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HomeMy Public PortalAbout22-9960 James Wright Employment AgreementSponsored by Vice Mayor Taylor RESOLUTION NO. 22-9960 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT WITH JAMES B. WRIGHT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 14, 2022, the City Commission of the City of Opa-Locka ("City Commission") appointed James B. Wright as Interim City Manager to serve for a term not to exceed nine (9) months starting at 12:01 AM on February 1, 2022, and requiring a national search for the appointment of a permanent City Manager for which the Interim City Manager may be considered; and WHEREAS, the City Commission further appointed James B. Wright as Acting City Manager up to and including 12:00 AM on February 1, 2022; and WHEREAS, the Commission desires to enter into an Employment Agreement with James B. Wright, consistent with the City Charter, City of Opa-Locka's Code of Ordinances, relevant resolutions, statutes, laws and constitutional provisions applicable to the positions of Acting City Manager and Interim City Manager; and WHEREAS, it is the desire of the Commission to provide certain benefits and establish certain conditions of employment for James B. Wright in accordance with the attached Agreement, Exhibit "A"; and WHEREAS, the City Commission finds that it is in the best interest of the City to approve the Agreement, attached hereto as Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Resolution No. 22-9960 Section 2. Authorization and Approval. The City Commission of the City of Opa-Locka hereby approves the Employment Agreement with James B. Wright consistent with Exhibit "A" attached hereto. Section 3. Scrivener's Errors. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. Effective Date. This Resolution shall be effective immediately and upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 26th day of January 2022. Veronica J. W liams, Mayor ATTEST: nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B +%• dette No - is -Weeks, P.A. City Attorney 2 Resolution No. 22-9960 Moved by: Commissioner Dominguez Seconded by: Commissioner Taylor VOTE: 3-2 Commissioner Bass NO Commissioner Davis YES Commissioner Dominguez YES Vice Mayor Taylor YES Mayor Williams NO 3 EMPLOYMENT AGREEMENT BETWEEN JAMES B. WRIGHT AND THE CITY OF OPA-LOCKA, FL THIS EMPLOYMENT AGREEMENT hereinafter called this "Agreement", is made and entered into as of the a� day of aArlOcorq , 2022, by and between the City Commission, hereinafter referred to as the "City" or "Commission", of the City of Opa-Locka, a political subdivision of the State of Florida, hereinafter called the "Employer", and James B. Wright, hereinafter referred to as "City Manager". W -I -T -N -E -S -S WHEREAS, the Commission desires to employ the services of James B. Wright, as the Acting City Manager until February 1, 2022 at 12:00 AM and starting at 12:01 AM as the Interim City Manager, hereinafter both referred to as the "Manager", pursuant to the terms of the Opa-Locka City Charter, hereinafter referred to as the "Charter", the City of Opa-Locka Code of Ordinances, hereinafter referred to as the "City Code" and all statutes, applicable resolutions, laws and constitutional provisions applicable to the position of Manager, and, WHEREAS, it is the desire of the Commission to provide certain benefits and establish certain conditions of employment for City Manager as the Manager in accordance with this Agreement; and, WHEREAS, it is the desire of the Commission that this Agreement comports with prior resolutions concerning the applicable term of the Manager; and WHEREAS, City Manager desires to accept employment as the City Manager in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1. Employment. A. The Commission hereby hires and appoints James B. Wright as the City Manager, under the terms established herein, to perform the duties and functions specified in the Charter, the City Code and all statutes, laws, constitutional provisions and other City ordinances, regulations, applicable resolutions and policies applicable to the position of a City Manager, and to perform such other legally permissible and proper duties and functions as the Commission shall assign from time to time. 1 B. The Commission's employment of the Manager was effective on the date services were approved and shall continue as consistent with the terms of this Agreement and prior resolutions. This Agreement shall remain in effect until terminated by the Commission or by the City Manager as provided herein. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Commission to terminate the services of the Manager at any time, subject only to the provisions set forth in Section 3 of this Agreement. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position as the Manager, subject only to the provisions set forth in Section 4 of this Agreement. E. It shall be the duty of the City Manager to employ, direct, assign, reassign, evaluate, and accept the resignations of all the City Staff under his supervision consistent with the City rules, policies, ordinances, charter, county, state and federal law. F. It shall be the duty of the City Manager to organize, reorganize and arrange the City Staff of the City and to develop and establish internal regulations, rules, and procedures which the City Manager deems necessary for the efficient and effective operation of the City consistent with the lawful City directives, policies, ordinances, city charter, county, state and federal law. G. The Manager shall perform the duties of a City Manager with reasonable care, diligence, skill and experience. Section 2. Duties and Obligations. A. The Manager shall have the duties, responsibilities and powers of said office under the City of Opa-Locka Charter, Code of Ordinances and all statutes, laws, constitutional provisions and other city ordinances, regulations, resolutions and policies applicable to a position of City Manager. The Manager shall carry these out in a professional and competent manner. B. The Manager shall remain in the exclusive employ of the Commission and shall devote all such time, attention, knowledge and skills necessary to faithfully perform his duties and responsibilities, and to exercise his powers under this Agreement. The Manager shall be limited to a maximum of five (5) hours of outside employment per week. C. In the event the Manager shall serve on any appointed or elected board of any professional organization, or serve on any committees related to his professional activities, in the event any monies are paid, or gifts received, by him related to such service, such money or property shall be paid over to or delivered to the City, unless otherwise approved by the Commission. 2 Section 3. Termination. A. Termination without Cause. The Commission may, at any time up to the term, terminate the employment of the Manager, without cause, by an affirmative vote of not less than three (3) members of the Commission. If the Manager is terminated without cause, he shall be entitled to no more than twenty (20) weeks of a severance payment as otherwise consistent with Section 215.425, Florida Statutes. Additionally, Manager shall be paid at 100% for all remaining leave time as granted to all other employees. All available leave time shall be provided by Manager to the City Commission no less than one time each year to coincide with the annual evaluation process of the City Manager. B. Termination for Cause. The Commission may also, for cause, terminate the employment of the Manager at any time whatsoever, by affirmative vote, of not less than three (3) members of the City Commission. The term "for cause" shall be deemed to include: gross negligence in the handling of City affairs; willful violation of the provisions of law; willful disregard of a direct order, demand, or policy of the Commission; conduct unbecoming a public City Manager; illegal or habitual drug abuse; arrest; conviction of a felony; conviction of any crime involving moral turpitude or any crime relating to official duties; or violation of the Florida Ethics Code. For the purpose of this subsection, if the City Manager pleads guilty or nolo contendere or is found guilty of a felony, he shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. If terminated for cause, the Manager shall be entitled to receive any earned and accrued annual, sick and compensatory leave, as applicable. Section 4. Resignation. A. In the event the Manager voluntarily resigns his position, he thereby agrees to give the City not less than thirty (30) days' written notice prior to effective date of any voluntary resignation, unless the parties agree otherwise. B. All actions pursuant to this Agreement should be performed within thirty (30) days of resignation or termination, unless a different time period is negotiated between City Manager and City. Section 5. Compensation and Annual Review. A. The City shall pay the Manager, for his service, an annual base salary of One Hundred and Sixty Two Thousand Two Hundred Dollars ($162,200.00) payable in equal monthly installments. At any time during the term, the Commission may agree to increase the base salary and/or other benefits received by the Manager in such amounts and to such extent as the Commission may determine to be desirable in its sole discretion. B. Beginning in year 2022, as determined by the Commission, the Commission shall review and evaluate the performance of the City Manager. If the Manager continues beyond the 3 initial term, an evaluation shall take place at least once every fiscal year between August 1St and September 1St in writing. Said review and evaluation shall assess the City Manager's performance of all duties and responsibilities, and his exercise of all powers for which he is responsible under this Agreement during the immediately preceding period. Failure by the Commission to conduct such a review and evaluation in any given year shall not be considered a breach of this Agreement. C. Annually, the Commission and the City Manager shall jointly define goals and performance objectives determined necessary for the proper operation of the City and for the attainment of the Commission's policy objectives, and shall further establish a relative priority among those various goals and objectives, and said objectives and goals may be reduced to writing. Objectives and goals hereunder shall generally be attainable within the time limitations specified and shall take in to account the City's annual operating budget and capital budget and appropriations provided thereunder. Section 6. Retirement. The City shall enroll the City Manager in the Florida Retirement System for the City Manager's retirement benefit participation and shall contribute share of three percent (3%) on behalf of the City Manager. Section 7. Communications Equipment. The City Manager is required to be on call for twenty-four hour service. In recognition thereof: The City shall issue a city owned cell phone for City business purposes. Section 8. Other Benefits. The City Manager shall be entitled to the following: Except as otherwise be limited under the terms of this agreement, the Manager shall be entitled to earn, use, accrue, and be compensated for 15 days of sick leave, and 25 vacation days per year upon execution of this agreement. The Manager shall further be provided a bank of 7.5 days of sick and 14.5 days of vacation leave upon the execution of this agreement. Section 9. Insurance. A. The Commission agrees to provide to the City Manager and his dependents with health insurance coverage equivalent to that provided for other City employees. B. The City shall pay the monthly premium of the Manager's life insurance policy. The Manager shall remain as the owner of the policy and payable to his selected beneficiary. 4 Section 10. No Reduction of Benefits The Commission shall not at any time during the term of this Agreement, reduce the salary, compensation or other financial benefits of the Manager, except and to the degree and extent such reduction is also imposed for all non-union employees of the City. Section 11. Disability A. If City Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of twelve successive weeks, the City shall have the option to terminate this Agreement, in accordance with the provisions and requirements of Section 3A (without cause) for the term of the contract. Any payments due to City Manager will be offset by any disability benefits City Manager receives from or through the City for the twelve (12) week period. B. Where necessary, to determine whether to continue the services of City Manager due to his disability, the City reserves the right to require a physical or psychiatric examination by a qualified physician or psychiatrist to be chosen by the City from a list of at least three doctors approved by the City. In the event such an examination is required, the City will pay all costs of said examination. Section 12. General Professional Development City agrees to budget and pay for reasonable participation in such conferences, forums, and seminars as approved by the City and to pay such reasonable professional dues and subscriptions. The City Manager shall be offered reasonable participation with national, regional, state, and local associations and organizations necessary and desirable for his continued professional growth and advancement. Section 13. Defense of Manager The City shall defend and indemnify and pay all judgements or settlements in regard to liability arising out of and in the scope of the City Manager's responsibilities, to the fullest extent authorized by Florida Statutes, and other laws and in accordance with the City of Opa-Locka's Code of Ordinances. The City agrees to pay all reasonable litigation expenses of Manager during the pendency of proceedings only if actions were taken in the course and scope of the Manager's employment. Section 13. Bonding City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. 5 Section 14. Other Terms and Conditions of Employment The City, only upon agreement with Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City Charter, local ordinances or any other laws. Section 15. Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service by certified mail return receipt, or any other certified delivery service showing confirmation of process delivery and directed to the City Mayor, City Attorney as to the City. As to the City Manager, notice may be made by hand -delivery at the Officers of the City Hall (if City Manager is working for City) or by certified delivery service showing confirmation of process at the last known address of the City Manager as maintained within the City Manager's employment file or other reliable source. Section 15. Entire Agreement The text of this document shall constitute the entire Agreement between the parties, except as may be amended in writing by the parties hereto. All provisions contained in this Agreement are subject to and conditioned upon compliance with the Charter, the County Code and all statutes, laws, constitutional provisions, County Ethics Ordinances and other County ordinances, regulations, applicable resolutions to. Manager and prior approved policies. This Agreement may also be subject to review by the Governor's designee for financial oversight of the City. The Charter, City Code and all such statutes, laws, constitutional provisions and other County ordinances, regulations, state and local regulations and applicable policies shall take precedence over any part or portion of this Agreement, any other provisions of this Agreement to the contrary notwithstanding. For purposes of this Agreement, venue shall be in Miami -Dade County. Any terms and conditions not specifically addressed in this Agreement shall be deemed to be addressed in the City's approved Personnel Rules for employees, to the extent there is no conflict with this Agreement. Said rules shall have been in existence prior to the execution of this Agreement. THIS SPACE IS INTENTIONALLY LEFT BLANK 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to have been executed on behalf of each as of the date and year first above -written. MANAGER: James B. Wright THE CITY: City Commission of Opa-Locka, a political subdivision of the State of Florida: By: City Mayor Attest: City Clerk City Attorney 7