Resolution 2021-31703 RESOLUTION NO. .2 0 2 1 3 1. 7 0 3
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 AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF.MIAMI BEACH_AND CITY MANAGER ALINA T.
HUDAK, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE CITY
MANAGER'S EMPLOYMENT, FOR A TERM OF UP TO FOUR (4) YEARS,
COMMENCING AS OF APRIL 21,'2021,AND EXPIRING ON APRIL 20, 2025,
UNLESS TERMINATED EARLIER BY EITHER PARTY IN ACCORDANCE
WITH THE TERMS OF THE AGREEMENT.
WHEREAS,on April 21, 2021, the Mayor and City Commission appointed Alina T. Hudak
as City Manager of the City of Miami Beach, to be effective immediately, on April 21,2021;. and
WHEREAS, it is the desire of the City to provide certain benefits and to establish certain
conditions of employment for Alina Hudak in her capacity as City Manager; and
WHEREAS, Alina Hudak desires to accept the position of City Manager pursuant to the
terms and conditions as setforth in the Employment Agreement attached to this Resolution as
Exhibit "A", the terms of which the parties agree will promote the Alina Hudak's continuous
productivity and efficiency_.in the best interest of the City in her capacity.as City Manager.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE. MAYOR AND THE CITY
COMMISSION OF. THE CITY OF 'MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute.an.Employment
Agreement between the City of Miami Beach and City Manager Alina T. Hudak, toprovide for
the terms and conditions of the City Manager's Employment, fora term of:upto four (4) years,
commencing as of April 21, 2021, and expiring on April 20, 2025, unless.terminated earlier by
either party in accordance with the terms of the agreement.
PASSED and ADOPTED this 12st day May, 2021. .
ATTEST:
Dan Gelber, Mayor
1° 5 kl/Zr
Rafael E. Granado, City Clerk ,..,„ .
, .
iNcoRpl,oRArED) APPROVED AS TO
.. .�,: z, FORM& LANGUAGE
11,1 !"-)
'. a ..:.•;��~ & FOR EXECUTION
!1I2 �
3 - a ,
City Attorney Dale
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, Acting City Attorney
DATE: May 12, 2021
SUBJECT: 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 AN EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CITY MANAGER ALINA T. HUDAK, TO
PROVIDE FOR THE TERMS AND CONDITIONS OF THE CITY MANAGER'S
EMPLOYMENT, FOR A TERM OF UP TO FOUR(4)YEARS, COMMENCING AS
OF APRIL 21, 2021, AND EXPIRING ON APRIL 20, 2025, UNLESS
TERMINATED EARLIER BY EITHER PARTY IN ACCORDANCE WITH THE
TERMS OF THE AGREEMENT.
On April 21, 2021, the Mayor and City Commission appointed Alina T. Hudak as City Manager
of the City of Miami Beach, effective immediately.
At that meeting, the City Commission directed the City Attorney to negotiate the terms for the
proposed Employment Agreement with the City Manager, and to meet with Commissioner
Arriola, as Chair of the Finance and Economic Resiliency Committee ("Finance Committee"), to
review the proposed terms. Once adopted, the employment agreement would be retroactive to
the April 21, 2021 date of the City Manager's appointment.
The proposed Employment Agreement is attached hereto as Exhibit "A."
The terms and conditions of the proposed Employment Agreement are summarized in the chart
below, which includes a side-by-side comparison of the employment terms currently provided to
City Attorney Raul J. Aguila, and the most recent employment terms provided to former City
Manager Jimmy Morales. As shown below, the proposed compensation and terms of
employment for City Manager Alina T. Hudak are consistent with the compensation the City has
previously provided to both the City Manager and City Attorney.
On April 30, 2021, Acting City Attorney and City Manager Hudak met with Commissioner
Arriola, the Finance Committee Chair, to review the proposed terms. Following review of
the proposed terms, Commissioner Arriola advised that the proposed terms are fair and
commensurate with the City Manager's experience and the responsibilities of the position
of City Manager.
Commission Memorandum—Alina T. Hudak Employment Agreement
May 12,2021
Page 2
The terms are summarized below:
Raul Aguila Contract J.Morales 2019 Contract Alina T.Hudak's Proposed
Terms
Term Most recent extension was in Up to 4 years,terminable at Up to 4 years,terminable at
May,2018,for 3 years and 10 any time and subject to annual any time and subject to
months through March 31, evaluation annual evaluation
2022 final retirement date
Base Salary $324,418(2021) $305,736.60 $320,000*
*This salary is comparable to
salary for City of Miami
Manager.
457 Deferred Comp $26,000 per year $25,000 per year,subject to $26,000,subject to automatic
Plan automatic annual increase to annual increase to maximum
maximum amount permitted by amount permitted by law
law
IRA contribution $7,000 $7,000,subject to automatic $7,000,subject to automatic
annual increase to maximum annual increase to maximum
amount permitted by law amount permitted by law
City Offered City to pay premiums for City to pay premiums for City to pay premiums for Life,
Insurance Medical,Dental, Life Medical, Dental, Life,and Supplemental life,Short Term
Supplemental life, Long-term care insurance for Disability, Long-Term Disability,
Short Term Disability,and City Manager and dependents and Long Term Care
Long Term Disability
City Manager will decline
Medical/Dental coverage in
FY2021 ($45,052 value for
family premium PPO
coverage).City Manager may
elect to join City health plan
during open enrollment each
year,with City to pay premiums
for City Manager/dependents
Annual leave Same as general employees Same as general employees, Same as general employees,
plus accrual of 120 additional plus accrual of 120 additional
Cap of accrued leave at 650 hours of annual leave per year hours of annual leave per year
hours
Cap at 500 hours,same as Cap at 500 hours,same as
general employees general employees
Vehicle allowance $800 per month $800 per month $800 per month
Separation Benefits 12 weeks 12 weeks Separation Payment, 12 weeks Separation Payment,
at Expiration of plus Medical and Dental for plus Medical and Dental for City
Agreement(i.e.non- Morales and dependents for Manager and dependents for
renewal at end of 4- one year one year(if CM elects to join
year term) plan). The Separation
Payments will cease if the CM
finds alternate employment
Commission Memorandum—Alina T. Hudak Employment Agreement
May 12, 2021
Page 3
Raul Aguila Contract J.Morales 2019 Contract Alina T.Hudak's Proposed
Terms
during the 12 week period
following her departure.
Termination May be terminated by the City May be terminated by the City May be terminated by the City
Commission at any time,with Commission at any time,with Commission at any time,with
or without cause or without Cause. or without Cause.
However,achievement of However,achievement of
annual performance annual performance
benchmarks shall impact benchmarks shall impact
eligibility for bonus only,and eligibility for bonus only,and
shall not constitute a basis for shall not constitute a basis for
termination for Cause. termination for Cause.
Separation Payment 20 weeks Separation Payment 20 weeks Separation Payment, 20 weeks Separation Payment
if Termination plus Medical and Dental for (the same severance provided
Without Cause Morales and dependents for to all other Charter officers),
one year plus Medical and Dental for City
Manager and dependents(if
CM elects to join plan).
Separation Payment None None None
if Termination for
Cause
Termination by City City Attorney may terminate If Manager terminates with 90 If Manager terminates with 90
Manager upon 90 days prior written days'notice: 12 weeks days'notice: 12 weeks
notice. No Separation Separation Payment,plus Separation Payment, plus
Payment due if City Attorney Medical and Dental for Morales Medical and Dental for Morales
elects to terminate. and dependents for one year and dependents for one year.
If Manager terminates on less If Manager terminates on less
than 90 days'notice,no than 90 days'notice,no
Separation Payment. Separation Payment.
Annual Annual Performance Mandatory annual review,with Mandatory annual review,with
Evaluation/Goals Evaluation(30 days after May agreed-upon goals and agreed-upon goals and
16th) performance measures,with performance measures,and
potential bonus up to 10%of potential bonus up to 10%of
base salary base salary. City Manager
Hudak proposes for goals to be
established separately following
Commission retreat/workshop
in next 3-4 months and
incorporated by amendment.
TOTAL $394,741.38* $394,824.60* $372,413.20*
COMPENSATION
PACKAGE: *The City's contribution to the *The City's contribution to the *The City's contribution to the
plan is actuarially determined plan is actuarially determined plan is actuarially determined
for the plan to maintain benefits for the plan to maintain for the plan to maintain benefits
for the entire plan each year. benefits for the entire plan for the entire plan each year.
each year.
Commission Memorandum-Alina T. Hudak Employment Agreement
May 12, 2021
Page 4
In addition, consistent with City Manager Jimmy Morales's contract, the proposed Employment
Agreement provides for a mandatory annual review of the City Manager's performance, and
establishes a framework for assigning specific goals and priority objectives to the City Manager.
To this end, the goals and objectives assigned to City Manager Morales, which were first
developed in 2018, with a minor amendment in March, 2019, serve as a useful starting point.
However, those goals and objectives need to be updated to reflect the current environment, as
many of the City's current priorities, including public safety or post-COVID recovery and other
initiatives, are simply not reflected in Jimmy Morales' 2018 performance objectives.
Accordingly, because the priority goals and objectives of the City Manager need to be updated
by the City Commission, in consultation with City Manager Hudak, the Agreement provides that
the goals shall be adopted as soon as possible in the next 3-4 months (ideally, following a
Commission workshop or retreat), and memorialized as an amendment to this Agreement. Until
such time as the City Commission and Alina Hudak jointly establish such agreed-upon goals and
priority objectives, Alina Hudak's immediate priorities shall focus upon (i)the continuation of the
City's COVID-19 efforts, including post-COVID economic recovery; (ii) the continuation of City's
ongoing public safety efforts, including during High Impact weekends such as Memorial Day
weekend; (iii) City's FY2022 budget process; (iv) the City Manager's staffing and organizational
plan, including filling of key vacancies; and (v) any such other priorities as the City Commission
may establish from time to time.
RP/ag
EXHIBIT A
Resolutions- R7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting City Attorney
DATE: May 12, 2021
9:00 a.m.
SUBJECT: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 AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CITY MANAGER ALINA T.
HUDAK, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE CITY
MANAGER'S EMPLOYMENT, FOR A TERM OF UP TO FOUR (4) YEARS,
COMMENCING AS OF APRIL 21, 2021,AND EXPIRING ON APRIL 20, 2025,
UNLESS TERMINATED EARLIER BY EITHER PARTY IN ACCORDANCE
WITH THE TERMS OF THE AGREEMENT.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Commission Memorandum
o Resolution
Page 451 of 859
D Exhibit A- CM Alina T. Hudak Employment Agreement
Page 452 of 859
M. I /\M1 B E A C H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, Acting City Attorney
DATE: May 12, 2021
SUBJECT: 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 AN EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CITY MANAGER ALINA T. HUDAK, TO
PROVIDE FOR THE TERMS AND CONDITIONS OF THE CITY MANAGER'S
EMPLOYMENT, FOR A TERM OF UP TO FOUR(4)YEARS,COMMENCING AS
OF APRIL 21, 2021, AND EXPIRING ON APRIL 20, 2025, UNLESS
TERMINATED EARLIER BY EITHER PARTY IN ACCORDANCE WITH THE
TERMS OF THE AGREEMENT.
On April 21, 2021, the Mayor and City Commission appointed Aline T. Hudak as City Manager
of the City of Miami Beach, effective immediately.
At that meeting, the City Commission directed the City Attorney to negotiate the terms for the
proposed Employment Agreement with the City Manager, and to meet with Commissioner
Arriola, as Chair of the Finance and Economic Resiliency Committee ("Finance Committee"), to
review the proposed terms. Once adopted, the employment agreement would be retroactive to
the April 21, 2021 date of the City Manager's appointment.
The proposed Employment Agreement is attached hereto as Exhibit"A."
The terms and conditions of the proposed Employment Agreement are summarized in the chart
below, which includes a side-by-side comparison of the employment terms currently provided to
City Attorney Raul J. Aguila, and the most recent employment terms provided to former City
Manager Jimmy Morales. As shown below, the proposed compensation and terms of
employment for City Manager Alina T. Hudak are consistent with the compensation the City has
previously provided to both the City Manager and City Attorney.
On April 30, 2021, Acting City Attorney and City Manager Hudak met with Commissioner
Arriola,the Finance Committee Chair,to review the proposed terms. Following review of
the proposed terms, Commissioner Arriola advised that the proposed terms are,fair and
commensurate with the City Manager's experience and the responsibilities of the position
of City Manager.
Page 453 of 859
Commission Memorandum—Alina T.Hudak Employment Agreement
May 12,2021
Page 2
The terms are summarized below:
Raul Aguila Contract J.Morales 2019 Contract Aline T.Hudak's Proposed
Terms
Term Most recent extension was in Up to 4 years,terminable at Up to 4 years,terminable at
May,2018,for 3 years and 10 any time and subject to annual any time and subject to
months through March 31, evaluation annual evaluation
2022 final retirement date
Base Salary 5324,418(2021) 5305,736.60 $320,000•
• 'This salary is comparable to
salary for City of Miami
Manager.
457 Deferred Comp $26,000 per year 325,000 per year,subject to $26,000,subject to automatic
Plan automatic annual increase to annual increase to maximum
maximum amount permitted by amount permitted by law
law
IRA contribution $7,000 $7,000,subject to automatic $7,000,subject to automatic
annual increase to maximum annual increase to maximum
amount permitted by law amount permitted by law
City Offered City to pay premiums for City to pay premiums for City to pay premiums for Life,
Insurance Medical,Dental,Life Medical,Dental,Life,and Supplemental life,Short Term
Supplemental life, Long-term care insurance for Disability,Long-Term Disability,
Short Term Disability,and City Manager and dependents and Long Term Care
Long Term Disability
City Manager will decline
Medical/Dental coverage in
FY2021 ($45,052 value for
family premium PPO
coverage).City Manager may
elect to join City health plan
during open enrollment each
year,with City to pay premiums
for City Manager/dependents
Annual leave Same as general employees Same as general employees, Same as general employees;
plus accrual of 120 additional plus accrual of 120 additional
Cap of accrued leave at 650 hours of annual leave per year hours of annual leave per year
hours
Cap at 500 hours,same as Cap at 500 hours,same as
general employees general employees
Vehicle allowance $800 per month $800 per month $800 per month
Separation Benefits 12 weeks 12 weeks Separation Payment, 12 weeks Separation Payment,
at Expiration of plus Medical and Dental for plus Medical and Dental for City
Agreement(i.e.non- Morales and dependents for Manager and dependents for
renewal at end of 4- one year one year(if CM elects to join
year term) plan). The Separation
Payments will cease if the CM
finds altemate employment
Page 454 of 859
Commission Memorandum—Alina T. Hudak Employment Agreement
May 12,2021
Page 3
Raul Aguila Contract J.Morales 2019 Contract Anna T.Hudak's Proposed
Terms
during the 12 week period
following her departure.
Termination May be terminated by the City May be terminated by the City May be terminated by the City
Commission at any time,with Commission at any time,with Commission at any time,with
or without cause or without Cause. or without Cause.
However,achievement of However,achievement of
annual performance annual performance
benchmarks shall impact benchmarks shall impact
eligibility for bonus only,and eligibility for bonus only,and
shall not constitute a basis for shall not constitute a basis for
termination for Cause. termination for Cause.
Separation Payment 20 weeks Separation Payment 20 weeks Separation Payment, 20 weeks Separation Payment
if Termination plus Medical and Dental for (the same severance provided
Without Cause Morales and dependents for to all other Charter officers),
one year plus Medical and Dental for City
Manager and dependents(if
CM elects to join plan).
Separation Payment None None None
if Termination for
Cause
Termination by City City Attorney may terminate If Manager terminates with 90 If Manager terminates with 90
Manager upon 90 days prior written days'notice: 12 weeks days'notice: 12 weeks
notice. No Separation Separation Payment,plus Separation Payment,plus
Payment due if City Attorney Medical and Dental for Morales Medical and Dental for Morales
elects to terminate. and dependents for one year and dependents for one year.
If Manager terminates on less If Manager terminates on less
than 90 days'notice,no than 90 days'notice,no
Separation Payment. Separation Payment.
Annual Annual Performance Mandatory annual review,with Mandatory annual review,with
EvaluationlGoals Evaluation(30 days after May agreed-upon goals and agreed-upon goals and
16th) performance measures,with performance measures,and
potential bonus up to 10%of potential bonus up to 10%of
base salary base salary. City Manager
Hudak proposes for goals to be
established separately following
Commission retreat/workshop
in next 3-4 months and
incorporated by amendment.
TOTAL $394,741.38• $394,824.60 $372,413.20'
COMPENSATION
PACKAGE: 'The City's contribution to the •The City's contribution to the 'The City's contribution to the
plan is actuarially determined plan is actuarially determined plan is actuarially determined
for the plan to maintain benefits for the plan to maintain for the plan to maintain benefits
for the entire plan each year. benefits for the entire plan for the entire plan each year.
each year.
Page 455 of 859
Commission Memorandum-Aline T. Hudak Employment Agreement
May 12,2021
Page 4
In addition, consistent with City Manager Jimmy Morales's contract, the proposed Employment
Agreement provides for a mandatory annual review of the City Manager's performance, and
establishes a framework for assigning specific goals and priority objectives to the City Manager.
To this end, the goals and objectives assigned to City Manager Morales, which were first
developed in 2018, with a minor amendment in March, 2019, serve as a useful starting point.
However, those goals and objectives need to be updated to reflect the current environment, as
many of the City's current priorities, including public safety or post-COVID recovery and other
initiatives, are simply not reflected in Jimmy Morales' 2018 performance objectives.
Accordingly, because the priority goals and objectives of the City Manager need to be updated
by the City Commission, in consultation with City Manager Hudak, the Agreement provides that
the goals shall be adopted as soon as possible in the next 3-4 months (ideally, following a
Commission workshop or retreat), and memorialized as an amendment to this Agreement. Until
such time as the City Commission and Alina Hudak jointly establish such agreed-upon goals and
priority objectives, Aline Hudak's immediate priorities shall focus upon (i)the continuation of the
City's COVID-19 efforts, including post-COVID economic recovery; (ii)the continuation of City's
ongoing public safety efforts, including during High Impact weekends such as Memorial Day
weekend; (iii) City's FY2022 budget process; (iv)the City Manager's staffing and organizational
plan, including filling of key vacancies; and (v)any such other priorities as the City Commission
may establish from time to time.
RP/ag
Page 456 of 859