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Res. No. 165-09-12974 (2)RESOLUTION NO. 165 -09 -12974 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TERMINATING W. AJIBOLA BALOGUN AS CITY MANAGER; AUTHORIZING THE PAYMENT OF SEVERANCE PAY IN THE AMOUNT SPECIFIED BY TIIE CITY CHARTER; AUTHORIZING THE CITY ATTORNEY TO COMMENCE LEGAL ACTION TO SEEK DECLARATORY RELIEF FROM THE CIRCUIT COURT TO DETERMINE THE VALIDITY OF THE SEVERANCE PAY PROVISION OF THE CITY MANAGER'S EMPLOYMENT AGREEMENT WITH THE CITY, AS AMENDED BY THE ADDENDUM TO THE EMPLOYMENT AGREEMENT; AUTHORIZING THE FUNDS TO BE DISBURSED FROM ACCOUNTS NUMBERS: 001- 131.0 - 513 -1210 AND 001 - 1310 -513 -2110; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission is terminating City Manager W. Ajibola Balogun and thirty days severance pay is due to him under Article III, Section 3 of the City Charter; and WHEREAS, there is some doubt as to the enforceability and validity of the City Manager's Employment Agreement with the City and the Addendum thereto as they relate to severance pay. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; THAT Section 1. City Manager W. Ajibola Balogun is hereby terminated and he shall immediately be paid thirty days salary due to him under Article III, Section 3, of the City Charter. Payment shall be as follows thirty-day severance in the amount of $14,162.37 to be paid from Account No. 001- 1310- 513 -1210 and the portion of Fica and Medicare in the amount of $205.35 to be paid from Account No 001 - 1310 -513 -2110 with accounts balance o£$345,011.19 and $22,846.84 respectively. Section 2. Section 3. The City Attorney is hereby authorized to file an action for declaratory judgment seeking a determination from the Miami -Dade Circuit Court as to whether the former City Manager's Employment Agreement and Addendum thereto are enforceable and valid as the amount of severance pay specified in Article III, Section 3 of the City Charter, protects the taxpayers' interests by placing a limitation on severance pay for the City Manager, Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of October, 2009, ATTEST: APPROVED: 7 c 6CLERK_ OOR COMMISSION V TE: 3 -2 READ ANDS APROVED AS TO F RM: Mayor Feliu: V Nay Vice Mayor Beasley: Yea C / Commissioner Palmer: Nay v �L/iv29�12« Commissioner Newman: Yea CITY ATTORNEY Commissioner Sellars: Yea Additions shown by underlinine and deletions shown by ^°^°g. Page 2 of 1 Menendez, Maria M. From: Menendez, Matilde Sent: Wednesday, October 07, 2009 7:11 PM To: Menendez, Maria M. Cc: 'Mark A. Goldstein'; 'aslanf @aol.com' Attachments: Payout Calculation.pdf Maria, Attached is my calculation of the cost to the City of terminating the City Manager, Matilde G. Menendez, CPA Finance Director City of South Miami 6130 Sunset Drive, A 33143 Office (305) 663 -6343 Fax (305) 663 -6346 10/7/2009 Terminantion payment Calculation W. Ajibola Balogun Fica /Medicare $3,165.73 Total Cast to City $248,451.01 Note: (a) 6 months Amount/ Hourly Description Hours Rate Total Bi- Weekty Salary (a} $ 14,162.37 $84,974.22 Two Day Salary (1015 -10/6) 16.00 $81.711 1,307.37 ICMA Deferred Comp. 18% 15,530.69 AFLAC Insurance $ 211.22 1,267.32 Life Insurance $ 28.05 168.30 Long -Term Disabily $ 33A0 198.00 Health Insurance $ 1,480.91 8,885.46 Dental insurance $ 126.02 756.12 Vision Insurance $ 25.58 15148 Sick Leave 752.00 $81.711 61,446.37 New Vacation Leave 216.00 $81.711 17,649.49 Old Vacation Leave 632.00 $81.711 51,641.10 Birthday Holiday 8.00 $81.711 653.68 Floating Holiday 8.00 $81.711 •653.68 $245,285.29 Fica /Medicare $3,165.73 Total Cast to City $248,451.01 Note: (a) 6 months PR508I03 CI'L'y OF SOUTH MIAMI 10/07/09 19:32:97 Employee Status Information Employee . . . . . . . . . . . 163010 BALOGUN, AJISOLA W Pay grade /step . . . . . . . API 1 81.7060 81.7060 Hourly or salaried . . . . . . . H H= Hourly, S= Salaried Exempt from overtime . . . . . . Y Y =Yes, N =No Start of overtime hours . . . . Overtime hours code . . . . . Hours work per year . . . . . . 2080.000 Hourly rate . . . . . . . . 81.7060 Pay period rate . . . . . . . .. 6,536.98 Monthly rate . . . . . . . . . . 14,162.37. Annual rate . . . . . . . . . : 169,998.98 Alternate hourly rate . . . . . .0000 Overtime rate override . . . . . .0000 Premium rate override . . . . . .0000 Second shift additional . . . . .0000 Third shift additional . . . . . .0000 Fourth shift additional . . . . .0000 Press Enter to continue. F3 =Exit F12= Cancel F18= Additional rates PR504U01 CITY OF SOUTH MIAMI 10/07/09 17 :39:45 Accrual Information Employee . . . . . 163010 BALOGUN, AJIBOLA W Type options, press Enter. S= Display 7= History 9 =Code History Opt Accrual Type Previous Current Total Usable 8.000 BIRTHDAY HOLIDA .000 8.000 8.000 COMPENSATORY TI .000 .000 1000 .000 FLOATING HOLIDA .000 8.000 8.000 8.000 FURLOUGH REIMB- _ NEW VACATION LE .000 108.000 .000 108.000 .000 216.000 .000 216.000 - SICK LEAVE 688.000 64.000 752.000 752.000 - OLD VACATION LE 632.000 .000 632.000 632.000 Bottom F3 =Exit F12= Cancel EMP ((ity Contribution) $372.84 +�•�u EMP + Children $659.93 $287.09 $143.54 EMP + Spouse $734.50 $361.66 $180.83. .Aso C-11i„ $1.099.88 $727.04 $36152 EMP $432.52 4;oa.au $5.65 EMP + CHILDREN. $765.56 $392.72 $196.36 EMP +SPOUSE $852.06 $479.22 $239.61 EMP +FAMILY $1,275.93 $903.09 $451.54 ggi EMP $34.96 $23.60 $11.80 $502.01 $129.17 $64.58 EMP EMP +CHILDREN $888.55. $515.71 $257.85 EMP +SPOUSE $988.95 $616.11 $308.05 EMP +FAMILY $1,480.91 $1,108.07 $554.03 (City will contribute Reduced Benefit Rate - Employee Only of $372.84 per month) EMP (City Contribution) $22.46 $11.10 $5.65 EMP +CHILDREN $45.16 $33.80 $16.90 , EMP +SPOUSE $45.70 $34.34 $17.17 EMP + FAMILY $74.06 $62.70 $31.35 ggi EMP $34.96 $23.60 $11.80 EMP +CHILDREN $78.62 $6726 $33.63 EMP +SPOUSE $70.54 $5918 $29,59 EMP + FAMILY $126.02 $114,66 $57.33 (City will contribute Reduced Benefit Rate - Employee Only of $11.36 per month) EMP $6.50 $6.50 $3,25 EMP +CHILDREN $12.36 $12.36 $6.18 EMP +SPOUSE $13.00 $13.00 $6.50 EMP +FAMILY $25.58 $25.58 $12.79 (* 2 year rate guarantee.) ( ** 20t40/60IPrescriptions) Rev 08/2009 Human Resources ME .-loot No MINI, HAI r r b ! N N p ! MNt + {{ U I l vN1 wql � 1 1 aw qi N N 1 IHO/ N N 1 ?1� 1 rt rt i 1 � 1 I N N I 1 1 1 1 1 1 1 1 I pegt i n r 1 1 1 1 1 1 1 1 1 1 .1 xl ! + M t 1 W�HOI r1 H 2J11 1 1 I 1 I O+AJ t 1 H OM l I �`•.V 1 ! O11 I £MIA 1 QC I b W O r�[YYi O 4 i u p 1 N N pp 1 O O CHI 1 wovl 1 v Vt�N i i H ?I P•H 1 I u HmOi r N V W i at i M I H ' m1 1 Itj I UI I R I N 1 e N I 1 � 1 1 M 1 1 b 'fl 1 1 V ! 1 t N 1 t !d •H 1 1 ri 3l 1 1 ki 1 1 P J3 H Mo � 1 1 � / 1 1 1 O 1 I rl 1 1 1 1 1 1 � 1 1 Ni0 I at (�-t msNtl i 01 1W'? 1 1 0, Out of wwwl ADDENDUM TO EMPLOYMENT AGREEMENT This Addendum To Employment Agreement ( "Addendum ") is made this day of March, 2009, between City of South Miami (hereinafter, "City ") and W. Ajibola Balogun (hereinafter, "City Manager): WHEREAS the City and City Manager previously entered into an Employment Agreement on June P, 2008; WHEREAS subsection 4.3 of the executed employment agreement does not establish a minimum merit increase and the last section that provides that in the event the city manager does not receive a performance review 60 days prior to his anniversary date that he would receive an automatic merit increase in the minimum amount established under the contract is therefore meaningless; and, WHEREAS the parties wish to amend the Employment Agreement to delete the last sentence of subsection 4.3. WHEREAS Subsection 6.5 of the executed employment agreement does not accurately reflect the intent of the City Commission to pay the City Manager a lump sum: severance payment of six months as severance pay if he is terminated for convenience. WHEREAS the City of South Miami and W. Ajibola Balogun wish to amend the employment agreement by deleting "during the first year of the Agreement term" from the first sentence of subsection 6:5. NOW TUEREFORE, in consideration of the promises and mutual covenants set forth, the parties do agree to amend the Employment Agreement as follows: 1 _ Subsection,43 of the Employment Agreement is amended to read as follows: The Commission shall review the performance of the City Manager annually, not later than 60 days before the anniversary date established in this Agreement, and in accordance with established criteria for the annual performance reviews for the City Manager. 2. subsectior 6.5 of the Employment Agreement is amended to read as follows: In the event that the Commission terminates this Agreement "for convenience" the City shall pay the City Manager a lump sum cash payment equal to the City Manager's base salary for six (6) months as a severance benefit. The severance benefzt.shall be paid within seven (7) days of the effective date of the termination. In addition to the severance benefit, the City shall continue to provide all insurance benefits from the effective date of the termination for a period equal in time to the basis of the severance benefit. The City shall not be obligated to pay for any other allowances or benefits after the effective date of termination and shall not be financially obligated to the City manager thereafter, except as may be required by the indemnity provision herein. 3.. There are no additional changes to the employment contract. The remainder of the original agreement is in full force and effect. IN WI:'fNI;+SS WHEREOF, this Amendment to the Employment Agreement has been executed and delivered by a duly authorized officer of the City of South Miami and by the City Manager Employee on the date first above written. ATTEST: Marie n z, City Clerk < APPROVED AS TO FORM: . Figueredo, Attorney 4 LI SOI7i MIAMI — 6130 Sunset Dr South Miami, Florida 33143 Ajibola Balo n, City Manager 15150 SW 166°x° Street, Miami, Florida 33187 �,g e g City Clerk of the City of South Miami, Miami -Dade County, Florida do hereby certify that this is a true and coned copy of Addendum of Employment Agreement between the City of South Miami and W. Ajibola Balogun as shown in the official records of the City of South Miami, Miami -Dade County, Florida. Given under my hand and seal, this day of j i�, 2009. City Clem 29 -09 -12838 RESOLUTION NO.' _. - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CI'T'Y OF SOUTH MIAMI, FLORIDA, TtEI ATiNG TO TIME CITY MANAGER'S CONTRACT; AUTHORIZING "CITE EXECUTION OF AN AAMENDMENT ; PROVIDING OAN EFFECTIVE DATE. THE CITY OF SOUTH MIAMI AND W. 12678 the emmployment agreemen f between WaAjibola Balogun and sC City o£ South Miami Sand, on No. 81-08- WHEREAS, Subsection 4.3 of the executed employment agreement provides that in the event the city manager does not receive a performance review 60 days prior to his anniversary date that he would receive an automatic merit increase in the minimum amount established under contract; and, WHEREAS, the employment contract does not establish a minimum merit increase, thus rendering the sentence meaningless. WHEREAS, the City of South Miami and W. Ajibola Balogun wish to amend the employment contract by deleting the, reference in the contract that provides for an automatic merit increase if the commission does not provide the city manager with a performance review 60 days prior to his anniversary date. WHEREAS, Subsection 6.5 of the executed employment agreement does not accurately reflect the intent of the City Commission to pay the City Manager a lump sum severance payment of six months as severance pay if he is tenninated for convenience. WHEREAS, the City of South Miami and W. Ajibola Balogun Wish to amend the employment agreement by deleting "during the first year ofthe Agreement term" from the first sentence of Section 6.5. NO'W` HEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, Section1. The above whereas clause are incorporated by reference into the body of this resolution. Section 2. The proposed amendments to the contract between the City of South Miami and W. Ajibola Balogun are approved. Section 4. This resolution shall take effect immediately upon approval PASSED AND ADOPTED this 2rc1day of March, 2009 Gallop & Figneredo, P.A. of City Attorney APPROVED: —i! MAYOR COMMISSION T 5 0 Mayor Feliu: Yea Vioe Mayor Beasley! Yea Commissioner Newman: Yea Commissioner Beckman: Yea' Commissioner Palmer: Yea CITY OF SOUTH 14112 + INTER--OFFICE bRZ10RAtT. 1 M L.l... To: Mayor and City Comrn'n• Bate: February 11, 7003 From: Luis Figueredo Re: City Manager contract subject: 'This mcmorandum explains the proposed amendment to the contract between the City Manager and flxe City of South Miami, At the time the employment. agreement was amended and approved by the City Commission subsection 4.3 was modified in a manner that rendered the final sentence meaningless: Subsection 4.3 provides for annual perfoimance reviews of the city manager. The last sentence originally provided that in the event the city manager did not receive a performanoe review 60 daps piitir to his anniversary date he would receive an automatic merit increase in the maisnum amount established under the contract The maximum merit increase amount established in the contract is seven percent (7 % ). During the COmmisslon's consideration of this matter a motion passed modify the automatic increase to the minimum merit increase amount established under r the contract The contract does not establish a minimum merit increase. The provision is therefore rendered meaningless. The Commission.by acclimaiionhas directed ca erzdation jr, minimum at the final increase be established at zero. In light ofthe foregoing' my sentence that addresses merit iuoreases format that I am recommending a be de eted from the depicts the language hi strike through oantzact. . Itee.ni nendatiou: Approve a resolution accepting proposed amendment to the contract cc: w. Ajibola Balogua, City of South Muni ADDENDUM TO EMPLO'YME3NT AGREEMENT This Addendum To Employment Agreement ("Addendum ") is made this,, day of March, 2009, between City of South Miami (hereinafter, "City ") and W. Ajibola Ealogun (hereinafter, "City Manager)- WHEREAS the City and City Manager previously entered into an Employment Agreement on June 3�6, 2008; WHEREAS subsection 4.3 of the executed• employment agreement does not establish a minimum merit increase and the last section that provides that in the event the city manager does not receive a performance review 60 days prior to his anniversary date that he. would receive an automatic merit increase in the minimum amount established under the contract is therefore meaningless; and, WHEREAS the parties wish to amend the Employment Agreement to delete the last sentence of subsection 4.3. WHEREAS Subsection 6.5 of the executed employment agreement does not' accurately reflect the intent of the City Commission to pay the City Manager a lump sum severance payment of six months as severance pay if he is terminated for convenience. WHEREAS the City of South Miami and W. Ajibola 13alogun wish to amend the employment agreement by deleting "during the first year of the Agreement teen" from the first sentence of subsection 6.5. NOW 11E12EFQItE, iu consideration of the promises and mutual covenants set forth, the parties do agree to amend the Employment Agreement as follows: 1. Subsection 4.3 of the Employment Agreement is amended to read as follows: The Commission shall review the performance of the City Manager annually, not later than 60 days before the anniversary date established in this Agreement, and in accordance with established criteria for the annual performance reviews for the City Manager. 2. Subsection 6.5 of the Employment Agreement is amended to read as follows: In the event that the Commission terminates this Agreement "for convenience" the City shall pay the City Manager a lump sum cash payment equal to the City Manager's base salary for six (6) months as a severance benefit. The severance benefit shall be paid within seven (7) days of the effective date'of the termination. In addition to the severance benefit, the City shall continue to provide all insurance benefits £torn the effective date of the termination for a period equal in time to the basis of the severance benefit. The City shall not be, obligated to pay for any other allowances or benefits after the effective date of termination and shall not be financially obligated to the City manager thereafter, except as may be required by the indemnity provision herein. 3.. There are no additional changes to the employment contract The remainder of the original agreement is in full force and effect. IN WITNFSS WIMRFOY, this Amendment to the Employment Agreement has been executed and delivered by a duly authorized officer of the City of South Miami and by the City Manager Employee on the date first abo e written. CITY OF SO MIAMI 6130 Sunset Dri ATTEST: South Miami, Florida 33143 Mazia M. Menendez, City Clerk (! W. Ajibola Balo n, City Manager 15150 SW 16e Street, Miami, Florida 33187 APPROVED AS TO FORM: WITNE ES: rguere o, r I, %r%ahra /� %�f�nendrR7 City Clerk of the City of South IC7iamivliami -Dade County, Florida do hereby certify that this is a true and correct copy of Addendum of Employment .Agreement between the City of South Miami and W. Ajibola Balogun as shown in the offleW records of the City of South Miami, Miami -Dade County, Florida. Given under my hand and seal, this 3t ° day of Ihtt. 20M City Cler ETv LOS'MXNT A- GREEMENT BETWEEN , CITX or SO;UTFIMUMi AND W. AMOT ABAEOGUN J 4i , 2008, by and This Agreement is made and entered ' Citt") day Aixbaia Balot?un (herema ter, between the City of South Miami (hereinafter, Y'} nageP'), which hereafter may be individually referred to as a "party" or be collectively "City Ma re €erred to as "pardes ". In. consideratkn of the promises, mutual covenants, conditions, provisions and undertakings contained in this Agreement, and for other good and valuable consideration, and receipt and suffc,eucy of which is hereby acknowledged by both patties, the Part= covenant and agree with each other as follows. t X, APPOD MENT AS Crry MNAGER h its Mayor The City, pursuant to art. Iff see I of the City Chatter and act ? 47 7 toaemploy Commission ("Commissieel have by City Resointlea W Aiibola]3 ale n as its City Manger. Mr Balaauri upon approval of the terms of tbis Agreement by the Commission, agrees to serve as the City Manager of the City of South Miami in accordance with rho Perms and conditions of this Agreement- 2. tE?hlSOI?EWLoYMMXNT The City Managcx, pursuant to at Lt sec 7A of the City Cbarter> serves at the pleasure of the Commission, which is empowered to terminate the services of the City Manager at any time in accordance with the provision 0 f this Agreement. This Agreement shall continue for a fi)wd term of sixty (60) months, beginning March 24, 2008. Rxeept as otherwise provided in this agreement, City Manager shah remain the exclusive employee of the City. however, the City Manager shay devote his personal time and interest to matters relating to public sarvioe such as community service, teaching writing, speakng engagements, pro bono services and other professional codeavors activities require that the City during the City Manger's offiduty tone In the event any Manager engage in non city related activity during his scheduled working hours, We City schedule commitments to the City Commission and recdeivetthe approva of the City Commission ssiaa prior o Participating in tiro activity purth rmore the City Manager, prior to engaging in such endeavors, shall ensure that such endeavors: (t} do not violate the prohibition against dual office holdings; (zS) do not create reality or appearance Ofconiiiet of interest; and page I of9 �y) do not materially detract fiom the time or schedule to accomplish the City Manager's duties or objectives. This 'lZniployment. Agreement neither alters the nature of the employment from an "at- will" Florida- employment "or creates a property right to employment under the laws of the State o£Florida. 3, D'f)TW-S AND RESPO NSEafLl` S OF'THE CITY NANAGER . for The City Manager, as the Chief Administrative o� er' of adopted by the Co emmission,eand the administration of all City affairs. for carrying policies for implementing the City budget andprograms as directed by the Commission Te City Manager shall report and be accountable only h to the Commission. The City Manager sball.perform those duties prescribed by art a sea. S and other relevant provisiims of the City Charter, prescribed bylaw or infer -local agreement and as directed by the commission, em lc eel, The City Manger sfial! be solely responsible for luring and terminating City p y subject to limitations impaled by budget authorizations, funding availability or policy d rection by the Commission Of The City Manager shall devote his time and interest to the city's W, s bj whatever tune day or day of week reasonably required or scheduled by the City Manager, subject to a minimum average of forty (40) boos per week The City Manager shall report to the City Attorney any alleged violation of Federal, State or ell as any violations of any trams of this contrac City laws, codes; ordtnances as w t The City Manager warrants that: i He does not now have, and that he will not knowingly enter to any contract or relationship with another person or entity that a creates a conflict or interest as fire term is described in ses. 2 -1 l. i o£ the code o£. luliame -i7ade County and thwoiWs conflict of luterest and Ethics Codes, He has not paid or agreed to pay any parson any consideration for the procurement of this Agreement. He will uphold the State, County and City ethics does and the Florida Public Meeting and public licoords laws (Sunshine Laws), and !n the event he has any concerns or reservations about any pending actions as they may relate to the above topics, he will seek legal advice from the City Aftomey andtor direeteon from the Conumssim c) Cdi) (lv) Page 2 0£9 _A0 4 )DVTWS d,.N 1 XSPOl`ISWM'T)` . Op' T"-" CITY 4.1 To the extent practical, the Commission memo and shall otlter City matters matter direct Y regarding the financial condition, operations, p eminent City staff, re the City Manager, who sball address those matters With ftxe p consnliants, Contractors and advisors For, response to the Cornimission 4.2 No Commission member, acting atone and without authorization of the Commission, shall direct the City Manager to enter into or terminate any contract or to employ any Person or, to grant or withhold finds to any person or to instruct any person tinder the City r, to s authority to take ar refrain from taking any Specific action This Paragraph, 'shall not be. applied to limit the non'interferexmo provisions o£ art Vt sec 7 of ft City Ci,arter. 4.3 The Commission shall review the performance of the City Manager anent, a not later than " days before the anniversary date established in this Agreement and in - accordance with established criteria for the annual perforrnanCe reviews for the l be Manager. Merit incseaso of a minimum established in tbo Agreement shall be, antomaficalty awarded to the City Manager on the ° 59 day before rho anniversary date'' if Commission fa'sls to perform or camp"t, p frTn once review for the Mattag+x 4,q a Commission sbafl Consider such factors as job performance, experience, and or Other r2'otors as length of employment, satisfaction of objectives, responsive amrual merit salary the cotnraission may deem to be important. in determining increase 4.5 The Couu»isszon for vnforeseell fiscal adversity, may elect to either temporarily or permanently reduce the saiary and/or benefit payments of City emplaye�s, it e event n e Commission: salary or other benefits of the City Manager in an a heater percentage then as equivalent "soross -the bear@ reduction Of salary or to a bensSis o£ all foil -time City employees, or in the event the City re o notification with any other subs4an. provisions of this fsucamcti nits City, have by the City Manager witbin fiftcan, (15) days of such action, shall have fortycont (ues days from such notice wit which to cure the violation. if the violation Continues ovisions, as described beyond the cure period it shall Considered a constructive termination " convenience" in Phial case the associated severance pr Pursuant to the berein; shall be' effective as of the day. the ect immediately violation before the violation_ salary, benefits or other conditions in effect page 3 of 9 5. SAf ARY AND i3ts "&F'T8 5.1 salary, 5.1.1 The City Manager shall initially zeceive an annual base salary ty Manager $165,goo.00 eommeAcing from the Y artion at of other salaried and paid in the same 5'equency p p u red deductions. The City' employees and subject to the same legally re i City Manager shall to be considered for a maximum of seven percent (7 %) refit increase effective an his anniversary date. 5.1.2 For no additlonal compensation, the City Manager shaII continue to sevee as Public Works Director until September 30, 2008- 5.1.3 The City Manager shall be entitled to and re b�zv gxan4ed to other cost of- living adjustment (COLA) as mat role, if y, administrative employees. The City Manger's . an in negotiating such and adjustment with recognized collective bargaining organizafton sball not be considered a coufliet of interest' S.2 Benefits '�vaca'on 5.2.1. The City Manager shall accrue the mo °,he city Merger may timer. 8) 1.0 days of `sick time p Mana er shall accumulate unused vacation fire. In addition, the Caty g ersonal receive personal days intrc same fashion city employees accrue p days. 5.212. The City Manager shall' be entitled to all paid holidays customarily granted to all City employees. 5.2.3. All comprehensive medical, dental, vision, disability and other healer City Manager and, wellness insurance options shall be available torhe C so and his fa;m'ly at no cost to the City Manager. provide the City Manager, at the City's expense, a I and life annual physical examination, sePPlameatal life insurance and life insurance coverage in an amount equal to the city Manager's annual base salary 5.2.4. The City stall contribute to a deferred compensation plan selected. by the city Manager m an amount equal to eightcen percent (L8 °1o) of the City Manager's annual base salary Such contributions shall occur on a pro- rated basis pa City City pay period, 5.2 5. lire City shall provide the City Manager with a monthly expense allowance equal to the allowance provided to a member of the city Commission. 5.2.6. .Because Of the nature of theme 11 f a fako -home automobile, The the City Manager will rsqu` for persona use, rn the event the take lxamc vehicle may �utit3riaea tom bile currently used by the City Cormvissian elects to rep page4o €9 Manager, any replacement automobIIe ill be use his- own motor & similar Accomliagly, the City ManageC may, at his option, vehicle or.continue to use the auto mob. provided. bifeb he city sbalt tha City Manager elects to use a city p be responsible for any Pay of its puresase and alI ease's related to its opexatlOn muliutenanae, repair> fuel and replacement The City sh 'it sortal pay for ail liability, property eamPretzensive uninsur'd motorist p pay for all I' o i and medical tnsurance £oz the aniomobile If the City Manager elects to use an auto UP, which is nallO e of $550 the and a the City shall pay the City manager a fuel allowance $200 monthly gas allowance. Tse fuel allowance snail 6o adjusted amntrally by the City Convnissfom based on fact costs. 5.3 ) rfrupmemt 5.3.1 The City shall provide at no cost to the City Manager all equipment, material and devices e at no 0, or desired to efficiently and effectively . 'any out the City Manager's dunes to the Ciders dittgital assistant include, but not limited to: a cellular Phone, , p ui mertf etc. ant radio, pager, bard bat, reflective vest, emerg y O P AO equipment, material and devices so provided shall remain th by the City of the City and shall be immedlatelY returned to the city b Y Manger upon fermination or expiration, of this Agr 5.3.2 The City shall indammity, defend and hold harmless the City Manager against any toil, Professional liability claim Or demand or any other action arising of am alleged act or omission occurring fr perfartvance of the City Manager's duties, The City will litigate the O.Promise or settle any such claira,�dem adm l action dclit oanyally amount of any settlement or judgm the City, or its insurer, will Provide suitable legal ropzesenfafiom £oz the city Manager for any and all Proceed"gs> mrodiatic n arbitrations, lam suits oz appeals related to or arising Out of the City Manager's afiyliaand with the City. The City shall be under no obligation to indexOmify and to have hold baznriess the City Manager whera se is found acted dishonestly, in bad fa?th or im a mann'r exhibiting wanfon and vrfiiue disregard of human rights, safety or Property. Isis WemOificatiam provision shall survive the termmatl0a of this .(agreement. . page 5 of 5.3.3 The City Manager shall fnmish a surety bond to be approve by the Commission . as required under art. Vl, sec 2 of the charter, City in such amount as may be determined by the Commission. "X110 CityManager responsible for payment of the premium o €this bond. X- Ct within 30 shall secure a surety bond, upon approval of the commission days of the effective date o£tbis agreement. 5.3.4 The City sban pay registration, travel and per diem expens0s, as authorized bylaw, for the City Manager's attendance and rePresenfation o € the City at the , for the City Coition Manager AS5oaiation, the Florida City/County Management Association and the Florida Tag, e Cities annual conferences, and any other related eonfexences, meetings, conventions or seminars flee Commission may direct or authorize the City Manager to attend reasonabl 5.3.5 The City s7iall reimburse th&City manager for peziinent, e and customary pro£essianal society or association fines. subscriptions, fraining or other costs related to the continued professional growth. and recognition of the City Manager. g T)gR MATION 6.l The City may terminate this Agreement with or without cause in accordance with alt, ill, so, 3 in the City Charter, subject only to the severance prov sion set forth in this Agrecment. 6.2 Xhe terra, "for cause'sbail be d4ned to mean {I) breach of our material term or condition of tbis agreement; (2) conviction of a felony during the term of this agreement; (3) misconduct in office; (4) gross insuboxdsnation and or vrill€ul neglect o£ duty, or (5) a knowing or inteptional violation Rf the Florida or Miami -Dade County conflict o£ interest and code o€ ethics laws. A "£oz anise" termination decision maybe reviewed by the circuit court in an original actionor a de novo review proceeding 6.3 Yn the event that the Coinnnssion wishtess bmiterminate tt A "Otice� of Lnlmtr €to el the Commission shad £zs detailing the reaso °(s) oam diseipline/tetminate" in writing to the City Manager. _ of the intent, Upon rcaeipt or the 1Sotiae o£intent to disaiglin� herring hall City Manager shall have seven (7) days to request a Bearing . be afforded to the City Manager with n thirty (30) days. Fag& 6 of9 . 6.4 In the event that the Commission terminates this Agreement "for cause", the City shall not be obligated to pay and kic City Manager shall aot.be entitled to re any severance camgensation other than. the cash value of accrued but unused leave, tio or sick time, and any salary and other benefits e m ts earned up to the effective date of the teimivatiou, unless the amounts for aocCOal owed leave and sick time are used[, yment four unused leave rs sick time shall be Manager n the City. paid. within seven (7) days of the effective dam of the tcrmiiiation. 6.5 in the event that the Commission termfates this Agreement "far convenience" during due fast year of the Agreement term, the City shall pay the; Manager a lump sum cash payment equal to the City Mawgpr°s bas kh e salary for six (6) months as a severance benefit The severancebenefit shall be paid within seven (7) days of the effective date of the termination. In addition to the severance benefit, the City shall continue to provide all insurance benefits from the effective date of the termination for a Period . equal in time t the basis other allowances orbenefiis after the effective date obligated to pay £or any red to the City manager o£ termination and shall not be by rth indemn ty provision herein. thereafter, except as may be requ r In the event the City Manager terminates this Agreement, the City Manager shall not be entitled to severance benefits. q, RE' URN OF PROPEIZty T.l Immediately upon tcrminat%n of this agreement the City IvSanager shall 'return all city property 'm hi s Poss agcrs, vehicle, documents but aud any officer to keys, computers, cell plume, p g Proper'iy of the City. g, o1gER'1'XPMSANDCo"'T'ON'5 Alspute Resolution. Any claim dispute arising out of or related to ms a condition this Agreement shall be subject Yo informal mediation in precedent to the initiation of legal or equitable upon either executed party Mediation shall be deemed complete written settlement of the claim or dispute or the expiration of lorty — five (q$) days from the date either party serves the other with a written' request for mediation and the other party has not responded. The parties shall share equally the mediator's fee and any filing fees• Mediation shalt be held in Miami Dade County, Florida and settlements or other agreernants reached in mediation shall be fo enforceable as settlement, agreements in the Circuit Court for flue 1 Iu Judicial Gircuft of the S4ato of Florida. Waiver of a JuryTriai Both parties hereby waive any right to arbitrat on andto jury trial. Venue. Any legal or administrative action arising under this Agreement, Pagel o£9 including an action to enforce the Agreement, shall be brougbt.in state court in Miair &T)ade County, Florida and administered and be governed by-Florida law Construction. ht the event a court ofcompetent jurisdiction must the word ax provis on interpret any word or provision eitherA a by reason of dxaSing or shall not be eonstrood against P negotiating this Agreement- notice Any notice required or provided for in this Agreement shall be given to the parties at the addresses provided in the execution of this Agreement, Severdaitity. hx the event any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, the declaration � of tale not affect the validity of the Agreement as a whole or any p a Agreement other than the pare declared to be invalid. Non - Waiver. The waiver by either party, of a breach of any provision herein by the other shat not operate or be,corstrued as a waiver of any. subsequent breach by that party. Sovereign immunity. The City does not waive its sovereign immunity than for for any claim arising under, or related to, this ag' *for ages, other breach of contract. The City shall not be liable to pay event i"s than amounts due under 'big agreem nx in the wiso permitted bye aw be liable for amaah of contract, (be City Notwithstanding this limited waiver of sovereign immurSty+ does not halve its imm niVy' from, and shall not pay awards for prejudgment interest and/or attorney's fees. The Commission may fnr aoy other terms and conditions of policy. employmenYit may determine from tuna to time to bo•ncxessary and in the City's best interest relating to the performance of the City Manager, h the provided that such terms and orida Statues and any other law, are provisions of fais agreemexd, agreed to in writing by the City Manager. page 8 Of9 01-119. X OF SO 11 F 6130 Sunset Drive South Miami, Flori 3143 ATTEST. ax� a j �F Clark © V1. Ajibola $alogfl , ity DLamgct Marta Menendez t y Clerk 15150 SW 166s Strut, Miami Florida 33187 .. AppgpitED AS TO F� ESSES gneredo, City Attorney Maria M, Menendez City Clerk ofjth�City of South Miami, it €iami -Dade County, Florida do hereby certify that this is tma and correct copy of Emgloymeu% Agreement between the City of South Miami and VY. Ajibola Ealagun as shown in the official records Of the City off SSouoth 7;= ' g County. F €oxida Given, under MY hand and seal, this 7, Y �� Page 9 of 9 RESOLUTION NO. 81 -08-926711 A RESOLUTION OF THE MA.'Y'Olt AND CITY COMMISSION OF RELATING TO THB- THE CITY' OF SOUTH MJfAIVi.I6i.GO FLORIDA, A RELATING 0 POSITION OR CITY MAN CONTRACTS; AUTHORIZING THE EXECUTION OE A AC7QIBO ALOGTTN PROVIDING AN EFFIECTM DATE W. WHEREAS, pursuant to Article IL Section 7 of the City of South Miami Charter the Mayor and City Commission is vested with the power to appoint a City Manager; and, WHEREAS, the Mayor and City Commission authorized the City Attorney to enter into negotiations with W. Ajibola Balogun, as the proposed City Manager so as to prepare a draft employment agreement; and, WHEREAS, the City of-South Miami and W. Ajibola Balogua wish to employ Mr. BaloguWs services as City Manager of the City of South Miami by executing the attached contract. NOW O pg TIDE CITY OF SOUTH RESOLVED MXAM[ RLQOR AND CITY COMMI Seotion 1. The above whereas clauses are incorporated by reference into the body of this resolution. Sec The term Of the contract befween the City of South Miami and W. Ajibs ola Balogun shall be as provided for .in attached exhibit A to this resolution, which exhibit contains the draft employment agreement for Mr. Balogun, as City Manager - Secs_ The City Manager will meet - individually with each Commissioner an an annual basis to discuss his performance. page 1 o£2 Res_ no. 81 -08 -12678 Section. 4. T his ,resolution shall take effect immediately upon apprdval- PASSED AND ADOPTED this Td day of dune, 2008. ATTEST: QMLERE AS TO FORM.- Nag'n ailop & Figueredo,P -A. Office of City Attorney APPROVED: &COR �! COMhhI9STON VOTE: 4_1 Mayor Melia:. Yea. Vice Mayor Beasley: Yea Commissioner Wiscombe: yea Commissioner Beckman.: May Commissioner Palmer: yea