HomeMy WebLinkAboutR-2009-029 City Manager Contract (Baldwin) RESOLUTION NO. 209-029
A RESOLUTION OF FEE CITY OF ➢ANIA BEACH, FLORIDA,
AUTHORIZING THE CITY COMMISSION 'f0 ENTER INTO AN
EMPLOYMENT CONTRACT WITH ROBERT R_ BALDWIN AS CITY
MANAGBR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVF DATE.
BE IT RF.SOLVF.D BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Cominknon of the City of Dania Beach, Florida, as
prescribed by Part III, Article 3, Section 3 of the City Charter, held a public hearing on
February 11, 2009, at a regular City Commiasiun meeting pertaining to execution of a City
Manager employment contract with Robert R. Baldwin. Notice of the hearing was published
as prescribed by the Charter. Having conducted the public hearing, the City Commissiun
authorizes the proper City Officials to caccute the oontraot with Me Baldwin, a copy of which
contract is attached to this Resolution.
Section 2. That the City Attorney is authorized to make minor revisions to the
provisions of the Contract as deemed to be necessary.
Section 3. That all resulutiom or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 4 Thal this Resolution shall be in force and take effect immediately upon
Its passage and adoption.
PASSED AND ADOPTED un FebrwO 11, 2009.
ATTEST
LOUISE STILSON, CMC ALBERT C. JONES
CITY CLERK MAYOR-COMMISSIONER
APPROVED AS1'tot
FO AND CORRECTNESS,
'IHOMASJ_A R l
CI ATTO FY
R $OLUI ION W20V024
EMPLOYMEN'ECONTRAC'I'
CITY MANAGER
THIS IS AN BMPLOYMFNT CONTRACT She "Contract') entered into on
, 2009, between THE CITY OF DANIA BEACH, FLORIDA, a
municipal corporation of Figure (the "City") and Result R. Baldwin, an individual (the
"Margot'),jointly referred to as"the Parties'.
WHEREAS, the City Commission of City (tire "Commission") desires to employ the
Manager as City Manager of the City of Dania Beach, Florida pursuant to Part III, Article 3,
Section 3 of the City Charter, and
WHEREAS, the Manager desires to accept employment as City Manager of the City of
Dania Beach; and
WHEREAS, the parties desire to set forth in writing in This Contract the terms of
employment with the city;
In consideration of the mutual me agents, terms and conditions conmined in this Contract,
and other good and valuable consideration, the adequacy and receipt of which no acknowledged,
the parties agree as follows:
Section 1. Duties oftbe City Mannar.
Manager is employed by Corm eeien to act as the City Manager, to exercise the powers
and perform the functions and duties specified in Part III,Article 3, Section 4 of the City Charter
and undertake such duties as are otherwise prescribed by the Commission from time to time.
Section 2, Teem
2.1 Manger agrees to remain in the exclusive employ of City fiam the date of
complete execution of this Contract for a period of two (2) yews, beginning on March 12, 2009,
(the Team' of employment
2.2 Nothing in this Commit shall powen6 limit or otherwise Interfere with the right
of the Commission to terminate me services of Manager at any time, Orbital only to cumplinew
with the provisions set forth in Section 3 of this Contract. It is undestood between the parries to
this Agreement that Manager shall be generally considered an "al-will" employee, subject,
however, to the terms of this Contract.
2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Manager to resign at any time from his position with City, subject only to compliance with
the provisions set foM in Section 4 of this Agreement.
3 RESOLUTION 92009-029
Section 3. Termination and Severance Comocusatien.
3A In the event the employment of Manager is terminated without cause by the
Commission before the expiration of the torn of employment as set forth in Paragraph 2.1 of this
Contract, and during such time the Manager is willing and able to perform his duties under this
Agreement, than in that event City agrees to pay Manager a lump sum cash payment (the
severance compensation") equal to three (3) months at aggregate salary, as well as benefits and
applicable insurance coverage for the three (3) month period, provided, Itowovv, that such
termination shall require a minimum of four (4) affirmative votes of the City Commission to
terminate without cause. As provided by the City Charter (Part 111, Article 3, Section 3(a), no
employment contract between a City Manager and the City Commission "shall include any
provision for liquidated damages which would exceed the amount otherwise payable to the City
Manager up a the date of the natural expiration of the contract". For purposes of this Contract,
that provision means that if the employment Of the Manager is terminated at any little within the
last move (3) months at the term of the Contract, then the lump sum cash payment, the benefits
and the insurance coverage shall be atPondyd In amounts equal to the amount of time remaining
in the term, before the expiration date of the Contract Manager shall also be corrpmismed for 411
tamed and accrued sick leave, vacation leave, holidays and all ether benefits.
3.2 The Commission may terminate the employment Of Manager without cause at any
time, with or without ally reason or reasons given. The Commission agrees to afford the
Manager a public hearing regarding the termination, if he requests it. If the Malmgcr wishes to
challenge the termination, the provisions of the City Charter governing dispute resolution shall
apply (City Charter, Pal ill, Article 3, Section 3FC.
3.3 In the event that the Manager is unable to perform his duties as specified in
Section I of this Contact for a period of twelve (12) successive weeks, or for rarely (90)
working days over a one hundred and twenty (120) working day period, this Agreement may be
terminated. In the event last dre Agreement is terminated under Ih[s Section, the severance
compensation specified in this Section shall not be applicable, but the ON shall pay tiremg Malor
or his beneficiary all earned accrued sick leave, vacation leave and all other accrued benefit.
14 In the event the Manager is Nominated for cause, the City shall have no
obligations to pay the severance compensation designated in this Section. For purposes of this
Contract, "for cause" shall mean any cause specified in the City Charter (City Charter, Part Ili,
Article 3, Section 3(a), in which case, correlation shall be amplitude However, the City shall
pay the Manager all earned and accrued vacation leave and all other accrued benefits. NO
accrued sick leave shall be payable In the event of such mania term It the Manager is located
and charged with any offelhse involving moral turpitude or any reason specified in the Charter,
the City ban the right to place him on administrative leave with or without pay. In the eve a the
administrative leave is without pay and the Manager is not convicted, the City shall pay to the
Manager ally and all monies and benefits withheld during the administrative leave
4 RESOLUTION N2009-029
Section 4. Rcsimsti
4.1 In the event Manager voluntarily resigns his position with City before expiration
of the 1'crm of employment, then Manager shall provide the City Commission with at least Nov
days (30) days' written notice in advmmc, unless the panics agree in writing otherwise. In the
event of resignation by the Manager under this Section, the Manager shall not he entitled to
receive the severance compensation described above, nor any insurance coverage paid by City,
but the City shall pay Manager all earned and accrued sick, vacation and other leave calculated or
the rate at pay ineR t upon the datenfthe resignation and all otherarncd benefits.
Section 5 Salary a nd Numal Esintu bn
5.1 the Manager shall receive an =ual salary of $I45,000.00, payable in
mandance with the same poynnent procedures for Department Heads of City. Cost of living
increases shall be credited to base salary as my other Department Head of the Cin. 1NC City
Commission may adjust the salary from time to time.
5.2 '1 he Manager shall receive all other benefits of employment otherwise provided to
Department Heads of City. In addition, upon commencing employment, Manager shall be
credited with ten (10) days of vacation leave and ten (IU) days of sick leave. 11 With such leaves
base mtt h n exhausted before the end of the first near of this Contract, they will not be accmN
and cannot he carried forward.
5.3 file Comunisslon shall, at its option, review and evaluate the pett ance of the
Manager during the annual budget process and in any ease, ore or before October 1 of each
applicable year of the Term. Based upon the results of any evaluation, the Commission may in
its sole discretion adjust the Manager's salary, haelits, or both. Nothing in this Section shall
limit the ability ofthe Commission to evaluate the performance of Mmrager more frequently.
Section 6. Retirement Benefits.
6.1 1 hC City shall alluw the Manager to participate in line Florida Retirement System
retirement plan mailable to other Depomoent Heads of City. 'fin: Manager may, by providing
written notice to the City finance Director, elect to have the City pay funds equal to the amount
that would otherwise hove been contributed to the plan by the City on the Managers behalf and
deposited in a defined contribution plan of the Manager's choice (as provided by Section 19
29,1(a)(5) of the City Code of Ordinances or he may elect to have it paid to him as additional
compensation).
62 Upon the Managers termination or resignation, the City shall transfer ownership
to the Manager of his .share of the plan's Ponds.
5 NhSOLUilON 12 us-09
section 'l. Ivsurance�e.
].1 'fho City shall pay the premiums for the Manager to participate in the same
insurance oe pions as are provided to other Department Heads of me City.
Sxtion 8, Car Allowance.
B.1 City ogees m pay the Manages the sum of 5500.00 per month as a car allowance.
Section 9. Hours of Work.
41 It is recognized that Manager mart devote a great deal of time outside of normal
office hours to ILLsines of the City, and m that end the Manager will be allowed flexibility in
maintaining office hours consistent with his responsibility as a professional. Manager shall not
engage in any outside non-City related business whatsoever.
Swtioa 10. .
10.1 City Manager shall accrue lease at the same rate as is afforded m Department
Heads- N the comet of it resignation by the City Manager in Ne event of tmNnation for cause
pursuant to section 3.4, them shall be a payout of all seemed time consistent with City policy as
defined N fire Civil Service Administrative Code (although sick leave will not be payable in the
on
of emanation for cause, as provided above). In the event of termination without cause,
City Manager shell be paid 100% of accumulated sick leave and venation.
Ste. D'sabllity, Health and Li insurance.
11 1 City agrees to provide City Manager with the same hoalth benefit package
afforded to all Department Heads.
Soo i n 12. Professional Development.
12.1 City agrees to pay the professional dues, subscriptions, travel and subsistence
expenses of Manager for professional participation in mcctlngs and conferences associated with
his employment and professional development and associated shun courses, institutes and
seminars. Travel must be approved consistent with the policy of the Commission which requires
advance Cunuvlssion approval for travel, except in cases of emergency, in which case approval
by the Commission mast be subsequently obtained.
12.2 Manager afraid obtain advance approval from the Commission fur additional
memberships that arc not approved during the budget process that the Manager seeks to have
paid at City expense.
6 mSOLUTION 42gW-029
Section 13. General Expenses.
131 City shall bear the full cost of any fidelity or other hods required of Manager
under the Charter, my law, ordinance or may be required by any entity to allow Mmmagor to
conduct City business, such as compliance with the bonding requirements of a financial
institution.
13.2 The Finance Director or designee is authorized to disburse funds in the amount of
$700.00 per month, on the same date as monthly expense allowance funds are disbursed to City
Department (leads for use by the City Manager for personal exposes associated wide his City
employment.
Section 14, Inlcmnlficadon,
14.1 City shall defend, save harmless, and indemnify Manager against day ton,
professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of Manager's duties. City
in its sale discretion will compromise and settle any such claim or suit and pay the commit of any
settlement or judgment ma eecd on or
in
it This indemnification shall extend beyond
termination of this Agreement for any acts undertaken or committed by Manager in his official
capacity, regardless of whether the notice or filing of a lawsuit for such tort, claim, demand, or
other legal action occurs during the term of this Contract or occurs subsequent to termination.
City shall have the exclusive right to appoint legal critical for all purposes associated with the
provisions of thus Section.
Section 15. Conflict of Interest Prohibition,
15.1 Manager shall not, without the express prier written approval of the Commission,
Individually, or as a Ammer,joint sealant, officer, Shamholdct or any other similar rectum Of
any kind or nature; whatsoever, invest or participate in any business venture which conducts or
intends ro conduct business within the corporate limits of the City, except for stock ownership in
any company, the capital stock of which is publicly held and regularly traded.
15.2 Except for purchase of a personal residence, Manager shall not own or invest in
any real property within the corporate limits of the City, without prior notification to and
advance written approval by tho Commission, which approval may be withheld by the
Commission in It sole discretion.
Section 16. Other Terms and Conditions i f gmQlo ace
16.1 The Commission, in consultation with the Meager shall fix any such other Terms
and conditions of employment s the Commission may ddomniae from time to time, relating to
the performance of Manager, provided such twos and conditions are not inconsistent with or in
conflict with the provisions of this Contract, the City Charter or any other law.
7 RESOLUTION c2009 029
16.2 In addition to the benefits identified in this Contract, City agrees to provide
Manager with any and all other benefits that apply to all Department Decide of the City.
Section 17. General Pruvjwuja
171 This Carthusian contains the complete understanding of the porous and superwdes
any oral statements or representations made by the parties. This Contract shall not be amended
unless the same formality is observed as was used in the formation of this Contract.
19.2 The rights and obligations granted in this Contract are personal in nature and
.snot be transferred or assigned by the Manager.
173 This Contract shall became effective upon execution by City officials on behalf of
the Commission after a public hearing has been conduced as prewribed by the City Charter_
194 If any provision or any portion of this Contract is held unconstitutional, invalid or
unenforceable, the remaimler of this Contract or unufiwled portions of it shall not be aff tH
and shall remain in full farce and effect.
19.5 This Contract shall be governed by Florida law and venue for any litigation
arising from this Agreement shall be in Bmward County, Florida.
1]6 In any litigation arising out of the terms of this Contract. each shall bear its awn
attorney fees and costs
1 T] Manager and Cotnmisslon each had assistance of legal counsel or the opportunity
and means to retain such assistance in connection with the preparation and review at the terms of
this Contract and none of its provisions shall be construed more strictly against one party or the
other, since the Parties mutually negotiated the terms of this Contract and it was prepared in
writing accordingly.
IN WII NESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY OF DANIA BEACH, FLOW DA
Al IES'1':
BY:
Albert C. ]ones
Mayar-Commissioner
BY:
Louise Stilson,CMC City Clerk
APPROVED AS TO TCGAL SUFFICIENCY:
BY:
Thomas .]. Aware, City Attorney
8 RESOLUTION k0009.029
Signed, sealed and delivered CITY MANAGER
in the presence of the following witnesses:
Print Name Robert R. Baldwin
Signature
Print Name
Signature
S IAI E OF FLORIDA
COUNTY OF BROWARD
The f'uregoing instrumeal was acknowledged before me on
2009, by Robert Baldwin, who is personally (mown to me or hm pmduccd
as identification and did (did not) take an oath.
Nolan Public, State of Florida
My Commission Expires.
9 RESOLUTION '2009029