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HomeMy WebLinkAboutM-98-0061TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Jose Garcia- Pedrosa City Manager January 5, 1998 DATE: FILE SUBJECT: Discussion Item for 1/13/98 Commission Meeting REFERENCES: ENCLOSURES: As per directive at the Special Commission Meeting held on December 30, 1997, a discussion item has been scheduled for the January 13, 1998 Commission Meeting concerning my Benefits Package. 98- 61 1 01lo7l98 WED 16:20 FAX 3055391307 ZACK SPARBER Z002 LAW OFFICES Zack, Sparber, Kosnitzky, Spratt & Brooks PROFESSIONAL A530CIATION JENNIFER G. ALTMAN JOMN ARRASTIA, JR. MARC H. AUERBACH GARY S. BROOKS ORION G. CALLISON, III PATRICIA K. FLETCHER ALAN G. GEPFIN Ort&RA WEIS5 GOOOSTONE VALERIE J. GvRANOIN JOHN T. HOUCHIN L.OUISE T. JEROSLOW DOUGLAS KNISKERN MICHAEL KOSNIrZKY BERT4A CLAIRE LEE ROSERT A. MALLOW MITCHML W. MANDLER OEBORAH R. MAYO NANCY ELLEN McCARTHY MELVIN C. MORGENSTERN MICHELLE N. NIEMEYER KAREN J. ORLIN MICHAEL G. PARK PAaLO S. OUSSAOA H. STEPHEN RASH ROLAND SANCHE2-MEDINA, JR. JILL A. ROMAN HENRI 1. SPIEGEL WILLIAM J. SPRATT, JR. JAY A. STEINMAN MARC J. STERNMAUM THOMAS O. WELLS STEPHEN N.ZACK BYRON L. SPARBER [� OF COUNSEL January 7, I998 Personal gad Cora" endd Mr. Jose Garcia -Pedrosa City Manager, City of Miami City Manager's Office 444 S.W. 2d Avenue (loth Floor) Miami, Florida Re: mPlment Agreement Dear Jose: I am enclosing the following documents: ONE INTERNATIONAL PLACE 100 SOUTHEAST END STREET SUITE 2$00 MIAM1, FLORIDA 33131-2144 TELEPHONE (305) 539-8400 FACSIMILE (305) 539-1307 1. A completely clean set of. documents without marginal notations; Via Facsimile 2. A set of documents with marginal notations indicating the changes that were made since our discussion last night; and 3. A proposed alternate page 2 with the first paragraph beginning on the page containing a proposed addition which is contrary to what we discussed last night, but which may be not just appropriate, but acceptable to you in the circumstances, and an additional page 2 is also enclosed highlighting that paragraph for your reference, Please call me at your earliest convenience after you have reviewed these documents so that I can make whatever changes are appropriate, finalize it, and send it to you by fax and by courier. 98. 6 'i/07/98 4e35p 01/07/98 WED 16:21 FAX 3055391307 ZACR SPARBER a 003 Mr. Jose Garcia. -Pedrosa January 7, 1998 Page 2 Looking forward to the imminent completion of this MCM:rb Enclosures k:lmorge=%clicrnslgereia.ltr Mellin C. Esq. 0 Zack, Sparber, Kosnitzky, Spratt & Brooks ARORESSIONAL ASSOCIATION 01/07/98 WED 16:22 FAX 3055391307 ZACK SPARBER Z006 THIS EMPLOYMENT AGREEMENT (the "Agreement") is made as of this , day of January, 1998, by and between The City of Miami., a Plorida municipality (the "City"), and Jose Garcia -Pedrosa, an individual (the "Manager"); the Manager and the City being sometimes hereinafter being referred to individually as the "Party" and collectively as the "Parties." Preliminary Statements The Manager has been serving as the City Manager of the City of Miami Beach; and As the City Manager of the City of Miami Beach, Manager had substantial compensation package which providedhim substantial compensation, including deferred compensation, as well as provided him with substantial financial security; vow The City is desirous of employing Manager as its City Manager; and, to that end, is willing to offer Manager a compensation package which includes current and -deferred compensation, as well as financial security; and The Manager is willing to accept the financial package offered by the City, notwithstanding that the total of the current and deferred compensation, as well as the extent of the financial security, is less than that which he received from the City of Miami Beach, but only on the terms. and conditions set forth in this Agreement; and The City desires to confirm in writing the terms on which it will employ the Manager, and the Manager desires to memorialize such terms and conditions pursuant to the terms and conditions of this Agreement; and, as a consequence, be employed by the City. NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: [1 ] Recitals. The foregoing recitals are true and correct as of the date hereof and are incorporated herein by this reference. (2] .Mniovment: Duradog: Du es and Powers, The City hereby employs the Manager, and the Manager hereby accepts and agrees to his employment by the City, as the City Manager of the City. The Manager shall serve at the will of the City and not for a specified period of time. As such, there is no specific term of employment under this Agreement, whether "initial" or "renewal", or otherwise. The Manager shall have such duties, powers, and authority as are customary for the City Manager of the City and are appropriate and consistent for such office as are set forth in the City 9 8 r 61 'tlD7f�$ `>5n35p 01/07/98 PIED 16:22 FAX 3055391307 ZACK SPARBER [a 007 Charter. The Manager shall perform all such duties, services and responsibilities in accordance with the reasonable guidelines, policies and procedures as are established by the City after consultation with the Manager, subject at all times to the supervision of the City. [a] SAY. The Manager shall be paid an initial annual salary ["Salary"] of $96,000, payable in intervals in accordance with City policy and as set forth in the Statement of Executive Employee Benefits appended to this Agreement ["Statement"], the terms of which are incorporated herein by reference. The payment of this Salary shall be subject to all applicable withholding provisions. However, the Manager shall not be obligated to make a mandatory ten [10%] contribution towards a City of Miami Pension. [b] P_e f ormmance Review_ A&stments to 5alerv. The City shall make an annual review of the Manager's performance, and shall make such adjustments as it considers appropriate in the Manager's annual compensation, inclusive of his salary and other benefits, All adjustments to the Manager's Salary, as well as all adjustments to the components of his total compensation package, shall be reflected on an Addendum appended to this Agreement. [c] Health Care Hans. Health care coverage and benefits as set forth in the Statement shall be provided by the City to the Manager, his spouse, and his dependents [collectively, "Family"], without financial contribution by the Manager or any member of his Family. [d] Npn-Qadj&d D ferred__CoMMsadon Plan. The City shall made an annual contribution of Eight Thousand [$8,000.00] Dollars towards the establishment of a Non -Qualified Deferred Compensation Plan for Manager ["Deferred Compensation Plan"], such amount being payable in twelve [12] equal monthly installments, each in the amount of Six Hundred Sixty Six and sixty-six hundredths [$666.66] Dollars, payable monthly on the first day of each calendar month during Manager's employment: The first such payment being nude in the month of January, 1998, and each month thereafter during the employment of Manager. Each such monthly contribution shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. [e] Contribution to rrS'ecdon 401a1 Plan 7. The City shall make an annual contribution of Thirty Thousand [$30,000.00] Dollars towards the establishment of an account foi Manager [ "Account"] in its "Section 401[a] Plan". The entire amount of this annual contribution shall be made in the first two [2] weeks of each -calendar year of the Manager's employment hereunder, The first such payment, applicable to the month of January, 1998, shall be made within the month of January, 1998. Each annual contribution shall be considered earned in its 2 6 01/07/98 WED 16:23 FAX 3055391307 ZACK SPARBER 0 008 entirety on the first day of the first calendar month of each year of Manager's employment under this Agreement, including January, 1998. [f] Qdyenal L fgIhnm sce Policy, The City shall make an annual contribution of Fifteen Thousand [$15,000.00] Dollars towards the payment of premiums, including the initial premium, and the underwriting of a "Universal" life insurance policy of which the Manager, shall be the Insured ["Policy"]. The entire amount of this annual contributions, both in the year in which it is underwritten, and thereafter, shall be made in the first two (2) weeks of each calendar year of Manager's employment under this Agreement. The first such payment, applicable to the month of January, 1998, shall be made within the first two [2] weeks of the month of January, 1998. Each required annual contribution shall be considered earned in its entirety on the first day of the first calendar month of each year of Manager's employment under this Agreement, including January, 1998. Commencing with the inception of the Policy, Manager shall possess all incidents of ownership of the Policy unless he provides to the contrary. The ownership and beneficiary designation of this Policy shall be in the so -discretion of manager, exercisable from time to time consistent with the terms of the Policy. [g] EFV= . During the term of Manager's employment, Manager shall be entitled to an expense allowance in the amount of Eighteen Thousand [$18,000] Dollars per year, such amount being provided in the amount of Fifteen Hundred [$1500.00] Dollars per month. Each monthly amount shall be provided to Manager on the first day of each calendar month, Each monthly amount shall be considered accrued and owing in its entirety on the first day of each calendar month of Manager's employment under g Bement, including January, 1998. Such amount shall be "non -accountable" and Manager shall not be required to submit any documenta- tion with respect thereto. [h] Baca . n Days. During each twelve [12) months of his employment under this Agreement, the Manager shall be entitled to two hundred [200] paid vacation hours per year, such Paid vacation hours accruing to Manager at the rate of one -twelfth [1/12th] of such hours monthly [or sixteen and sixty/six hundredths (16.66] hours monthly.] Each such monthly accrual shall be considered earned in its entirety on the fast day of each calendar month of Manager's employment under this Agreement, including January, 1998. Such hours are redeemable for cash at the end of each calendar year of Manager's employment under this Agreement, or at such earlier time as Manager's employment shall be terminated. Otherwise, the provisions of the Statement shall be applicable. [i] Sid � Leave. During each month of Manager's employment under this Agreement, the Manager shall be entitled to two [2] sick leave days. Each such monthly accrual shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998_ Such hours are redeemable for cash at the end of each'calendar year of Manager's employment under this Agreement, or at such earlier time as am Manager's employment shall be terminated. Otherwise, the provisions of the Statement shall be applicable. 3 98- 61 7 '!lE37f�8 4:35p 01/07/98 WED 16:23 FAX. 3055391307 ZACK SPARBER R 009 a] Pro bono days. During each month of Manager's employment under this agreement, the Manager shall be entitled to one and one-half [1-1/21 pro bono days. Each such monthly accrual of pro bono hours shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998, Such pro bono hours are redeemable for cash at the end of each calender year of Manager's employment under this Agreement, or at such earlier time as Manager's employment shalt be terminated. These pro bono days shall be in addition to any other categories of days or hours which Manager may accrue or take, or redeem, whether as set forth in this Agreement or in the provisions of the Statement. [1t] Puid Pub& Holidays. As set forth in the Statement. [11 Use of_4TL_artmentf.�r Qy Budges . In the event that the City shall acquire, by donation, the right to occupy an apartment unit [ "Unit"], the Manager shall have the right to use such apartment as and to the extent that its use is appropr'�iate for the conduct of the City's business. If such right to occupy is acquired, the city shall pay all costs of maintenance and special assessments with respect to the Unit, and the Manager shall pay all other costs pertaining to the continued occupancy of the Unit on an ongoing basis; provided, however, that their respective financial responsibilities exist only to the extent that their respective costs are not otherwise paid or provided for. [m] Automobile. The Manager shall, at his sole option, either: [i] be furnished an automobile appropriate to the Office of City Manager ["Automobile"], or [ii] be given an automobile allowance of Ten Thousand [$10,000] Dollars per year ["Allowance."]. If Manager elects to receive the use of an Automobile, such Automobile shall be available to Manager on a 24-hour basis, and the City shall pay all costs pertaining to its continued use by the Manager, including maintenance, gasoline, service, replacements [both major and minor] insurance, etc.; provided, however, that the City may self -unsure the automobile and its use on a completely comprehensive, all risks basis. If Manager chooses to receive the Allowance, such Allowance shall be in the amount of Ten Thousand [$10,000] Dollars per year, such amount being paid in the amount of Eight Hundred Thirty -Three and 331100 [$833.33] Dollars per month. Each monthly amount shall be paid in each calendar month on the first day of each calendar month. Each monthly amount shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. Such amount shall be "non - accountable" and Manager shall not be required to submit any documentation with respect thereto. [n] Electronic Communisations. Manager shall be furnished all appropriate electronic equipment which is reasonably helpful to enable him to be in communication with his office, employees of and consultants to the City, and persons doing business with the City ["Equip- ment"]. This Equipment shall include, initially, a portable cellular phone, a paging system, and 4 8 9 Q - 61 110i}98-4--35p 01/07/98 WED 16:24 FAX 3055391307 ZACK SPARBER 0 010 a home computer with a modem. All costs of acquisition, use, servicing and replacement of this Equipment shall be borne by the City. Such equipment shall be updated periodically. [o] DisabWa hwome Insurance. Manager shall be provided with a disability income insurance policy pursuant to the following specifications; Insurance Company Grade A or higher Waiting (,Elimination) One Hundred Twenty [120) days Period Monthly Coverage 75 % of the total of the salary and the value of all other benefits provided to Mnager in the first calen- dar year of his employment, with the value of such benefits being determined [except with respect to Manager's salary and benefits for the 1998 calendar year] by the mutual agreement of the parties, inclu- sive of the cash value of all forms of days, or hours, of benefits converted into cash in the prior calendar year. With respect to the 1998 calendar year, and utilizing assumptions which the parties consider reasonable, the agreed total value of Manager's 1998 salary and total benefits package shall, for purposes of this computation, be presumed to be One Hundred Fifty Thousand [$150,000] Dollars. The Cost of the premiums for such policy shall be borne in the manner most favorable to Manager consistent with Manager receiving the benefits under the policy free of federal income tax. Benefits Payable Through Age 65 Owner and Beneficiary Manager, or as he otherwise determines. [o] Oder Benef a. Effective at the inception of this Agreement, and continuing thereafter until the termination of this Agreement, and continuing thereafter as and to the extent provided in this Agreement, the Manager shall be entitled to receive such other benefits, and to participate in such benefit plans, including life, health and disability insurance, disability and disability income insurance, and other insurance policies, 401(k) benefit plans, "leave" plans, etc. as are generally provided by the City to its most senior executives and/or as set forward in the 1-1 9 8 - 61 ,roe ;4:35p Z 011 01/07/98 WED 16:24 FAI 3055391307 ZAGS SPARBER Statement. Such benefits provided to the Manager shall, in each instance, be the most advantageous offered by the City to its Senior Managers. [p] Inco&Wmdon of the Rxecid ve EwRftwat Aencft .SAWMent 4Y & re ce• Intg&p ftdYon. Except as expressly provided herein to the contrary, the provisions of the Executive Employee Benefits Statement, which is incorporated herein by reference, and as it shall be amended from time to time, shall be applicable to the Manager. In the event of any inconsistency between the provisions of the Statement and the provisions of this Agreement, the provisions of this Agreement shall prevail. [4] Continuation, TeaWnafiom. Death and Disability. _.10 [a] ninth or IbfmhdlaM- General. In the event that, at any time during the term of this Agreement, the Manager shall die or suffer any disability (as such term is hereinafter defined), then, in any such event, his employment by the City pursuant to this Agreement shall automati- cally terminate on the date of his death or the day that a determination of Disability is made on or after One -Hundred Twenty [120] days from the inception of his Disability as determined below, as the case may be. 450 [b] Death. From and after the automatic termination of the employment of the Manager due to his death, the Manager's Estate shall be entitled to receive such portion of the salary to which the Manager otherwise would have been entitled under Section hereof, as well as all other benefits provided hereunder, whether specifically in this Agreement, or in the Statement incorporated herein by reference, to the end of the calendar month in which his death occurred. [c] Dom. From and after the inception of his Disability, the Manager shall be entitled to participate in all benefits provided by the City to the Manager on the date of such inception and to continue to receive his salary for a period of one -hundred twenty (120) days following the inception of such Disability, as well as be entitled to receive all other benefits provided hereunder, whether specifically in this Agreement, or in the Statement incorporated herein by reference, during such same period of time, [d] ftfCnition of Dis Y&. For purposes of this Agreement, the term "Disability" of the Manager shall mean the inability of the Manager to perform his regular duties hereunder for one hundred twenty (120) consecutive calendar days as a result of incapacity due to mental or physical illness which is determined to be total and permanent by a physician selected by the City or its insurers and acceptable to the Manager [or the Manager's legal representative] (such agreement as to acceptability not to be withheld unreasonably). A determination of Disability shall be in writing, a copy of which shall be provided to the Manager and the Manager's legal representative. The date of such written correspondence made on or after such one hundred twentieth [120th] consecutive calendar day of disability shall be the date of Disability hereunder. 6 1/G?/99 <4:35p' 01/07/98 WED 16:25 FAX. 3055391307 ZACK SPARBER Q 012 Notwithstanding the foregoing, the definition, and date, of disability defined in an applicable disability insurance policy hereafter acquired by the City on the Manager shall be controlling for purposes of this provision, provided that Manager shall not be considered to have a Disability until one hundred twenty [120] days have elapsed from the inception of his disability. In the event that the employment of Manager is terminated as a result of his Disability, then notwithstanding anything contained herein to the contrary, the Manager's Salary and all other benefits provided herein, inclusive of benefits provided under the Executive Employee Benefits Statement, shall be continued for an additional one hundred twenty [120] days from the date of the writing described in the foregoing paragraph evidencing his Disability as defined herein. i (a] Death or Disability. In the event of the termination of Manager's employment as a result of his death or disability as defined and provided in &ctn 3 above, the rights and obligations of the City and the Manager shall be as determined in such Section 3 [b] Te w lion by the Ci&, a . The City shall have the right to terminate the employment of the Manager pursuant to this Agreement for "Cause". For the purposes of this provision, a termination of the Manager by the City for Cause shall mean only a termination due to the Manager's actual malfeasance in office_ In the event the City shall terminate the employment of the Manager hereunder for Cause, then the City shall have no further obligation to provide the Manager with any compensation hereunder from and after the date set by the City for such termination, and may, in addition, exercise any other rights it may have at law or in equity. [c] Termirradw by the Croy Absent a�f e• Teirmjw n bye M Qr Withnut use; F'omd R. esirnfi ion. The City shall have the right to terminate the employment of the Manager pursuant to this Agreement other than for "Cause". For the purposes of this provision, termination of the Manager by the City other than for "Cause" shall mean a termination by the City other than due to Manager's actual malfeasance in office. The Manager shall have the right to terminate his employment by the City for any reason_ In the event that the City shall terminate this Agreement other than for "Cause" as defined herein, or In the event the Manager shall terminate his employment by the City, by reason of his Forced Resignation as defined herein, then in either instance, the Manager shall be entitled to continue to participate in all benefits [including Salary] provided by the City to the Manager on the date of such termination and to continue to receive his salary, and all other benefits hereunder, for an additional period of three hundred sixty-five [3651 days from the date of such termination. 7 9 8 6 1t07/98 1'4:35p oi/o7/98 WED 16:25 FAI 3055391307 ZACK SPARBER 0 013 In the event the Manager shall terminate his employment by the City for a reason other then his Forced Resignation as defined herein, then the Manager shall be entitled to ;receive such portion of the Salary to which the Manager otherwise would have been entitled under Section 3 hereof, as well as all other benefits provided hereunder, whether specifically in this Agreement, or in the Statement incorporated herein by reference, to the end of the month in which his [unforced] resignation occurred. For purposes of this Agreement, the term `Forced Resignation' shall mean the Manager's resignation resulting from the pressure exerted by officials and/or employees of the City to remove himself from office for reasons other than for actual mualfeasance in office. (6] Miscellaneous. raj AMement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, understandings, agreements, arrangements and understandings, both oral and written, between the parties hereto with respect to such subject matter. [b] Amendment_ This Agreement may not be amended or modified in any respect, except by the mutual written agreement of the parties hereto. [c] Waivers and E medie . The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation. [d] Descriptive Heading,. Descriptive headings contained herein are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. [e] Np&es. All notices, consents, requests, instructions, approvals and other communications provided for herein and all legal process in regard hereto shall be in writing and shall be deemed to have been duly given, as follows: (i) on the date delivered if by personal delivery; (U) on the date telecommunicated if l y telegraph; (iii) on the date of transmission with confirmed answer back if by telex, telefax or other telegraphic method; and (iv) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the cafe may be; as follows; If to the Manager: Jose Garcia -Pedrosa 5025 Collins Avenue, Apt. 905 Miami Beach, Florida 33140 12 �o�r9s 534 p 01/07/98 WED 16:26 FAX 3055391307 ZACR SPARBER 0 014 with a copy to: Mr. Melvin C. Morgenstern Attorney at Law Zack, Sparber, Kosnitrky, Spratt & Brooks, P.A. 100 S.B. 2nd Street, Suite 2800 Miami, Florida 33131 (305) 539-9400 (305) 536-6267 [direct] 4(= (305) 539-1307 [fax] 1 If to the City City of Miami City Manager's Office 444 S.W. 2d Avenue (loth Floor) Miami, Florida 33131 (305) 416-1025 with a copy to: A. Quinn Jones, III, Esq. City Attorney 444 S.W. 2d Avenue (9th Floor) Miami, Florida 33131 or to such other address as any party hereto may from time to time designate in writing delivered in a like manner. [f] Good Faith. Each party hereto agrees to act in good faith with respect to the other party or parties in exercising its rights and discharging its obligations under this Agreement. Each party further agrees to use its best efforts to ensure that the purposes of this Agreement are realized and to take all steps as are reasonable in order to implement the operational provisions of this Agreement. Each party agrees to execute, deliver and file any document or instrument necessary or advisable to realize the purposes of this Agreement. (g] A99Lne s' Fees. If any legal action is brought for the enforcement of any of the provisions of this Agreement, the prevailing party shall be entitled to recover upon final judgment on the merits reasonable attorneys' fees (including attorneys' fees for any appeal) incurred in bringing such action. [h] Gaverning. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as to all matters, including, but not limited to, matters of validity, construction and performance_ Miami -bade County in the State of Florida shall be the sole and exclusive venue for any litigation between the parties that may be brought or arise out of or in conjunction with or by reason of this Agreement. 9 9 8 _ 61 1!�7f98 €4:35 01/07/98 WED 16:26 FAI 3055391307 ZACK SPARBER 0 015 [i] B ndirag,Mct; Assigrent. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the City and Employee, and their respective personal or legal representatives, heirs, successors and permitted assigns. This Agreement is not assignable by Employee. IN WITNESS WHEREOF, the parties hereto have placed their hands as of the day and year first above written. k.\morgensNciienua pedroma pedrosa.1 City of Miami By [print name and title] Manager Jose Garcia -Pedrosa 10 14 k " 6 1107f98 s4:35p;; 01/07/98 WED 16:26 FAX.3055391307 ZACK SPARBER IM 016 EXHIBIT A STATEMENT OF CITY OF MIAMI EXECUTIVE EUTLOYMENT BENEFITS [ATTACHED] 11 98- 61 15 1107198 4.35p O1/07/98 WED 16:27 FAX 3055391307 ZACK SPARBER [a 017 EXMIT ac B» P APPLICABLE] CITY MANAGER JOB DESCRIPTION 12 16 9 R r 61 11a7198 4 350 ZACR SPARBER �joi8 01/07/98 WED ^16; 2,?�FA�0L3� 15r9130ax--xo_orrrrtsl Dec `y( 9: 5 r.11/19 i : EXEC 1TIVE XFLUYEX BENEFITS 1_ HEALTH CARE PLANS - Employees have a choice of medical plans: An : indemnity/network plan through CIGNA Insurance with no deduati le,* and one HMO Plan through CIGNA Insu'r wace. Enrollment is optional but waiver forras i tust be completed if decline-d. In addition. emp ayeas receive vician benefits with no deductible and dental benefits with no calendar year limit, GROUP LIFT; INSURANCE - i A) ACCIDENTAL DEATH AND - i 13ISMEMBURMEN7.' lNSURANCE *With deductible January The City pays 100% of premium. Coverage is effeo The City pays 100% of the of the life insurance is bay at 2 X annual salary n $1,000.00. Employees receive 24-hour of coverage is the same as 2 X annual salary. For specific information, please contact the Office of Gioup Benefits at 41&1380: 8. PENSION PLAN Family or Single on date of biro. mium- The amount on employee salary dad to the lowest e. The amount Life Insurance, CITYOff' MI.AMI - 10% of employee's salar WM be -deducted biweekly. Enrollment is re ed. Eligibility: Employees mus be working 40 hours per week and filling a permswntly budget position. For additional information for Fire, please contact the Pension Office at 579-637I. All other executives, please contact the Pension Office at 579.6372_ 4. PAID (PL SUC) HOLIDAYS - EmpIoyees receive 11 days per year. (See Article 44 of the American Feder Liou of State. County and Municipal Employees labor agreement for listing of holidays.) 98— 61 17 ilE37f98 4:35p ZACK SPARBER 01/07l8$ AWED 1"IhuthXLQ-I- 5f53913I-ax:305-673-?782 Dec '97 9:46 0 019 F'.12/19 EF:3 i. VACATION �5. PERSONAL DAYS (Earned Personal Leave) Executive Eligibility: Employees the day before and the order to he paid for the hi Benefits (COMM) be in "gay" status alter a holiday in Employees accrue vacation hours in accordance with the amount of hours designated to the occupation. In order to be credited vacation time for the First month of empla meat, new employees must commence work prio to the 16th of the month. Vacation time accumulates year previous to the year it may be used. This accrual of each calendar year. Eml "cry over" 200 hours from they have utilized the vacation hours during the request payment up to 2 vacation each year. (See details.) Currently no payment of Eligibility: Employees credited vacation time e following their appoi employee has comple continuous service with vacation time is subject without gay status. Employees accrue 18 he leave time per year whi the calendar year, or personal leave time is cre year. during the calendar which hours accrued I credited in January foyees are allowed to rear -to -year provided equired amount of mr. Employees may 0 hours of credited .PM-2-87 for further e eligible for use of ing the payroll year lent provided the six (6) months Le City. Accrual of penalty due_ to leave � of.earned personal must be used during c forfeited. Earned ad in January of oach Eligibility: Employees + eligible for use of earned personal leave ti a six (6) months after their appointment with the City. Barnett personal leave time must a taken ill inminents of not less than 1 hour. }3. SICK TIME Upon completion of nizte y (90) uninterrupEed working days, employees accrue 32 hours sick leave. Thereafter, sick leave is accrued at the rate of 8 hours per month 6 � Tra7f�s 4:35P; 0020 01/07/98 WED 16:28 FAX 3055391307 ZACH SPARSER CITY MRNAGERS OFF' Fax:305-673.7782 Dec 97 9,qd P.13j19 Executive Employees Benefits (coned) Elig,�`bility: Employees mu t be in "pay" status ac least 15 working days in the month to Rcerue ' their sick leave. 9. DEl,NI INTHE FAMILY - Employees are allowed up to 40 hours per death for specified relationa, ee Article 42 0£ the American .Federation of Staito, County and Municipal Employees 1 bar agreement for details.) 10. FAMILY LEAVE AND LEAVE - Employees am allowed lei ve of absence without WITHOUT PAY p4y for up to 90 days clu ng a 12 month period for family leave reasons and any "other goad reason" and 6 months oava of absenco for educational purposes_ (tee Article 40 of the A.F.S.C.M.E. labor agreemi ut for rpacific dotails). Eligibility: Employees ast be employed 90 calendar days. Employee must be working 40 hours per week' and Ellbig a permanently budgetad position. ALL BENEFITS DESCRIBED HEREIN MAY B CHANGED, MODIFIED OR DELETED AT THE DISCRETION OF THE CITY MANAGER. 3.219? 19 1/Q7f98 4:35p>: 01/07/98 PIED 16:28 FAX 3055391307 zACK sPARBER Z021 1' 1 111 RM 1 THIS EMPLOYMENT AGREEMENT (the "Agreement") is made as of this day of January, 1998, by and between The City of Miami., a Florida municipality (the "City"), and Jose Garcia-Peduosa, an individual (tire "Manager"); the Manager and the City being sometimes hereinafter being referred to individually as the "Party" and collectively as the "Parties." Preliminary Statements The Manager has been serving as the City Manager of the City of Miami Beach; and As the City Manager of the City of Miami Beach, Manager had a substantial compensation package which provided him substantial compensation, including deferred compensation, as well as provided him with substantial financial security; and The City is desirous of employing Manager as its City Manager; and, to that end, is willing to offer Manager a compensation package which includes current and deferred compensation, as well as financial security; and The Manager is willing to accept the financial package offered by the City, notwithstanding that the total of the current and deferred compensation, as well as the extent of the financial security, is less than that which he received from the City of Miami Beach, but only on the terms and conditions set forth in this Agreement; and The City desires to confirm in writing the terms on which it will employ the Manager, and the Manager desires to memorialize such terms and conditions pursuant to the terms and conditions of this Agreement; and, as a consequence, be employed by the City. .NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: a [1) Recitals. The foregoing recitals are true and correct as of the date hereof and are incorporated herein by this reference. (21 &wh. ent; uraiion; Duties and Powers. The City hereby employs the Manager, and the Manager hereby accepts and agrees to his employment by the City, as the City Manager of the City. The Manager shall serve at the will of the City and not for a specified period of time. As such, there is no specific term of employment under this Agreement, whether "initial" or "renewal", or otherwise. The Manager shall have such duties, powers, and authority as are customary for the City Manager of the City and are appropriate and consistent for such office as are set forth in the City 20 "" 6 1 1f.Q7/98 4.35p 01/07/98 WED 16:28 FAX 3055391307 ZACK SPARBER Q 022 Chatter. The Manager shall perform all such duties, services and responsibilities in accordance with the reasonable guidelines, policies and procedures as are established by the City after consultation with the Manager, subject at all times to the supervision of the City. ru1. 7�Jt1i r [a] . The Manager shall be paid an initial annual salary ["Salary"] of $96,OW, payable in intervals in accordance with City policy and as set forth in the Statement of Executive Employee Benefits appended to this Agreement ["Statement"], the terms of which are incorporated herein by reference. The payment of this Salary shall be subject to all applicable withholding provisions. However, the Manager shall not be obligated to make a mandatory ten [10 %] contribution towards a City of Miami Pension. [b] PedM ce Review.,iA ' tbn ats to Ste. The City shall make an annual review of the Manager's performance, and shall make such adjustments as it considers appropriate in the Manager's annual compensation, inclusive of his salary and other benefits. All adjustments to the Manager's Salary, as well as all adjustments to the components of his total compensation package, shall be reflected on an Addendum appended to this Agreement. [c] Rwth Gm Plaits. Health care coverage and benefits as set forth in the Statement shall be provided by the City to the Manager, his spouse, and his dependents [collectively, "Family"], without financial contributions by the Manager or any member of his Family, [d] Nor-,Qw& e� d &&nId Compensation Plan. The City shall made an annual contribution of Eight Thousand [$8,000.00] Dollars towards the establishment of a Non -Qualified Deferred Compensation flan for. Manager ["Deferred Compensation Plan"], such amount being payable in twelve [12] equal monthly installments, each in the amount of Six Hundred Sixty Six and sixty-six hundredths [$666.66] Dollars, payable monthly on the first day of each calendar month during Manager's employment: The first such payment being made in the month of January, 1998, and each month thereafter during the employment of Manager. Each such monthly contribution shall be considered earned in its entirety on the first day of each calendar Tonth of Manager's employment under this Agreement, including January, 1998. [e] Contribution to 'Wgcdon 401fa1Plan". The City shall make an annual contribution of Thirty Thousand [$30,000.00] Dollars towards the establishment 6f an account for Manager [ "Account"] in its "Section 401[a] Plan". The entire amount of this annual contribution shall be made in the first two [2] weeks of each calendar year of the Manager's employment hereunder. The first such payment, applicable to the month of January, 1998, shall be made within the month of January, 1998, Each annual contribution shall be considered earned in its Pa 98- 61 21 r© f" 4� 01/07/98 WED 16:29 FAX. 3055391307 ZACK SPARBER Q 023 entirety on the first day of the first calendar month of each year of Manager's employment under this Agreement, including January, 1998. [f] 1'niv rs r Ike InMrrznce oli . The City shall make an annual contribution of Fifteen Thousand [$15,000.00] Dollars towards the payment of premiums, including the initial premium, and the underwriting of a "Universal" life insurance policy of which the Manager shall be the Insured ["Policy"]. The entire amount of this annual contributions, both in the year in which it is underwritten, and thereafter, shall be made in the first two [2] weeks of each calendar year of Manager's employment under this Agreement. The first such payment, applicable to the month of January, 1998, shall be made within the ;first two [2] weeks of the month of January, 1998. Each required annual contribution shall be considered earned in its entirety on the first day of the first calendar month of each year of Manager's employment under this Agreement, including January, 1998. Commencing with the inception of the Policy, Manager shall possess all incidents of ownership of the Policy unless he provides to the contrary. The ownership and beneficiary designation of this Policy shall be in the sole discretion of Manager, exercisable from time to time consistent with the terms of the Policy. i [g] E&pensg . During the terra of Manager's employment, Manager shall be entitled to an expense allowance in the amount of Eighteen Thousand [$18,000] Dollars per year, such amount being provided in the amount of Fifteen Hundred [$1500.00] Dollars per month. Each monthly amount shall be- provided to Manager on the first day of each calendar month. Each monthly amount shall be considered accrued and owing in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. Such amount shall be "non -accountable" and Manager shall not be required to submit any documenta- tion with respect thereto. [h] Vacation &U. During each twelve [12] months of his employment under this Agreement, the Manager shall be entitled to two hundred [200] paid vacation hours per year, such paid vacation hours accruing to Manager at the rate of once -twelfth [1/12th) of such hours monthly for sixteen and sixty/six hundredths [16.661 hours monthly.] Each such monthly accrual shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. Such hours are redeemable for cash at the end of each calendar year of Manager's employment under this Agreement, or at. such earlier time as Manager's employment shall be terminated. Otherwise, the provisions of the Statement shall be applicable. [i] Seek Leave. During each month of Manager's employment under this Agreement, the Manager shall be entitled to two [2) sick leave days. Each such monthly accrual shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998- Such hours are redeemable for cash at the end of each calendar year of Manager's employment under this Agreement, or at such earlier time as Manager's employment shall be terminated. Otherwise, the provisions of the Statement shall be applicable. 3 22 "" 1IQ7I98. ;4:35p 01/07/98 DYED 16:30 FAX 3055391307 ZACK SPARBER R 024 01 Probono ays. During each month of Manager's employment under this agreement, the Manager shall be entitled to one and one-half [1-1/2] pro bono days. Each such monthly accrual of pro bono hours shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. Such pro bono hours are redeemable for cash at the end of each calender year of Manager's employment under this Agreement, or at such earlier time as Manager's employment shall be terminated. These pro bono days shall be in addition to any other categories of days or hours which Manager may accrue or take, or redeem, whether as set forth in this Agreement or in the provisions of the Statement. [k] _PWd Public Anjidays. As set forth in the Statement. a] Use gf Apariment for CNBasiness. In the event that the City shall acquire, by donation, the right to occupy an apartment unit [ "Unit"], the Manager shall have the right to use such apartment as and to the extent that its use is appropriate for the conduct of the City's business. If such right to occupy is acquired, the city shall pay all costs of maintenance and special assessments with respect to the Unit, and the Manager shall pay all other costs pertaining to the continued occupancy of the Unit on an ongoing basis; provided, .however, that their respective financial responsibilities exist only to the extent that their respective costs are not otherwise paid or provided for. [m] Autnrnobile. The Manager shall, at his sole option, either: [i] be furnished an automobile appropriate to the Office of City Manager ["Automobile"], or [ii] be given an automobile allowance of Ten Thousand [$10,000] Dollars per year ["Allowance."]. If Manager elects to receive the use of an Automobile, such Automobile shall be available to Manager on a 24-hour basis, and the City shall pay all costs pertaining to its continued use by the Manager, including maintenance, gasoline, service, replacements [both major and minor] insurance, etc.; provided, however, that the City may self -insure the automobile and its use on a completely comprehensive, all risks basis. If Manager chooses to receive the Allowance, such Allowance shall,be in the amount of Ten Thousand [$10,000] Dollars per year, such amount being paid in the amount of Eight Hundred Thirty Three and 33/100 [$833.33] Dollars per month. Each monthly amount shall be paid in each calendar month on the first day of each calendar month. Each monthly amount shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. Such amount shall be "non - accountable" and Manager shall not be required to submit any documentation with respect thereto. W MmAnic communka omc. Manager shall be furnished all appropriate electronic equipment which is reasonably helpful to enable him to be in communication with his office, employees of and consultants to the City, and persons doing business with the City ["Equip- ment"]. This Equipment shall include, initially, a portable cellular phone, a paging system, and 4 �7 '" 61 1/p7t98 23:35{s 01/07/98 WED 16:30 FAX. 3055391307 ZACK SPARBER 0 025 a home computer with a modem. All costs of acquisition, use, servicing and replacement of this Equipment shall be borne by the City. Such equipment shall be updated periodically. [o] Ambft Income LtUU nce. Manager shall be provided with a disability income insurance policy pursuant to the following specifications; Insurance Company Grade A or higher Waiting (Elimination) One Hundred Twenty [120] days Period Monthly Coverage 75 % of the total of the salary and the value of all other benefits provided to Mnager in the first calen- dar year of his employment, with the value of such benefits being determined [except with respect to Manager's salary and benefits for [he 1998 calendar year] by the mutual agreement of the parties, inclu- sive of the cash value of all forms of days, or hours, of benefits converted into cash in the prior calendar Year. With respect to the 1998 calendar year, and utilizing assumptions which the parties consider reasonable, the agreed total value of Manager's 1998 salary and total benefits package shall, for purposes of this computation, be presumed to be One Hundred Fifty Thousand [$150,000] Dollars. The Cost of the premiums for such policy shall be borne in the manner most favorable to Manager consistent with Manager receiving the benefits under the policy free of federal income tax. F Benefits Payable Through Age 65 Owner and Beneficiary Manager, or as he otherwise determines- [o] O er Bgnefits. Effective at the inception of this Agreement, and continuing thereafter until the termination of this Agreement, and continuing thereafter as and to the extent provided in this Agreement, the Manager shall be entitled to receive such other benefits, and to participate in such benefit plans, including life, health and disability insurance, disability and disability income insurance, and other insurance policies, 401(k) benefit plans, "leave" plans, etc. as are generally provided by the City to its most senior executives and/or as set forward in the 5 98— 6 24 1l07t98 '4:35p 01/07/98 WED 16:30 FAX 3055391307 ZACK SPARSER 0026 Statement. Such benefits provided to the Manager skull, in each instance, be the most advantageous offered by the City to its Senior Managers. [p] lafOMM60 Qf the Kuca&f ErrtnlQyment RetWftts Statement bipcf r n . &ternretation. Except as expressly provided herein to the contrary, the provisions of the Executive Employee Benefits Statement, which is incorporated herein by reference, and as it shall be amended from time to time, shall be applicable to the Manager. In the event of any inconsistency between the provisions of the Statement and the provisions of this Agreement, the provisions of this Agreement shall prevail. [4] CContinu2tiofl Termination Death and Disahili [a] Dcth or Di a iti r,,' Gen ral• In the event that, at any time during the term of this Agreement, the Manager shall die or suffer any disability (as such term is hereinafter defined), then, in any such event, his employment by the City pursuant to this Agreement shall automati- cally terminate on the date of has death or the day that a determination of Disability is made on or after One -Hundred Twenty [120] days from the inception of his Disability as determined below, as the case may be. [b] Death. From and after the automatic termination of the employment of the Manager due to his death, the Manager's Estate shall be entitled to receive such portion of the salary to which the Manager otherwise would have been entitled under SggfiQU hereof, as well as all other benefits provided hereunder, whether specifically in this Agreement, or in, the Statement incorporated herein by .reference, to the end of the calendar month in which his death occurred. [c] Di akfiU. From and after the inception of his Disability, the Manager shall be entitled to participate in all benefits provided by the City to the Manager on the date of . such inception and to continue to receive his salary for a period of one -hundred twenty (120) days following the inception of such Disability, as well as be entitled to receive all other benefits provided hereunder, whether specifically in this Agreement, or in the Statement incorporated herein by reference, during such same period of time. % [d] Defin• . n of inabU&. For purposes of this Agreement, the term "Disability" of the Manager shall mean the inability of the Manager to perform his regular duties hereunder for one hundred twenty (120) consecutive calendar days as a result of incapacity due to mental or physical illness which is detcrmined to be tout and permanent by a physician selected by the City or its insurers and acceptable to the Manager [or the Manager's legal representative] (such agreement as to acceptability not to be withheld unreasonably). A determination of Disability shall be in writing, a copy of which shall be provided to the Manager and the Manager's legal representative. The date of such written correspondence made on or after such one hundred twentieth [120th] consecutive calendar day of disability shall be the date of Disability hereunder. 0 9/U7f9825 9 8 - 6 1 35p 01/07/98 WED 16:31 FAX. 3055391307 ZACK SPARBER Q 027 Notwithstanding the foregoing, the definition, and date, of disability defined in an applicable disability insurance policy hereafter acquired by the City on the Manager shall be controlling for purposes of this provision; provided that Manager shall not be considered to have a Disability until one hundred twenty [I20] days have elapsed from the inception of his disability. In the event that the employment of Manager is terminated as a result of his Disability, then notwithstanding anything contained herein to the contrary, the Manager's Salary and all other benefits provided herein, inclusive of benefits provided under the Executive Employee Benefits Statement, shall be continued for an additional one hundred twenty [120] days from the date of the writing described in the foregoing paragraph evidencing his Disability as defined herein- [5] Termination: "'Vrrith Cause"- "Without Cause". [a] Death or Disability. In the event of the termination of Manager's employment as a result of his death or disability as defined and provided in Section above, the rights and obligations of the City and the Manager shall be as determined in such Section 3. [b] Termination b the QU f_or use. The City shall have the tight to terminate the employment of the Manager pursuant to this Agreement for "Cause". For the purposes of this provision, a termination of the Manager by the City for Cause shall mean only a termination due to the Manager's actual malfeasance in office. In the event the City shall terminate the employment of the Manager hereunder for Cause, then the City shall have no further obligation to provide the Manager with any compensation hereunder from and after the date set by the City for such termination, and may, in addition, exercise any other rights it may have at law or in equity. [C] Tgrminatton by the 12b Absent Cause; &Minatiin by the Mina W Withaut Cause; Forced RPEjgnq&. The City shall have the right to terminate the employment of the Manager pursuant to this Agreement other than for "Cause". For the purposes of this provision, termination of the Manager by the City other than for "Cause" shall mean a termination by the City other than due to Manager's actual malfeasance in office. The Manager shall have the right to terminate his employment by the City for any reason. a In the event that the City shall terminate this Agreement other than for "Cause" as defined herein, or In the event the Manager shall terminate his employment by the City, by reason of his Forced Resignation as defined herein, then in either instance, the Manager shall be entitled to continue to participate in all benefits [including Salary] provided by the City to the Manager on the date of such termination and to continue to receive his salary, and all other benefits hereunder, for an additional period of three hundred sixty-five [365j days from the date of such termination. 7 26 61 1l.07I98 4'e35p 01/07/98 WED 16:32 FAX 3055391307 ZACK SPARBER 0028 In the event the Manager. shall terminate his employment by the City for a reason other. then his Forced Resignation as defined herein, then the Manager shall be entitled to receive sudh portion of the Salary to which the Manager otherwise would have been entitled underection 3 hereof, as well as all other benefits provided hereunder, whether specifically in this Agreement, or in the Statement incorporated herein by reference, to the end of the month in which his [unforced) resignation occurred. For purposes of this Agreement, the term `Forced Resignation' shall mean the Manager's resignation resulting from the pressure exerted by officials and/or employees of the City to remove himself from office for reasons other than for actual malfeasance in office- [6] Mac lei land vs. [a] Fn jgAgr CMe►at. This Agreeement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, understandings, agreements, arrangements and understandings, both oral and written, between the parties hereto with respect to such subject matter. [b] Amendment. This Agreement may not be amended or modified in any respect, except by the mutual written agreement of the parties hereto. [c] Waivers -and R edies. The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation. [d] Descriptive Heodines. Descriptive headings contained herein are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement_ [e] Notices. All notices, consents, requests, instructions, approvals and other communications provided for herein and all legal process in regard hereto shall be in writing and shall be deemed to have been duly given, as follows: (i) on the date delivered if by personal delivery; (ii) on the date telecormmunicated if by telegraph; (iii) on the date of transmission with confirmed answer back if by telex, telefax or other telegraphic method; and (iv) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be; as follows; If to the Manager_ Jose Garcia -Pedrosa 5025 Collins Avenue, Apt. 905 Miami Beach, Florida 33140 8 1/0?/:9824 35p :: 01/07/98 WED 16:32 FAX.. 3055391307 ZACR SPARBER Z029 with a copy to: Mr. Melvin C. Morgenstern Attorney at Law Zack, Sparber, Kosnitzky, Spratt & Brooks, P.A. 100 S.E. 2nd Street, Suite 2800 Miami, Florida 33131 (305) 539-8400 (305) 536-6267 [direct] (305) 539-1307 [fax) If to the City City of Miami City Manager's Office 444 S.W. 2d Avenue (10th Floor) Miami, Florida 33131 (305) 416-1025 with a copy to: A. Quinn Jones, III, Esq. City Attorney 444 S.W_ 2d Avenue (9th Floor) Miami, Florida 33131 or to such other address as any party hereto may from time to time designate in writing delivered in a like manner_ [fJ Cmd Faith. Each party hereto agrees to act in good faith with respect to the other party or parties in exercising its rights and discharging its obligations under this Agreement. Each party further agrees to use its best efforts to ensure that the purposes of this Agreement are realized and to take all steps as are reasonable in order to implement the operational provisions of this Agreement: Each party agrees to execute, deliver and file any document or ingtrument necessary or advisable to realize the purposes of this Agreement. [g] Attornevs' Fees_ If any Iegal action is brought for the enforcement of any of the provisions of this Agreement, the prevailing parry shall be entitled to recover upon final judgment on the merits reasonable attorneys' fees (including attorneys' fees for any appeal) incurred in bringing such action. [h] Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as to all matters, including, but not limited to, matters of validity, construction and performance. Miarai-Dade County in the State of Florida shall be the sole and exclusive venue for any litigation between the parties that may be brought or arise out of or in conjunction with or by reason of this Agreement. 0 28 8- 61 01/07/98 WED 16:33 FAI 3055391307 ZACK SPARBER 0030 f it Bbiiiing Frffect: Assignment. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the City and Employee, and their respective personal or legal representatives, Heirs, successors and permitted assigns. This Agreement is not assignable by Employee. IN WrMSS WREREOF, the parties hereto have placed their hands as of the day and year first above written. Icltnorgensticlienrslpedrosa�pedrosa.l City of Miami By: [print name and title] Manager Jose Garcia -Pedrosa 10 t 4 2935p 01/07/98 WED 16:33 FAX 3055391307 ZACK SPARBER 0031 EXHIBIT A STATEMENT OF CITY OF MIAW EXECUTIVE EMPLOYMENT BENEFITS [ATTACKED] P 11 U. 30 98- 61 01/07/98 WED 16:33 FAX 3055391307 ZACR SPARBER 11032 EXMIT " B" [IF APPLICABLE] CITY MANAGER JOB DESCRIPTION 12 his_ 61 31 01/07/98 WED 16:33 FAX 3055391307 ZACK SPARBER [a 033 Charter. The Manager shall perform all such duties, services and responsibilities in accordance with the reasonable guidelines, policies and procedures as are established by the City after consultation with the Manager, subject at all times to the supervision of the City. Manager will devote his skills, efforts and time to the performance of his duties hereunder and to the furtherance of the interests of the business of the City. The Manager will perform his duties hereunder to the best of his ability and in a diligent and proper manner. [a] Saka. The Manager shall be paid an initial annual salary ["Salary"] of $96,000, payable in intervals in accordance with City policy and as set forth in the Statement of Executive Employee Benefits appended to this Agreement ["Statement"], the terms of which are incorporated herein by reference. The payment of this Salary shall be subject to all applicable withholding provisions. However, the Manager shall not be obligated to make a mandatory ten [10%] contribution towards a City of Miami Pension. [b] Performance Review; A& ents to SakuT. The City shall make an annual review of the Manager's performance, and shall make such adjustments as it considers appropriate in the Manager's annual compensation, inclusive of his salary and other benefits. All adjustments to the Manager's Salary, as well as all adjustments to the components of his tbtaI compensation package, shall be reflected on an Addendum appended to this Agreement. [c] Health Care Plans, Health care coverage and benefits as set forth in the Statement shall be provided by the City to the Manager, his spouse, and his dependents [collectively, "Family"], without financial contribution by the Manager or any member of his Family. [d] Non-Quaed Deferred Corr = anon Plan. The City shall made an annual contribution of Eight Thousand [$8,000.00] Dollars towards the establishment of a Non -Qualified Deferred Compensation Plan for Manager ["Deferred Compensation Plan"], such amount being payable in twelve [12] equal monthly installments, each in the amount of Six Hundred Sixty Six and sixty-six hundredths [$M6.66] Dollars, payable monthly on the first day of each calendar month during Manager's employment: The first such payment being made in the month of January, 1998, and each month thereafter during the employment of. Manager. Each such monthly contribution shall be considered earned in its entirety on the first day of each calendar month of Manager's employment under this Agreement, including January, 1998. [e] Contribution to "Section 40 (al Plan", . The City shall make an annual contribution of Thirty Thousand [$30,000.00] Dollars towards the establishment of an account for Manager [ "Account"] in its "Section 401[a] Plan". The entire amount of this annual contribution shall be made in the first two [2] weeks of each calendar year of the Manager's employment hereunder. The first such payment, applicable to the month of January, 1998, shall be made within the month of January, 1998. Each annual contribution shall be considered earned in its 98— 61 ! 32 1J07198 4i35p'' 01/07/98 WED 16:34 FAX 3055391307 ZACK SPARBER Q 034 Charter. The Manager shall perform all such duties, services and responsibilities in accordance with the reasonable guidelines, policies and procedures as are established by the City after consultation with the Manager, subject at all times to the supervision of the City. Manager will devote this skills, efforts and tune to the performance of his duties hereunder and to the furtherance of the interests of the business of the City. The Manager ill wperform his duties hereunder to the best of his ability and in a diligent and proper manner. [a] &IM. The Manager shall be paid an initial annual salary ["Salary"] of $96,000, payable in intervals in accordance with City policy and as set forth in the Statement of Executive Employee Benefits appended to this Agreement ["Statement"], the terms of which are incorporated herein by reference. The payment of this Salary shall be subject to all applicable withholding provisions. However, the Manager shall not be obligated to make a mandatory ten [10%] contribution towards a City of Miami Pension, N Performance eview; Adjgstments to Salary. The City shall make an annual review of the Manager's performance, and shall make such adjustments as it considers appropriate in the Manager's annual compensation, inclusive of his salary and other benefits. All adjustments to the Manager's Salary, as well as all adjustments to the components of his total compensation package, shall be reflected on an Addendum appended to this Agreement. [c] H alth Care Plats, Health care coverage and benefits as set forth in the Statement shall be provided by the City to the Manager, his spouse, and his dependents [collectively, "Family"], without financial contribution by the Manager or any member of his Family. [d] on--Quag e{fi d Deferred CoMpemuidon Plan. The City shall made an annual - contribution of Eight Thousand [$8,000,001 Dollars towards the establishment of a Non -Qualified Deferred Compensation Plan for Manager ["Deferred Compensation Plan"], such amount being Payable in twelve [12] equal monthly installments, each in the amount of Six Hundred'Sixty Six and sixty-six hundredths [$666.66] Dollars, payable monthly on the first'day of each calendar month during Manager's employment: The first such payment being made in the month of January, 1998, and each month thereafter during the employment of Manager, Each such monthly contribution shall be considered earned in its entirety on the fast day of each calendar month of Manager's employment under this Agreement, including January, 1998. [e] Cantribudyn to erection 401[Al Plan". The City shall make an annual contribution of Thirty Thousand [$30,000.00] Dollars towards the establishment of an account for Manager [ "Account"] in its "Section 401 [a] Plan'. The entire amount of this annual contribution shall be made in the first two [2] weeks of each calendar year of the Manager's employment hereunder. The first such payment, applicable to the month of January, 1998, shall be made within the month of January, 1998. Each annual contribution shall be considered earned in its [± 33 q s — 435}s.<