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HomeMy Public PortalAbout18-9448 Approving City Manager Ed Browns Employment Contract Sponsored by: City Commission RESOLUTION NO. 18-9448 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING CITY MANAGER, ED BROWN'S, EMPLOYMENT CONTRACT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 17, 2017, the City Commission appointed Ed Brown as Interim City Manager, for a term not to exceed three (3) months and with compensation in the amount of $112,500.00, to become City Manager after completing a Level Two background check; and WHEREAS, on December 13, 2017, the City Commission confirmed Ed Brown as City Manager and the Mayor appointed Commissioner Riley to negotiate his contract; and WHEREAS, the City Commission believes it is in the best interest of the City to approve the City Manager's contract attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby approves City Manager, Ed Brown's, contract. 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 may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of 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 or his designee. PASSEDANDADOPTED this 10`h day of January, 2018. MOTION FAILED Resolution No. 18-9448 44 yra L. aylor Mayor Attest to: Approved as to form and legal sufficiency: 4 It"\->7 Joa a Flores BROWN LAW GROUP, LLC City lerk City Attorney Moved by: COMMISSIONER RILEY Seconded by: MAYOR TAYLOR Commissioner Vote: 2-2 Commissioner Holmes: OUT OF ROOM Commissioner Riley: YES Commissioner Pigatt: NO Vice Mayor Kelley: NO Mayor Taylor: YES Sponsored by: Vice Mayor Kelley RESOLUTION NO. 17-9397 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, HIRING AN INTERIM CITY MANAGER, FROM THE THREE (3) REMAINING CANDIDATES SELECTED FOR INTERVIEWS, THAT WILL BECOME CITY MANAGER UPON PASSING A LEVEL TWO BACKGROUND CHECK; ESTABLISHING A TERM OF APPOINTMENT AND SETTING COMPENSATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 20, 2017, the City Commission convened to discuss applications for the City Manager position and pick five(5)candidates to interview on June 30, 2017; and WHEREAS, after the June 30, 2017 meeting there were three (3) remaining candidates; and WHEREAS, the City Commission believes that it is in the best interest of the City to appoint an Interim City Manager whose term commences immediately after the City Manager's accepted resignation date; and WHEREAS, the City Manager will provide assistance with the transition and acclimation of the incoming Interim City Manager for a maximum of twenty (20) business days after his appointment; and WHEREAS, a Level Two background check is an in depth investigation utilizing fingerprints to search local, state, and federal databases for criminal history and requires eight (8) weeks to complete; and WHEREAS,the appointment of an Interim City Manager is not to exceed three (3) months and the term will terminate upon the completion of a Level Two Background Check, whichever occurs first; and WHEREAS, the City Commission believes it is in the best interest of the City to appoint Ed Brown as Interim City Manager, with compensation in the amount of $112,500.00, who will become City Manager after completing a Level Two background check. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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 hereby hires Ed Brown, as Interim City Manager, with compensation in the amount of $112,500.00, to become City Manager upon completion of a Level Two background check. Resolution No. 17-9397 Section 3. This Resolution shall take effect immediately and is subject to the approval of the State of Florida Financial Emergency Board for the City of Opa-locka, Florida. PASSED AND ADOPTED this 17th day July, 2017 A fra I;. Taylo Mayer Attest to: Approved as to form and legal sufficiency: Jo. a Flores BROWN LAW GROUP,LLC City lerk City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 3-2 Commissioner Holmes: NO Commissioner Riley: YES Commissioner Pigatt: NO Vice Mayor Kelley: YES Mayor Taylor: YES Sponsored by: Mayor Taylor RESOLUTION NO. 17-9437 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CONFIRMING ED BROWN AS CITY MANAGER AND APPOINTING THE MAYOR OR HER DESIGNEE TO NEGOTIATE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, DELINEATING TERMS, CONDITIONS AND COMPENSATION FOR HIS EMPLOYMENT TO PRESENT TO THE COMMISSION FOR RATIFICATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 17, 2017, the City Commission appointed Ed Brown as Interim City Manager, for a term not to exceed three (3) months and with compensation in the amount of $112,500.00, to become City Manager after completing a Level Two background check; and WHEREAS, the terms, conditions and compensation for the City Manager's employment must be negotiated on behalf of the Commission; and WHEREAS, the City Commission believes it is in the best interest of the City to confirm Ed Brown as City Manager and to appoint the Mayor or her designee to negotiate the terms,conditions and compensation for the City Manager's employment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA LOCKA,FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2.AUTHORIZATION The City Commission hereby confirms Ed Brown as City Manager and appoints the Mayor or her designee to negotiate a contract with the City Manager, in a form acceptable to the City Attorney, to be presented for ratification by the City Commission. 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 may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 17-9437 Section 4.EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 13th day of December, 2017. i 4' • . Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joan a Flores BROWN LAW GROUP,LLC Cityt'lerk City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER HOLMES Commissioner Vote: 4-1 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: NO Vice Mayor Kelley: YES Mayor Taylor: YES EMPLOYMENT AGREEMENT BETWEEN The Great City of Opa-locka, Florida AND Eddie R. Brown, City Manager This Agreement, made and entered into this ___ day of , 2018, by and between The Great City of Opa-locka, Florida, a municipal corporation (hereinafter called "City") and Eddie R. Brown, (hereinafter called "City Manager"). Section 1: Term A. The Initial Term of this Agreement shall be for a period of thirty-six (36) months from . After the expiration of the Initial Term, the City shall have the option to renew the term of this Agreement for an additional twelve (12) month period. B. In the event that the City Manager is terminated, as defined in Section 8 of this Agreement, the City Manager shall be entitled to all compensation that shall include salary, all accrued benefits including sick and vacation days, which provides that severance pay provided may not exceed an amount greater than twenty (20) weeks of compensation pursuant to F.S. 215.425(4)(a). c. The City Commission shall perform an annual performance review. D. The completion of the past due financial audits, completion of the city's Financial Recovery Plan and compliance with the State Revolving Fund loan. Section 2: Duties and Authority A. The City agrees to employ Eddie R. Brown 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 Page 1 of 7 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. The City Manager is required to first inform the City Commission of all municipal affairs prior to making any and all decisions on behalf of the city. Section 3: Compensation A. Base Salary: City agrees to pay City Manager an annual base salary of$137,500, 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 eighteen percent (18%) of the City Manager's annual base salary). The City Manager may participate in the city's deferred compensation plan to the maximum amount of seven thousand five hundred ($7,500.00) annually. Section 4: Health, Disability and Life Insurance Benefits A. The City Manager shall receive the City's executive insurance package for himself; including health insurance (PPO Plan), other medical insurance Page 2 of 7 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, or at the City Manager's option, the City agrees to pay the full amount of the premium due for a Whole Life insurance policy with a death benefit equal to the City Manager's base salary. 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 fifteen (15) sick leave days per year and twenty-five (25) vacation leave days per year. Section 6: Retirement The City shall execute on behalf of the City Manager's retirement benefit participation in FRS (The Florida Retirement System) plan. Section 7: General Business Expenses A. The City shall budget and pay for professional dues, travel, short courses, and seminars with prior approval of the City Commission. 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. C.Recognizing the importance of constant communication and maximum productivity, the City shall provide the City Manager a laptop computer, software, and a mobile phone. Page 3 of 7 Section 8:Termination A. This Agreement may only be terminated if the City Manager abandon his job or is formally charged for criminal conduct or misconduct in accordance with F.S. 443.036(29). For the purpose of this Agreement, termination shall occur: 1 .If three members of the City Commission vote to terminate the City Manager in accordance with City of Opa-locka Charter section 3.2, 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 9: 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 in Section 4(A), in the amount not to exceed 20 weeks of salary not less than forty-five (45) days, but not more than sixty (60) days from the date of the termination and in equal bi-monthly installments. B. Severance will be prohibited if the City Manager is terminated for misconduct in accordance with Florida Statutes 443.036(29). Section 10: Resignation If either party terminates the agreement, that party shall provide a minimum of thirty (30) days' notice. Section 11: 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 12: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 Page 4 of 7 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 13: 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 toaccept 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 14: 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. Page 5 of 7 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 15: 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 16: 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 Eddie R. Brown, with a term of not less than six (6) weeks 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 Eddie R. Brown received as City Manager. Section 17: 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. Page 6 of 7 C. Effective Date. This Agreement shall become effective on , 2018. 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 , 2018 Myra Taylor, Mayor City of Opa-Locka, FL Executed on , 2018 Eddie R. Brown Page 7 of 7