Res No 128-18-15161RESOLUTION NO. 128-18-15161
A Resolution of the Mayor and City Commission of the City of South Miami
confirming the appointment and approving the multi-year contract of
employment of Nkenga A. Payne as the City Clerk.
WHEREAS, pursuant to Article II, Section 7 of the City of South Miami Charter, the Mayor
and City Commission is vested with the power to appoint a City Clerk; and
WHEREAS, the current City Clerk, Maria M. Menendez, will be retiring effective July 1,
2018; and
WHEREAS, the City advertised the position of City Clerk with the closing date of June 4,
2018 for responses; and
WHEREAS, the City received numerous responses and on June 15, 2018, the City
Commission, by a vote of 5 yea and 0 nays, chose Nkenga A. Payne as their first choice for the
City Clerk's position.
NOW, THEREFORE, BE RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City of South Miami hereby confirms the appointment of Nkenga A. Payne
to the position of City Clerk for the City of South Miami and approves the Employment Agreement
attached hereto as Exhibit "A".
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 3rd day of July, 2018.
ATTEST: APPROVED:
!l~ CITY~LE ~
READ AND COMMISSION VOTE: 5-0
LA Mayor Stoddard: Yea
E Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
EMPLOYMENT AGREEMENT BETWEEN
CITY OF SOUTH MIAMI, FLORIDA, AND NKENGA A. PAYNE
This Agreement, made and entered into this July ~, 2018, by and between the
City of South Miami, Florida, a municipal corporation, (hereinafter called "City")
and Nkenga A. Payne (hereinafter called "City Clerk"), an individual who has the
education, training and experience in local government management and who, is
subject to the Code of Ethics, both of whom agree as follows:
Section 1: Term
The term of this Agreement shall be for an initial period of three years from July
1, 2018, to June 30, 2021, and, after the first term, the City shall have the option
to add two (2) additional years to the term of this contract.
Section 2: Duties and Authority
A. The City agrees to employ Nkenga Payne as the City Clerk to perform the
functions and duties specified in Article II, Section 7 of the Charter for the
City of South Miami and to perform other legally permissible and proper
duties and functions, without interference.
B. The City Clerk shall faithfully perform the duties as prescribed in the job
description as set forth in the City's Charter, position description and/or
ordinances and as may be lawfully assigned by the City Commission and
shall comply with all lawful governing body directives, County, State, and
federal law, City policies, rules and ordinances as they exist or may hereafter
be amended.
C. It shall be the duty of the City Clerk to employ, direct, assign, reassign,
evaluate, and to accept resignations of all of the employees of the City
under her supervision, consistent with the Employees Manual and
Commission established policies, Ordinances, Charter, State and federal law.
D. It shall also be the duty of the City Clerk to organize, reorganize, and arrange
the staff of the Clerk Office and to develop and establish internal procedures
which the City Clerk deems necessary for the efficient and effective
operation of the Office consistent with the Employees Manual and
Commission established policies, Ordinances, Charter, State and federal law.
E. The City Clerk shall perform the duties of City Clerk with reasonable care,
diligence, skill, and expertise.
F. All duties assigned to the City Clerk by the governing body shall be
appropriate to and consistent with the professional role and responsibility of
the City Clerk.
G. The City Clerk cannot be reassigned from the position of City Clerk to
another position without the City Clerk's express written consent.
H. The City Clerk or designee shall attend, and shall be permitted to attend, all
meetings of the governing body, not otherwise prohibited by state law.
I. The governing body, individually and collectively, shall refer in a timely
manner all substantive criticisms, complaints and suggestions called to their
attention to the City Clerk for study and/or appropriate action.
Section 3: Compensation
A. Base Salary: City agrees to pay the City Clerk an annual base salary of
$82,500 payable in installments at the same time that the other employees
of the City are paid.
B. The City Commission agrees to determine any adjustment based upon
performance, at least annually, during the City's Annual Budget process.
C. In addition to the annual salary adjustment based upon performance, the
City Clerk shall receive an annual cost-of-living adjustment, if approved for
all full-time city employees during the adoption of the budget.
Section 4: Health, Disability and Life Insurance Benefits
A. The City agrees to provide and to pay the premiums for health and
comprehensive medical insurance for the City Clerk, at a minimum, equal to
that which is provided to all other employees of the City.
B. The City agrees to put into force and to make required premium payments
for disability coverage for the City Clerk.
C. The City shall pay the amount of premium due for term life insurance in the
amount of two (2) times the City Clerk's annual base salary, including all
increases in th.e base salary duringthe life of this Agreement.
Section 5: Vacation and Sick
Beginning the first day of employment, sick leave shall accrue at the rate of 8
hours per month. Vacation leave shall accrue at the rate of 14 hours per
month. The City Clerk shall be entitled to accrue and retain 336 hours of -
accrued vacation leave (or same as "staff" with 20 years of employment).
Section 6: Retirement
The City agrees to pay an amount equal to 7% of her salary into a retirement plan,
designated by the City Clerk and on the City Clerk's behalf, in equal proportionate
amounts each pay period or participate in the City's Administration Management
Service Class (AMSC) pension plan, at the City Clerk's discretion.
Section 7: General Business Expenses
A. The City may budget and pay for professional dues, travel, short courses, and
seminars.
B. City shall pay for or reimburse the City Clerk for all ordinary, necessary and
reasonable business expenses incurred or paid by the City Clerk in
furtherance of City's objectives, all of which shall be reimbursed and paid in
.accordance with City's policies and procedures of general application. The
City shall provide the City Clerk with a credit card to be used by the City
Clerk to pay for these expenses.
C. Recognizing the importance of constant communication and maximum
productivity, the City shall provide the City Clerk a computer (i.e. laptop,
desktop), software, and a monthly allowance of ninety ($90) for mobile
phone.
Section 8: Termination
In the event that the City Clerk is terminated, as defined in this section, the City
Clerk shall be entitled to all compensation that she has accrued, which shall
include salary, accrued vacation and sick leave. This compensation shall be paid
in a lump sum or, at the City's option, in a continuation of salary, on the existing
[biweekly/monthly] basis, up until the date of termination.
This Agreement may only be terminated for the reasons set forth in this section. For
the purpose of this Agreement, termination without cause shall occur:
A. If three members of the governing body 'vote to terminate the City' Clerk
without cause in accordance with this Agreement at a properly noticed and
duly authorized public meeting or fail to appropriate an amount sufficient
from available funds of the municipality to pay all financial obligations of the
City pursuant to this Agreement for that year, including but not limited to, the
severance and other benefits set forth in Section 9.
B. If any provisions of the Charter or Code of Ordinances pertaining to the role,
powers, duties, authority and responsibilities of the City Clerk's position
substantially changes the form of government, the City Clerk shall have the right
to declare that such amendments constitute termination.
C The City shall not reduce the base salary, compensation or any other financial
benefit of the City Clerk and, if it does, such action shall constitute a breach of
this Agreement and will be regarded as a termination unless the City enacts
salary reductions for Department heads and general employees to the same
extent. In the latter event, the City Clerk's salary may be reduced accordingly,
and such event shall not be an event of termination or breach.
D. If the governing body offers to accept the City Clerk's resignation, by
resolution of the majority of the governing body, the City Clerk may resign and
declare a voluntary termination as of the date of the offer to accept the City
Clerk's resignation.
For the purpose of this Agreement, termination with cause shall occur:
E. If there is a substantial breach of contract by the City Clerk. Written notice of a
substantial breach of contract shall be provided to the City Clerk in accordance
with the provisions of Section 17 except when the breach by the City Clerk is
intentional.
F. If the City Clerk resigns as provided in Section 10, without an offer to accept
the City Clerk's resignation from the governing body as set forth in paragraph
D above.
G. If the City Clerk has committed an act of fraud, dishonesty, any unethical acts or
has been conviction of any criminal act (except for minor traffic infractions).
Section 9: Severance
Severance shall be paid to the City Clerk when employment is terminated, as
defined in Section 8, unless termination is for cause or due to her voluntary
resignation as provided in paragraph G of Section 8. When severance is owed, the
City shall pay a minimum severance payment equal to 2 months' ("Severance
Period") salary at the then current rate of pay as well as paying or providing the
benefits set forth below during the Severance Period. This severance shall be paid
in a lump sum or in a continuation of payment salary and benefits on the existing
biweekly/monthly basis, at the City's option.
A Contribution to the City Clerk's retirement account or plan in effect on
the date of termination, at the rate in effect on the date of termination
during the Severance Period.
B. Continuation of the following benefits:
1. Health insurance for the City Clerk as provided. in Section 4A, after
which time, City Clerk will be provided access to health insurance
pursuant to the Consolidate~ Omnibus Budget Reconciliation Act
("COBRA")
2. All other benefits set forth in this Agreement.
If the City Clerk is terminated ·"for cause", as set forth in Section 8 above, then the
City is not obligated to pay severance under this section.
Section 10: Resignation
In the event that the City Clerk voluntarily resigns the position with the City
without an offer by the governing body to accept the City Clerk's resignation, as
set forth in paragraph D of Section 8, the City Clerk shall provide a minimum of
thirty (30) days' notice unless the City and the City Clerk agree otherwise.
Section 11: Performance Evaluation
A. The City may annually review the performance of the City Clerk in May of
each year, in accordance with the process, form, criteria, and format for
the evaluation, which shall be mutually agreed upon by the City and the
City Clerk.
B. The annual evaluation process, at a minimum, shall include the opportunity for
both parties to: (1) conduct a formulary session where the governing body and
the City Clerk meet first to discuss goals and objectives of both the past twelve
(12) month performance period as well as the upcoming twelve ( 12) month
performance period; (2) following that formulary discussion, prepare a written
evaluation of goals and objectives for the past and upcoming year, (3) next
meet and discuss the written evaluation of these goals and objectives; and, (4)
present a written summary of the evaluation results to the City Clerk. If the
evaluation process is commenced, the final written evaluation, prepared by
each commission member individually, shall be completed and delivered to the
City Clerk within thirty (30) days of the initiation of the evaluation process.
Section 12: Hours of Work
The City recognizes that the City Clerk must devote a great deal of time outside
the normal office hours-on business for the City, and to that end City Clerk shall
be allowed to establish an appropriate work schedule. The schedule shall be
appropriate to the needs of the City and shall allow the City Clerk to faithfully
perform her assigned duties and responsibilities. However, in no event shall the
City Clerk's office be unattended by either the City Clerk or a subordinate of the
City Clerk during normal business hours of the City.
Section 13: ICMA Ethical Commitments
The City Clerk will at all times uphold the tenets of the ICMA Code of Ethics, a copy of
which is attached hereto and incorporated herein. Specifically, the City Clerk shall not
endorse candidates, make financial contributions, sign or circulate petitions, or
participate in fund-raising activities for individuals seeking or holding elected office,
nor seek or accept any personal enrichment or profit derived from confidential
information or misuse of public time. Provided, however, the City Clerk may attend
fundraisers for issues or candidates, excluding City of South Miami issues or
Mayor/Commission seats.
The City shall support the City Clerk in keeping these commitments by refraining
from any order, direction, or request that would require the City Clerk to violate
the ICMA Code of Ethics. Specifically, neither the governing body nor any
individual member thereof, shall request the City Clerk to endorse any candidate,
make any financial contribution, sign or circulate any petition, or participate in
any fund-raising activity for individuals seeking or holding elected office, nor to
handle any matter of personnel outside the Clerk's office.
Section 14: Indemnification
A. The City shall defend, indemnify and pay all judgments or settlements in
regard to any personal liability arising out of and in the scope of the City
Clerk's responsibilities, to the fullest extent authorized by Section 111.071,
Florida Statutes, and other laws, and in accordance with South Miami Code
of Ordinances Sec. 2-4.6. titled "Indemnification", in addition to any
insurance purchased by the City. The. City agrees to pay all reasonable
litigation expenses of the City Clerk throughout the pendency of any City of
South Miami litigation to which the City Clerk is a party as a result of acts or
omission within the course and scope of her employment, or, after the
termination of her employment, when the City Clerk ads as a witness for or
advisor to the City. Such expense payments shall continue beyond the City
Clerk's service to the City as long as litigation is pending and provided the
City Clerk's employment has not been terminated for cause. If the City Clerk
is entitled to legal representation pursuant to this section and should the
City Attorney determine that it is disadvantageous or a conflict of interest to
provide counsel to the Clerk, the Clerk will obtain separate counsel of her
choice at the City's expense. However, in the event that any separate
counsel is hired by the Clerk under this provision, the choice of counsel and
rates to be charged must be approved by the City Commission before the
City is required to pay for expenses of same.
B. Nothing in this section shall constitute a waiver of sovereign immunity or a
waiver of any other defense or immunity to such lawsuits.
C. Nothing in this section shall create any private right of action against the City
by any third party.
D. Nothing in this section shall provide for any defense, indemnification or
payment if the acts or omission of the City Clerk were in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard
of human rights,safety, orproperty.
Section 15: Bonding
The City shall bear the full cost of any fidelity or other bonds required of the City
Clerk under any law or ordinance.
Section 16: Other Terms and Conditions of Employment
The City, only upon written agreement with City Clerk, approved by resolution,
shall fix any such other terms and conditions of employment, as it may determine
from time to time, relating to the performance of the City Clerk, provided such
terms and conditions are not inconsistent with or in conflict with the provisions
of, the City Charter, local ordinances or any other law.
Section 17: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of
the United States Postal Service, (by registered mail to the Mayor and the City
Clerk), postage prepaid, personal service, provided the recipient signs a receipt
which must be produced to prove delivery, or by some other service, including e-
mail, if it provides proof of delivery or receipt and addressed as follows:
For notice sent to the City Clerk it shall be sent to the following address(es):
While the City Clerk continues with the duties of the City Clerk:
npayne@southmiamifl.gov
After termination, with or without cause: kegapayne@hotmail.com
For notice to the City it shall be sent to the following:
Mayor: pstoddard@southmiamifl.gov
City Manager: salexander@southmiamifl.gov
6130 Sunset Drive, South Miami, Florida, 33143
Notice shall be deemed given as of the date of personal service provided the
recipient signs a receipt, which must be produced to prove delivery, or as the date
of receipt by registered mail or by some other 'service that provides proof of
delivery. The address for notice may be changed provided the notice of the
change complies with the requirements of this section. Notice sent by registered
mail may shall be considered delivered as of the date reflected on the return
receipt card or the date that the Postal Service returns the notice as
undeliverable, refused or unclaimed.
Section 18: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the City and the City Clerk relating to the employment of the City Clerk by
the City and it supersedes any and all agreements and negotiations reached and all
commitments made by the parties prior to the execution of this Agreement,
whether oral or written. Any prior discussions or representations by or between
the City and the City Clerk are merged into and rendered null and void by this
Agreement. No modification or amendment of any terms or provisions of this
agreement shall be valid or binding unless it complies with this paragraph. This
agreement, in general, and this paragraph, in particular, shall not be modified or
amended except in writing signed by both parties. The City and the City Clerk by
mutual written agreement, approved by resolution of the governing body, may
amend any provision of this agreement during the life of the agreement. Such
amendments shall be incorporated an~ made a part of this agreement.
B. Waiver: The failure to enforce this agreement as to any particular breach or default
shall not act as a waiver of any subsequent breach or default. No act or omission or
verbal representation or statement shall be treated as an expressed or implied
waiver and all waivers. A waiver of any of the terms of this agreement shall only be
valid and enforceable if the waiver is in writing signed by both parties.
C. Binding Effect. This Agreement shall be binding on the City and the City
Clerk.
D. Effective Date. This Agreement shall become effective on July 1, 2018.
E. Severability. The invalidity or partial invalidity of any portion of this
Agreement will not affect the validity of any other provision. In the event
that any provision of this Agreement is held to be invalid by a court of
competent jurisdiction, the remaining provisions shall be deemed to be in
full force and effect as if they have been executed by both the City and the City
Clerk subsequent to the expungement or judicial modification of the invalid
provision.
F. Waiver of Jury Trial. The parties to this Agreement hereby waive any right they may
have to a jury trial with regard to any matter or dispute between the parties and
arising out of this Agreement.
G. This contract shall be governed by the laws of the state of Florida and venue shall
be in Miami-Dade County, Florida.
The parties have executed this Agreement as of the date set forth above.
City Clerk CITY OF SOUTH MIAMI
Approved as t.Ct·for:;;;~'n\d legality by:
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_ .... ..-,:L,~~_-=.._.-> ____ . __ -_.,/ /
.CITY ATTORNEY
"'--, -~. -
MIAMI DAILY BUSINESS REVIEW
PubflShed OaUy excepl Saturday. Sunday and
legal Holidays
Miami. Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
eetore \ne undersigned authority personally appeared
JOHANA OLIVA, who on 0l!I\h s&y$ t\lat he or she I~ the
LEGAL CLERK, Legal Notices of !he Miami Daily Business
Re\Iiev4 flk/a Miami Review, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published at Miami
In MiamI-Dade County, Fiortda; that the attached copy of
advertisement, being a legal Advertisement of Notice in the
matter of
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI -JUL
3,2018
in the XXXX Court.
was published In said newspaper In the issues of
06/2212018
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami. In said Miami-Dad
e County, Florida and that the said newspeper has
heretofore been continuously published in said Miami-Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a perted of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, finn or corporation any discount. rebate. commission
or refund for the purpose of securing this advertisement for
publication in the said newspaper.
JOHANA OLIVA personally known to me
.' ~<i<1\.\. BARBARA THOMAS f . :.i Commission # GG 121171
\: ~, Elipiffls November 2,2021
Banded Thtu TIotFIIin InllUlBnce 800-38s.rOI9
12
CITYOFSOUTHMIAMI
COURTESYNOTICE
NOTICE IS HEREBY giventhatthe City Commission of the
City of South Miami,Florida will conduct Public Hearing(s)at
its regular City Commission meeting scheduled for Tuesday,
July 3,2018,beginning at 7:00 p.m.,in the City Commission
Chambers,6130 Sunset Drive,to considerthe following item(s):
An Ordinanceestablishinganew Section 17-10.3within
Chapter 17,Article Iofthe City’s Code of Ordinances
to be known as the Pedestrian Crossing Acquisition,
Development,Operation and MaintenanceTrust Fund.
AResolution authorizingthe City Manager to execute
an IntergovernmentalAgreement with Miami Dade
County authorizing the City of South Miami to assume
the installation and maintenance responsibilitiesfor
certain trafficcontrol devices,onlypertaining to its
local municipalstreets.
AResolution authorizing the City Manager to enter into
amulti-year Interlocal Agreement withMiami-Dade
County for IT maintenance and support services for a
five (5)year term,expiringSeptember 30,2023.
AResolution of the Mayor and City Commission of the
City of SouthMiami confirmingthe appointment and
approving the multi-year contract of employment of
Nkenga A.Payneasthe City Clerk.
ALL interested parties are invited to attend and
will be heard.
For further information,please contactthe City Clerk’s
Office at:305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant to Florida Statutes 286.0105,the Cityhereby advises the public
that ifaperson decides to appeal any decision made by this Board,Agency
or Commission with respecttoany matter considered at its meeting or
hearing,he or she will need arecord of the proceedings,and that for such
purpose,affected person may needtoensure that averbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
SUNDAY JUNE 24 2018 NEIGHBORS 25SE
MIAMIHERALD.COM
or women.
The achievements of
2018 honorees are recog-
nized as standing on the
shoulders of those who
came before and paved
the way for them.
Within the past 100
years,aviation pioneers
Bessie Coleman,William
Powell,Willa Brown,C.
Alfred “Chief”Anderson
Benjamin O.Davis,Chap-
pie James,the Tuskegee
Airmen and others over-
With courage and per-
sistence,dreams can
come true.On Sunday,
the South Florida chapter
of the National Alumnae
Association of Spelman
College will honor alum-
nae and community lead-
ers in aviation and aero-
nautics,career fields that
have not traditionally
been available to black
people or women.
The annual alumnae
association scholarship
fundraiser is titled “All
That Jazz”and will fea-
ture live entertainment,
full buffet,and asilent
auction raise to raise
money to help students
attending aHistorically
Black College (HBCU)
achieve their higher edu-
cation goals.Open the
public,tickets and in-
formation are available at
all-that-jazz-2018
.eventbrite.com.
This year,awards will
be given at Club Tropical
Ballroom in Hallandale to
Spelman College alumnae
and community honorees
in aviation and aeronaut-
ics,career fields that have
not traditionally been
available to black people
came challenges to partic-
ipate in aviation.
During the first half of
the20th century,aviation
as acareer was unknownto
black people becauseof
segregation,ortowomen
because of genderbias.
Bessie Coleman,then a
black teenager in Texas,
heard stories about World
War Ipilots and decided
she wanted to fly,too.At
BLACK IN TIME
Aviation pioneers
honored fo rachie ving
their drea ms
Sheila L.Chamberlain,Spelman College Classof1981,the
U.S.Army’sfirst black woman combat intelligence pilot
with portrait of herself as apilot in an exhibit sponsored
by the Miramar Cultural Trust.
BY DOROTHY JENKINS FIELDS
djf@bellsouth.net
SEE FIELDS,26SE