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HomeMy WebLinkAboutR-85-0357J-85-329 3/28/85 M85-222 (3/12/85) RESOLUTION NO. 85-3507 A RESOLUTION APPOINTING SERGIO PEREIRA AS CITY MANAGER AND SETTING FORTH THE COMPENSATION BENEFITS AND EMOLUMENTS TO BE RECEIVED BY SERGIO PEREIRA AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. WHEREAS, on March 12, 1985 the City Commission passed and adopted Motion No. 85-222 which informally selected Sergio Pereira as the City Manager; and WHEREAS, subsequent to March 12, 1985, the City Attorney and Sergio Pereira met to discuss the specific terms of his employment; and WHEREAS, the City wishes to set forth below agreed terms and conditions of Sergio Pereira's employment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sergio Pereira is hereby appointed City Manager of the City of Miami, Florida, effective April 1, 1985. Section 2. The City of Miami hereby recognizes that certain expenses of a nonpersonal and generally job -affiliated nature are incurred by a City Manager, over and above those normally reimbursed to City Employees, and hereby acknowledges and confirms its willingness to pay $2,500 per year to Sergio Pereira as a discretionary expense account. All business -related travel expenses including subsistence shall be paid by the City in addition to the above. Section 3. Vacation will be 30 working days per year. If vacation is not used, Sergio Pereira may carry-over 100 hours automatically and any excess over the 100 hours shall be used by September 15th each year or be forfeited. If extraordinary circumstances occur, Sergio Pereira may request the City Commission to approve a carry-over of more than 100 hours and if the carry-over request is not approved, vacation time in excess of 100 hours shall be forfeited. CITY MAR 28 1985 RESOLUTION iV,. 85-357.. PEMANKS. Section 4. (a) Sergio Pereira is expected to participate in certain professional associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City. Specifically, the City authorizes payment of annual membership costs as well as initiation fees for such professional associations to be selected by Serqio Pereira, such as the Florida City Managers Association, International City Management Association, or the American Management Association. (b) Further, the City authorizes payment of membership participation costs in two luncheon clubs to be selected by Sergio Pereira. These memberships shall be in clubs which neither in policy or practice discriminate against persons or activities on the basis of race, religion, color, sex, national origin or ancestry. Section 5. It is hereby recognized that the duties of a City Manager require him to have the exclusive and unrestricted use of an automobile at all times during his employment with the City. Accordingly, the City shall lease an American -made full- size automobile, comparable to a Chrysler Fifth Avenue for unlimited City and personal use. The City shall pay the cost of liability, property damage, and comprehensive insurance and shall pay for gas and maintenance of said vehicle as well as the cost of purchase, installation and maintenance of a telephone in said vehicle. Section 6. (a) The City shall pay one-half and Sergio Pereira shall pay one-half of the premium for a whole life insurance policy in the face amount of $180,000. The City shall be the sole owner of the insurance policy and shall share equally in the death benefits, if payable. Further, when Sergio Pereira leaves the employment of the City, he may retain the policy and pay the City for its contribution or cancel the contract and receive one-half of the cash surrender value with the City receiving the remaining one-half of said cash surrender value. One-half of any benefits paid under the policy shall be paid to -2- 85-357- beneficiaries named by Sergio Pereira and the remaining one-half of any benefits paid shall be received by the City. (b) The City shall also provide and pay for a disability income insurance policy; such policy to provide for replacement of 75% of the annual gross salary of Serqio Pereira and be payable to him should a disability resulting from any cause prevent him from satisfactorily performing his duties as City Manager of the City of Miami. Section 7. (a) The City, at its expense and with no contribution by Sergio Pereira, shall provide hospitalization, surgical, and comprehensive medical insurance for Sergio Pereira and his dependents with benefits equal to those which are now or which in the future may be provided to general employees of the City. (b) Sick Leave to be awarded Serqio Pereira shall be the same as that given to other City emplovees and the City sick leave rules shall also be applicable to Serqio Per^ira. Section 8. So lonq as Sergio Pereira's actions are in conformance with the stated policies of the City Commission, if a lawsuit is filed against Sergio Pereira, arisinq out of his duties as City Manager, the City will defend him unless the City Commission elects to pay for outside counsel if so recommended by the City Attorney. Section 9. (a) Sergio Pereira shall be paid an annual salary of $92,000. (b) Sergio Pereira shall receive an annual public evaluation by the City Commission using the standards of the International City Manager's Association one year from his appointment or the next Commission meeting following his anniversary date. Sergio Pereira's performance during the prior 12 months shall be discussed with him and thereupon the City Manager's salary shall be set by the City Commission. (c) If Sergio Pereira is dismissed by the City prior to January 1, 1986, he shall receive 12 months salary only as severance pay from the City. Thereafter, if Sergio -3- 85-35"7- Pereira is dismissed by the City prior to October 1, 1986, he shall receive 6 months salary only as severance pay. If Sergio Pereira is dismissed by the City after October 1, 1986, he shall receive 3 months salary only as severance pay. No such severance pay shall be paid to Sergio Pereira if he is terminated for acts constituting gross negligence or criminal conduct. Section 10. In regard to pension, retirement, or deferred compensation, Sergio Pereira shall be eligible to participate in any retirement program which heretofore has been authorized by ordinance of the City. PASSED AND ADOPTED this 28th day of March , 1985. TEST: RALPTf G. ONGIE ITY CLERK PREPARED AND APPROVED BY: X� � / ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY APPROVED TO LUCIA A. UGHER CITY ATTORNEY RFC/rr/006 Maurice A. Ferre MAURICE A. FERRE, MAYOR CORRECTNESS: -4- 85-35'i�