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Res No 011-20-15451RESOLUTION No: 011-20-15451 A Resolution of the Mayor and City Commission of the City of South Miami terminating the City Manager's current agreement and entering into a new agreement with Steven Alexander. WHEREAS, the City Commission recognizes that the continuity in governance and leadership, established by City Manager Steven Alexander's tenure at South Miami is of significant importance to the City; and WHEREAS, the smooth transition from a City Manager who has served seven years, significantly longer than any other City Manager of the City, remains critical to ensuring the continued professional operation of the City; therefore, the City Commission wishes to continue this steady and confidence -inspiring leadership into the initial portion of the next Mayor's and future Manager's terms; and WHEREAS, the City and Steven Alexander wish to ensure the continuity of his expertise on behalf of the City, as well as effect an appropriate passage relating to his retirement and proximal departure as the current City Manager by engaging his services to perform the duties and responsibilities of City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby adopted and incorporated herein as if fully stated with full effect. Section 2. The City Commission hereby amends the existing Employment Agreement between the City of South Miami and Steven Alexander, previously entered into between the parties approved unanimously via Resolution 110-14-14204, which was subsequently renewed via Resolution 204-17-15005. Section 3. The City Commission approves the Amended Agreement. Section 4. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 71" day of January, 2020. ATTEST: APPROVED: Q CITY LERK MAY Page 1 of 2 Resolution No. 011-20-15451 READ AND APPROVED AS TO FORM, LANGUAGE LEGALITY AND Page 2 of 2 COMMISSION VOTE: 3-2 Mayor Stoddard: Yea Vice Mayor Harris: Nay Commissioner Gil: Nay Commissioner Liebman: Yea Commissioner Welsh: Yea Agenda ftem No:9. City Commission Agenda Item Report Meeting Date: January 7, 2020 Submitted by: Thomas Pepe Submitting Department: City Attorney Rem Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission of the City of South Miami terminating the City Manager's current agreement and entering into a new agreement with Steven Alexander. 3/5 (Mayor Stoddard) Suggested Action: Attachments: Resolution re CM contract re Para 4 v3aCArev.docx Res No 204-17-15005.pdf AMENDED EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI, FLORIDA, AND STEVEN ALEXANDER This Amended Agreement, made and entered into this January 8, 2020, 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 from the date of its execution until May 20, 2020. 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 ordinances and as may be lawfully assigned by the City Commission 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 his current annual base salary 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 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 sick and vacation leave, and any such unused leave shall be paid to him at the termination of his service. 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. Page 2 of 8 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 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: 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 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 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 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. 6. City Manager is found to have committed the offenses authorizing termination for cause as set 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. Page 3 of 8 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. In the event that the City Manager notifes the City in writing on or before January 20, 2020 that he will not seek an extension of this contract of employment and will not accept further employment with the City at the end of the term of this employment contract, then upon the City's receipt of such writing, the City shall pay him one month's severance plus, at the end of his service, one additional week of severance for each 30 days of actual service rendered by him from January 8, 2020 to May 20, 2020. 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 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 Page 4 of 8 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. 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 Page 5 of 8 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 ofemployment, 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 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 N.Payne City Clerk Page 6 of 8 RESOLUTION No: 011-20-15451 A Resolution of the Mayor and City Commission of the City of South Miami terminating the City Manager's current agreement and entering into a new agreement with Steven Alexander. WHEREAS, the City Commission recognizes that the continuity in governance and leadership, established by City Manager Steven Alexander's tenure at South Miami is of significant importance to the City; and WHEREAS, the smooth transition from a City Manager who has served seven years, significantly longer than any other City Manager of the City, remains critical to ensuring the continued professional operation of the City; therefore, the City Commission wishes to continue this steady and confidence -inspiring leadership into the initial portion of the next Mayor's and future Manager's terms; and WHEREAS, the City and Steven Alexander wish to ensure the continuity of his expertise on behalf of the City, as well as effect an appropriate passage relating to his retirement and proximal departure as the current City Manager by engaging his services to perform the duties and responsibilities of City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby adopted and incorporated herein as if fully stated with full effect. Section 2. The City Commission hereby amends the existing Employment Agreement between the City of South Miami and Steven Alexander, previously entered into between the parties approved unanimously via Resolution 110-14-14204, which was subsequently renewed via Resolution 204-17-15005. Section 3. The City Commission approves the Amended Agreement. Section 4. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Th day of January, 2020. ATTEST: APPROVED: Kk CI LERK MAYOR Page 1 of 2 Resolution No. 011-20-15451 READ AND APPROVED AS TO FORM, LANGU WED Page 2 of 2 COMMISSION VOTE: 3-2 Mayor Stoddard: Yea Vice Mayor Harris: Nay Commissioner Gil: Nay Commissioner Liebman: Yea Commissioner Welsh: Yea Agenda Rem No:9. City Commission Agenda Item Report Meeting Date: January 7, 2020 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission of the City of South Miami terminating the City Manager's current agreement and entering into a new agreement with Steven Alexander. 3/5 (Mayor Stoddard) Suggested Action: Attachments: Resolution re CM contract re Para 4 v3aCArev.docx Res No 204-17-15005.pdf AMENDED EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI, FLORIDA, AND STEVEN ALEXANDER This Amended Agreement, made and entered into this January 8, 2020, 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 from the date of its execution until May 20, 2020. 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 ordinances and as may be lawfully assigned by the City Commission 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 his current annual base salary 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 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 sick and vacation leave, and any such unused leave shall be paid to him at the termination of his service. 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. Page 2 of 8 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 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: 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 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 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 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. 6. City Manager is found to have committed the offenses authorizing termination for cause as set 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. Page 3 of 8 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. In the event that the City Manager notifes the City in writing on or before January 20, 2020 that he will not seek an extension of this contract of employment and will not accept further employment with the City at the end of the term of this employment contract, then upon the City's receipt of such writing, the City shall pay him one month's severance plus, at the end of his service, one additional week of severance for each 30 days of actual service rendered by him from January 8, 2020 to May 20, 2020. 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 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 Page 4 of 8 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. 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 Page 5 of 8 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 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 N.Payne City Clerk Page 6 of 8 CITY MANAGER: 6130 Sunset Drive South Miami, FL 33143-5093 E-mail: Npayne@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 January 8, 2020. 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 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. Page 7 of 8 IN WITNESS WHEREOF, the parties to this eight page Amended Employment Agreement between City of South Miami, Florida, and Steven Alexander have set their hands and seal on the date set forth below each of their names. ATTESTED: By: a-Q NkenV A. Pa e, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: City Attorney CITY OF SOUTH MIAMMII By: Maybr Philip K. Stoddard Executed this the 1'3 day of January, 2020. Steven Page 8 of 8 ;n J. Ale ander this the /3 day of January, 2020. Souffil Miami Office of the City Manager January 13, 2020 Mayor Stoddard City of South Miami 6130 Sunset Dr South Miami, A 33143 Dear Mayor: My most recent amended Employment Agreement, states in pertinent part "In the event that the City Manager notifies the City in writing on or before January 20, 2020 that he will not seek an extension of this contract of employment and will not accept further employment with the City at the end of the term of this employment contract, then upon the City's receipt of such writing, the City shall pay him one month's severance plus one additional week of severance for each 30 days of actual service rendered by him from January 8, 2020 to May 20, 2020." I hereby agree to the condition that I will not seek an extension of the amended contract of employment and will not accept further employment with the City at the end of the term of the employment contract amended by the City Commission on January 7, 2020. Sincerely even Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143-5093 305.668.2510 south miamifl.gov RESOLUTION NO. 204-17-15005 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. 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 Manager; and WHEREAS, the City Commission appointed Mr. Steven Alexander as the City Manager beginning in January 2013, and entered into a three-year agreement with him on May 20, 2014 with a commencement date of May 20, 2014 and an expiration date of May 20, 2017; and WHEREAS, the City Commission desires to renew the most recent three-year agreement with Steven Alexander, for City Manager services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMrvUSSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby approves a renewal of the most recent three-year Agreement between the City of South Miami and Steven Alexander, as attached, with a new expiration date of May 20, 2020, inclusive of COLA, and, other adjustments as may be provided for in each annual budget. Section 10. A. of the most recent written contract shall be amended by interlineation with the following underlined text added and the following text with a line striking through it deleted: The City agrees to continue contributing to a retirement account or plan designated by the City Manager, other than the South Miami Pension Plan, to -the -City at the same rate in effect on the date of termination, during the severance period. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17 th day of October , 2017. 11 Page 2 of Resolution No. 204-17-15005 COMMISSION VOTE: 4-1 ':Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Nay Commissioner Harris: Yea Commissioner Liebman: Yea 12 JORAMIlls OFFICE OF THE CITY MANAGER South Miami THE CITY OF PLEASANT LIVING MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager 7 DATE: October 17, 2017 Agenda Item No.: 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, El 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. 13 OFFICE OF THE CITY MANAGER South Miami 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 District. 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 ► 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 private 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 $27 million. My responsibilities included hiring all 14 OFFICE OF THE CITY MANAGER SoutYh eXiami THE. CITY OF PLEASANT LIVING MEMORANDUM administrative staff and planning and providing for the execution of virtually every component of the Town administrative functions. I initiated a series of economic development strategies for the Town, which had been significantly stagnant since Hurricane Andrew. I was the initial force behind the establishment of the Property As$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. ,I was also responsible for the Town becoming certified Silver by the Florida Green Building Coalition (FGBC), the only local government in Miami -Dade County to achieve such an award. I 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 30, 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 administration. As Town Manger, I 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, I 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: I 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. I 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). I 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. I 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 South Miami THE UTY Of PLEASANT l IVING 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 SON 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 RESOLUTION NO. 11 0 -14 -14 2 0 4 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 Manager, 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 20 t1day of May .2014. ATTEST: APPROVED: "Y�C 1 9 MAYOR READ AWROVED AS T FORM, COMMISSION VOTE: 5-0 .,'LEGAL] T Mayor Stoddard: Yea J THERE Vice Mayor Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea RNEY Commissioner Welsh: Yea 17 EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI, FLORIDA, AND STEVEN ALEXANDER This Agreement, made and entered into this May 20, 2014, by and between ire City of South Miami, Florida, a municipal corporation, (hereinafter called "City ") and Steven Alexander, (hereinafter called "City Manager"), on 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 on 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: Dudes 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 Charier for the City of South Miami and io perform other legally permissible and proper duties and functions without interference. B. The Cit� -Manager is the chief executive office: of the City and shali 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 lowfuliy'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 empioyees of the City under his supervision consistent wdh 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 ond-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. Ala duties assigned to the City Manager by the goveming 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 positron of City Manager to another position without the City Manager's express written consent. 181 H. The City Manager or designee shall attend, and shall be pe•miltied to attend. all meetings o`: 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 some time that the other management employees of the City ore paid. During the first three years of Wks 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, Disability and life Insurance Senefrts A. The City agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, denial, 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 rife of this Agreement. Section 5: Vacation and Sick The City Manager shall accrue sick leave at the rate of one (1) day per month. Vacation leave sholLaccrue 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 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 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 of 7 19 C. Recognizing the importance of constant communication and maximum productivity, the City shall provide the City Manager a laptop computer, software, and c monthly allowance of �I one hundred fifty oollors ($150) for mobile phone. Section 9: Termination A. This Agreement may only be terminated fo- 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 property posted and duly authorized public meeting or fails to appropriate each year on 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. It 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 substantioIly changes the form of government, the City Manager shall have the right to declare that such amendments constitute terrrinaiion. 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 shaft not be an event of termination or breach. 4. If the City Manager resigns iollowing an offer to accept resignation, by resolution of the majority of the governing body that. the City Manager res?gn, 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. 6. City Manager is found to have committed the offenses authorrzang termination for cause as set 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 curreni rate of pay as well as the benefits set forth below. This severance shall be paid in a lump sum or in c continuation of payment salary and benefits on the existing biweekly/monthly basis, at the City's option. Page 3 of 7 20 A. The City agrees to continue contributing to the City Manager's retirement account or plan in effect on the date of terminator, at the rate in effect on the date of termination during the 1 severance period. a B. For the severance period following termination, the Cijy shall pay the cost to continue the ! , following benefits: t 1. Health insurance for the City Manager and all dependents as p, ovided in Section 4A, t after which time. City Manager will be provided access to hecith insurance pursuant c ( s to the Consolidated Omnibus Budget Reconciliation Act ("COBRA") } 2. All other benefits set forth here and above. j i t If the City Manager is terminated "for cause", which shall be defined as an act of fraud. } j dishonesty, or conviction of --any criminal act fexcept, for minor traffic infractions), including a I felony conviction, or due to a substantial breach as in Section 9 above, then the City is not i obligated to pay severance under this section. Section 11: Resignation in the event that the City Manager voluntarily resigns without a reouest from the commission, as set forth in paragraph 4 of Section 9, his position with the City, the City Manager shall provide a l minimum of thirty (30) days' notice unless the City and the City Manager agree otherwise. If the f i 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 without the consent by written resolution ; of the City. I 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 ' muivally 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) montfi 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 post and upcoming year, (3) next i 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 ihlrty (30) days of the initial formulary evaluation meeting, if any. y 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 i an appropriate work schedule. The schedule shall be appropriate to the needs of the City and i 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 circu,aie petitions, or participate in fund-raising ; activities for individuals seeking or holding elected office, nor seek or accept any personal f enrichment or profit derived from confidential information o: misuse of public time. Provided, l Page 4 of 7 21 however, the City Manager may attend fundraisers for issues or candidoles, excluding City of South Miami issues or Mayor/Commission seats. The City shall suppori the City Manager in keeping these commitments by refraining from any order, direction or request Thai would require the City .Manager to violate the ICMA Code of Ethics. Specificolly, 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 porilcipate 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 cortinue to receive residua! compensation from activities prior to this Agreement. .Recognizing that certain outside consulting or teaching opportunities provide indirect benelits 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 Monager'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. 9. 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 privale 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 jix 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 rot inconsistent with or in conflict with the provisions of, the City Charter, loco ordinances or any other law. Page 5 of 7 I f i 22 B. Upon the termination of His Agreement for any reason (other than for ccuse or voluntary resignation as set forth in paragraph 4, Section 91, the City snail enter into a separate Agreement with Steven Alexander with a term of not less than two (2) months for management consufiir.g 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 a -moil (e-mail to the City Clerk constitutes delivery to the Mayor and the City Attorney), it 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 337 43-5093 E.-mail: Mmenendez@southmiamiff.gov Steven Alexander City Manager 6130 Sunset Drive South Miami, FL 33' 43-5093 Notice shall be deemed given as of the date of personal service provided the recipient signs a receipt, w^ich must be produced to prove delivery, or as the date of receipt by registered moil or by some other service that provides proof of delivery. Section 20: General Provisions A. Integration. This Agreement sets forth and estoblishes 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 C;ty 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 of 7 23 a i D. Severability. The invclidity 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 Ihis 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 pa: ties 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 taws of the state of Florida and venue shall be in Miami -Dade County, Florida. City of South Miami 8y: IA4tl)�4A May r PhiGp K. Stoddard Executed this the .!L day of J"`�T • 2014. Steven J. Alexander . By: Steven J. Alexander Executed this the 2 t day of AA J! . 20;4, Page 7 of 7 .24 I 105E 1 �Y. my; M BE _ 16emltrail 1 M I wlma 25 Yx.1111'SIM NABiJ'i t11bi:IHFP,AIp(OS. Rialni 3lttglJ Uuba mnysterys What theodes UIS. investigators are pursuing M lo,H 13mFRMati AVn IrEERQLARD arwewfeerm W Tbeae o These muR bean answer. paree p.acrotsvoconflictinghng with othsea. The United States doesn't even knowwhat to call it Secretary of State RexTd- lerwo used the phrase "health attack," The State Department prefers "In- cidents." Either way, suspicion has fallen on Cub.. But in- vestigators also are exam- mftwhether aregion fare' tion of is securityservices, another country such as Russia, or some combina- tion is to blame, more than a dozen U.S. officials fam- Bnar with the Investigation told The Associated press. Those offmigls spokeon condition of anonymity beouu they wemon tamho- vesdi ators are wrung' symp[mns into categories, such as auditory and 'oeur- ological,according toindi- viduals briefed on the pwbe. There can be ,.lag before victorsdiscovermreport symptoms, some ofwhich are bud to diagnose. So investigators are chatting ehetonellneof reported Incident; to identify "chu- tars"tohelpsolvdthe worn, when, and bow of the Havana whodunit. SONIC DEVICE The Rust signs Domtedm a some attack. Bm wbat kind? Some vinimsheard things - signs that the sounds wets in the audible specumn. rand none can harm hearing, especially high -decibel saudds that can trigger curringing drouinas, capeven pard ear, drams, even permanent hearing loss. But othersheard nothing, and sell gau ram, dL So inaudibl so considered' inaudible soundinfra- sound, hur too ulentrhrttoans hi hear, and Wtrswwd, too high. In d often , l ke cleanedasearasub IBrc uindiog near aanbwaofer. None of these sound waves sterns to explain the concussions. Usually, those follow a blo vu, the hued or proximity to something like' a I emb, blast - ELECTROMAGNETIC WEAPON It may sound like Star wars fantasy, but electro- magnetie weapon, have been armmd for years. They generallyhatm'electronia, not humans._ The electromagnetic spectrum includes waves like the ones used by your reaphone, microwave and light bulbs. And they canBctuily pinpointed Such waves cah Wso navel through walk, so an electromagnetic atrack could be plausibly con - taxied axied from afar Whatabom the sounds people heard? Microwave pulse's— short, imen se blasm- can cauae people to "hear" clicking sounds Bm when et«tromagnet-. icwava ca¢scPh➢sicai damage, ntusuaigresuls from bodytissuebeing heated. The diplomats io Cuba haven't been report- ing burning sensation,. SOMETHING ELSE I..... a ....l"e. Diplomats reported in- cidents in their homes and in hotels. Cuban authorities would know who is shying in each. But what's the motive? When symptoms emerged but Noaembey Cuba was working feverish- Iy with the US. to inak. progress on everything from Internet access to ®migru rat rules before president Barack Obama's term ended. Officials still don't understand why Ha- wmawould at the same umeperpetrate attacks that could destroy isnew tela- uonshipwith Washington entirely. ' . ' Cuban president Raul Caron's reaction deepened investigators skepticism, according to officials brided-an a rare, famto- fees discussion be had en the taattei with America's top envoy in Havana. Fre ildtably, Casio do- niedtespandbWty. gut US. ot5cialswere surprised that Castro seethed genuinely rattled, and that Cuba off - .red to let the FBI come investigate. Then, Canadians got III. Why them? The warm, long-standing . ties betwcen Cuba and Canada made it earn even �eac rnm.cl char f6cnda Tf1E AMIDERS. iV ho else wau(d d see?` ` . Us. id✓esngaimehaoe focused on a smallgruupof seat.,specs: Russia, I., North Korea, CWna, Vene-, ..Ia. Russia, in particular, bas harassed Americandiplo- mat, aggressively in recent yeas. Moscow even has a plau- sible motive: driving a wedge between the com- .�,,Pt ricas 1 "A mtmisl island and "the West"-rWions such as the United States and Canada. Russia also has advanced, hard-to-datectweapono the much of the world lacks and might not even know about. Noneofofficiasinter. viewed for this story point- ed to any evidence, how, ., linking Runmbr We Blnesses The same goes for the other countries `w✓ana.,....,o-w �ms�a ..✓w a mrccm� �6� P�migbn Wderinw".+finey0's�ataww,. ,:.e.m�sa,a.,�:.«,w..ao,ne..v r.,. oi.�.vv"•. .,.a..wKrm,.�� MIAMI DAILY BUSINESS REVIEW Puoesned Dairy excapl Saturday, Sinasy anc L agar /lolldrys Mi&ai, Mlam'-Dade County. Plonaa STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appearec MARIA MESA, who on oath says that he or she is the LEGAL CLERK. Legal Notices of the Miami Daily Business Review We Miami Review, a deify (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 MLAMI - OCT 17. 2017 in 01e XXXX Court, was published in said newspaper in the issues of 10106/2017 Affiant further says that the said Miami Daly Business Review is a newspaper published at Miami. in said Miami -Dade County. Florida and that the said newspaper has berelofore been continuously published in said Miami -Dade County, Florida each. day (except Saturday, Sunday and Legal Holidays) ami ' has been entered as second class mail mother at the post office in Miami in said Miami -Dade County. Florida, for a period of one year nerd preceding the first publication of the attached copy of advertisement; and affiam further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund fo Pa—M f securing this advertisement for Sworrko and su4selibed before me this 6 By o _ CTOBFR, A.D. 2017 (SEAL) MARIA MESA personally known to me *. •. OG036111 ; t 27 ° NEIGHBORS �,N"0 °°aM'° W WYW MIAMI-OAOE COUNTY Fence demolished by Irma? 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