10-08-09 Item 31
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE TERMINATION OF W.
AJIBOLA BALOGUN AS CITY MANAGER; AUTHORIZING THE
PAYMENT OF SEVERANCE BENEFITS TO MR. W. AJIBOLA BALOGUN
AS PROVIDED FOR UNDER THE CITY MANAGER'S EMPLOYMENT
AGREEMENT WITH THE CITY; AUTHORIZING THE FUNDS TO BE
DISBURSED FROM ACCOUNT NUMBER: AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission have elected to exercise their
option under Section 6 of the Employment Agreement between the City of South Miami
and W. Ajibola Balogun and terminate the employment agreement without cause in
accordance with Article III, Section 3 of the City Charter; and,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The Employment Agreement between the City of South Miami and
W. Ajibola Balogun is terminated without cause.
Section 2. Pursuant to Section 6 of the Employment Agreement the City
Manager shall receive a lump sum severance payment. The City shall not pay any other
allowances or benefits. Severance payments shall equal $248,451.01 to be paid from
account no.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2009.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Office of City Attorney
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
Additions shown by underlining and deletions shown by everstriking.
3
Page 1 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, Fl 33143
Office (305) 663 -6343
Fax (305) 663 -6346
10/7/2009
Terminantion Payment Calculation
W. Ajibola Balogun
Fica /Medicare $3,165.73
Total Cost to City $248,451.01
Note:
(a) 6 months
Amount/
Hourly
Description
Hours
Rate
Total
Bi- Weekly Salary (a)
$ 14,162.37
$84,974.22
Two Day Salary (10/5 -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
$
33.00
198,00 .
Health Insurance
$
1,480.91
8,885.46
Dental Insurance
$
126.02
756.12
Vision Insurance
$
25.58
153.48
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
$81311
653.68
Floating Holiday
8.00
$81.711
653.68
$245,285.29
Fica /Medicare $3,165.73
Total Cost to City $248,451.01
Note:
(a) 6 months
PR508103 CITY OF SOUTH MIAN11 10/07/09
Employee Status Information 19:32:47
Employee . . . . . . . . .
. . 163010
Pay grade /step . . . . .
. . API 1
Hourly or salaried . . . . .
. . H
Exempt from overtime . . . .
. . Y
Start of overtime hours . .
. .
Overtime hours code . . .
. .
Hours work per year . . . .
. . 2080.000
Hourly rate . . . . . . . .
. . 81.7060
Pay period rate . . . . . .
. . 6,536.48
Monthly rate . . . . . . .
. . 14,162.37.
Annual rate . . . . . . .
. . 169,948.48
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
BALOGUN, AJIBOLA W
81.7060 81.7060
H= Hourly, S= Salaried
Y" =Yes, N =No
PR504U01 CITY OF SOUTH MIAMI 10/07/09
Accrual Information 17:39:45
Employee . . . . 163,010 BALOGUN, AJIBOLA W
Type options, press Eater.
S= Display 7= History 9 =Code- History
Opt Accrual Type
Previous
Current
Total
Usable
BIRTHDAY HOLIDA
.000
8.000
8.000
8.000
_
COMPENSATORY TI
.000
.000
.000
.000
_
FLOATING HOLIDA
.000
8.000
8.000
8.000
FURLOUGH REIMB-
.000
.000
.000
.000
NEW VACATION LE
108.000
.108.000
216.000
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 (City Contribution) $372.84 $0.00 qw.uu
EMP + Children $659.93 $287.09 $143.54
• EMP + Spouse $734.50 $361.66 $180.83.
EMP + Family $1,099.88 $727.04 $363.52
EMP
$432.52
$59.68
$29.84
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
r
; a
OFT 3
"g"ki3i .
("" 20/40 /60 /Prescriptions)
EMP
$502.01
$129.17
$64.58
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)
j a
R. riff.- .1'�'�
_at
_fie.if
EMP (City Contribution)
$22.46
$11.10
$5.55
EMP + CHILDREN
$45.16
$33.80
$16.90 .
EMP + SPOUSE
$45.70
$34.34
$17.17
EMP + FAMILY
$74.06
$62.70
$31.35
.uC4SCJ MOM
EMP $34.96 $23.60 $11.80
EMP + CHILDREN $78.62 $67.26 $33.63
EMP + SPOUSE $70.54 $59.18 $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.)
("" 20/40 /60 /Prescriptions)
Rev 08/2009
Human Resources
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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 3ra, 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 Sunni
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 THEREFORE, in 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 coniinue 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.
I. There are no additional changes to the employment contract. The remainder of the
original agreement is in full force and effect.
IN WITNESS 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:
Maria M. Menendez, City Clerk
APPROVED AS TO FORM:
Figueredo, Attorney
dftbF §OUT MIAMI
6130 Sunset Dr'
South M' iami, Florida 33143
W. Ajibola Balo n, City Manager
15150 SW 166'' Street,
Miami, Florida 33187
City Clerk of the City of South Miami, Miami -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 official records of the City of South Miami, Miami -Dade County, Florida.
Given under my hand and. seal, this day of ftrcjn,, 2009.
Cit Y Clerk
29 -09 -12838
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO THE CITY MANAGER'S CONTRACT; AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SOUTH MIAMI AND W.
AJIBOLA BALOGUN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, On June 3`d, 2008 the Mayor and City Commission approved by Resolution No. 81 -08-
12678 the employment agreement: between W. Ajibola Balogun and City of South Miami; and,
WHEREAS, Subsection 43 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
com ry
inission 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 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 Section 6.5.
NOWTHEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,
Section I. 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 3rdday of March, 2009
READ A OV D AS RM:
edo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
APPROVED:
C,—
MAYOR
COMISSION T
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Beckman:
Yea
Commissioner Palmer:
Yea