leadership risen to County-wide respect and admiration. My experience in managing broad general governmental issues is outstanding both in scope and complexity. I have headed or served in a major capacity on strategic planning and negotiating teams for such projects as Blockbuster Park, the Panthers Hockey Arena, multimillion-dollar agreements (including annexation between several local governments and private enterprises relating to Port Everglades), the Fort Lauderdale/Hollywood International Airport, and other major endeavors. The Port Everglades project included the very significant governmental transition of changing the governance of Port Everglades from an independent Authority, to being part of Broward County Government overseen by the Board of County Commissioners. My experience in successfully managing government operations is extensive. During my five years in the leadership of Broward County, I was an integral part of virtually every solution to major issues, where among other responsibilities, and was given the task of restructuring the management and organization of over 7,000 employees. I was responsible for the oversight and contract negotiation for the Broward Resource Recovery Board, including two waste-to- energy incinerators and two major landfills. I led a team to reorganize the emergency management service (EMS) or Fire Rescue delivery system for the entirety of Broward County. I also headed the Public Affairs Department, which handled all of the governmental relations, program marketing, and public information, spanning Congress to local special districts. OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING MEMORANDUM I was part of the leadership team that helped to create the governmental structure for Blockbuster Park, the first privately held District with municipal powers similar to a county government since the creation of Disney Worlds Reedy Creek Improvement Distritt. I was selected to draft the framework for this massive project designed by Wayne Huizenga during his tenure as CEO of Blockbuster. I also created the Green Corridor District in Miami Dade County, which is a nationally ground breaking clean energy financing opportunity. As a legislative expert, I have been widely noted as an individual who is innovative in my approach to complex issues. My creative vision has received the highest compliment from the EPA, as it based its Federal underground storage tank (gasoline, propane and other hazardous substances) program on a. policy including amnesty that I created and the initial legislation, that I drafted for the State of Florida. In 2007 I conceived of and initiated a legislative amendment that ensured that all newly created municipalities remain exempt from the property tax cuts for a five year period. These property tax cuts were created by the Legislature in 2007. The Legislature and the Governor agreed with our assertion that new cities need the ability to generate the infrastructure and fund resources necessary to provide adequate services for the residents which would have been virtually impossible without the exemption. My experience provides me the skills needed to understand the challenges cities face when tackling municipal issues. I have demonstrated the proficiency required to work effectively with finance, budgets, parks, public works, zoning, intergovernmental relations, and capital projects, as well as many other issues faced by local governments. Additionally, I am particularly sensitive to the demands faced by elected officials to satisfy the public's need for quick action and constant information. I also have the unique perspective of having provided professional services to numerous private business's and governmental entities while working in the private sector. During my career, I have been trusted by a Governor and the Presidents of two Public Universities and many pr,ivate companies, including the $56 billion publicly-traded Clear Channel Communications and two municipalities to make the right decisions, hire the right people, and build the right relationships to meet the various goals of these organizations. My efforts with community organizations from the Greater Miami Chamber of Commerce and the Beacon Council to the Miami-Dade Cultural Affairs Council, which grants over $14 million each year, show my belief that community participation is critical to a successful governmental structure. Success in making decisions, obtaining goals and being trustworthy, has earned me respect among my peers. As the first Town Manager of the Town of Cutler Bay, with a population of over 42,000 residents and covering an area approximately 10 square miles, we grew from an initial loan of $300,000 to an overall budget of $27 million. My responsibilities included hiring all OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING MEMORANDUM administrative staff and planning and providing for the execution of virtually every component of the Town administrative functions. 1 initiated a series of economic development strategies for the Town, which had been significantly stagnant since Hurricane Andrew. 1 was the initial force behind the establishment of the Property AS$essed Clean Energy (PACE) program in the State of Florida and led the way to create necessary legislation, which enables property owners to borrow money to finance and install solar panels on their homes .. 1 was also responsible for the Town becoming certified Silver by the Florida Green Building Coalition (FGBCL the only local government in Miami-Dade County to achieve such an award. 1 budgeted for and planted over 1000 trees in 5 years, which helped earn the Tree City USA distinction. Virtually every Department's budget and every project undertaken by the Town has been at or under budget since incorporation during my tenure. A maximum of 3D, but typically fewer, full time positions were established within the administration, not including the 51 sworn police officers, to successfully and efficiently manage the responsibilities of demands of the vibrant and diverse community. Public safety was an ongoing top priority and crime was reduced significantly and response time was substantially reduced each year of my administratio.n. As Town Manger, 1 created reserves well over Government Finance Officers Association (GFOA) recommended levels (92% of the operating budget of approximately $17 Million) which is very ambitious for a newly established municipality due to the huge start up expenses. The Town repeatedly received the GFOA award for excellence in financial reporting during my tenure. During my service in South Miami, 1 have taken actions that have saved the City approximately two million dollars (over $1,000,000 in payroll savings and over $950,000 in capital project savings). ANALYSIS: 1 fought for the ability to meet with the plaintiffs in the Metro South affordable housing project, which had been halted due to the position of the City. 1 successfully negotiated a settlement of a $26 million lawsuit with no additional cost to the City. Through my efforts we now have 91 affordable senior apartment units (age-restricted to 55 and over, 19 of which are disabled accessible, and the balance of which are disabled adaptable). 1 have negotiated a settlement with the YMCA that left us with full control and possession of the 10 acre South Miami Park at no additional cost to the City. This park can easily be valued at over $6 million and it is now fully in the unfettered ownership of the City of South Miami. 1 created a very transparent and unique process for hiring a Police Chief. This process was highly regarded as innovative and other Cities who were interested in following the creative public involvement process immediately requested its format. This process led to the hiring of Chief Landa who, once hired, has lead his force on a continual reduction in crimes and many improvements in operational issues under my leadership. OFFICE OF THE CITY MANAGER THE CITY OF Pl.EASANT UVING MEMORANDUM I have lead the Police Department to a successful and prestigious accreditation and reaccreditation of our Police force. Please remember, when we praise the Police Department or Chief Landa, the Chief is leading his Department as directed and authorized by the City Manager. The Police receive their direction and programing from me on an almost daily basis, which may have been different with past City Managers. I am very proud of the accolades that our management has brought the South Miami Police Department and the contrast that is evident between the Police policies, reputations and practices under my tenure versus some prior City Managers. I secured funding for the construction of our community pool from funds that were determined by the County to be expired. Due to my specific and repeated efforts, in opposition to Mayor Gimenez's Deputy Mayor and the forceful arguments from the former PCHD Director who also works for Mayor Gimenez, took courage, know how, and was successful based on my prior work, which is known and recognized by Mayor Gimenez. I negotiated several successful collective bargaining agreements with our Police and general employees. These negotiations have lead to a better sense of stability and predictability for our employees I revamped the Administrative staff and saved money (over a million dollars) in the process. Additionally, I have negotiated or managed to save over $950,000 in capital projects benefiting South Miami. I established the SoMi circulator to increase commerce in our downtown area. This has been a long sought amenity for South Miami and through my leadership, strategy and perseverance; we now have a trolley like service. CONCLUSION AND RECOMMENDATION: I have saved the City of South Miami millions of dollars, brought professional organization, pride and respect to our staff, and brought critical stability to the City, which used to be renowned for the opposite. There are many important projects and transitions available to the City in the next few years and I recommend the resolution authorizing a renewal of my Agreement for a three year period, so that I may continue to assist and improve this outstanding City. ATTACHMENTS: • Draft Resolution • 1 2 3 4 5 6 7 RESOLUTION NO. ________ ~ A Resolution approving renewal of the prior agreement between the City and Steven Alexander for City Manager Services, amending Section 10. A. to comply with City's current pension ordinance and allowing for adjustments to salary and benefits that are provided for in each annual budget. 8 WHEREAS, pursuant to Article II, Section 7 of the City of South Miami Charter, 9 the Mayor and City Commission are vested with the power to appoint a City Manager; and 10 11 WHEREAS, the City Commission appointed Mr. Steven Alexander as the City 12 Manager beginning in January 2013, and entered into a three-year agreement with him on 13 May 20,2014 with a commencement date of May 20,2014 and an expiration date of May 14 20,2017; and 15 16 WHEREAS, the City Commission desires to renew the most recent three-year 17 agreement with Steven Alexander, for City Manager services. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 22 Section 1. The City Commission hereby approves a renewal of the most recent 23 three-year Agreement between the City of South Miami and Steven Alexander, as 24 attached, with a new expiration date of May 20, 2020, inclusive of COLA, and, other 25 adjustments as may be provided for in each annual budget. Section 10. A. ofthe most 26 recent written contract shall be amended by interlineation with the following underlined 27 text added and the following text with a line striking through it deleted: 28 29 The City agrees to continue contributing to a retirement account or plan designated 30 by the City Manager, other than the South Miami Pension Plan, to the City 31 Manager's retirement account or plan in effect on the date of termination, at I 32 the same rate in effect on the date of termination, during the severance period. 33 34 Section 2. If any section clause, sentence, or phrase of this resolution is for any 35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 36 shall not affect the validity of the remaining portions of this resolution. 37 38 39 40 41 42 43 44 45 46 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this __ t_h day of _____ , 2017. ATTEST: APPROVED: CITY CLERK MAYOR 1 READ AND APPROVED AS TO FORM, COMMISSION VOTE 2 LANGUAGE, LEGALITY, Mayor Stoddard: 3 AND EXECUTION THEREOF: Vice Mayor Welsh: 4 Commissioner Edmond: 5 Commissioner Harris: 6 Commissioner Liebman: 7 CITY ATTORNEY ~ 10 11 12 13 14 15 16 17 PASSED AND ADOPTED this __ day of ____ " 2017. RESOLUTION 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 and City Commission are vested with the power to appoint a City M~ager; and, WHEREAS, the City, appointed Mr. Steven Alexander as the City Manager and entered into a two year contract with him on July 13, 2013 with a commencement date of August 1,2013 and an expiration date of July 31, 2015; and WHEREAS, the City Commission desires to amend the 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 between the City of South Miami and Steven Alexander. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20tlHay of_M_a----=y=----____ , 2014. ATTEST: APPROVED: GR~Q;:~ lug{j)~ MAYOR COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea Commissioner Welsh:. Yea EMPLOYMENT AGREEMENT BETWEEN . CITY OF SOUTH MIAMI, FLORIDA, AND STEVEN ALEXANDER This Agreement, made and entered into this May 20, 2014, by and beiween 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 foran initial period of 3 years from May 20, 2014, to May 20, 2017, and, after the second 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, charfer,;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 intemal 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 sholl 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 sholl be appropriate to and consistent with the professional role and responsibility of the City Manager. G. The City Manager canr:lot 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 $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 for or accept any employment in a public administrative position without the consent by resolution of the City Commission. Section 4: Health, DisabilHy 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 Agreemeni. Section 5: Vacation and Sick The City Manager shall accrue sick leave 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, 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 s.um 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 amoL)nt 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 a'nd 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 prqcedures 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. Page 2 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 in this 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, dunes, 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 c:;onstitute 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 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 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 arld 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 of Section 19 except When intentional breach by the City Manager is verified. . 6. City Manager is found to have committed the offenses authorizing termination for cause asset forth and defined in Section 10. 7. 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 ot payment salary and benefits on the existing biweekly/monthly basis, at the City's option. Page 3 of7 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. If the City Manager resigns he'shall not apply for or accept any position in a public administrative position for at least six months following his resignation witnoutthe 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 shc:ill 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 tei 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 wiH 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, Page 4 of7 however, the City Manager may attend fund raisers for issues or candidates, excluding City of South Miami issues or Mayor/Commission seats. 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, sholl 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 sholl 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, fhe City Mc;mager 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 shoJi 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 expens~s 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 sholl 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 sholl bear the full cost of any fidelity or other bonds required of the City Manager under any low or ordinance. Section 18: Other Terms and Conditions of Employment A. The City, only upon written agreem~nt 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. Page 50f7 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 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 With a copy to: CITY MANAGER: Mayor 6130 Sunset Drive South Miami, FL 33143-5093 City A ttomey 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@southmiamifLgov 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 May 20,2014. Page 6 of7 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 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 maHer 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: ~¥!,tfJA.J1- May r Philip K. Stoddard Executed this the ~ day of 1"'-"'7 ,2014. Steven J. Alexander By:= _______ _ steven J. Alexander Executed this the ~ day of ~A t ,2014. Page 70f7 ~?~!:J .. ~_ND~~~~~l!!.~O~._ ..•..... _._._._~§..._. ____ ._._._. __ ._ .. ____ _ oartn<;rshlo wfth the Office of the Honorable Dennis C. MosS, Commissioner, District 9 .'!~.":;:Gu!'5tSp"aker. Matthew Woodforl<. Ph.D. ~"~("~'-it . . . ... ';'" ; .);, '. .f; ';f .. Robert Say,yer. LM.H.C. May:l.5th I 6;00 p.m. -8:30 p.m. , Regional library 2i1th Street, Cutrer Bay, FL 33189 Today: http://tinYLJrJ.comjBlackMaleSouth ~ '\~ t:'" ..... .;;..-r_~--..... . '.,1 O"\~~ .+-". . . '"'i. '(i l' '. @f1ubenlJ~ W"''';''''''''''''''1cO jeUI 1~· '~.' ~··t 5753 Bird Rd I Miami, FL 33155 I 305-667-3772 Miaml~~:!:~'!:...L~J.AMI !2.~~~~ @ CITY OF SOUTH MIAMI COURTESY NOTICE N01lCliIS Ila1£BYgivOfl that1he City CommlsoJon 011", CI~ afSOUlh MIamI, FlMiIllWiloollduoi PubIIc_ng('Jai'lsregu1ar CIt! 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Marla M.Mormndez.ClolC CltyC"", ~tcFJQrtd;!;Sb.hal2U..olCtS,~CIIr~~IllII.g:d;OJaIIf.Cttll:ln~lg~a:rrdccGJcnm.:al:7y1nhilcalt1.A;J!:rctor~ 'rI'IIb:tUOllCtlOany~~a.lIb~~lta:amg.teorc.t~~am:r:lc!e:.~la:ftl'l2J.w1a:b~~~fnlyn.oed to8l'lSlJ1aUl:ataWft;!.lInIntCCJdalll'\Btln::cesIb;r.~agde~rec:rd.*'dl.dc:Ih~wcYi2t'lal==wIlJ::htt:.o~bbbebMtd. e Brad@72nd Ave. has partnered with the League Against Cancer to host the "Hope for Life" benefit event. With your smaH 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 The Shops at Lakeshore Park 48 Street & 72nd Avenue S.W. Saturday, May 17th, 2014 from 7pm. -11pm. • Artwork, Jewelry, home decor and more donated by local retailers for purchase Join us! 100% of all proceeds will help those battling cancer SUNDAY SEPTEMBER 112017 MIAMiHERALD.COM miamii~tt~lb . @ 1::I:e8':':::", @ a,·myst·er.,;~: @investi;gators are @ ·'rSUIDg BY JOSH LEDERMAN AND LAURAN NEERGAARD A ssociated Press WASHINGTON There must be an answer. Whatever is hanning tJ .S. diplomats in Havana, it's eluded the do<;tors, scien- tists and intelligence ana- lysts scouring for answers. Investigators have chased many theories, including a sonic attack, electromag- netic weapon or flawed spying device. . Each explanation seems to fit parts of what's· hap:. pened, conflicting with others. . The United States doesn't even know what to call it. Secretary of State Rex Til~ lerson used the phrase "health attacks." The State Departrrientprefers "in- cidents." Either way, suspicion has fallen on Cuba. But in- vestigators also are exam- hung whether a rogUe fac- tion of its security services; another country such as Russia, or some combina- tion is to blame, more than a dozen U.S. officials fam- iliar with the investigation told The Associated Press. Those officals spoke on condition of anonymity because they weren't autho- ....; .......... ...:1 .j..", ........... h.l~ .... hT ..i.;<:",. .... ~l-+-1-..0 vestigators are sorting . symptoms illto categories, . such as auditory arid'neur- ological, according to indi- vidualsbriefed'ort the, ' , probe','. There cmb~a lag before victims discover 6rreport . symptO'ms, some of which , are hard to:diagnose. So ' investigators ate' charting the ·timeline of reported incidents to identify "ChlS- tel's" to help solve the when, where and howof the Havana whodunit. SON~C t~!EViCE The first signs pointed to a sorlie attack. But what kind? S.ome victinis'heard things,:.. signs that the sounds were ill the audible spectrum.' Loud noise can harm hearing; especially high-decibelsourids that can trigger ear-ringing tinIritus,ruptUredear druins,even perman¢nt heariilg loss. . But others heard' nothing, and still became ill. So investigators considered inaudible soUnd: infra-' .', sound, too loW: forhunians to hear, 'artd i.Il.traso1ind, too high. Infrasound often is expe- rienced as vibratiOn, like standing near asubwo,ofer. c",~'o .. n ...... ~T'f'\C' ';o:n/"u..r.o.A None of these sound. waves seems to explain the concussions. Usually, those: follow a blow to the head or proximity to something'like . a bomb blast. IEILECT~OMAGNIE1UC WIEAI?ON It iliay sound like Star War~ fantasy; bilt electro- magnetic weapons have been around for years. They generally harm 'electronics, ' not humans. The electromagnetic ' spectrum includes waves like the ones used by yop]: .. ' cellphone, microwave and light bulbs. ' And they can be .easilY , pinpointed. Such waves can also travel through walls, so an electromagIi.etic attack coi.Il.d be plausibly con-' cealed from afar. ' What about the sounds people heard? ,:'; .. MiCrowave pulses:"-short, intense blasts-can cause' people to "hear" clicking' sounds. But when electromagnet-' ic waves cause physical dainige, it usually results from body tissue being heated. The diplopJats in . Cuba haven't been report- ing burning sensations. SOMIE1r&UNG ElLSlE ri"'hci ci-Y.oC'C' ')t"\,.-l "'"V.iC~t-c1 Diplomats reported in- cidents in their horries and in hotels. Cubiui. authorities would know who:is staying in each. But what's the motive? When symptoms . emerged lastNovemblPJ:, Cl!-ba was W());kirig feverish- ly with the U.S: to make progress on everything' from internet access to· i.n:unigration rules befqre President Barack Obama's , term,ended. Officials still don't understand why Ha- vana would at the same timepetpetrate ~ttacks that could destroy its new rela- tionship with WaShington entirely. . Cuban President'Raul Castro's reaction de'epened investigators' skepticism,' according to officlals briefe'don aiare, face-to- face discussion he had on .' the matter with America' s top envoy h1 Havana. Predictably, Castro de- niedresponsibility-. 6ut U.S. officials were surprised that Castro seeriled;genuinefy rattled, and that Cuba off~ ered to let the FBI come investigate. "Then, Canadians got ill. " Why them? ' The warm, long~sta.tlding'" ties between Cuba and Canada made it seem-even' 1'""" 1n<ril'ol thot r.i>~tyr\'Q" Americas! 25A Hl ;YIHII:"gIlJTSDDIE~~.,.." .. ' munist islap.d and "the ';," • :Who' ege w6uld:dare?" : ',. '. ,West" -nations such as the . 'U~S: ili:v"estigatbrsha0e·:. United States arid Canada. focused on a small group of· , Russia also has advanced, . usual suspects: Russia, Iran, hard-to-detect weaponry, . North korea; <:::hina;Vene-, th~ much of the world lacks zuela. . . " and might' not even know Russia, in particular, has about. harassed American diplo-None of officials inter- , mats aggressively in recent viewed for,this story point- years. ed to any evidence, howev- Moscow even has a plau-er"linking Russia to the sible motive: driving a illnesses. The same goes for wedge between the com-the other countries. CITY OF SOUTH MIAMI· NOTICE OF PUBLIC HEARING tS HEREBY -given that the Oily Co~mission of .the City of South Miami, Florida wifJ. conduct PUblic Hearing(s) at its special City Commission meeting scheduled for Thursday. September 28, 2017, beginning at 7:00 p,m., in the City Commission Chambers. 6130 Sunse"t Drive, to ~on~ider the following item(s): ( A Ae"solution· approving an extension to t~e existing Agreement between the) Gity of South-Miami and Steven Alexander for Cily Manager Services for Ihe City of South Miami": Florida . . , An Ordinance amending the Land Development Code. Article V. Section 20~5,8, and Article VI,-Section 20-6:1 relating to reapplications and reconSiderations of applications •. ~n Ordinance amending the City,of South Miami Code 01 Ordinances, Chapter 2, Article I: Section 2-2,1 {iq to, give .the City CommiSSion more 'flexibility in rescheduling regu'lar m~etings. 'espeCially during times of emergency. ALL interested parties a'r~ invited fo"'attend and will be h~ard, For furthe~ infonrtation. please contact the City Clerk's Office at 305-663·6340, Maria M. Menendez. CMC City Clerk Pursuant 10 Florida-Statutes 286.0105, the City hereby advises the public that if a person decides to appeal-any deCision made by this Board, Agency or Commission with respect 10 any matte! considered at its meeting or hee.ring:he or she wm need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is mad,e ymich recor,d includes lhe,testim.ony and evidence upon which the ~ppeal is to be based, _r', '2_·", '$' "E' 1 ''':!tl'if' sen' .\ ·.yt'IfJBlslii( 'lour to · MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -OCT. 17,2017 in the XXX)( Court, was published in said newspaper in the issues of 10106/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Floridae~_ch day (except Saturday, Sunday and Legal Holidays) and . has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a ·period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any corporation any discount, rebate, commission .-:-__ ~ f securing this advertisement for Ibed before me this 6 day 0 CTOBER, A.D. 2017 ~~ (SEAL) MARIA MESA personally known to me -to 32SE I MIAMI-DADE COUNTY Fence demolished by Irma? Dade waives permit rules for unincorporated areas BY DOUGLAS HANKS dhanks@m;amiherald,com Miami-Dade this week waived permit requirements for residential fences dam- aged by Hurricane lnna, allowing homeowners to fIX the fences without approvals provided the structures aren't surrounding pools. The waiver only applies to properties governed by county zoning rules in Mia- mi-Dade's unincorporated areas. That covers about half of the county's homes, but does not apply to prop- erties within city limits, since cities have their own zoning procedures. The rule, approved by the County Commission on Tuesday, lets homeowners repair fences without per- mits, providing they use the same materials, design and layout as the pre-Inna fence. Fence pennits start at $130 and increase based on the size of the fence being SEE FENCE, 33SE NEIGHBORS I SUNDAY OCTOBER 8 2017 M1AMIHERALD.COM MATIAS J. OCNER moc.ner@miamiherald.com Downed fences littered Miami-Dade after Hurricane Irma. Miami-Dade has waived permit requirements for repairing them provided the fence doesn't surround a pool. The waiver only applies to residential properties outside of city limits in the county. CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS IlliREBY g:ivt!'t1 that the Ciry Commission (If the City of South Minmi. Florida will conduct PuNic Heanllg(s) at its regular City Commission lTIl!eting scheduled for Tuesday, Octoher 17. 2017, beginning at 7:00 p.m .. in the City Commission Chambers, 6130 SUllsd Drive. to consider the folIo\.ving item(!'): A Resolution rdating f() a Special Use application to penni! a General Restaurant use at 5958 S. Dixie Highway. A Resolutiml approving renewal of the prior agreement berwc~el the City .mu. Steven Alexander for City l\.'lanager Services.. amending Section 10. r\. to comply \""irh City'S current pension ordinance and allowing for ;1dju-:;tments tl1 salary and henefits that arc provided for in t!ach annual budget ·\LL interested parries. .. U"e invited to attend and will be hCi.lrd. For further infonnation. please contacr the City Clerk's Office at: 305-663-6340. Mari:l ?\of. :-":Icnendl.!z. CMC City Clerk WHAT EDUCATION SHOULD BE! Pun;uant to FlUlida Sta!tltC~ 280.01\15. the City hereby advises the public that ir a lwrson ut'ciJcs to oppl'i.ll all): dcci..;:ion made-by thb. BoarJ. Agcm:y liT Commission with n!:-.pect \0 any matt!:!( con~id",red a1 :t:-. meeting or ht':uing., h~> lll' she will ne",d .:l (c'CorJ of the proceecii:lg~, and lh31 ror ~u.:h purpo~, affected per1'on may :iced 10 ensure that a vcrh31im record orlhc proceedings i<, 111<ldc whidl rc'<;onl indulks the t\.~~til1lony and cviJcncc upon which thl~ appeal i~ to be boseJ. RIVIERA DAY SCHOOL 681111 Nervi, Street. Cor,! Gables, FL 33146 I Tel. 305.666.1856 RIVIERA PREPARATORY SCHOOL Y775 SW 87 Avt"ntlt". Mi,llli, FL 33176 I Tel. 786.300.0300 www.riviera.chool •. coInIAc<TeciiteJbyA1SF.SACS.MSA.Ai. NCPSA. N1PSJ\