HomeMy WebLinkAboutM-81-0470RESOLUTION
A ktgoLUTION ESTABLISMING Tilt COM'VENSA-
TIbN OE NOWARb V. GARY$ AS CITY MANAGER,
BASED UPON THE TERMS AND CONDITIONS AS
CONTAINED IN THE ATTACHED EMPLOYMENT.
AGREEMENT. .
$E IT RESOLVED BY THE COMMISSION Or THE CITY OF MIAMIt
F'LORIDA :
Section 1. The compensation of HOWARD V. GARVs
as City Manager, is hereby established at the rate and
upon the terms and conditions contained in the attached
Employment Agreement.
PASSED AND ADOPTED this 15th day of May, 1981.
M A Y O R
ATTEST:
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO ORM AND CO ECTNESS:
G E F. KNOX, JR,
CI Y ATTORNEY ,
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EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 15th,
day of flay, 19811 retroactive to April 16, 19811 by and between
the CITY OF MIAMI, State of Florida, a.municloal -corporation,
hereinafter called the "CITY", as party of the first part, and
HOWARD v, GARY, hereinafter called "LMPLOYLL", as party of the
second part, both of whom understand as follows:
WITNLSSETH:
WHEREAS, the CITY desires to employ the services of said
HOWARD V, GARY as City Manager of the CITY OF MIAMI.) FLORIDA, as
provided by the City of Miami Charter; and
WHEREAS, it is the desire of the City Commission to pro-
vide certain benefits, establish certain conditions of employment,
..and to set working- conditions of said employee; and
WHEREAS, it is the 'desire of the City Commission to:
(1) Secure and retain the services of EMPLOYEE and
to provide inducement for him to remain in such
employment;
- (2) To make possible full work productivity by
assuring EMPLOYEE'S morale and peace of mind
with respect to future security;
(3) To provide a Just means for terminating EMPLOYEE'S
services at such time as he may be unable to fully
to discharge his duties due to age or disability
or when CITY may desire to otherwise terminate
his employ; and
WHEREAS, EMPLOYEE desires to accept employment as
City Manager of said City;
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NCWj THEREFORE) in Considerdtion of the mutual Covenants
herein Contained, the parties hereto agree as follows;
a
SFCTI.OW 16..____DUT1ES
CITY hereby agrees to employ said EMPLOYEE as City Manager
Of said city to perform the function's and duties specified in the
City of Miami Charter and to perform such other legally permissible
and proper duties and functions as the City Commission shall from
time to time assign;
SECTION 2, TERM
A. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the City Commission to term!"
note the services of EMPLOYEE at any time, subject only to the
provisions set forth in Section 3, Paragraphs A and B, of this
Agreement.
B. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the EMPLOYEE to resign at
any time from his position with the CITY, subject only to the
Provisions set forth in Section 3, Paragraph C, of this Agreement,
C. EMPLOYEE agrees to remain in the exclusive employ
of CITY until April 16, 19831 and neither to seek, to accept, nor
to become employed by any other employer until said termination
date, unless said termination date is effected as hereinafter
provided,
The term "employed" shall not be construed to include
occasional teaching, public speaking, writing, or consulting per-
formed on EMPLOYEE'S time off,
D. In the event written notice is not given by either
party to this contract to the other ninety (90) days prior to the
termination date as hereinabove provided, this controct shall be
extended on the some terms and conditions as herein prdvided, all
for on additional period of two years, Sold contract shollocon-
tinue thereafter for two-year Periods unless ninety M) ,days
written notice is given Prior to time of exAlrotlon,
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A, in the event EMPLOYF.r, is terminated by the City
Cowission before w1 ratioh of the aforesaid term of employment
and during such time that EMPLOYEE is willing and able to perform
the duties of City Manager, then in that event the.CITY agrees to
pay EMPLOYEE a lump suer cash payment eoua1 to the time remaining
on his contract plus 3 months' aggregate salary, provided, hog►ever,
that in the event EMPLOYEE is terminated because of his conviction
of any illegal act involving personal goin to him., then, in that
event, CITY shall have no obligation to pay the aggregate severance
i
sum designated in this Paragraph,
8, In the event the CITY at any time during the employ --
vent tern; reduces the salary or other financial benefits of
EMPLOYEE in a greater percentage than an applicable across-the=board
reduction for all City employees, or in the event the CITY refuses,
following written notice, to comply with any other provision bene-
fit1nn EMPLOYEE herein, or the EMPLOYEE resigns following a
suggestion, whether formal or informol, by the City Commission
that he resign,.then, in that event, EMPLOYEE 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 herein
severance pay provision,
C. In the event EMPLOYEE voluntarily resigns his
Position with the CITY before expiration of the aforesaid term of
employment, then EMPLOYEE shall give the CITY two (2) months notice
In advance,
SECTION 4. SALARY
CITY agrees to pay EMPLOYEE for his.services rendered r
Pursuant hereto on annual base salary of $74,8E5, payable in
Installments at the some time as other employees of the CITY are
paid.
In addition, CITY agrees to increase sold base salary
and/other benefits of EMPLOYEE in such amounts and to such can
extent as the City Commission r^.ay determine that it is desirable
to do so on the basis of an annual salary review of said EMPLOYEE,
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EMPLOYLV8 duties require that he shall have the ex -
elusive and unrestricted use at ail times during his employment
with the CITY of an automobile, EMPLOYEE shall be entitled to
the same car emolument as the prior City Manager, CITY shall
be responsible for paying for liability, property damage, and
comprehensive insurance and for the.purchase, operation, main-
tenance) repair, and regular replacement of said automobile or
the rental cost of a leased vehicle plus maintenance and gas
if EMPLOYEE decides to provide h i s own car,
SECTION DUES AND SUBSCRIPTIONS
CITY agrees to budget and to pay the professional dues
and subscriptions of EMPLOYEE necessary for his continuation and
full participation in national, regional, state and local
y associations and organizations necessary and desirable for his
continued professional participation, growth, and advancement,
and for the good of the CITY,
SECTION b. PROFESSIONAL DEVELOPMENT
A. CITY hereby agrees to budget and to pay the travel
and subsistence expenses of EMPLOYEE for professional and official
travel, meetings, and occasions adequate to continue the pro-
fessional development of EMPLOYEE and to adequately pursue necessary
official and other functions for CITY, including but not limited to the
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annual conference of the international city Management Association,
The state League of Municipalities, and such other national,
regional, state and local governmental groups and committees there-
of which EMPLOYEE serves as a member,
B, CITY also agrees to budget and to ocy for, -the travel
and subsistence expenses of EMPLOYEE for short courses,. -institutes
and seminars that are necessary for his professional development
and for the good of the CITY$
SECTION 9.,, GENERAL EXPENSES
CITY recognizes that certain expenses of a nonr-personal
and generally Job -affiliated nature are incurred by EMPLOYEE, and
hereby agrees to reimburse or to pay said general expenses, up to
an amount not to exceed $2,500 per year,
SECTION 10, CIVIC CLUB MEMBERSHIP
CITY recognizes the desirability of representation in
and before local civic and other organizations, and EMPLOYEE is
authorized to become a member of one local professional executive
club for which CITY shall pay all expenses,
SECTION 11. VACATION, SICK, AND MILITARY LEAVE
EMPLOYEE is hereby entitled to a vacation of 30-working
days per year. In the event EMPLOYEE attends professional seminars
or special conferences of a professional nature during his vacation,
he will be reimbursed for the cost of such seminar or conference
and for his travel, meal and lodging expenses. In addition,
EMPLOYEE is hereby entitled to 12-days annual sick leave, but will..
not receive time off for his birthday and for the personal day _
leave afforded all other City employees, Provisions governing
accrual and payment therefor on termination of employment shall
be the some as accorded Department Heads,
e
SECTION 12. DISABILITY, 'HEALTH, AND LIFE INSURANCE
A. CITY agrees to put into force and to make .required
Premium payments for EMPLOYEE for Insurance policies for life,
ocaident4 sleknesso disability Income benefits, motor medical and
dependent's coveroge-group Insurance covering EMPLOYEE and his
dependents'.
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B, CITY agrees to purchase and to pay the required
premiums on whole life insurance policies equal in amount to two
(2) tines the annual gross salary of EMPLOYEE, with the beneficiary
names by EMPLOYEE to receive one-half of any benefits paid, the
CITY the other one-half, -
C, CITY agrees to provide hospitalization, surgical,
and comprehensive medical insurance.for EMPLOYEE and his dependents
and to pay the premiums thereon equal to that which is provided all
other CITY employees or, in the event no such plan exists, to
Provide some for EMPLOYEE,
.b. The CITY shall provide travel insurance for EMPLOYEE
while he is traveling on CITY business, with EMPLOYEE to name
beneficiary thereof.
SECTION 13, NORMAL RETIREMENT SYSTEM
EMPLOYEE shall be entitled to the some pension emoluments
as the previous City Manager. The CITY shall deposit pension con-
tributions to a trust fund established by the EMPLOYEE on a bi-weekly
basis, The EMPLOYEE can use these funds to Join any pension plan
he desires. The EMPLOYEE may, upon severance of employment, desig-
nate a public trust fund to which all monies in the EMPLOYEE'S
Pension Trust Fund, plus accrued interest thereon, shall be trans-
ferred within twenty (20) days from the date of such designation.
SECTION 14. 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 executors of EMPLOYEE,
C, If any provision, or any portion thereof, contained
In this agreement is held to be unconstitutional, invalid, or un-
enforceable, the remainder of this agreement, or portion thereof,
shall be deemed severable, shall not be affected, and shall remain
in full force and effect,
wro-
IN WITNESS WHEREOF) the City Of Miami) Florida has
caused this agreement to be signed and executed In its behalf by
its Mayor) and dully attested by its City Clerk) and the EMPLOYEE
has signed and executed this agreement) both in duolicate) the
day and year first above written,
ATTEST: MAYOR) CITY OF MIAMI
State of Florida
CITY CLERK
(SEAL)
APPROVED AS TO FORM:
CITY ATTORNEY
HOWARD V. GARY
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