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9Agenda Item 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 1 Page 1 of 9 RESOLUTION No: ________________1 2 A Resolution of the Mayor and City Commission of the City of South Miami3 terminating the City Manager’s current agreement and entering into a new 4 agreement with Steven Alexander.5 6 WHEREAS, the City Commission recognizes that the continuity in governance and 7 leadership, established by City Manager Steven Alexander’s tenure at South Miami is of 8 significant importance to the City; and9 10 WHEREAS, the smooth transition from a City Manager who has served seven years, 11 significantly longer than any other City Manager of the City, remains critical to ensuring the 12 continued professional operation of the City; therefore,the City Commission wishes to 13 continue this steady and confidence-inspiring leadership into the initial portion of the next 14 Mayor’s and future Manager’s terms; and15 16 WHEREAS,Steven Alexander, as City Manager, formally notified the City on January 17 8, 2020, of his desire and intention to resign, willingly retiring after some 42 cumulative years 18 of employment, effective February 8, 2020; and 19 20 WHEREAS,Steven Alexander enjoys the support of the majority of the City 21 Commission and Mayor; and, the City Commission does not wish to imply any negative action 22 with respect to the Steven Alexander’s employment and does not wish for any Commission action 23 to be perceived as adverse employment action, upon his fully voluntary resignation, Steven 24 Alexander will receive a severance package and Steven Alexander shall also receive the cash 25 value of his unused vacation leave as provided to other full time City employees who resign in 26 good standing as well as his unused sick leave, if any; and 27 28 WHEREAS, the City and Steven Alexander wish to ensure the continuity of his 29 expertise on behalf of the City,as well as effect an appropriate passage relating to his 30 retirement and proximal departure as the current City Manager by engaging his services to 31 perform the duties and responsibilities of City Manager,or, should a new City Manager be 32 employed during the period of this Agreement, as a Contractor on an interim basis, by 33 executing an Agreement for Management Consulting Services (“Agreement”)for a period of 34 four (4) months,which Agreement is substantially similar to the remainder of the term of the 35 existing Employment Agreement previously entered into between the City and Steven 36 Alexander via Resolution 110-14-14204, which was subsequently renewed via Resolution 37 204-17-15005. 38 39 WHEREAS, under the terms of the attached Agreement for Management Consulting 40 Services, Steven Alexander will no longer receive City payments relating to retirement, nor will 41 he receive vacation or sick leave contribution accrual. He shall be responsible for his own health 42 and life insurance; and 43 44 WHEREAS, the Parties, through mutual negotiations, have agreed upon a scope of45 services that define the duties of the City Manager in accordance with provisions set forth in 46 2 Page 2 of 9 the City Charter, or, should a new City Manager be employed during the period of this 1 Agreement, as a consultant to the new City Manager and have agreed upon a fee for the 2 aforementioned services.3 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:6 7 Section 1.The foregoing recitals are hereby adopted and incorporated herein as if fully 8 stated with full effect.9 Section 2. The City Commission hereby accepts the self-initiated voluntary 10 termination of the existing Employment Agreement between the City of South Miami and 11 Steven Alexander, previously entered into between the parties approved unanimously via 12 Resolution 110-14-14204, which was subsequently renewed via Resolution 204-17-15005.13 Section 3. The City Commission approves the Agreement for Management 14 Consulting Services,as attached. This Agreement for Management Consulting Services 15 ("Agreement") is entered into by and between the City of South Miami, Florida, a Florida 16 municipality ("City") and Steven Alexander, ("Contractor"), jointly referred to as the 17 “Parties”.18 Section 4. If any section clause, sentence, or phrase of this resolution is for any reason 19 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 20 affect the validity of the remaining portions of this resolution.21 Section 5 .This resolution shall take effect immediately upon adoption.22 23 PASSED AND ADOPTED this ____ day of _____________, 2020.24 25 ATTEST:APPROVED:26 27 ___________________________________________28 CITY CLERK MAYOR29 30 READ AND APPROVED AS TO FORM,COMMISSION VOTE:31 LANGUAGE, LEGALITY AND Mayor Stoddard32 EXECUTION THEREOF Vice Mayor Harris33 Commissioner Gil34 _____________________________Commissioner Liebman35 CITY ATTORNEY Commissioner Welsh36 37 3 Page 3 of 9 AGREEMENT FOR MANAGEMENT CONSULTING SERVICES This Agreement for Management Consulting Services ("Agreement") is entered into by and between the City of South Miami, Florida, a Florida municipality (the "City") and Steven Alexander, ("Contractor"), jointly referred to as the Parties pursuant to and in furtherance of the existing Employment Agreement previously entered into between the Parties,approved unanimously via Resolution 110-14-14204, which was subsequently renewed via Resolution 204-17-15005. 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, as is the smooth transition from a professional Manager who has served seven years, significantly longer than any other City Manager of the City; and WHEREAS,the City Commission wishes to continue this steady and confidence- inspiring leadership into the initial portion of the next Mayor’s and future City Manager’s tenure; and WHEREAS,Steven Alexander, as City Manager, formally notified the City on January 8, 2020, of his desire and intention to resign, willingly retiring after some 42 cumulative years of employment, effective February 8, 2020; and WHEREAS,in his current capacity as City Manager, Steven Alexander enjoys the support of a majority of the Mayor and City Commission, the Commission does not wish to imply any negative action with respect to his employment as City Manager nor wishes for any Commission action to be perceived as adverse employment action upon his fully-voluntary resignation, Steven Alexander will receive the same severance benefits which would be provided pursuant to Section 9 Paragraph 4 of the current Employment Agreement had he been terminated without cause. Steven Alexander shall also receive the cash value of his unused sick leave, and any unused vacation leave; and WHEREAS, the City and the Mr. Alexander wish to ensure the continuity of Mr. Alexander's expertise on behalf of the City, as well as effect a smooth transition relating to his retirement and proximal departure as the current Manager by engaging his services to perform the duties and responsibilities of City Manager as a Contractor on an interim basis, by executing an Agreement for Management Consulting Services for a period of four (4) months,which is substantially similar to the remainder of the term of the existing Employment Agreement, previously entered into between the parties approved unanimously via Resolution 110-14-14204, which was subsequently renewed via Resolution 204-17-15005; and WHEREAS, the Parties, through mutual negotiations, have agreed upon a scope of services as described as the duties of the City Manager by the City Charter and Mr. Alexander would become a consultant to the City Manager should a new City Manager be employed during the term of this Agreement. Mr. Alexander’s fee for the aforementioned services would be equal to or less than what he would have earned under the Employment Agreement 4 Page 4 of 9 previously entered into between the Parties approved unanimously via Resolution 110-14- 14204, which was subsequently renewed via Resolution 204-17-15005; and WHEREAS,Steven Alexander will no longer receive the employment benefits of his current contract which include but are not limited to pension, vacation, sick leave,health insurance and life insurance; NOW, THEREFORE, in consideration of the promises and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: 1.Consulting Services Contractor shall perform professional services for the City as hereby requested by the City Commission,specifically, the performance of the duties and responsibilities of the position of City Manager as provided in the City Charter,applicable state laws,or as a consultant should a new City Manager be employed during the period of this Agreement,and to perform such other legallypermissibleandproperdutiesandfunctions consistentwiththeofficeofCityManager as may be assigned by the City Commission from time to time (“Services")during the Term of this Agreement. 2.Term This Agreement will become effective upon the execution of this Agreement by the parties and,unless it is extended, will continue on a month-to-month basis until May 31, 2020 ("Term"), which is the current termination date of the existing Employment Agreement previously entered into between the parties approved unanimously via Resolution 110-14- 14204, which was subsequently renewed via Resolution 204-17-15005. The payment upon the termination of the existing agreement and upon the termination of this Agreement shall be prorated if the termination date of either does not fall on the anniversary date of the agreement in question. The City Commission may terminate this Agreement at any time during its Term, provided however, that any services rendered up to and including the termination date will be paid in full within thirty (30) days of such termination. The Parties may choose to extend this Agreement beyond the term described in Paragraph 2, above, on a monthly basis as mutually agreed to in writing. 3.Consideration In consideration of Contractor's services,rendered hereunder as set forth in Paragraph 1, the City agrees to pay Contractor biweekly in the same manner as other employees an amount equal to that provided to Steven Alexander under the terms of the Employment Agreement previously entered into between the parties approved unanimously via Resolution 110-14- 14204, which was subsequently renewed via Resolution 204-17-15005. Additionally, Contractor will be entitled to the continued use of the office facilities and computer equipment currently assigned by the City to the City Manager during the term of this Agreement. Contractor 5 Page 5 of 9 shall be responsible for paying any Federal, State and/or Local Income taxes applicable to this compensation. Steven Alexander will no longer receive the actualemployment benefits of his prior contract which include, but are not limited to, pension, vacation, sick leave, health insurance, life insurance, automobile payments or allowance, and mobile phone allowance. 4.Severance of current Employment Agreement Within 30 days of execution of this Agreement for Management Consulting Services, the City of South Miami shall pay Mr. Alexander in a lump sum, the equivalent of 4 months of the salary and benefits that he was receiving immediately prior to the termination of his prior agreement with the City as well as the cash value of his unused sick leave and unused vacation leave. 5.Employment Recommendation /Non-disparagement The City's current elected officials, who vote to approve this Agreement, agree that if any inquiry is made by a prospective employer of Contractor, they shall provide the prospective employer with a positive recommendation or shall decline to discuss the matter and shall not make any derogatory comments about the Contractor. Neither the City of South Miami, nor any of its elected officials (who vote to approve this Agreement ) or representatives, shall make any oral or written statement or imply or take any negative action with respect to his past and future employment as City Manager and/or as Consultant and the City shall take steps to ensure that no individual member of the Commission who votes to approve this Agreement nor any action of the Commission as a whole shall be perceived as adverse employment action. 6.Governing Law a.This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. b.The Parties voluntarily waive any right to trial by jury in the event of any litigation between the Parties, which in any way arises out of this Agreement or the Services. 7.Entire Agreement /Modification /Amendment a.This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. b.No agent, employee, or other representative of either Party is empowered to modify or amend the terms of this Agreement, and this Agreement shall not be modified or amended unless approved by written resolution of the City Commission and executed with the same formality as this document. 6 Page 6 of 9 c.There shall be no implied waiver due to any physical or verbal action or inaction on the part of the parties. This agreement in general and this paragraph in particular, shall not be modified, amended or waived except upon approved by written resolution of the City Commission and in writing signed by both parties. The waiver of any breach or default of any of the terms of this Agreement shall not act as a waiver of any subsequent breach or default. This agreement shall be binding upon the heirs, guardians, personal representatives and assigns of both of the parties. 8.Ownership and Access to Records and Audits All records, books, documents, maps, data, deliverables, papers and financial information (the "Records") that result from Contractor providing the services to the City under this Agreement shall be the property of the City. 9.Severability If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law.This Agreement may be amended by a court of competent jurisdiction to harmonize the remaining provisions following such finding of invalidity or unenforceability of any term, paragraph or provision of this Agreement. 10.Independent Contractor Contractor shall be an independent contractor and not an agent or employee of the City with respect to all of the services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership,association,or any other kind of joint undertaking,enterprise,or venture between the parties. The Contractor does not have ongoing contractual agreements with other entities. The City may allow such other agreements during the term of this Agreement by Resolution of the Commission provided they do not create a direct conflict of interest with the scope of this Agreement nor prevent or interfere with the Contractor from fulfilling his duties as City Manager to the City. 11.Compliance with Laws Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the services rendered. 7 Page 7 of 9 12.Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 13.Survival of Provisions Any terms or conditions of this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 14.Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 15.Acknowledgment The Contractor acknowledges that he has carefully read and understands this Agreement and agrees that the City has not made any representations other than those contained herein. 16.Notices All notices, demands or requests provided for or permitted to begiven pursuant to this Agreement must be in writing and shall be delivered or sent, with the copies indicated, by personal delivery, electronic means such as facsimile transmission or e-mail, or overnight delivery service (by a reputable national carrier) totheparties asfollows (oratsuchother address apartymayspecifyby noticegivenpursuanttothisSection) ToCity:PhilipK.Stoddard,Ph.D. Mayor 6130 Sunset Drive South Miami, FL 33143-5093 with acopyto:Thomas F. Pepe,Esq. City Attorney 6130 Sunset Drive South Miami, FL 33143-5093 Nkenga Payne, City Clerk 6130 Sunset Drive South Miami, FL 33143-5093 8 Page 8 of 9 and toContractor:Steven Alexander StevenJohnAlexander@gmail.com All notices shall be deemed given and received one business day after their delivery to the addresses for the respective party, with the copies indicated, as provided in this Section. 17.Public Records: Contractor and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the City and the Contractor, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if Contractor does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the Contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If contractor has questions regarding the application of chapter 119, Florida statutes, to the Contractor's duty to provide public records relating to this contract, contact the custodian of public records at 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the date listed below. For the City of South Miami: By: ________________________________________________ Mayor Philip K. Stoddard Executed this the ____ day of _____________________, 2020. 9 Page 9 of 9 For Steven J. Alexander: By: ________________________________________________ Steven J. Alexander Executed this the ____ day of ____________________, 2020. Read and Approved as to Form, Language, Legality, and Execution thereof: By: ________________________ Thomas F. Pepe, Esq. City Attorney 10 RESOLUTION NO. ==2=0=4=-=1 7=-=1=5=0=0=5==~ 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 COMMISSION 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 Manager's retirement account or plan in effect on the date of termination, 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 ilSouth~iami OFFICE 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.:1 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. 13 OFFICE OF THE CITY MANAGER THE CITY OF PLEASAt-:T 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 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 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 $27 million. My responsibilities included hiring all 14 i) South~iami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING MEMORANDUM administrative staff and planning and providing for the execution of virtually every component of the Town administrative functions. I initiated a series of economic development strategies for the Town, which had been significantly stagnant since Hurricane Andrew. 1 was the initial force behind the establishment of the Property AS$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. ,I was also responsible for the Town becoming certified Silve( by the Florida Green Building Coalition (FGBC), the only local government in Miami-Dade County to achieve such an award. 1budgeted 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: 1fought 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. 15 OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING 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 import.ant 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. AlTACHMENTS: Draft Resolution 16 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 20tlday of_M_a-'y'---____ , 2014. ATTEST: APPROVED: 1/J(1f/J~ GRgJ~ MAYOR COMMISSION VOTE: 5-0 Mayor Stoddara: Yea Vice Mayor Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea I l I I I , l I I I I I· f i I I I t I i l 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 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 Agreemenf shaii be for an 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 contracl. In the evetlt ihat the City Manager is terminated, as defined in Section 9 of this Agreeme.nt, 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 ihe 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 shali faithfully perform the duties as prescribed in the job description as set forth in the City's charier 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 empioyees of the City under his supervision consistent with policies, ordinances, charter,.state and federal law. D. It shali also be the duty of the City Mcinager to organize, reorganize, and arrange the staff of the City and to develop and establish intemal regulations, rules, and procedures which the City Manager qeems necessary for the efficient and effective operation of the City consistent with the lawful directives, poliCies, ordinances, city charter, 90unty, 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 wifhout the City Manager's express written consent. I I I I I I l i i l 18 H. The City Manager or designee shall attend, arid shall be permitied 10 ai/end, 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 10 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, Disability and life Insurance Benefits A. The City agrees to provide an.d 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 lorce 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'sahnual 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 oi 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 relain, at the termination of this Agreement. accrued vacation leave. Section 6: Automobile The City agrees to pay.to the City Manager, during the te.rm 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 sholl be changed annually by the change in the South Florida Consumer Price Index. Section 7: Retirement The City agrees fo 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 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 19 C. Recognizing the importanc"a at constant communication and maximum productivity, the City sholl provide Ihe City Manager a laptop computer, sottware, and a monthly allowance of one hundred fifty dellars ($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 ihe roie, 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 terminaiion. 3. The City shali not reduce the base salary, compensation or any other financial benefit of the City Manager and, if it does, such actio,n 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 ot 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 al')d 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 brea~h by the City Manager is verified, ' 6. City Manager is found to have committed the offenses authorizing termination for cau~e 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 current rate of pay as weI! 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. Page 3 of7 I I I I l l 20 A. The City agrees to continue contributing to the City Manager's retirement account or plan in effect on tr.e dote of terminat:on, oi the rate in effect on Ihe dote of terminaiion during the severance period. . B. For the severance period following terminafion, the City sholl pay the cost fa confinue the following benefi1s: 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. Ail other benefits set forth here and above. If the City Manager is terminated "for couse", which sholl be defined os on oct of fraud, dishonesty, or conviction of' any criminal oct texcept· for minor traffic infractions}, including a felony conviction, or due to a sUbstantia: 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 withouf 0 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 othelWise. If the City Manager resigns he' shall not apply for or accept any position in a public administrative position for at leost six months following his resignation wittioutthe 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 shalt 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 10: (I) conduc1 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 peliormance period as well as the upcoming twelve (12) month peliormance 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 10 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 thai 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 fo faithfully perform his assigned duties and responsibilities. Section 14: Ethical Commitments The City Manager will at all times uphold the 1enets 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 circuiate 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 40f7 21 however, the City Manager may attend fund raisers ior issues or candidates, excluding City of South Miami issues or Mayor/Commission seats. The City shall supporl the City Manager in keeping these c~mmitme~ts by refraining from any order, direc1ion 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 ~equest the City Manager 10 endorse any candidate, make any financial contrib.ution, sign ,?r circulate any petition, or participate in any fund-raising activity for individuals seeking or holalng 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 residua! compensation from adivities prior to this Agreement. .Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City and the community, the City Mi;lnager may eled to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements must not create a conflict of interest nor constitute interference with his responsibilities under this Agreement. No new revenue producing activities are permitted unless approved by resolution of the City. Section 16: Indemnification A. The City shall defend, indemnify and pay all judgments or settlements 'In regard to any personal liability arising out of and in the scope of the City Manager's responsibilities. to the fullest extent authorized by Section 111.071, Florida statutes, and other laws, and in accordance with South Miami Code of Ordinances Sec. 2-4.6. titled "Indemnification", in addition to any insurance purchased by the City. The City agrees to pay all reasonable litigation expenses of the City Manager throughout the pendency of any City of South Miami litigation to which the City Manager is a party as a result of acts or omission within the course and scope of his employment, witness or advisor to the City. Such expense payments shall continue beyond the City Manager's service to the City as long as litigation is pending. B. Nothing in this section sha!: 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 properly. Section 17: Bonding The City sholl 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 agreem~nt with City Manager, approved by resolution, shali 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 not inconsistent with or in conflict with the 'provisions of, the City Charter, local ordinances or any other law. Page 50f7 i I I l I I I I I I i 22 B. Upon the termination of his Agreement for any reason (other than for cause or voluntary resignation as set forth in paragraph 4, Section 9), the City snail enter into a separate Agreement with Steven Alexander with a term ot not less than two (2) months for management consulting relating to the transition of City Managers at ihe 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, persona! 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 Attomey 6130 Sunset Drive South Miami, FL 33143-5093 Mario M. Menendez., CMC City Clerk 6130 SU!1set Drive South Miami, FL 33' 43-5093 E-mail: Mmenendez@southmiamifl.gov steven Alexander City Manager 6130 Sunset Drive South Miami, FL 33143-5093 Notice shall be deemed given as of the dote of personal service provided the recipient signs a receipt, which 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 Agreemeni 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 lite of the agreement. Such amendments shall be incorporated and made a port of this agreement .. B. Binding Effect. This Agreement shall be binding on the ety and the City ,'I/tanager as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. lhis Agreement shall become effective on May 20,2014. Page 6 of7 23 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 shail be deemed to be in full force qnd effect as if they have been executed·.by both the City and the City Manager subsequent to :ihe expungement or judicial modification of the invalid provision. . E. Precedence. In ihe event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of the City's permissive ordinances or the City's rules and regulations. or any permissive state or federal law. then. unless otherwise prohibited by law. the terms of this Agreement shall take precedence over contrary provisions of the City's permissive ordinances. or the City's rules and regulations or any such permissive law during the term of this Agreement. F. Waiver of Jury Trial. The parties to this Agreement hereby waive any right they may have to a jury trial with regard to any matter or dispute between the parties and arising out of this Agreement. G. This contract shall be governed by the laws of the state of Florida and venUe shall be in Miami-Dade County, Florida. City of South Miami B~ ~¥t,tf~ May r Phlhp K. Stoddard Executed this the & day of /"'""7 ,2014. Steven J. Alexa~. _____ __ BY:~=====--______ ~ steven J. Alexander Executed this the ~ day' of flt...f t ,2014. Page 70f7 r f I I I I I I I i i i i 24 with the Office o(the flonol"ilble Dennis C. MosS. lIam,~ad.Counl~~lm~I~I'M~D~~9 l.'i;~··:i·;·G'lest S""al< •• Matthew Woodforl<. Ph.D. lior.,to" Roltle" Sa'""er. LM.H.C. May 15th I 6'00 p.m. -. 8:30 p.m. Regional Library 2i1tf1 Street, Cutler Bay, FL 33189 Today: htlp://[inYlIrl.com/BlackMaleSollth UNO.~· R '~ .. --~.-""" 5753 Bird Rd I Miami. FL 33155 I 305-667-3772 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICIilS IIEREBYiJH'" 1hat1l1o CI~ Il<mtnlsolonollho a~ ,(SoUl/> MIuIl, f!DIId>WIlcond"IPWIIcHoatlngU)'tltsl1lgUle1 ClI)' commits"," ~dng _Iod 10< l\niJdvy Nay 20. ;w.4bogM,! " 1,00 p.m., ~ Ills CIIf Ccmmlsolon Ghambom, S130 S,nse1 011>0. to collllOor 1ti6 foiIoMngl""""l: I .R2ooIlllln",nMJq) IIA.".,,-dmenllo hl"'~eonb'il<tbo""''''C2Ii,"s..~I4IamIOl1d$_A1''''''d.'''ct ') t CI~/Aanog2tS"'1= u..CIlyblwFIo"""~._PJ""'_~""""""' __ CoIIIIIY . ad. Nko _ OJ>!'" 0Ii 01 s"'" IIlamI forSd\'lo! Crosshl Guanf_I" 201412015, 2.1snt/'6M6 201812D17._-. A .Poa:soIU~ autt»Mng Iho ClI)' MaMg:ar to entor Into B two m 'JW wnbaa wlttl DIMUtZ1HA lbwlng wtth 0t8 av11tm of 1')""'1~,..,addllIonoIpedx\o,,_ An onhnce.......rns_ 2N.3(E)ofCl.a~ ,1$o<rtIll,IIamIl>no1 DowIoI>monl CDc/""""''''''g oo_ ... "",~ dlnInjJ~,.,.ncoml!\elllalptQl)ll!\feo,_.t""OIOlI,l&>blll'Ono·_tl1IaIO!llcelD'llnl!di3D.l An Ordll\all:C& arnemUng SoeUon 13-31 of ~ city cf South MiamI ~o of O~ ,warning we or 1M name ClIyo! """"MlmIan!lcit)~oIflcl!IsaaI>n4!o;ro. loA _ ~ _ 21).2.3 -00IIniII0I\0. C> iIldIde ,~ i>rTompotN) sw.rw .. ""':;,,"" W.).6(l enftledAt<oso:>rl_ .. 1J«<. AA_o! ... a~,"_MIom!,_~o..llInd __ tCo:l"S"'til.,2Jl.'.6 __ "", lO.m. m.oo.(I).~)""'(n)anJa.ld~""""" %O-4-S.1 ,Cod_ ."''''''''''_ bvt""'_~.-. eonoom""lnlBnl. ,~_."-""'..-Cbr ... ...,...IlI ","""""",IS. ",btIons. _~. I.., ... ." .......... ____ .... Nld .. ,..Js. An Ordlnattto ~ th8 Qty at SoUtn MlMtI Coda of QnJll'anGOS, Settio1I 2"',1 :aTld sddIng 5Utlscrtio'l (I)) to est:nbIIm, put'SUIUlllo Section ZB8.01,S, RoridsSUhltes,<J ~ ~ 4rP8f~comrmaUc811on6 ~co~ quad·j!ldlclotmRIIaro. AlJ.lnlmsltd perIe5." imllM It>.u.rd and wID Do htiInj. F07 furthu IrrftIn'MI101I,p~ COIItatttha ClIY c:s.m:" Oll'b! et;-J05-36J.-ti3<!o. tw'.aria III MenllOdu. CMC CI~CIu' 1D~~2t40)C$,Cl:cCl}'hvWr~h:lgd:~D'll:ICaanltcdt:Jlg~q~/nId!IIIy~bnt,kP'O(StcmIIIInUn luecl1D""'cn:ZIer~lllb~«~hl(lwlritl'O!:lrm:rndb~allWb'1DCbp:!l'tlOl:!l.~~=rn.rd II'ISU7IIUQI .. ~lInIllItUtfgf~o~1ralZ5eutC:flncmltdr:lohIl"StllrWrW~GI:lIII'I'ItIl:h\tlo~btrbrbMtd Brad@72'd Ave. has partnered with the League Against Cancer to host the "Hope for Ufe" benefit event. With your small donation. you'll enjoy: Hors d'oeuvres by Chef Pepe Wine by Top Hat Wine & Spirits Dessert by Doral Bakery Music under the stars Raffle for exc:ltlng 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 rw_ .. _· __ '-.-~-----rt··~·-·-·--·-------·~·~ .. · ... '·--.---.~--------.. -.. -.~.-~.---~-.--.. ---.--.... -----.,..~----.----" _. 25 lSi 4¥A¥. .s&ra . .. ' if ., SUNDAY SEPTEMBER 1'7-i01i MIAMIHERALD.COM . H! Cub' . 'a' ". <mvst··e·· :''''17..).: .:~'I7h···;-" .. ::).~~i~Dt.. • 68,' .. :"> .... ~!.:~~~~!R~~~~.&~e~·:.:··:.C.::.~~:.t_~::~na:!:~h:sth~ '. ' .' J:'. '. . ~"'~':':~/" ... :;,·Y· ..... .:/I:II~'';';~\f:. ~ .... :.'~' . ~ .' c' ·,'·ti.S:·i;h'V'estigatbrsh~~e .:-;". united-States arid Camida. U S· ·8 ..... t' .• ··t· .-... . . . e . 'focused on a small group or" Russia' also has advanced, @8IDves·'lga:.·Q·tsare. :PQ .. ,:·rsul~g· .:~~~sioi:~~~~a;V;~:: ~a;~~~e:;::~~~~nt:CkS ltV JOSH I,EDERMAN AllID I,AURAN NEERGAARD A ssociat.d Press WASHINGTON" There must be an answer. Whl!-tever is haiming U.S. diplomats" in Havana, it's eluded the' do<;tors, scien- tists and intelligence ana- lysts scouting 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:. pen.ed, conflicting with others. The United States doesn't even know what to call it. Secretary ofState Rex: T.iI-. lerson used the phrase· health attacks." The State Department"prefers "in-.: cidents." Either way, suspicion has fallen on Cuba. But in- vestigatorsalso are exain- ining whether a rogue fac- tion o( its security services; another countrY stich as Russia, or some c'ombina- tion is to blame, mere than a dozen U.S. officials fam- iliar with the investigation told The Associated Press. Those officials spoke' on condition o~ anonymity because they weren't autho-. 1 +-,.. ""' ...... H~l'1J' ~;4'""""',.,. +h.o vestigators are sorting' Symptotps nito categories, ';. such as auditory arid'neur- ological, according to indi- viduals briefed' on the .. probe·.: .. ·· .. There e::an,'~ 'a: lag before victims discover or·report· . symptoms, SoJ1'le .-qf which are hard tp·diagnose. So '. investigators are "chatting the timeline'of reported incideIit~ to-identify f'clus- tersnto help solve the when, where and how:of the Havana·Whodunit. SONBC"[)EVotlE . The firSt signS" pointed to a some attatk. But what kind? S.ome victinis'heard things:... signs that. the sounds'were in the·audible spectrum. L9udnoise'can harm ·heariD.g, espeCially high-decibeI'sourlds that can trigger 'ear-ringing tirtriifUs,· ruptUred ear Non~ of these sound. waves seems t6 explain the concussions. Usually, these' : follow a blow to ilie head 'or proxfrnity to sOnietliin:g·like· a bomb blast. Diplomats reported in- cidents in their homes and in hotels~ Cuban authorities would Know Who is staying in each. Butwhat's the motive? When symptoms . IElECTROMAGNIETDC em~rged last-Novemb~J:, . WEAPON C~ba was wo~g feverish- Itritay sound like Star Iyw.ith the U.S: to make . War.~fantasy, bmelectro-. . progresson·everything· magn'etic weapons nave from internet access to been aroUnd for years. They immigration· rules befqre g~ner:ally harm :electronics,· ... President Bara,ck Obama's not humans. . term.ended.Officials·still The electromagnetic. . don'tunaerstandwby Ha- spectrum includes waves vana would at tQ'e same like the ones used by yoJIr time'pe'tpetrate'attacks that cellphone, microwave and .: could destroy its new rela- light bulbs. . tionship with Washington Andtheycanbe,eas"ily . entirely .. :,',:: . pinpointed. Such waves can:. . Cuban President·~ul also travel through'walls, so Castro's reaction d~epened. an electromagnetic attack investigators' skepticism,' could be plii:Jsibly con-' accordingt6 officials cealed from afar.' briefed'Gil a·tare, face-to- What about the sounds face discussion he had on pe0ple heard? ':';'; thelnatt~i:y;i.th.Ainerlca's Microwave pulses:;':short, top envpy in Hav:ana. druins, even perman~nt heariilg loss. . intense bl"asts--can cause' Predictably; Castro de- people to "hear" clicking' nied.respotlsibilitY". ~ut U.S •. sounds. offiCials were surprised ~tButothersheard' nothing, and still became'ill: So' . investigators considered' inaudible soUnd: infra-·· '.: sound, too loW: for'hturians . to hear, and ultrasol41d, too high. Infrasound often is expe- rienced as vibratiOn, like standing near a-silbwo.ofer. c·~'o · .. ri""..;"""e> ';ot"'!.,..t+o.A B'ut when electrcimagnet-Castro seemed:genuinely . ic wayes cause :physicaI . x:attled, and that Cuba off- damage, ituSually feliults ered to let the FBI-come from bodytissue'being investigate. .. heated. The diplo;mats in . Then, CiuJadian~'got ill.· C!lba haven't been report-. Why them? . ing burning sensations. Th~ ",!arm, long-standing' .. SOME1l"HlIING ELSIE ties between Cuba and anadiunade it se~mev.en· . l" .... ln'",.~J th"t ril .. h-n' .. zuela. . .' and might'not even know Russia, in particular, has about. harassed American diplo-N qne. of officials inte:- mats aggressiv~ly in recent . viewed fortbis story pomt- years .. ' : . . ed to any evidence, howev- Mosco~ even has a plau-er,·linking Russia to the. sible motive: driving a illnesses. The same goes for wedge. between ~e' com-the other countries. 1) em OF SOUTH MIAMI' NOTICE OF PUBLIC HEARING is HEREBV given that the Cjtv C~mrsslon of ,fhe City df South Miarnl. Rorida will conduct PUblic Hearing(s) at Its spacial City Commission meeting scheduled for TI"IursdaY-. SeptembOr 2,8, ~017, beginnhig at 7:00 D."' .. in tr?e Cirv Commission ChambGrs. 6130 Surisei DrWe. to consider the Iollowing IIe'!'!s): A Ae'Solutrori· approving an extension to ~e exisbng Agreement b,etween the) City of South-Miami and SteVen Alexander for Cfty Manager SerVIces for the CUyof South Miami'. Florkla . • . An Ordinance amending the Land Development Gade. Article V. Seclion 20·5.8, and Article VI .. Section 20-6:1 relating to reaDpllcatiOnS and reconsi'deratiOl1S of apglicatfon!!-. • •.•. . ft." Ordinancu amending the City of South Miami Code 01 Ordin8l'lces. Chapter 1.. Article I,· Seciion 2-2. t (,4.) to· give .the City CommisSion mote ·flexibility 'n rescheduling regular me,etings. espeCially. during timeS of emergency. ALL inlereSted patties 'ar~ inViled Io"a'tteod arid wal be heard. .. For 1urlher fnfoR'1\8tion. please cornact the City Clerk's Office at: 305-663·6340. Maria M. Menendez. CMC City C1erk pursua:nt·l~ Florida Sfahltes 286.0105, the Crty·heteby advises the public thal if a person decides to appea~ any decision made by this Board, ~gell~ ot Cotttrili&Slon with resp~CI 10 any matter considered at Its meeting or hearfng:he or she win need a record 01 the p;oceedings, and ,hal fOf such purpose, affecled peqon ma.y need to ensure that·s \'erbatirn record of th ... proceedings is mad.e 'f'hlch tecor,:t tnctudes lhe-te:st~ny and evidence uPo.n whic" the appeal Is to be based. r_~ .. -'~~"'---.. -----.-~ 26 MIAMI DAILY BUSINESS REVIEW Published Daily excepl Salurday, Sunday and Legal HOlidays Miami, Miami-Dade Counly, Florida 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 Nolices of the Miami Daily Business Review flkla 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 XXXX Court, was published in said newspaper in the issues of 10/06/2017 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, Florida .-e~ch. day (except Saturday, Sunday and Legal Holidays) ano··" 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 SWorn 0 and su I d before me this . ~: jj;;;;/~ SEAL) MARIA MESA personally known to me r 27 32SE I MIAMI-DADE COUNTY Fence demolished by Irma? Dade waives permit rules for unincorporated areas BY DOUGlAS HANKS dhnnk$@miamihaald.com Miami-Dade this week waived permit requirements for residential fences dam- aged by Hurricane Inna, allowing homeowners to fix the fences without approval~ provided the structures aren't surrounding pools. half of the county's homes, but does not apply to prop- erties within city limits, since cities have their own zoning procedures. The rule, approved by the County Commission on NEIGHBORS ISUNDAY OCTOBER 8 2017 MIAMIHERALD.COM The waiver only applies to properties governed by county zoning rules in Mia- mi-Dade's unincorporated areas. That covers about Tuesday, lets homeowners repair fences without per- mits, providing they use the same materials, design and layout as the pre-Irma fence. Fence permits start at 130 and increase based on the size of the fence being SEE FENCE, 33SE MATIAS),OCNER moc.net@f1Iiamiherald.o;t)l" Downed fences littered Miami-Dade after Hurricane Irma. Miami-Dade has waived permit requirements for repairing them provided the fence doesn't surround a pool. The waiver only applies to residential properties outside of city limits in the cciunty. WHAT EDUCATION SHOULD BE! RIVIERA DAY SCHOOL n~I)ll Net"" Str.et. Corol Gabl." Ft33146 I Tel. 305.666.1856 RIVIERA PREPARATORY SCHOOL ~773 SW 87 Avc·m,,·. M"mi, FL ~3176 I Tel. 786.300.0300 www.rivioI3schools.com I Ac,",.clit,J b)' A1Sf. SACS. MSA.lli. NCPSA. !'JIrSA CITY OF SOUTH l\UAlVU NOTICE OF PUBLIC HEARING NOTICE IS liERI!;UY give" OUlt thl' Cit!, Commi..,sion (If the City of South Miami. 'Florida will conc.luct Public Hearlu£(s) a.t its r~gular Ciry Commi$;sioTl meeting scheduled fm Tuesday. Octoher 17. ~()I1, br.ginning at 7{X) p.m .. in Ole CHy C\)lnmissioll Chnmbcni, 6JJIJ SunsC't Dri\.'(.,. to consider the following ifC'm(~): A Rt!!OOJUlion rd3ting fC't jJ Special Use :lpplicilrion to penni! jJ Genera} Rt!staur'Jul U~e at 5958 S. Di:tie Highway. A Resulutitln <lpprO\i.'tng renewal or Ihe p.nCJr 3greement bt'(WCe!~ th¢ City tUl<.l Steven Ale:U1nttt'!r I'or City 1\'lannger Sl~ ... kes. amending: SecTion 10. A. to clnnply with CiT)"S current peruion l'nJinanr..:e and aUowing for adjllrunellt~ to salary and benefit'.> that are pru..,.itk.~ felt' in t:ach annual hudget LL iulcrestcrl pame!' are invill'd It) ittte-nd ilnd will bt' he'lm. For tutther infllnn'llion. plcotlSC cl>nUll'ftht': City Ckrk 's Offh:..: at: 30,·663·6340. Marl" M. Menendez. CMC CilyClel1. Pu;su:.nt tn Flttlid:\ SCl~!rt's 2S6.0ltl:'. Ih.:-City hcrt:l1}' ;ulviS"c" Ihe puhlic Ihtll Jr" 11''t~'lI1d~'Cidc.''ln Drill'ul "uy deci,:inn 1Il3d~' hy thi~ Hmnu. A~I!IIt:y nrC"mffli:>:l:lI1n ith 1\!l'peCt In <Iny mauer c\~tl!=id",~d :1111:\ :l1Ct!Ollg or t)t!:u1rtr. h. .... '" "h~ will netd l r~'Cotd of Ihe p:roco.."l"cim2::. un.-llhnl ror ~u.:h rurpn~, :!ff~Ch!d p"r.~lm may ncl'ci 10 ~l:aure Ih::1.1 " vcrb:tlim ro~'ord or lIte pro('caling.." i\ U",dl' whkh h"Cllld in('lu.II,\" lh~ t ... ·~timnn)" tin" c"iJcncc UpO:l ..... hlch Ill>' .:lpp-.:.11 i~ tn be i>(\'tCJ. 28