HomeMy Public PortalAbout21-9864 Amendment to John Pate AgeementSponsored by: City Manager and Vice Mayor Williams
RESOLUTION NO. 21-9864
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, APPROVING
A MUTUALLY AGREED UPON AMENDMENT TO
THE EMPLOYMENT AGREEMENT BETWEEN CITY
MANAGER JOHN E. PATE AND THE CITY OF OPA-
LOCKA; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on August 23, 2019, the City of Opa-Locka Commission ("City
Commission") appointed John E. Pate as the City Manager; and
WHEREAS, on September 25, 2019, an Employment Agreement was
executed between the City of Opa-Locka and John E. Pate ("Employment
Agreement"); and
WHEREAS, the City Manager and the City of Opa-Locka desire to amend the
Employment Agreement of the City Manager to allow for an additional ninety (90)
days in order for the City Commission to conduct a proper evaluation of the City
Manager during the year 2021; and
WHEREAS, the City finds that it is in the best interest of the City to
specifically amend Section 5 of the Employment Agreement between John E. Pate
and the City of Opa-Locka as set forth in 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. Authorizing an Amendment to Section 5 of the Employment
Agreement between the City and John E. Pate The City Commission hereby
approves a First Amendment to Section 5 of the Employment Agreement between
John E. Pate and the City of Opa-Locka, Florida, to extend the time for a proper
evaluation to take place by the City Commission as specified in Exhibit "A" hereto.
The City Commission further authorizes the execution of the First Amendment to
the Employment Agreement by the appropriate parties.
Section 3. Scrivener's Errors. Sections of this Resolution may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent
Resolution No. 21-9864
may be authorized by the City Attorney or designee, without need of public hearing
by filing a corrected copy of the same with the City Clerk.
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.
PASSED AND ADOPTED this 12th day of May, 2021.
Matthew A. Pigatt, Mayor
ATTEST:
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
P.A.
Csq. r
Burnadette Norris L eeks,
Moved by: Commissioner Burke
Seconded by: Commissioner Taylor
VOTE:
3-1
Commissioner Burke ABSENT
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt NO
FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN
JOHN E. PATE AND THE CITY OF OPA-LOCKA, FLORIDA
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is
dated , 2021 (the "Amendment Effective Date"), and is between CITY OF
OPA-LOCKA, a Florida municipal corporation, through its City Commission ("City") and
JOHN E. PATE ("City Manager" or "Manager"). This Amendment modifies certain terms and
conditions of Section 5 of the Employment Agreement dated August 23, 2019, between the CITY
and the CITY MANAGER (the "Agreement").
WHEREAS, on August 23, 2019, the City of Opa-Locka City Commission ("City
Commission") appointed John E. Pate as the City Manager; and
WHEREAS, on September 25, 2019, an Employment Agreement was executed between
the City of Opa-Locka ("City") and John E. Pate ("Employment Agreement"); and
WHEREAS, the City Manager and the City of Opa-Locka mutually agree to enter into
this First Amendment to the Employment Agreement between of the City Manager and the City
to allow for an additional ninety (90) days in order for the City Commission to conduct a proper
evaluation of the City Manager for the year 2021; and
WHEREAS, the City finds that it is in the best interest of the City to specifically amend
Section 5 of the Employment Agreement between John E. Pate and the City of Opa-Locka with
the terms and conditions set forth herein.
IT IS MUTUALLY AGREED by and between City and City Manager as follows:
1. Section 5 of the Agreement entitled Compensation and Annual Review shall be amended as
follows with the remainder of the Agreement remaining the same:
Section 5. Compensation and Annual Review.
A. The City shall pay the Manager, for his service, an annual base salary of
$169,700 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. For
the year 2021, the time for the City Commission to conduct an evaluation
of the City Manager shall be extended until July 29, 2021. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
Amendment Effective Date first above written.
CITY OF OPA-LOCKA, a political
subdivision of the State of Florida
By:
John E. Pate, City Manager Matthew A. Pigatt, Mayor
ATTEST:
By:
Joanna Flores, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
,g-sq re- k
Burnadette No i -Weeks, P.A.
City Attorney
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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 25th day of September, 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
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 a 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.
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.
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Section 5. Compensation and Annual Review
A. The City shall pay the Manager, for his service, an annual base salary of $169,700,
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 1s1
and the immediately following April 30`x'. 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 enroll the Manager in the Senior Management Service employee classification within
the FRS (the Florida Retirement System) plan. Furthermore, the City shall contribute the employee
share of 3% on behalf of the Manager.
Section 7. Communications Equipment
The City Manager is required to be on call for twenty-four hour service. In recognition thereof:
A. 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.
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
day 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.
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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
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.
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.
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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. All provisions contained in this Agreement are 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.
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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.
MANAGER:
Attest:
CIe of the City Commission
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City Commission of Opa-Locka, a political
subdivision of the State of Florida:
By:
City Mayor