HomeMy Public PortalAbout15-8967 Approving a Contract with Kelvin BakerSponsored by: Commissioner Pinder and Commissioner Santiago
RESOLUTION NO. 15-8967
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA- LOCKA, FLORIDA, APPROVING A CONTRACT
BETWEEN THE CITY OF OPA LOCKA AND CITY MANAGER
KELVIN L. BAKER, PROVIDING TERMS, CONDITIONS AND
COMPENSATION; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Mr. Kelvin L. Baker currently serves as the City Manager for the
City of Opa- locka; and
WHEREAS, The City Commission desires to provide Mr. Baker with a contract,
which is attached as Exhibit "A "; and
WHEREAS, Funds are currently provided in the City Budget for Mr. Baker's
compensation and benefits; and
WHEREAS, The City Commission believes that approving a contract with the
City Manager will promote stability and work to the benefit of the City's residents.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference;
Section 2. The City Commission approves of the City Manager's contract
attached as Exhibit "A" and directs the Mayor to execute the contract on behalf
of the City Commission.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 131h day of April' 2015.
Resolution No. 15 -8967
Attest to:
y L. Taylor
Mayor
Approved as to form and legal sufficiency:
Jo a Flores Vincent T. Brown, Esq.
Ci Clerk BROWN LAW GROUP, LLC
City Attorney
Moved by:
Seconded by:
Commissioner Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice Mayor Holmes:
Mayor Taylor:
VICE MAYOR HOLMES
COMMISSIONER PINDER
4 -0
NOT PRESENT
YES
YES
YES
YES
EMPLOYMENT AGREEMENT BETWEEN
The Great City of Opa- locka, FLORIDA, AND Kelvin L. Baker, City Manager
This Agreement, 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 l: Term
A. The term of this Agreement shall be for a two (2) years from , 2015, to
, 2017, and, after the second year, the City shall have the renewal option to
add one (1) additional year 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 that shall include
salary, all accrued benefits including sick and vacation days and any unpaid car or
expense allowances all as permitted by Florida Statutes Section 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 for the City of Opa -locka and to perform other legally
permissible and proper duties and functions without interference.
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, rules and
ordinances 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, city 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
A. Base Salary: City agrees to pay City Manager an annual base salary of $150,000, payable
at the same time that the other employees of the City are paid.
B. 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
A. 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 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 and vacation leave at the rate he is currently receiving.
The City Manager shall be entitled to accrue and retain, all accrued vacation leave.
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 on behalf of the City Manager's retirement benefit participation in FRS
(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
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.In the event a lawsuit is initiated to enforce the terms of this
agreement, the prevail parties shall be entitled attorney's fees and suit costs.
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 breach of this Agreement.
Section 10: Severance
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 ass stated Section 1
(B), in the amount of 20 weeks of salary plus benefits, and within five (5) business days of
termination.
1. If the City Manager is terminated with cause, the City Manager shall receive eight (8)
weeks of salary and benefits, to be paid 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'
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 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 or omission 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, 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 the termination of this Agreement for any reason, the City shall enter into a
separate Agreement with Kelvin L. Baker, with a term of not less than 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 all benefits as Kelvin L.
Baker received as City Manager.
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 on , 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 the day of , 2015.
Kelvin L. Baker Executed this the day of , 2015.
Read and Approved as to Form, Language,Legality and Execution thereof:
By:
Vincent T. Brown, Esq.
City Attorney
EMPLOYMENT AGREEMENT BETWEEN
The Great City of Opa- locka, FLORIDA, AND Kelvin L. Baker, City Manager
This Agreement, 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 Apr, 1 13 , 2015, to
, 2017, and, after the second year, the City shall have the renewal option to
add one (1) additional year 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 that shall include
salary, all accrued benefits including sick and vacation days and any unpaid car or
expense allowances all as permitted by Florida Statutes Section 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 for the City of Opa -locka and to perform other legally
permissible and proper duties and functions without interference.
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, rules and
ordinances 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, city 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
A. Base Salary: City agrees to pay City Manager an annual base salary of $150,000, payable
at the same time that the other employees of the City are paid.
B. 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
A. 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 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 and vacation leave at the rate he is currently receiving.
The City Manager shall be entitled to accrue and retain, all accrued vacation leave.
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 on behalf of the City Manager's retirement benefit participation in FRS
(The Florida retirement system) plan.
Section S: 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
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.In the event a lawsuit is initiated to enforce the terms of this
agreement, the prevail parties shall be entitled attorney's fees and suit costs.
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 breach of this Agreement.
Section 10: Severance
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 ass stated Section 1
(B), in the amount of 20 weeks of salary plus benefits, and within five (5) business days of
termination.
1. If the City Manager is terminated with cause, the City Manager shall receive eight (8)
weeks of salary and benefits, to be paid 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'
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 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 or omission 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, 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 the termination of this Agreement for any reason, the City shall enter into a
separate Agreement with Kelvin L. Baker, with a term of not less than 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 all benefits as Kelvin L.
Baker received as City Manager.
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 on Apr-A 6 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.
Kelvin L. Baker
zted this the 'AA day of 52015.
n
Executed this the'" d day of N �t I , 2015.
Read and Approved as to Form, Language,Legality and Execution thereof-
Vincent T. Brown, Esq.
City Attorney