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95-21574 RESO RESOLUTION NO. 95-21574 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CITY MANAGER JOSE GARCIA-PEDROSA, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, on April 19, 1995, the Mayor and City Commission appointed Jose Garcia- Pedrosa as City Manager (Manager) of the City of Miami Beach (City); and WHEREAS, it is the desire of the City to provide certain benefits and establish certain conditions of employment of the Manager; and WHEREAS, the Manager desires to accept the position pursuant to the terms and conditions set forth in the attached Conditions of Employment Agreement, as such will promote his continuous productivity and efficiency in the best interest of the City. NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the attached Agreement between the Cit }nd City / MA YOR Pedrosa, and authorize the Mayor and City Clerk to execut PASSED and ADOPTED this 3rd day of May, 1995 ATTEST: a:jd:jgp.res FORM APPROVED Legal Dept. By ::i"v>> Date ~ . I - II ~- iwVL ~~- ITY CLERK CONDITIONS OF EMPLOYMENT Made and entered into this 17th day of May, 1995, by and between the City of Miami Beach, State of Florida, a municipal corporation, (City) and Jose Garcia-Pedrosa (Manager), both of whom agree as follows. WITNESETH: WHEREAS, City desires to obtain the services of Jose Garcia-Pedrosa as City Manager of the City of Miami Beach; and WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; and WHEREAS, it is the desire of the City to (1) secure and retain the services of the Manager and to provide inducement for the Manager to remain in such employment, (2) to make possible full work productivity and provide future security, and (3) to provide ajust means for terminating the Manager's services at such time as the Manager may be unable fully to discharge his duties due to age, or disability or when the City or the Manager may otherwise desire to terminate employment; and WHEREAS, the Manager desires to accept the position under the above terms and conditions and such other terms and conditions as will promote his continuous productivity and efficiency in the best interest of the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties City hereby agrees for Jose Garcia-Pedrosa to serve as City Manager and Jose Garcia- Pedrosa hereby agrees to perform the functions and duties of City Manager as specified in the City Charter and the City Code of the City of Miami Beach, and to perform other legally permissible and proper duties and functions as the City Commission shall from time to time assign. Section 2. Termination A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the Manager at any time, subject only to the provisions set forth in Section 4, Paragraphs A and B of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with the City, subject only to the provisions set forth in Section 4, Paragraph C, of this Agreement. C. The Manager agrees to remain in the exclusive service of the City as long as this agreement remains in full force and effect, and neither to accept other employment nor to become employed by any other employer. The term "Employed" shall not be construed to include occasional teaching, writing, pro bono activities or consulting performed on time off, and such activities shall be limited as pursuant to Section 9. Section 3. Suspension The City may suspend the Manager with full pay and benefits at any time during the term of this Agreement, but only if (A) a majority of City Commissioners and the Manager agree; or (B) after a public hearing, a majority of City Commissioners vote to suspend the Manager for just cause provided, however, that the Manager shall have been given written notice setting forth any charges at least ten (10) days prior to such hearing by the City Commission member(s) bringing such charges. Section 4. Severance Pay A. In the event the Manager is terminated by the City prior to May 17, 1996 and during such time that the Manager is willing and able to perform his duties under this Agreement, then, in that event, City agrees to pay the Manager a lump sum cash payment equal to six (6) months aggregate salary. In the event the Manager is terminated by the City after May 17, 1996, and during such time that the Manager is willing and able to perform his duties under this Agreement, then, in that event, City agrees to pay the Manager a lump sum cash payment equal to three (3) months aggregate salary. However, notwithstanding the foregoing, that in the event the Manager is terminated because of just cause as reasonably determined by City, in accordance with the procedures set forth in Section 3 (B) above, in its judgment, then in that event, City shall have no obligation to pay the aggregate severance sum designated in this paragraph. THE ENFORCEABLE SEVERANCE PAY, WHEN APPLICABLE, SHALL CONSTITUTE AGREED, STIPULATED AND LIQUIDATED DAMAGES AND CONSTITUTE THE MAXIMUM AMOUNT OF FINANCIAL LIABILITY FOR WHICH THE CITY MAY BE LIABLE IN THE EVENT OF A TERMINATION AND/OR BREACH OF CONTRACT. THIS 2 PROVISION SHALL NOT LIMIT BENEFITS SPECIFICALL Y ENUMERATED IN OTHER PROVISIONS OF THIS CONTRACT. B. In the event the City at any time during the term of this Agreement reduces the salary or other financial benefits of the Manager in a greater percentage than an applicable across-the-board reduction for all employees of City, or in the event the City refuses, following written notice, to comply with any other provision benefiting the Manager herein, or the Manager resigns following a suggestion, whether formal or informal, by the City that he resign, then, in that event, the Manager may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision. C. In the event the Manager voluntarily resigns his position with the City then the Manager shall give the City two (2) months notice in advance, unless the parties otherwise agree and the Manager shall have no right to collect severance pay. Section 5. Disability If the Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, the City shall have the option to terminate this Agreement, subject to the severance pay requirements of three (3) months salary during the first year, six (6) months salary during the second year, nine (9) months salary during the third year and one (l) year salary in the forth year and ensuring years. The City at its option may buy a disability insurance policy to fulfill the requirements of this provision. Notwithstanding the foregoing, the Manager shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Section 6. Salary The City agrees to pay the Manager for services rendered pursuant hereto an annual salary ofGne Hundred Thirty-Two Thousand Five Hundred Dollars ($132,500.00), payable in installments at the same time as other employees of the City are paid. In addition, the City agrees to review the annual salary and/or other benefits of the Manager in such amounts and to such extent as the City may determine that it is desirable to do so on the basis of an annual salary review of the Manager made at the same time as similar consideration is given other employees generally. Section 7. Performance Evaluation A. The City shall review and evaluate the performance of the Manager at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with specific criteria developed jointly by the City and the Manager. Further, the 3 Mayor shall provide the Manager with a summary written statement of the findings of the City Commission and provide an adequate opportunity for the Manager to discuss his evaluation with the City Commission. B. Annually, the City Commission and the Manager shall define such goals and performance objectives which they determine necessary for the proper operation of the City, and in the attainment of the City Commission's policy objectives and shall further establish a relative priority among those various goals and objectives, the goals and objectives to be reduced to writing. They will generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the City Commission and the Manager mutually agree to abide by the provisions of applicable law. Section 8. Outside Activities Subject to the provisions of Section 11 below, the Manager may not spend more than five (5) hours per week in teaching or other non-City connected business without the prior approval of the City. Section 9. Employee Relocation Within twelve months after the Manager has begun his first day of employment, Manager is required to relocate to Miami Beach. Section 10. Automobile The Manager's duties require having the exclusive and unrestricted use at all times during employment of an automobile. The City shall be responsible for providing for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of the automobile. Section 11. Vacation and Sick Leave A) The Manager shall be entitled to accrued vacation, sick and other City permitted leave in the same manner as other general unclassified employees of City. B) The Manager shall also be granted one day per month of employment as allowed leave with pay, for public service activities not otherwise provided for herein. At the conclusion of each year of employment, the Manager shall be paid, on the basis of his then current rate of pay, for each such unused hour earned pursuant to this subparagraph (B). 4 Section 12. Health and Life Insurance A. The City agrees to put into effect for the Manager insurance policies for life, accident, dental, sickness, major medical and dependent's coverage group insurance covering the Manager and dependents as is provided to other employees of the City. B. City agrees to purchase term life insurance policies for the Manager. The City shall pay the premium on the amount equal to the annual salary and the Manager shall pay any premium on any balance of the policy. C. City agrees to provide hospitalization, surgical and comprehensive medical insurance for the Manager and dependents and to pay the premiums thereon equal to that which is provided all other employees of the City or, in the event no such plan exists, to provide same for the Manager. CA VEA T: In no event shall the benefits in this Section exceed the percentage of premium paid for on behalf of other employees by City (i.e., if other employees receive payments of only half of the premium from the City and pay the remaining half themselves, then, in that event, the same provisions shall be applicable to the Manager, it being the intent that this Section shall place the Manager on an identical footing with every other unclassified employee.) Section 13. Retirement A) The Manager will be part of the unclassified pension system. B) At the annual performance evaluation pursuant to Sections 6 & 7, above, the City may discuss and consider, at its discretion, based upon the performance of the Manager, appropriate increases in base salary and/or benefits including, but not limited to, awarding of deferred compensation in an amount not to exceed $7,500 annually. Section 14. Dues and Subscriptions City agrees to budget and to pay for the professional dues and subscriptions of the Manager necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for the Manager's continued professional participation, growth and advancement, and for the good of the City. Section 15. Professional Development A. The City hereby agrees to budget for and to pay the travel and subsistence expense of the Manager for professional and official travel, meetings and occasions adequate to continue the professional development of the Manager and to adequately pursue necessary official and other 5 functions for the City. B. The City also agrees to budget for and to pay for the travel and subsistence expenses of the Manager for those courses, institutes and seminars that are necessary for professional development and/or for the good ofthe Manager. Section 16. General Expenses The City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by the Manager and hereby agrees to reimburse or to pay said general expenses and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. There shall be an annual review of those expenses by the City's outside auditor. Section 17. Organization Membership The City recognizes the desirability of representation in and before local civic, social, and other organizations, and the Manager is authorized to become a member of such civic clubs or organizations, for which the City shall pay all job related expenses. No civic club or organization authorized hereunder may engage in discrimination as to race, sex, sexual preference, color, creed, national origin or disabilities. It is the continuing responsibility of the Manager before becoming a member of such civic club or organization to verify that there is no discrimination regarding any use, service, maintenance, membership or operation of the civic club or organization. MEMBERSHIP IN ANY COUNTRY CLUB IS SPECIFICALLY EXCLUDED FROM THIS SECTION AND THE CITY SHALL NOT PAY FOR ANY COUNTRY CLUB MEMBERSHIP, UNLESS AUTHORIZED BY A MAJORITY VOTE OF THE CITY COMMISSION AND UNLESS SAID MEMBERSHIP IS SPECIFICALLY JOB RELATED. Section 18. Indemnification The City shall defend, save harmless and indemnify the Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Manager's duties. If required, the City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. This provision includes the right to legal counsel provided for by the City. 6 Section 19. Bonding The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. Section 20. Other terms and Conditions of Employment A. The City Commission shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the City relating to vacation and sick leave, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to the Manager as they would to other employees of the City in addition to said benefits enumerated specifically for the benefit of the Manager except as herein provided. C. The Manager shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing payment therefor on termination of employment. Section 21. No Reduction of Benefits The City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the Manager, except to the degree of such a reduction across-the-board for all similarly situated unclassified employees of the City. Section 22. Computer/Equipment The City shall pay for all equipment, systems software, and portable communications equipment necessary for the Manager. This will include a computer system at his residence which is for the sole purpose of performing City business during non-office hours. Section 23. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) City: Mayor Seymour Gelber City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 7 Laurence Feingold City Attorney 1700 Convention Center Drive Miami Beach, FI 33139 (2) The Manager: Jose Garcia-Pedrosa 2901 S. Bayshore Drive Apt. 13-E Miami, Florida 33133 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 24. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and personal representatives ofthe Manager. C. This Agreement shall become effective commencing May 17, 1995. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be effected and shall remain in full force and effect. E. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. F. No alteration, modification or amendment of this Contract shall be effective unless contained in a writing, executed between the parties in a document of equal dignity with this Contract. G. The parties waive the privilege of venue and agree that any litigation or arbitration involving this Contract shall take place in the Eleventh Judicial Circuit in and for Dade County, 8 Florida, or if in Federal court, the court for the Southern District of Florida. IN WITNESS WHEREOF, the City of Miami Beach has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its Cit Clerk, and Jose Garcia- Pedrosa has signed and executed this Agreement, oth in duplicate, the (l and ye fi t above written. Attest: ~(,kJ Z~ ,~___ City Clerk FORM APPROVED Legal Dept. By Tev Date -:>- (- c; ~ 9