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HomeMy Public PortalAbout15-8900 Approving the Employment Agreement for Kelvin BakerSponsored by: Vice Mayor Holmes RESOLUTION NO. 15 -8900 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA APPROVING AN EMPLOYMENT AGREEMENT FOR CITY MANAGER KELVIN L. BAKER, SR; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Manager has been requested to propose an employment Agreement with the City as permitted pursuant to Ordinance No. 05 -03, passed on February 24, 2005; and WHEREAS, the City Manager has proposed a contract attached as Exhibit "A" to this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa- locka, Florida, hereby approves and calls for the execution of this contract, in substantially the form attached as Exhibit "A ", between the City of Opa- locka, Florida and Kelvin A. Baker, City Manager. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPT-ED this 14ffi day of/January, 2,OT51 MOTION FAILED 64, 11" J-1q/ YRA T LOR MAYOR Resolution No. 15 -8900 Attest to: CI ej,)O� )tAa� Joann lores City C Flores Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago: Vice -Mayor Holmes: Mayor Taylor: Approved as to form and legal sufficiency: Q(� llG k4 Joseph S. Gellce,l John Dellagloria GREENSPOO MARDER, PA City Attorney COMMISSIONER HOLMES MAYOR TAYLOR 2 -3 NO NO NO YES YES 2 EMPLOYMENT AGREEMENT BETWEEN The Great City of Opa- locka, Florida, and Kelvin L. Baker, City Manager This Agreement, is made and entered into this , 2015, by and between The Great City of Opa- locka, Florida, a municipal corporation, (hereinafter called "City ") and Kelvin L. Baker, (hereinafter called "City Manager "). Section 1: Term A. The term of this Agreement shall be for a two (2) years from , 2015, to , 2016, and, after the first year, the City shall have the option to add two (2) additional years to the term of this contract. B. In the event that the City Manager is terminated, as defined in Section 9 of this Agreement, the City Manager shall be entitled to all compensation including salary, all accrued benefits including sick and vacation days, and any unpaid car or expense allowances, all as permitted by Florida Statutes Sectoin 215.425, which provides that severance pay provided may not exceed an amount greater than twenty (20) weeks of compensation. Section 2: Duties and Authority A. The City agrees to employ Kelvin L. Baker as City Manager to perform the functions and duties specified in the Charter of the City of Opa -locka and to perform other legally permissible and proper duties and functions. B. The City Manager is the chief administrative officer of the City and shall faithfully perform the duties as prescribed in the job description as set forth in the City's Charter and /or Ordinances and as may be lawfully assigned by the City and shall comply with all lawful governing body directives, county, state, and federal law, City policies and rules as they exist or may hereafter be amended. C. It shall be the duty of the City Manager to employ, direct, assign, reassign, evaluate, and to accept resignations of all of the employees of the City under his supervision consistent with the City rules, policies, Ordinances, Charter, county state and federal law. D. It shall also 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, Charter, county, state and federal law. E. The City Manager shall perform the duties of city manager of the City with reasonable care, diligence, skill and expertise. F. All duties assigned to the City Manager by the governing body shall be appropriate to and consistent with the professional role and responsibility of the City Manager. G. The City Manager cannot be reassigned from the position of City Manager to another position without the City Manager's express written consent. H. The City Manager or designee shall attend, and shall be permitted to attend, all meetings of the governing body, both public and closed, or otherwise consistent with state law. Section 3: Compensation Base Salary: City agrees to pay City Manager an annual base salary of $140,000 for the first year of this agreement and $150,000 for the second year, payable at the same time that the other employees of the City are paid. The City shall execute all necessary agreements on behalf of the City Manager's retirement benefit participation in ICMA -RC Retirement Plan. (The City will pay an amount equal to 16% of the City Manager's annual base salary). Section 4: Health, Disability and Life Insurance Benefits The City Manager shall receive the City's executive insurance package for himself and dependent family members, including health insurance (PPO Plan), other medical insurance available to other employees, life insurance, disability, vision, and non - cosmetic dental insurance. At his option, the City Manager can receive the above stated coverage from the City or in lieu of receiving the coverage may receive $600 per month. B. The City agrees to put into force and to make required premium payments for disability coverage for the City Manager. C. The City shall pay the amount of premium due for term life insurance in the amount of two (2) times the City Manager's annual base salary, including all increases in the base salary during the life of this Agreement. Also at the City Manager's option; the City agrees to pay the full amount of the premium for a "Whole Life" insurance policy selected by the City Manager. D. All provisions of the City Charter and Code, and regulations and rules of the City, relating to annual and sick leave, retirement and pension system contribution, holidays and other fringe benefits (i.e. GAP insurance) and working conditions as they now exist or hereafter may be amended, also shall apply to the City Manager as they would to other employees of the City, in addition to said benefits enumerated specifically herein for the benefit of the City Manager, except as herein provided. Section 5: Vacation and Sick The City Manager shall accrue sick leave at the rate of 24 (twenty -four) days per year. Vacation leave shall accrue at the rate of 25 days per year. The City Manager shall be entitled to accrue and retain, all accrued vacation leave. 2 Section 6: Automobile The City agrees to pay to the City Manager, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $600 per month, payable monthly, as a vehicle allowance. The monthly allowance shall be changed annually by the change in the South Florida Consumer Price Index. Section 7: Retirement The City shall execute any necessary documents on behalf of the City Manager's retirement benefit participation in the Florida Retirement System plan. Section 8: General Business Expenses A. The City shall budget and pay for professional dues, travel, short courses, and seminars. B. City shall pay for or reimburse the City Manager for all ordinary, necessary and reasonable business expenses incurred or paid by the City Manager in furtherance of the City's objectives, all of which shall be reimbursed and paid in accordance with City's policies and procedures of general application. The City shall provide the City Manager with a credit card to be used by the City Manager to pay for these expenses. C. Recognizing the importance of constant communication and maximum productivity, the City shall provide the City Manager a laptop computer, software, and a monthly allowance of one hundred fifty dollars ($150) for mobile phone. Section 9: Termination A. This Agreement may only be terminated for the reasons set forth in this section. For the purpose of this Agreement, termination shall occur: 1. If three members of the City Commission vote to terminate the City Manager without cause in accordance with this Agreement at a properly posted and duly authorized public meeting. 2. If three members of the City Commission vote to terminate the City Manager with cause in accordance with this Agreement at a properly posted and duly authorized public meeting. B. The City shall not reduce the base salary, compensation or any other financial benefit of the City Manager and, if it does, such action shall constitute a constructive termination without cause of this Agreement. 3 Section 10: Severance A. Severance shall be paid to the City Manager when employment is terminated without cause as specified in this Agreement and pursuant to Florida Statutes Sec.215.425 as stated Section 1 (B) above, in the amount of 20 weeks of salary plus benefits. These amounts shall be paid in two equal payments, the first upon separation from the City, the second within thirty (30) days thereafter. 1. If the City Manager is terminated with cause, the City Manager shall receive eight (8) weeks of salary and benefits, to be paid in a lump sum within five (5) days of termination. Section 11: Resignation If either party terminates the agreement, that party shall provide a minimum of thirty (30) days' written notice. Section 12: Hours of Work The City recognizes that the City Manager must devote a great deal of time outside the normal office hours on business for the City, and to that end City Manager shall be allowed to establish an appropriate work schedule. The schedule shall be appropriate to the needs of the City and shall allow the City Manager to faithfully perform his assigned duties and responsibilities. Section 13: Ethical Commitments The City Manager will at all times uphold the tenets of Ethics. Specifically, the City Manager shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund - raising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Provided, however, the City Manager may attend fundraisers for issues or candidates, excluding City of Opa -locka issues or Mayor /Commission seats. The City shall support the City Manager in keeping these commitments by refraining from any order, direction or request that would require the City Manager to violate the Code of Ethics. Specifically, neither the governing body nor any individual member thereof shall request the City Manager to endorse any candidate, make any financial contribution, sign or circulate any petition, or participate in any fund - raising activity for individuals seeking or holding elected office, nor to handle any matter of personnel. The City Manager shall comply with Chapter 112, Florida Statutes and Section 2 -11.1, Miami -Dade County Conflict of Interest and Code of Ethics. Section 14: Outside Activities The employment provided for by this Agreement shall be the City Manager's primary employment. The City Manager may continue to receive residual compensation from 11 activities prior to this Agreement. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City and the community, the City Manager may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements must not create a conflict of interest nor constitute interference with his responsibilities under this Agreement. Section 15: Indemnification A. 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 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 City Manager throughout the pendency of any City of Opa -locka litigation to which the City Manager is a party as a result of acts within the course and scope of his employment, witness or advisor to the City. Such expense payments shall continue beyond the City Manager's service to the City as long as litigation is pending. B. Nothing in this section shall constitute a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. C. Nothing in this section shall create any private right of action against the City by any third party. D. Nothing in this section shall provide for any defense, indemnification or payment if the City Manager acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. Section 16: Bonding The City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 17: Other Terms and Conditions of Employment A. The City, only upon written agreement with City Manager and approved by Resolution, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of, the City Charter, Ordinances or any state or federal law. B. Upon termination of the City Manager for any reason, the City may enter into a separate Agreement with Kelvin L. Baker, with a term of up to two (2) months, for management consulting relating to the transition of the position of City Manager, and the compensation shall be at the rate of compensation, including benefits, as Kelvin L. Baker received as City Manager. 5 Section 18: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the City and the City Manager relating to the employment of the City Manager by the City. Any prior discussions or representations by or between the City and the City Manager are merged into and rendered null and void by this Agreement. The City and the City Manager by mutual written agreement, approved by Resolution of the City Commission, may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the City and the City Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective as of 2015. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both the City and the City Manager subsequent to the expungement or judicial modification of the invalid provision. E. This contract shall be governed by the laws of the state of Florida and venue shall be in Miami -Dade County, Florida. City of Opa -locka Mayor Myra Taylor Executed this day of , 2015. Kelvin L. Baker Executed this day of , 2015. Read and Approved as to Form, Language, Legality and Execution thereof: Joseph S. Geller, Esq. John C. Dellagloria City Attorney on