Grove OK City Manager, City Attorney new employment contracts approved

Grove OK City Manager, City Attorney new employment contracts approved EMPLOYMENT CONTRACT

THIS AGREEMENT is made and entered into this day of 2014,

by and between the CITY OF GROVE a Municipal Corporation, hereinafter refen·ed to as

“City,” and William (Bill) Keefer of Grove, Oklahoma, hereinafter referred to as

“Employee”.

WHEREAS, City is desirous of retaining Employee for the purpose of serving as City

Manager to the City as well as serving as General Manager of Grove Municipal Services

Authority, and Grove Economic Development Authority. Employee shall also serve as

the General Manager for any Ttust Authotities (of which the City is the beneficiary)

authotized and desirous to appoint a General Manger by resolution. Employee, having

experience in said field, is willing to be so engaged by City, and City is willing to engage

Employee, on the terms, covenants, and conditions hereinafter set forth.

For the reasons set forth above, and in consideration of the mutual promises and

agreements hereinafter set forth, City and Employee agree as follows:

SECTION ONE

PURPOSE OF CONTRACT

City hereby engages, and hires Employee for provision of City Manager services to

the City as well as serving as General Manager of Grove Municipal Services Authority and

Grove Economic Development Authority. Employee shall also serve as the General

Manager for any Tmst Authorities (of which the City is the beneficiary) authorized and

desirous to appoint a General Manger by resolution. Employee hereby accepts and agrees

to such engagement and hiring, subject to the direction and general supervision of the City

Council of City. Employee shall perform such other duties as are customarily performed

by one holding such position and shall perform the duties as outlined by the State of

Oldahoma for City Managers, and shall additionally render such job-related services and

duties as maybe assigned to him from time to time by the City.

SECTION TWO

BEST EFFORTS OF EMPLOYEE

Employee agrees that he will at all times faithfully, industriously, and to the best of

his ability, experience and talents, perform all the duties that may be required of him pursuant

to the express and implicit terms hereof, to the satisfaction of the City.

SECTION THREE

TERM OF EMPLOYMENT

Employee shall be employed by the City beginning June 1, 2014 and ending June

2, 2015, unless sooner terminated under the provisions hereof. Further, such

Employment Contract shall renew for two additional one-year tetms unless either party

elects not to renew, which election shall be made in writing at least 30 days prior to the

end of the initial tetm or a renewal term., the parties shall negotiate in good faith for

appropriate amendments to this agreement, including with respect to compensation terms,

benefits and other additional renewal terms, and all such amendments to which the parties

may mutually agree shall be reduced to writing.

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HOURS OF WORK, The Employee acknowledges the proper pe1formance of the City

Manager’s Duties require the Employee to generally observe normal business hours and

will also often require the performance of necessary services outside of normal business

hours. The Employee agrees to devote such additional time as is necessary for the full and

proper perfmmance of the City Manager’s Duties and that the compensation herein provided

includes compensation for the perfmmance of all such services. However, the City intends

that reasonable time off be permitted the Employee, such as is customary for exempt

employees so long as the time off does not interfere with the nmmal conduct of the office

of the City Manager. The Employee will devote his full time and effort to the performance

of the City Manager’s Duties, and shall remain in the exclusive employ of the City during the

term of this Agreement

SECTION FOUR

COMPENSATION OF EMPLOYEE

City shall pay Employee, and Employee shall accept from City, in full payment for

Employee’s services hereunder, compensation for the period beginning June 1, 2014 in

the amount of $100,000.00 ;;er annum. This compensation shall be payable bi-monthly in

equal installments on the 15 day and on the last day of each month or payable at dates and

times as all City employees are paid. City agrees to review annually the performance of

Employee as City Manager under this agreement and Employee’s salary shall be adjusted

accordingly. Any adjustment to the salary of Employee as City Manager shall be made

only by a majority vote of the City Council of the City of Grove, Oklahoma. The date of

the evaluation shall be in March of each year.

City acknowledges the following benefits will be provided to the Employee during

the period of his employment:

a) City shall pay to Employee a monthly car allowance in the amount of $500, payable

according to IRS regulations. The parties agree that Employee is to provide his own

vehicle, and all maintenance and upkeep on said vehicle, However, if Employee is

required to travel outside of a fifty (50) mile radius in performing his duties as City

Manager of the City of Grove, Oklahoma, then Employee shall receive additional

compensation in the form of mileage reimbursement at the maximum rate which is

allowed by the Internal Revenue Service for mileage deduction on income tax

returns.

b) Employee’s vacation leave will accrue at three (3) weeks per annum at the beginning

of each fiscal year. Employee shall receive three (3) weeks vacation at the

beginning of this contract. A maximum of ninety (90) days, being 720 hours of

vacation, may be accrued and accumulated by Employee under this agreement. Sick

leave will accrue at (8) hours per month as provided for all other city employees,

c) City shall pay for the professional dues to ICMA and City Manager Association of

Oklahoma (CMAO), including the reasonable expense for the employee to attend

said Annual Conferences. However, Employee shall estimate the cost of said travel

and submit to the City Council for approval. In addition, the City will cover the

reasonable expenses/cost of city related travel and training. Employee shall

provide a written report on the benefits of said travel.

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d) City will reimburse Employee sixty-five dollars ($65.00) per month for the use of his

personal cellular phone.

e) City shall pay the monthly Civic Organization dues for the Employee.

f) Employer will pay the retirement matching funds of Employee at the same rate as

City contributes to OPERS for all other city employees.

g) Employee shall be entitled to health insurance at the rate and on the same terms as

provided for all City employees. The Employee and Family shall be covered within

ninety (90) days after the first day of employment.

h) The City will provide Employee with a city credit card to compensate for legitimate

purchases made for the benefit of the City.

SECTION FIVE

OTHER EMPLOYMENT

Employee is not prohibited from engaging in any other gainful employment or engagement.

Employee, however, shall devote that amount of time, attention, knowledge, and skills as are

reasonably determined as being necessary to the Employee’s discharge of the duties arising

hereunder for the position of the City Manager of the City, as well as the public trust

authorities of which the City is beneficiary. However, employee shall have obtained approval

from the City Council prior to any engagement or other employment.

SECTION SIX

RECOMMENDATIONS FOR IMPROVING OPERATIONS

Employee shall malce available to City all information relating to the affairs of the City

government as well as of which Employee shall have any knowledge and shall malce all

suggestions and recommendations that will be of a benefit to City, Grove Municipal Services

Authority, Grove Economic Development Authority and other Trust Authorities identified in

Section One of this contract,

SECTION SEVEN

EMPLOYEE’S DUTIES

Employee shall be the Chief Executive Officer and head of the Administrative branch

of the City. He shall execute the laws and administer the government of the City, and shall be

responsible therefore to the City Council,

l Duties as Oty Mmager. In his office and capacity of City Manager, Employee

shall:

a) Appoint, and when necessary for the good of the service, remove, demote, layoff; or

suspend all heads of the administrative departments and other administrative officers

and employees of the City, except as otherwise provided by law. Employee or the

City by ordinance may authorize the head of a department, office or agency to appoint

and remove the subordinate in such department, office or agency;

b) Supervise and control all administrative depmtments, offices and agencies;

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c) Prepare a budget annually and submit it to the City Council and be responsible for the

administration of the budget after it goes into effect; and. recommend to the City Council

any changes in the budget, which he deems desirable;

d) Submit to the City Council a report after the end of the fiscal year on the finances and

administrative activities of the City for the preceding year;

e) Keep the City Council advised of the financial condition and future needs of the City,

and make recommendations as he deems desirable;

f) Serve in, and cany out the functions of; such other offices, capacities and positions

within the City government, or within any trust or authority of which the city is the

beneficiary, to which Employee is appointed, elected or directed to serve by the City

Council or by the trustees OT such trust or authority; and

g) Perfotm such other managerial-related duties as may be prescribed by law or

by ordinance or as the City (majority of City Council) directs.

2. Serve as General Manager for GMSA. Without limitation of the foregoing, it is

understood and agreed by the parties that City is especially are specifically directing

Employee to serve and act as a General Manager of the Grove Municipal Service Authority

(“GMSA”), subject to the independent supervision, direction and control of the Board of

Trustees of the GMSA and its authority to appoint or remove Employee as the General

Manager until such time as Employee is notified by the City Council or by the Board of

Trustees of GMSA that his services in such capacity are no longer requested or until such

time as the City and GMSA enter into a separate contract for the provisions of such services.

In carrying out his duties as the GMSA General Manager is expected that Employee shall act

as the Chief Executive Officer and head of the administrative branch of GMSA say. In such

capacity employee shall:

a) Appoint and when necessary for the good of the service, remove, demote, layoff, or

suspend all heads of the administration departments and other administrative officers

and employees of GMSA, except as otherwise provided by law;

b) Supervise and control all administrative departments, officers and agencies;

c) Prepare a budget annually and submit it to GMSA and be responsible for the

d) administration of the budget after it goes into effect; and recommend to GMSA any

changes in the budget which he deems desirable;

e) Keep GMSA advised on the financial conditions and needs of GMSA, and make

recommendations as he deems desirable; and,

f) Perform such other managerial-related duties as may be prescribed by law or as

GMSA (majority of board) directs.

City shall indemnifY and defend Employee of and fi’Om any and all claims and demands

arising out of the acts of Employee that are made in good faith by the Employee in his

efforts to cany out the foregoing duties in his capacity as General Manager of GMSA.

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SECTION EIGHT

DESIGNATION OF ACTING CITY MANAGER

City may appoint a qualified administrative officer of the City to be acting City

Manager during the temporary disability of the City Manager.

SECTION NINE

SUSPENSION OR REMOVAL OF EMPLOYEE

City may suspend or remove the Employee at any time by a majority vote of the City

Council. Employee is not a classified employee under the personnel policy procedures of

the City.

In the event of termination or non-renewal of contract of the Employee for the

convenience of the City, the, City shall pay severance pay and the appropriate accrued sick

and vacation leave. Severance pay shall be in such an amount equal to compensation for a

period of seven (7) months and health insurance benefits. Severance pay shall be payable the

first pay period following the termination of employment or the non-renewal of contract.

Provided, however, City shall have no obligation to pay Employee any of foregoing

Severance Pay and no obligation to provide the Severance Benefits if Employee is

te1minated because Employee is convicted of any illegal act involving a breach of a

fiduciary duty to the City and resulting in personal gain to the Employee. In the event

City terminates Employee on the basis of Employee’s alleged commission of such act

prior to Employee having been convicted and found guilty of such act, City shall be

obligated to pay Employee all Severance Pay and all Severance Benefits in accordance

with the terms hereto, but shall be entitled to recover from Employee all such sums if

Employee is later found guilty or convicted of such acts.

In addition, Employee agrees to abide by the Code of Conduct established by ICMA

and to adhere to the Ethics Rules as established by the City Council for all general

employees. It will be at the sole discretion of the City Council to take any or all actions

deemed necessary if the Employee violates tenets of ICMA Code of Conduct or the City

Ethic rules. If the City terminates Employee for such violations then they have no

obligation to pay the above-mentioned Severance.

In this respect, Employee hereby agrees to give the City a minimum of 30-calendar

days notice. If Employee terminates employment on his own volition, then the City is not

bound, to pay severance pay.

Further, Employee agrees to serve as witness, advisor, or consultant throughout the

pendency of ariy litigation that may arise or continue beyond Employee’s service to the City

and the City agrees to pay Employee’s reasonable litigation expenses, consulting fees and

travel expenses throughout the pendency of any litigation when Employee’s services as

witness, advisor or consultant are required for the benefit of the City, Grove Municipal

Services Authority, Grove Economic Development Authority and other Trust Authorities

identified in Section One of this contract.

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SECTION TEN

PURCHASES AND SALES BY EMPLOYEE

Employee shall contract for purchases or issue purchase authorization for all supplies,

materials and equipment for offices, depar

departments, or agencies of the City Government

as outlined by the requirements as set fmth in Title 11, Section 1 0-116, Subsections A, B

and C ofthe Oklahoma Statutes and in accordance with all Grove City Ordinances related

thereto and such other procedures and regulations as may be prescribed by the City

Council.

SECTION ELEVEN

LIMITATION OF EMPLOYER AUTHORITY TO

ACT THROUGH EMPLOYEE

Except for the pwposes of inquiry, the City Cmmcil and its members shall deal with the

administrative service of the City solely tlrrough the City Manager. The City Council and

its members may not:

a) Direct or request the City Manager or other authmity to appoint or remove officers or

employees;

b) Pruticipate in any mrumer in the appointment or removal of officers and employees of

the City, except as provided by law; or,

c) Give orders on ordinary administrative matters to any subordinates of the City

Manager either publicly or privately.

SECTION TWELVE

AGREEMENTS OUTSIDE CONTRACT

This agreement contains the complete agreement concerning the employment

arrangement between the parties and shall, as of the effective date herein, supersede all other

agreements between parties. The parties stipulate that neither of them has made any

representation with respect to the subject matter of this agreement or any

representations including the execution and delivery hereof except such representations

as are specifically set forth herein and each of the parties hereto acknowledge that he or

it has relied on its own judgment in entering into this agreement, The patties hereto

further acknowledge that any payments or representations that may have heretofore been

made by then to the other are of no effect and that neither of them has relied thereon in

connection with his or its dealings with the other.

SECTION THIRTEEN

MODIFICATION OF CONTRACT

No waiver or modification of this agreement or of any covenant, conditions, or

limitation herein contained shall be valid unless in writing and duly executed by the party to

be charged herewith and no evidence of any waiver or modification shall be offered or

received in evidence of any proceeding, ru·bitration or litigation between the patties hereto

arising out of or affecting this agreement, or the rights or obligations of the parties

hereunder, unless such waiver or modification is in writing, duly executed as aforesaid,

and the pmties further agree that the provisions of this section may not be waived except as

herein set fmth.

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SECTION FOURTEEN

TERMINATION FOR DISABILITY

Notwithstanding anything in this agreement to the contrary, City shall comply with the

Family Medical Leave Act (FMLA) if Employee shall become ill or disabled.

SECTION FIFTEEN

SEVERABILITY

All agreements and covenants contained herein are severable, and in the event any of

them, with the exception of those contained hi Sections One and Fom hereof, shall be held to

be Invalid by any competent Court, this agreement shall be interpreted as if such invalid

agreements or covenants were not contained herein.

SECTION SIXTEEN

CHOICE OF LAW

It is the intention of the parties hereto that this agreement and the perfmmance

hereunder and all suits and special proceedings hereunder be construed in accordance with

and under and pmsuant to the laws of the State of Oldahoma, arid that in any action, special

proceeding or other proceedings that may be brought arising out of, in connection with, or

by reason of this agreement, the laws of the State of Oklahoma shall be applicable and

shall govern to the exclusion of the law of any other forum, without regard to the jmisdiction

in which any action or special proceeding may be instituted.

IN WITNESS WHEREOF, the parties hereto have executed this agreement at Grove,

Delaware County, Oklahoma on the day of 2014.

Attest:

(Seal)

I vonne Buzzard, City Clerk

CITY OF GROVE, a Municipal Cmporation

By:~–~~~————-Marty

Follis, Mayor

William (Bill) Keefer, City Manager

 

 

TO: Mayor and Council

FROM: Bill Keefer, City Manager

RE: Contract Services Agreement with Brandon Watkins

Attached for the Council’s review and consideration is a contract with Brandon Watkins for City

Attorney Services for fiscal year 2014/2015. With the exception of changing dates for the term

of the contract and cleaning up the language in several sections as it relates to the “firm” versus

attorney , the scope of services, conditions, duties and compensation are exactly what is in place

at this time.

Staff would recommend approval of the Contract with Brandon Watkins for fiscal year

2014/2015.

CONTRACT FOR CITY ATTORNEY SERVICES

THIS AGREEMENT made and entered into this_ day of JUNE, 2014, by and between

the City of Grove, a Municipal Corporation, hereinafter refen·ed to as the “City”, and Brandon D.

Watkins, Attorney at Law, hereinafter referred to as the “Attorney”.

WHEREAS, the City is desirous of retaining the services of the Attorney for the duties of

City Attorney of the City of Grove; and the Attorney, having the required education, duly

licensed in the state to practice law and experience in said field, is willing to accept the position

as an independent contractor and the City is willing to retain said Attorney, on the terms,

covenants and conditions hereinafter set forth.

SECTION ONE

PURPOSE OF CONTRACT

The City hereby engages the Attorney as City Attorney for the City of Grove and

Attorney hereby accepts and agrees to such hiring engagement, subject to the general supervision

and pursuant to the orders, advice and direction of the City. The Attorney shall perform such

other duties as are customarily performed by the Grove City Chatter, Oklahoma State Statutes,

General Code of Ordinance, and all applicable policies and procedures of the City and shall also

additionally render such other job-related services and duties as may be assigned to the Attorney

from time to time by the City. All activities of the City, including Bond work, subrogation’s and

other legal work are considered the duty of the Attorney and will not be subject to extra or

special compensation except to the extent they exceed the twenty five hour allotment discussed

herein.

SECTION TWO

TERMS OF CONTRACT

The te1m of this agreement shall be for one (I) year commencing on the 1st day of July

2014 and ending on the last day of June 2015, at 12:00 midnight. This contract shall be extended

at the end of the primary term by both parties unless within 90 days of the date of renewal one or

both parties provide written notice that they wish to end the contract.

SECTION THREE

COMPENSATION OF ATTORNEY

A) The City shall pay the Attorney and the Attorney shall accept from the City, in full payment

for Attorney’s services hereunder, the Contract amount of $70,000.00 for 25 hours per week.

Said compensation is payable to the Attorney in I monthly payment to be divided in 12

(Twelve) monthly payments. It is also agreed that the Attorney will be eligible for at least

the cost of living increase as provided by the personnel policy to all of the City’s Attorneys,

if such an increase is approved by the City in future FY budgets and forecasts. In the event

additional hours are needed by the City, an additional fee of $50.00 per hour will be charged

after prior approval of the Council and City Manager.

B) If, from time to time, a need arises for certain additional financial or bond-related

legal opinions, certain litigation activities or other legal services that require outside

consultant or expert fees, which fall outside the scope of this agreement, those matters will

be brought before the Council and City Manager for review and discussion. No payments for

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said services outside this agreement shall be made without the expressed approval and

agreement of the City.

C) The City acknowledges the following benefits will be provided to the Attorney for the term

of this contract and may also be renewed in subsequent contracts:

I. The City shall reimburse the Attorney for any travel-related expenses while on City

business or attending continuing education training related to city government or utilities

outside the City limits as authorized by the City Manager. Reimbursement for mileage

shall be in accordance with the personnel and purchasing policies.

SECTION FOUR

ATTORNEY RESOURCES

The Attorney shall devote up to 25 hours per week to the City and its operations as necessary. As

this position is only contracted for up to twenty (25) hours per week, the Attorney is hereby

allowed to maintain a private practice. The City Attorney’s schedule will be coordinated with the

City Manager. Any disputes in the City Attorney’s schedule will be resolved by the City Council.

As Attorney also has four (4) other Attomeys working with his private practice, it is understood

by both parties to this agreement that the Firm’s other four Attorneys may, from time to time,

assist Brandon D. Watkins with legal work required for City. Attorney understands that he will

be responsible for payment of these legal services, and that no contract relationship exists

between City and any other entity other than Brandon D. Watkins.

Attorney agrees to provide all offices and equipment to perform the duties as City Attorney, and

further agrees to maintain a cell phone at Attomey’ s expense for communication purposes

between City and Attorney.

The Attorney will also attend all meetings of the Grove City Council and all applicable boards

and commissions as designated by the City Council or City Manager.

SECTION FIVE

RECOMMENDATIONS FOR IMPROVING OPERATIONS

The Attorney shall make available to City all information of which he shall have any

knowledge and shall make all suggestions and recommendations that will be of mutual benefit to

the City.

SECTION SIX

ATTORNEY’S DUTIES

As outlined in the General Code of Ordnance, the Attorney shall serve as the general

counsel for the City, Municipal Services Authority and all other Boards of the City. Attorney

shall be responsible to interpret all applicable laws and provide legal opinions on all relevant

matters to the government of the City and shall be responsible therefore, to the Council and City

Manager. The Attomey shall:

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CITY ATTORNEY’S DUTIES

I. Prepare and/or approve all legislation considered by the City Council,

2. City Manager and all applicable commissions.

3. Provide written opinions and interpretations of the laws and statutes necessary to effectuate

the government of the City

4. Assist the City Manager and City staff on all relevant legal and contractual matters associated

with operating the City Departments and Authorities.

5. Represent all elected and appointed public officials on all relevant matters.

6. Keep the City Council, City Manager and Boards and Authorities advised of all legal matters

and future legal needs of City and make recommendations, as the Attorney deems desirable.

7. Perform such other legal-related duties as may be prescribed by law or by ordinance or as

required by the City.

8. Represent the City as Attorney in all litigations for or against the City.

SECTION SEVEN

SUSPENSION OR REMOVAL OF ATTORNEY

The City Attomey may be suspended at any time by a resolution approved by the

majority of the total membership of the City Council, not including vacant positions, which shall

set forth the reasons for the suspension and proposed removal. A copy of such resolution shall be

served immediately upon the City Attorney and the Attorney shall have fifteen (15) days in

which to reply thereto in writing, and upon request, shall be afforded a hearing before the City

Council, which shall occur not earlier than ten (I 0) days no later than fifteen (15) days after such

hearing is requested, and after full consideration, the City Council by a majority vote of its total

membership, not including vacant positions, may adopt a final resolution of removal. The City

Attorney shall continue to receive payment until the effective date of a final resolution. If it is

determined that the Attorney’s contract is to be terminated, Attorney shall receive Two (2)

months’ severance pay.

In this respect, the Attorney hereby agrees to give the City a minimum of thirty (30)

days’ notice if Attorney decides to terminate the contract on his own volition. If the Attorney

does not give said notice or if Attomey terminates this contract on its own volition, then the City

is not bound, unless an agreement is reached between the parties, to pay any further portion of

the $70,000.00 contract amount.

SECTION EIGHT

LIMITATION OF CITY AUTHORITY TO

ACT THROUGH ATTORNEY

Except for the purpose of inquir

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