City of Gainesville Office of the City Manager September 13, 2021 ‘The Honorable Mayor Lauren Poe and City Commissioners City of Gainesville, Florida 200 East University Avenue Gainesville, Florida 32601 Honorable Mayor and Commissioners — On November 4, 2019, I began my tenure with the City of Gainesville as your City Manager and continue to serve in that capacity with enthusiasm and pride. Our Community Builders provide first class services to our neighbors and the City’s financial position is more solid than ever. Over the last eighteen (18) months, the City of Gainesville has experienced the unprecedented stresses that many communities across the country (and the globe) have endured, With the support of the Mayor and City Commission, we have been able to guide the City through these challenges and I know that we have emerged stronger from it. ‘As you are aware, under my leadership, our team has had many accomplishments, but I want to note some examples to demonstrate our progress in becoming a high performing organization: > Reorganized and consolidated various functions of General Government to create efficiencies, avoid duplication of effort and reduce span of control resulting in fewer departments and the establishment of offices to provide specific functionality with the City Manager’s Office. Placed the public safety functions as direct reports to the City Manager. Aligned the Communications and Neighbor Engagement functions of General Government within one office. Created the first enterprise-wide approach to real estate management in the City, > Organized a strategic planning effort involving administrative staff, other Charter Officers and the City Commission resulting in the adoption of a citywide vision, mission, strategic plan and the first (and second) Commission Annual Action Plan prioritizing the efforts of the City. Established PeRroRMGNV as the accountability tool for the strategic plan and Commission Annual Action Plan elements under the responsibility of the City Manager. > Examined the existing debt of the General Government of the City resulting in the issuance of $206 million in new 2020 Pension Obligation Bonds. ‘This transaction refunded 95% of PO Box 4go * Station 6 « Gainesville, Florida 32627-0490 352-334-5010 * www.CityofGainesville.orgthe Unfunded Accrued Actuarial Liability (UAAL) of the City’s two (2) pension plans resulting in a combined Present Value Savings of $114.5 million (55.6%). This translated to $16.8 million in savings in the first five (5) years for General Government and another $14.3 million in savings for the Gainesville Regional Utilities for the same period. Despite the financial uncertainty resulting from revenue fluctuations due to COVID-19 and the reduction of the General Fund Transfer, the City maintained its Aa2 rating with Moody's and AA rating with Fitch, While I believe that I maintain the solid support of a majority of the City Commission the issue of my retention as your City Manager continues to be a topic of discussion, This in tum has a detrimental effect on our organization and impairs our ability to address the priorities that have been collectively identified by the City Commission, ‘The Intemational City/County Management Association’s (ICMA) Code of Ethics is based upon putting one’s community before oneself. Tenet 3 of that Code provides, in part, that an ICMA member shall demonstrate by word and action the highest standards of ethical conduct and integrity and Tenet 4 provides that member shall serve the best interests of the people (our neighbors). I have always put our neighbors and our organization first and continue to do that today. ‘Therefore, for these reasons, I hereby tender my resignation as your City Manager effective 5:00 pm, November 12, 2021, contingent upon execution of the enclosed First Amendment to my Employment Agreement. During my remaining time with the City, I will continue to fully execute my duties as City Manager and serve you and our neighbors with the same integrity and professionalism as I have during my tenure with the City. Building community for all remains local government's primary mission. I look forward to hearing about the great things that will occur in Gainesville and take pride in knowing that I will have had a part in them. ‘Thank you for the opportunity to serve. Sincerely, {Q.— fee R. Feldman, ICMA-CM City Manager enclosure Omichele D. Gainey, City ClerkFirst Amendment to Employment Agreement ‘THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“FIRST AMENDMENT”), made and entered into September 16, 2021, by and between the City of Gainesville, Florida, hereafter the “CITY,” and Lee R. Feldman, hereafter the “CITY MANAGER”, both of whom understand as follows: WITNESSETH: WHEREAS, the City and City Manager have heretofore entered into an Employment Agreement dated October 8, 2019, hereafter the “Employment Agreement”; WHEREAS, the City Manager remains employed by the City in good standing; and WHEREAS, the City and City Manager wish to provide for an orderly and effective end to the employment relationship and thus agree to amend the Employment Agreement as follows: NOW THEREFORE, Section 4.A. of the Employment Agreement is amended in its entirety to read as follows: A. The City Manager agrees to voluntarily resign from his employment as a Charter Officer with the City effective November 12, 2021 at 5:00 p.m. In consideration of such, the City shall pay the City Manager severance pay in the amount of 20 weeks of compensation, which shall only include 20 weeks of base pay and 20 weeks of the City’s contributions to auto allowance, life insurance, and retirement for the City Manager at the then current rates, which will be paid in the pay period subsequent to November 12, 2021, less appropriate deductions for federal withholding and other applicable taxes. Such severance pay will be in addition to payment for unused and acerued PTO, which will also be paid in the pay period subsequent to November 12, 2021 Anew Section 11, Time Limited Temporary Employment, is created and added to the Employment Agreement to read as follows: Set m1. ‘ime Limited Temporary Employment. In order to provide for an orderly transition of city management duties, Lee R. Feldman agrees to work as a time limited temporary employee effective from November 12, 2021 at 5:01pm until December 31, 2021 at 5:00pm. During this time limited temporary appointment, Lee R. Feldman will provide transition assistance as requested by whomever the City Commission appoints as the Interim City Manager. For this time limited temporary appointment, the City shall pay Lee R. Feldman at the rate of pay he received as the City Manager and at the then current rates for the City’s contributions to auto allowance, life insurance, and retirement, less appropriate deductions for federal withholding and other applicable taxes. The City’s Human Resources Page 1 of 2Department is authorized to prepare and effectuate all necessary documentation for this time limited temporary appointment. A new Section 12, Covenant Not to Sue, is created and added to the Employment Agreement to read as follows: Section 12. Covenant Not to Sue. In consideration of this First Amendment to Employment Agreement, the City Manager agrees to never institute any action or suit at law or in equity against the City, its officers, agents, and employees, nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss of injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present or future, arising out of or relating to the employment relationship, including the cessation thereof. IN WITNESS WHEREOF, the City has caused this First Amendment to be signed and executed on its behalf by its Mayor, and duly attested to by its City Clerk, and the City Manager has signed and executed this First Amendment effective as of the date first written above. Except as hereinabove expressly modified, amended and changed, the terms, conditions and covenants of the Employment Agreement shall remain in full force and effect. ATTEST: CITY OF GAINESVILLE Omichele D. Gainey Lauren Poe CITY CLERK MAYOR Lee R. Feldman CITY MANAGER Page 2 of 2