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5Agenda Item No:5. City Commission Agenda Item Report Meeting Date: July 3, 2018 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Resolution Agenda Section: RESOLUTION(S) PUBLIC HEARING(S) Subject: 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. 3/5 (City Commission) Suggested Action: Attachments: Resolution re appoving appt&K-NPayne as CityClerk.docx 2018 City Clerk PROPOSED Contract.pdf DBR Advertisement.pdf MH Advertisement.pdf 1 RESOLUTION NO. ________________1 A Resolution of theMayor and City Commission of theCity of South Miami2 confirming the appointment and approving themulti-yearcontract of 3 employment of Nkenga A. Payne as the City Clerk.4 WHEREAS,pursuant to Article II, Section 7 of the City of South Miami Charter, the Mayor 5 and City Commission is vested with the power to appoint a City Clerk; and6 WHEREAS,the current City Clerk,Maria M. Menendez, will be retiringeffective July 1, 7 2018; and8 WHEREAS,the City advertised the positionof City Clerkwith the closing date of June 4,9 2018for responses; and10 WHEREAS,the City received numerous responses and on June 15, 2018,the City 11 Commission,by a vote of 5 yea and 0 nays,chose Nkenga A. Payne as theirfirst choice for the 12 City Clerk’s position.13 14 NOW, THEREFORE, BE RESOLVED BY THE MAYOR AND CITY 15 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:16 Section 1. The City of South Miami hereby confirms the appointment ofNkenga A. Payne17 to the position of City Clerk for the City of South Miamiand approves the Employment Agreement 18 attached hereto as Exhibit “A”.19 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 20 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 21 not affect the validity of the remaining portions of this resolution.22 Section 3. Effective Date. This resolution shall become effective immediately upon 23 adoption by vote of the City Commission.24 25 PASSED AND ADOPTED this ____day of ________, 2018.26 27 ATTEST:APPROVED:28 29 ___________________________________________30 CITY CLERK MAYOR31 32 READ AND APPROVED AS TO FORM, COMMISSION VOTE:33 LANGUAGE, LEGALITY AND Mayor Stoddard:34 EXECUTION THEREOF Vice Mayor Harris: 35 Commissioner Welsh:36 _____________________________Commissioner Gil:37 CITY ATTORNEY Commissioner Liebman:38 39 40 2 EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI, FLORIDA, AND NKENGA A. PAYNE This Agreement, made and entered into this July 3, 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 Il, 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 3 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 the base salary during the 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). 4 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. 5 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 c ontract 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. 6 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 Consolidated 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 resignatio n, 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. 7 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 seeki ng 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 acts 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 8 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, or property. 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 de positing 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: 9 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 and 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 express ed 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. 10 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 ___________________________ __________________________________ Nkenga A. Payne MAYOR, on behalf of the City Commission Approved as to form and legality by: _______________________________ CITY ATTORNEY 11 .. . MIAMI DAILY BUSINESS REVIEW Pu blished Da ily except Saturday, Su nday and Lega l Holidays Miam i, Mi ami-Dade County , Florida STATE OF FLORID A COU NTY OF MIAMI -D A DE : ~ejm e \"e un de rsigned authority personally appeared JOHANA OLIVA , who on oat" sa)'s t"at he or she is the LEGA L CL ERK , Legal Notices of the Miami Daily Business Re"iew flk/a Miami Review , a daily (except Saturday , Sunday and Legal Holidays) newspaper , published at Miami in Miami-Dade County , Florida ; that the attached copy of advert isement , be ing a Legal Advertisement of Notice in the matter of NOTIC E OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI -JUL 3 , 2018 in the XX XX Court , was published in said newspaper in the issues of 06/22/2018 Affiant further says that the said Miami Daily Bus iness Review is a newspaper published at Miami , in said Miami-Dad e County, Florida and that the said newspaper has he retofore been continuously pub lished in said Miami -Dade County , Fl orida eac h day (except Saturday , Sunday and Lega l Ho lidays) and has been entered as second class mail matter at the post office in Miami in sa id Miami-Dade County , Florida , for a period of one year nex1 preceding the first publication of the attached copy of advertisement ; and affiant further says that he or she has neither paid no r promised an y person , firm or co rpora t ion any discount , rebate , commission or refund for the purpose of securing this advertisement for publication in the said newspaper. d subscribe d before me th~ D JU~c:77Umao JOHANA OLI VA perso nall y known to me .''R~A~:¥<;;,:.. BARBARA THO MAS [~r~';'~;1 ~on:mi 5Sio n # GG 121171 ~~~~;~l Exp ires Nove mber 2 2021 "I.OF F\.O.... C 6...... I .......... "",Ned Thr\i Troy-Fa in Insurance Soo-385-7019 CITY-oF SOU-TH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given t hat the Cit')' Commission of the Cit')' of South Miami, Florida will conduct Pu blic Heari ng(s) at its regular Cit')' Commission meeti ng scheduled for Tuesday, July 3, 2018, begi nning at 7:00 p.m., in the City Commiss ion Chambers, 6130 Sunset Drive, to consider the foll owing item(s): • An Ord inance establishing a new Secti on 17-1 0 .3 within Chapter 17 , Art ic le I of the City's Code of Ordinan ces to be known as the Pedestri an Cro ss ing Acquisition, Deve lopment, Ope ration and Maintenan ce Trust Fund . A Resol utio n auth orizing th e City Manager to exec ute an Intergovemmental Agr ee ment with Miami Dade Count')' authorizing the Cit')' of South Miam i to assume t he installation and maintenance responsibilities for certain traffic control devices , only pert aining t o its local municipal streets. A Resolution authorizi ng the Cit')' Manager to enter into a mUlti-year Interlocal Agreement with Miami-Dade Count')' for IT maintenance and support services for a five (5) year term , expiring September 30 , 2023. A Resolut ion of t he Mayor arid Cit')' Commission of the Cit')' of South Miami co nfirming the appointment and approv ing the multi-year cont ract of employment of Nkenga A. Payne as the Cit')' Clerk. ALL interest ed parties are invited to attend and will be heard. For further informat ion, please contact the Cit')' Clerk's Office at 305-663-6340 . Maria M. Menendez, CMC Cit')'C/erk Pursuant t o Florida St at utes 286.0105 , the Cit')' hereby advises the public t hat if a perso n decides t o appeal any decision made by this Board , Agency or Commission with respect to any matter considered at its meeting or hearing , he or she will need a record of the proceedings, and that for · such purpose , affected person may need to el)sure that a verbatim record of the proceedings ' is made which record includes the testimony and evidence upon wh ich the appeal is to be based. 6/22 18-85/0000327948M 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 13