HomeMy Public PortalAbout19-9692 Appointing John Pate as City ManagerSponsored by: City Commission
RESOLUTION NO. 19-9692
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, APPOINTING JOHN PATE AS
CITY MANAGER AND DIRECTING THE APPROPRAITE
CITY OFFICIALS TO EXECUTE THE EMPLOYMENT
AGREEMENT (EXHIBIT "A") BETWEEN THE CITY OF
OPA-LOCKA AND JOHN PATE; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article I, Section 2-8-4 of the City of Opa-Locka
Code of Ordinances, the City Commission previously established itself as the official
City Manager search committee; and
WHEREAS, through the assistance of outside contractor, Colin Baenziger &
Associates, the City conducted a national search for candidates and has selected,
John E. Pate, as the City Manager consistent with the terms of the Agreement
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. Recitals. The recitals to the preamble herein are incorporated by
reference.
Section 2. Appointment of City Manager. The City hereby appoints John E.
Pate as the City Manager.
Section 3. Execution of Agreement. All appropriate City Officials are hereby
directed to execute the Employment Agreement (EXHIBIT "A") between John E.
Pate and the City of Opa-Locka.
Section 4. Effective Date. This Resolution shall take effect immediately upon
adoption, and is subject to the approval of the Governor of the State of Florida or his
designee.
Resolution No. 19-9692
PASSED AND ADOPTED this 28th day of August, 2019.
Matthew A. Pigatt, Mayor
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
nadette orr' -Weeks P.A.
Moved by: Commissioner Burke
Seconded by: Vice Mayor Davis
VOTE: 3-2
Commissioner Bass NO
Commissioner Burke YES
Commissioner Kelley NO
Vice -Mayor Davis YES
Mayor Pigatt YES
CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN
JOHN E. PATE
AND
THE CITY OF OPA-LOCKA, FL
THIS EMPLOYMENT AGREEMENT hereinafter called this "Agreement", is made
and entered into as of the day of , 2019, by and between the City
Commission, hereinafter referred to as the "City" or "Commission", of the City of Opa-locka, a
political subdivision of the State of Florida, hereinafter called the "Employer", and John E. Pate,
hereinafter referred to as "Employee".
W-I-T-N-E-S-S
WHEREAS, the Commission desires to employ the services of John E. Pate, as City
Manager of the city, hereinafter referred to as the "Manager", pursuant to the terms of the Opa-
locka City Charter, hereinafter referred to as the "Charter", the Opa-locka City Code of
Ordinances, hereinafter referred to as the " City Code", the Opa-locka City Administrative Code,
hereinafter referred to as the "Administrative Code", and all statutes, laws and constitutional
provisions applicable to the position of Manager; and,
WHEREAS, it is the desire of the Commission to provide certain benefits and establish
certain conditions of employment for Employee as the Manager in accordance with this
Agreement; and,
WHEREAS, it is the desire of the Commission to secure and retain the services of
Employee as the Manager and to provide inducement for him to remain in such employment; and
WHEREAS, Employee desires to accept employment as the Manager in accordance with
the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
Section 1. Employment.
A. The Commission hereby hires and appoints John E. Pate as the Manager, under the terms
established herein, to perform the duties and functions specified in the Charter, the City
Code, the Administrative Code, and all statutes, laws, constitutional provisions and other
city ordinances, regulations, resolutions and policies applicable to the position of Manager,
and to perform such other legally permissible and proper duties and functions as the
Commission shall assign from time to time.
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B. The Commission's employment of Employee as the Manager shall be effective October 15,
2019 through October 14, 2023. This Agreement shall remain in effect until terminated by
the Commission or by the employee as provided herein.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Commission to terminate the services of the Manager at any time, subject only to the
provisions set forth in Section 3 of this Agreement.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Manager to resign at any time from his position as the Manager, subject only to the
provisions set forth in Section 4 of this Agreement.
E. It shall be the duty of the City Manager to employ, direct, assign, reassign, evaluate, and
accept the resignations of all the employees of the City under his supervision consistent
with the City rules, policies, ordinances, charter, county, state and federal law.
F. It shall be the duty of the City Manager to organize, reorganize and arrange the staff of the
City and to develop and establish internal regulations, rules, and procedures which the City
Manager deems necessary for the efficient and effective operation of the City consistent
with the lawful City directives, policies, ordinances, city charter, county, state and federal
law.
G. The City Manager shall perform the duties of City Manager of the City with reasonable
care, diligence, skill and experience.
Section 2. Duties and Obligations.
A. The Manager shall have the duties, responsibilities and powers of said office under the City
of Opa-locka Charter, Code of Ordinances, Administrative Code, and all statutes, laws,
constitutional provisions and other city ordinances, regulations, resolutions and policies
applicable to the position of Manager. The Manager shall carry these out in a professional
and competent manner.
B. The Manager shall remain in the exclusive employ of the Commission and shall devote all
such time, attention, knowledge and skills necessary to faithfully perform his duties and
responsibilities, and to exercise his powers under this Agreement, having no outside
employment whatsoever. He may, however, engage in educational and professional
activities and other employment activities upon receipt of approval by the Commission,
provided that such activities shall not interfere with his primary obligation to the
Commission and City as the Manager. The Manager shall dedicate no less than an average
of forty (40) hours per week in the performance of his duties as Manager hereunder.
C. In the event the Manager shall serve on any appointed or elected board of any professional
organization, or serve on any committees related to his professional activities, in the event
any monies are paid, or gifts received, by him related to such service, such money or
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property shall be paid over to or delivered to the City, unless otherwise provided by the
Commission.
Section 3. Termination and Severance Pay.
A. Termination without Cause. The Commission may, at any time whatsoever, terminate the
employment of the Manager, without cause, by an affirmative vote, upon reasonable prior
notice to the Manager, of not less than three members of the Commission. If such event
should occur, the Manager will be given written notice of the decision of the Commission
not less than 10 days prior to the effective date of the termination. Upon such termination,
The Manager will be entitled to: 1) a severance payment equal to twenty (20) calendar
weeks of base salary; 2) a lump sum payment at his then -hourly rate of base salary as
Manager for all annual leave hours accumulated by his but unused as of the date of
termination, not to exceed the maximum accrual provided in the City's Personnel Policies
Manual applicable to all other non -union employees of the Commission; and 3)
continuation of the Manager's health insurance under Section 9 at City expense for a period
of one hundred and eighty (180) calendar days following the date of termination in
accordance with, and within the limitations of, COBRA and the rates applicable thereunder.
The Commission shall not continue any benefits after termination that are directly
connected with being the City Manager. In other words, the Commission shall continue
paying insurances and pension but not car allowance, phone, and the like.
B. Termination for Cause. The Commission may also, for cause, terminate the employment of
the Manager at any time whatsoever, by affirmative vote, of not less than three (3)
members of the City Commission. The Manager shall be entitled to a hearing if, within
five (5) business days of termination for just cause, he so requests in writing to the City
Attorney. In the event the Manager's employment is terminated for cause, the City shall be
under no obligation to pay severance pay described under subsection A (1) or the
continuation of health insurance described under subsection A (3) hereof. The term "for
cause" shall be deemed to include: gross negligence in the handling of City affairs; willful
violation of the provisions of law; willful disregard of a direct order, demand, or policy of
the Commission; conduct unbecoming a public employee; illegal or habitual drug abuse;
arrest; conviction of a felony; conviction of any crime involving moral turpitude or relating
to official duties; or violation of the Florida Ethics Code. For the purpose of this
subsection, if the Manager pleads guilty or nolo contendere or is found guilty of a felony,
he shall be deemed to have been convicted, notwithstanding a suspension of sentence or a
withholding of adjudication.
Section 4. Resignation.
A. In the event the Manager voluntarily resigns his position, he thereby agrees to give the City
not less than sixty (60) days' written notice prior to effective date of any voluntary
resignation, unless the parties agree otherwise.
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B. In the event the Manager voluntarily resigns his position, the City shall not pay severance
pay described under subsection 3 A(1) or pay for the continuation of health insurance
described herein.
Section 5. Compensation and Annual Review.
A. The City shall pay the Manager, for his service, an annual base salary of $162,500, payable
in equal installments pursuant to City policy and may increase it from time to time as
herein provided. At any time, the Commission may agree to increase the base salary and/or
other benefits received by the Manager in such amounts and to such extent as the
Commission may determine to be desirable in its sole discretion.
B. Beginning in 2020, as determined by the Commission, the Commission shall review and
evaluate the performance of the Manager at least once every fiscal year between March 1st
and the immediately following April 30th. Said review and evaluation shall assess the
Manager's performance of all duties and responsibilities, and his exercise of all powers for
which he is responsible under this Agreement during the immediately preceding period.
Failure by the Commission to conduct such a review and evaluation in any given year or
years shall not be considered a breach of this Agreement.
C. Annually, the Commission and the Manager shall jointly define such goals and
performance objectives that they may determine necessary for the proper operation of the
City and for the attainment of the Commission's policy objectives, and shall further
establish a relative priority among those various goals and objectives, and said objectives
and goals shall be reduced to writing. Objectives and goals hereunder shall generally be
attainable within the time limitations specified and shall take in to account the City's
annual operating budget and capital budget and appropriations provided thereunder.
Section 6. Retirement.
The City shall execute on behalf of the City Manager's retirement benefit participation in FRS
(the Florida Retirement System) plan. The City will pay an amount equal to 15% of the
Manager's annual base salary.
Section 7. Automobile and Communications Equipment.
The City Manager is required to be on call for twenty-four hour service. In recognition thereof:
A. The City shall grant to the City Manager an automobile allowance of $600 per month, and
the City Manager shall purchase, maintain, and insure his vehicle which he uses for City
purposes and business.
B. The City shall issue a city owned cell phone, computer and provide other mobile
connectivity that provides Internet to the Manager to be used solely for City business
purposes.
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Section 8. Other Benefits.
A. Except as may be otherwise limited under the terms of this Agreement, the Manager shall be
entitled to earn, use, accrue and be compensated for 15 days of sick leave and 25 vacation days
per year upon execution of this agreement. The Manager shall further be provided a bank of 7.5
days of sick and 14.5 days of vacation leave upon execution of this agreement.
B. The Commission, in consultation with the Manager, may 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 that such terms and conditions are not inconsistent
with or in conflict with the provisions of this Agreement or other applicable law.
Section 9. Insurance.
A. The Commission shall provide term life insurance as is provided to other non -union
employees of the Commission.
B. The Commission shall provide to the Manager medical, dental, and any other offered
insurance plan on the same terms and conditions as are available to all other non -union
employees of the Commission. The Commission shall further provide for the Manager and his
dependent(s) health, dental, and any other available insurance benefit offered at no cost of the
Manager.
Section 10. No Reduction of Benefits.
The Commission shall not at any time during the term of this Agreement reduce the salary,
compensation or other financial benefits of the Manager, except and to the degree and extent
such reduction is also imposed across -the -Commission for all non -union employees of the
Commission.
Section 11. General Business Expenses
A. The Commission agrees to budget pay for the professional travel and state authorized
expenses of the Manager necessary for his participation in professional development
training applicable to his duties as a City Manager, not to exceed a total cost of $1,500.00
per year. The Commission may pay for the Manager to be a member of other professional
organizations that the Commission agrees are necessary and desirable as authorized in
advance.
Section 12. Residence and Relocation Expenses.
A. The Commission agrees to pay for Relocation Expenses in an amount not to exceed Ten
Thousand Dollars ($10,000.00), provided that no less than three (3) quotes are obtained and that
the best and most responsive and responsible quote is selected, as determined by the Manager.
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B. The Manager agrees to make all attempts to find suitable housing within the City of Opa-
Locka, Florida. In the event he is unable to identify housing within the City of Opa-Locka
within a period of twelve (12) months following execution of this Agreement, the Manager
agrees to reside within a radius of ten (10) miles from the city limits of Opa-Locka, FL
Section 13. Suspension
The Commission shall have the authority to suspend the Manager with full pay and benefits
pending investigation and a final employment decision made by the Commission, but only if a
majority of the Commission members and the Manager agree; or in the alternative, after a public
hearing, if a majority of the Commission members votes to suspend the Manager for just cause.
The Manager shall have been given written notice setting forth any charges giving rise to just
cause at least five (5) days prior to such hearing.
Section 14. Indemnification
The City shall defend, indemnify and pay all judgments or settlements in regard to any personal
liability arising out of and in the scope of the City Manager's responsibilities, to the fullest extent
authorized by Florida Statutes, and other laws and in accordance with the City of Opa-Locka
Code of Ordinances, in addition to any insurance purchased by the City. The City agrees to pay
all reasonable litigation expenses of the Manager during the pendency of proceedings, only if
actions were taken in the course and scope of the City Manager's employment.
Section 15. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance.
Section 16. Other Terms and Conditions of Employment
The Employer, only upon agreement with Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance of
the Employee, provided such terms and conditions are not inconsistent with or in conflict with
the provisions of this Agreement, City Charter, local ordinances or any other law.
Section 17. Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United
States Postal Service by certified mail return receipt, or any other certified delivery service
showing confirmation of process delivery and directed to the City Mayor and Attorney as to the
City. And, directed to the City Manager as to the City Manager.
Section 18. Entire Agreement
The text of this document shall constitute the entire Agreement between the parties, except as
may be amended in writing by the parties hereto. A11 provisions contained in this Agreement are
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subject to and conditioned upon compliance with the Charter, the County Code, the
Administrative Code, and all statutes, laws, constitutional provisions and other County
ordinances, regulations, resolutions and policies. The Charter, the County Code, the
Administrative Code, and all such statutes, laws, constitutional provisions and other County
ordinances, regulations, resolutions and policies shall take precedence over any part or portion of
this Agreement, any other provisions of this Agreement to the contrary notwithstanding.
Any terms and conditions not specifically addressed in this Agreement shall be deemed to be
addressed in the City's Personnel Rules, to the extent there is no conflict with this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to have been
executed on behalf of each as of the date and year first above -written.
Attest:
Clerk of the City Commission
City Attorney
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MANAGER:
John E. Pate
THE City:
City Commission of Opa-Locka, a political
subdivision of the State of Florida:
By:
City Mayor