HomeMy Public PortalAbout18-9449 Approving City Manager Ed Browns Employment Contract Sponsored by: Mayor Taylor
RESOLUTION NO. 18-9449
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.
this 12th day of January, 2018.
MOTION FAILED
Resolution No. 18-9449
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Attest to: Approved as to FORM ONLY:
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Jo.; a Flores BROWN LAW GROUP, LLC
Cit Clerk City Attorney
Moved by: COMMISSIONER RILEY
Seconded by: MAYOR TAYLOR
Commissioner Vote: 2-2
Commissioner Holmes: NOT PRESENT
Commissioner Riley: YES
Commissioner Pigatt: NO
Vice Mayor Kelley: NO
Mayor Taylor: YES
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Vincent T.Brown j (305)6884611
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City Attorney
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MEMORANDUM
TO: City Commission
Ed Brown,City Manager
FROM:Vincent T. Brown,City Attorney
The Brown Law Group, LLC
DATE: January II,2018
RE: City Manager's Contract
Because I have never been asked to review the City Manager's contract,nor was I involved in the negotiation or
drafting of the contract,I am unable to determine its legal sufficienc y or whether the interests of the City are being
properly protected. Therefore,I am only able to approve this resolution as to form only.
END OF MEMORANDUM
City Hall • 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 • (305) 688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
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
ar
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Attest to: Approved as to form and legal sufficiency:
„tt►. _. N� j I
Jo. `a Flores BROWN LAW GROUP,LLC
Cit Jerk 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.
► . Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
44 4
Jo. *a Flores BROWN LAW GROUP,LLC
City 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)thirty (30)
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
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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%) sixteen
percent (16%) 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
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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.
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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
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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 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 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, except for any unethical or illegal acts, 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.
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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 may
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
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and successors in interest.
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
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