Resolution 2024-33394 RESOLUTION NO. 2024-33394
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CITY MANAGER ERIC T. CARPENTER.
WHEREAS, on July 24, 2024, the Mayor and City Commission appointed Eric T. Carpenter
as City Manager of the City of Miami Beach, effective immediately; and
WHEREAS, on October 30, 2024,the Mayor and City Commission adopted Resolution No.
2024-33341, approving and authorizing the Mayor and City Clerk to execute the Employment
Agreement with Eric Carpenter, for a term of up to three (3) years, commencing retroactively on
July 24, 2024, and expiring on July 24, 2027 (the "Agreement"); and
WHEREAS, this Resolution approves Amendment No. 1 to the Agreement, amending
Section 12 of the Agreement, entitled "Pension," to provide that Eric Carpenter may, subject to
satisfying certain requirements, elect to purchase enhanced pension benefits as a member of Tier
B of the Miami Beach Employees' Retirement Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby approves and
authorizes the Mayor and City Clerk to execute Amendment No. 1 to the Employment Agreement
between the City of Miami Beach and City Manager Eric T. Carpenter.
PASSED AND ADOPTED this oto day of /VW/Wet-2024.
ATTEST:
NOV7\61 2 2 2024 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
"t APPROVED AS TO
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Nick Kallergis, Chief Deputy City Attorney
DATE: November 20, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CITY MANAGER
ERIC T. CARPENTER.
•
BACKGROUND/HISTORY
On July 24, 2024, the Mayor and City Commission appointed Eric T. Carpenter as City Manager
of the City of Miami Beach, effective immediately.
On October 30, 2024, the City Commission adopted Resolution No. 2024-33341, approving Mr.
Carpenter's Employment Agreement for a term of up to three (3) years, commencing retroactively
on July 24, 2024, and expiring on July 24, 2027 (the "Agreement"). On October 30th, the City
Commission also adopted on First Reading an Ordinance amending the Miami Beach Employees'
Retirement Plan ("Pension Plan") to ratify a term of the Agreement relating to Mr. Carpenter's
pension benefit.
ANALYSIS
The attached Resolution approves Amendment No. 1 to the City Manager's Employment
Agreement, as proposed by the City Manager, to provide that the City Manager may, subject to
satisfying certain requirements, purchase enhanced pension benefits as a member of Tier B of
the Pension Plan. This additional employee contribution is intended to offset the increased cost
to the City of providing the enhanced benefits, as estimated in the October 18, 2024 actuarial
analysis report.'
' The October 18, 2024 actuarial analysis report is attached to the companion Ordinance
amending the Pension Plan.
Page 550 of 1993
As originally approved by the City Commission, the Agreement provides that Mr. Carpenter shall
be included as one of the more than 400 current employees that are members of Tier B of the
Pension Plan.
This Amendment is consistent with the companion Ordinance amending the Pension Plan, as
revised for Second Reading/Public Hearing on November 20, 2024.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.govlcity-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide .
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Co-sponsor(s)
Condensed Title
Page 551 of 1993
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH,FLORIDA
AND
ERIC T. CARPENTER
This Amendment No. 1 ("Amendment") to the Employment Agreement, dated July 24, 2024
("Agreement"), by and between ERIC T. CARPENTER ("Eric Carpenter") and the CITY OF
MIAMI BEACH, FLORIDA (the "City"), (each, a "Party" and collectively, the "Parties") is
hereby entered into this day of ,20
RECITALS
WHEREAS, on July 24,2024,the Mayor and City Commission appointed Eric Carpenter
as City Manager of the City, effective immediately;and
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted Resolution
No. 2024-33341, approving and authorizing the Mayor and City Clerk to execute the Agreement
with Eric Carpenter,for a term of up to three(3)years,commencing retroactively on July 24,2024,
and_expiring on July 24, 2027; and
WHEREAS,on November 20,2024,the Mayor and City Commission adopted Resolution
No. 2024- , approving andauthorizing the Mayor and City Clerk to execute this
Amendment,to authorize Eric Carpenter to elect to puichase enhanced pension benefits; and
WHEREAS, on November 20, 2024, the Mayor and City Commission also adopted
Ordinance No. 2024- , approving a corresponding amendment to the Miami Beach
Employees Retirement Plan(the"Plan"); and
WHEREAS, this Amendment amends Section 12 of the Agreement, entitled "Pension,"
to provide that Eric Carpenter may, subject to satisfying certain requirements, elect to purchase
enhanced pension benefits as a member of Tier B of the Plan.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged,the City and Eric Carpenter hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS. ••
The Agreement is hereby amended (deleted items leugh and inserted items
underlined)as follows:
Page 554 of 1993
(a) Section 12 of the Agreement is hereby amended to read as follows:
12.Pension. Eric Carpenter shall continue to be a member of the Miami Beach Employees
Retirement Plan(the"Plan")as a condition of his employment pursuant to the governing ordinance
of the Plan (which Plan, at the time of the effective date of this Agreement, includes an accrual
factor of 4 percent for his period of service in the position of City Manager).Based upon the more
than ten years of service as a City executive and the short duration of the contractual relationship
as City Manager,Eric Carpenter shall may elect to be included as one of the more than 400 current
employees that are members of Tier B of the Plan - -- - - • - ' .. - - .
Within 90 days after the execution of this Amendment,a corresponding amendment to the pension
ordinance that grants Eric Carpenter the right to elect to purchase the same pension terms and
benefits that apply to-members of Tier B, except as otherwise specifically provided for Charter
Officers or for the City Manager(the"Pension Ordinance Amendment"), shall be ratified by the
Commission. The Pension Ordinance Amendment shall prescribe the terms (including the date of
the election, and the amount of the additional employee contribution required on which Eric
Carpenter may purchase Tier B benefits. As part of this election, Eric Carpenter agrees to forego,
as more specifically provided in the Pension Ordinance Amendment, the City's contributions to
his 457 deferred compensation plan and IRA as provided in Section 7.a of this Agreement, in
which case(i)the City will contribute an additional amount to the pension plan that is equivalent
to the City's contributions to Eric Carpenter's 457 deferred compensation plan and IRA under
Section 7.a of this Agreement (and these additional contributions shall be treated as additional
employee contributions) and (ii) Eric Carpenter's annual employee contribution to the Plan shall
increase by the difference between the increased annual City contribution for the enhanced
retirement benefits for Tier B as reflected in the October 18.2024 actuarial analysis,and the City's
annual contributions to Eric Carpenter's 457 deferred compensation plan and IRA as provided in
Section 7.a of this Agreement.The increased City and employee contributions shall continue until
he is no longer employed as City Manager, or until the total increased contributions equal the
increase in the actuarial accrued liability of the Plan for the enhanced retirement benefits for Tier
B as reflected in the October 18,2024 actuarial analysis,whichever occurs first.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement,the provisions of this Amendment shall
govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Page 555 of 1993
WHEREFORE, the Parties, after full consideration, including consultation with
independent counsel, do knowingly, voluntarily, and intending to be legally bound, hereby enter
into this Amendment duly executed on the dates written below.
Attest: FOR CITY OF MIAMI BEACH,FLORIDA:
Rafael E. Granado, City Clerk Steven Meiner,Mayor
day of ,2024.
FOR CITY MANAGER ERIC T.CARPENTER:
Witness Signature Eric T. Carpenter
day of ,2024.
Print Name
Witness Signature
Print Name
APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
,ctix,09T,
City 1q13(2A-
Attorney Date
3
Page 556 of 1993
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