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HomeMy Public PortalAbout15-9058 APPROVING THE CONTRACT BETWEEN ROY SHIVER Sponsored by: Commissioner Pinder RESOLUTION NO. 15-9058 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 ROY STEPHEN SHIVER, JR., PROVIDING TERMS, CONDITIONS AND COMPENSATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Roy Stephen Shiver, Jr. was appointed City Manager for the City of Opa-locka on September 2, 2015; and WHEREAS, The City Commission desires to provide Mr. Shiver with a contract, which is attached as Exhibit "A"; and WHEREAS, Funds are currently provided in the City Budget for Mr. Shiver'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 4th day of September, 2015. Resolution No. 15-9058 F Myra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: ■•anna Flores BROWN LAW GROUP, LLC ity Clerk City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER PINDER Commissioner Vote: 3-2 Commissioner Kelley: NO Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: NO Mayor Taylor: YES EMPLOYMENT AGREEMENT BETWEEN The Great City of Opa-locka, Florida AND Roy Stephen Shiver, City Manager This Agreement, made and entered into this September ___,2015, by and between The Great City of Opa-locka, Florida, a municipal corporation (hereinafter called "City") and Roy Stephen Shiver, (hereinafter called "City Manager"). Section 1: Term A. The term of this Agreement shall be for a three (3) years from September , 2015, to September 2018, and, after the third 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 Roy Stephen Shiver 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. I. At the direction of the City Commission, the City Manager may also serve as the Opa-locka Community Redevelopment Agency Executive Director. 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 provide the City Manager with an automobile and full coverage automobile insurance during the term of this Agreement. 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 if the City Manager abandon his job or is formally charged for criminal conduct. For the purpose of this Agreement, termination shall occur: I . If three members of the City Commission vote to terminate the City Manager in accordance with this Agreement at a properly posted and duly authorized public meeting. 2. In the event a lawsuit is initiated to enforce the terms of this agreement, the prevailing party 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 I (B), in the amount of 20 weeks of salary plus benefits, and within five (5) business days of termination. I . 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 1 12, 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 may enter into a separate Agreement with Roy Stephen Shiver, 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 Roy Stephen Shiver 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 September , 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. Read and Approved as to Form, Language,Legality and Execution thereof: Vincent T. Brown,Esq. The Brown Law Group, LLC City Attorney Executed on September , 2015 Myra Taylor, Mayor City of Opa-Locka, FL Executed on September , 2015 Roy Stephen Shiver