HomeMy Public PortalAbout16-9263 Approving the Employment Agreement w/Yvette Harrell Sponsored by: Commissioner Santiago
RESOLUTION NO. 16-9263
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORDA, APPROVING AN
EMPLOYMENT AGREEMENT (EXHIBIT "A") BETWEEN
THE CITY AND YVETTE HARRELL AS CITY MANAGER;
PROVIDING FOR AN INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Yvette Harrell was appointed City Manager on August 2, 2016; and
WHEREAS,The City believes that it is in best interest to have an employment
agreement with the City Manager.
NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby approves an
employment agreement in similar form (EXHIBIT "A") with City Manager Yvette Harrell
Section 3. This resolution shall take effect immediately upon adoption, and is
subject to the approval of the Financial Oversight Board for the City of Opa-locka.
PASSED AND ADOPTED this 26`h day of October, 2016.
■ it /
'A TAYLOR
MAYOR
Resolution No. 16-9263
Attest to: Approved as to form and legal sufficiency
/C/j ----).---t. _____________
J nna Flores Vincent T. Brown, Esq.
C y Clerk THE BROWN LAW GROUP, LLC
City Attorney
Moved by: COMMISSIONER RILEY
Seconded by: COMMISSIONER SANTIAGO
Commissioner Vote: 4-1
Commissioner Kelley: NO
Commissioner Riley: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
City Manager: Yvette Harrell CM Signature:
Finance Director: Charmaine Parchment FD Signature:
Department
Director:
Commission 10.26.2016 Item Type: Resolution Ordinance Other
Meeting Date: X
(EnterXin box)
Fiscal Impact: Ordinance Reading: le Reuling bed Reading
(Enter X in box) Yes No (Enter X in box)
x Public Hearing: Yes = No Yes No
(EnterX in box) X X
Funding Source: (Enter Fund& Advertising Requirement: Yes No
Dept) (EnterXin box) x
Ex:
Account#: 12-512110
Contract/P.O. Yes No RFP/RFQ/Bi#:
Required:
(EnterXin box)
Strategic Plan Yes =, No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list
Related X the specific objective/strategy this item will
(Enter X in box) Enhance Organizational 11.2U1 j address)
Bus.&Economic Dev -
Public Safety _ For the interest of public safety,
Quality of Education health, environment, and business
Qual.of Life&City Image -` operations in the City.
Communcation L�
Sponsor Name Department:
Commissioner City Commission
Luis Santiago
Short Title:
A resolution approving an employment agreement between the City and Yvette Harrell as City Manager.
Staff Summary:
The City believes that it is in the best interest to have an employment agreement with the City Manager.
Proposed Action:
EMPLOYMENT AGREEMENTBETWEEN
The Great City of Opa-locka, Florida AND Yvette Harrell, City Manager
This Agreement, made and entered into this ,2016, by
and between The Great City of Opa-locka, Florida, a municipal corporation
(hereinafter called "City") and Yvette J. Harrell, (hereinafter called "City
Manager").
Section 1: Term
A. The Initial Term of this Agreement shall be for a period of twenty-four(24) months
from August 2, 2016—July30, 2018. After the expiration of the Initial Term, the
City shall have the option to renew the term of this Agreement for an additional
twelve (12) month period.
B. In the event that the City Manager is terminated without cause, as defined
in Section 9 of this Agreement, the City Manager shall be entitled to all
compensation that shall include salary, all accrued benefits including sick
and vacation days and any unpaid car or expense allowances all as
permitted by Florida Statutes Section 215.425, which provides that
severance pay provided may not exceed an amount greater than twenty
(20) weeks of
compensation.
Section 2: Duties and Authority
A. The City agrees to employ Yvette Harrell as City Manager to perform the
functions and duties specified in the Charter for the City of Opa-locka
and to perform other legally permissible and proper duties and functions
without interference.
B.The City Manager is the chief administrative officer of the City and shall
faithfully perform the duties as prescribed in the job description as set
forth in the City's charter and/or ordinances and as may be lawfully
assigned by the City 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 Manager to employ, direct, assign,
reassign, evaluate, and to accept resignations of all of the employees of
the City under his supervision consistent with the City rules, policies,
ordinances, charter, county, state, and federal law.
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Employment Agreement: Yvette Harrell (City Manager)
D. It shall also be the duty of the City Manager to organize, reorganize, and
arrange the 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.
E. The City Manager shall perform the duties of city manager of the City
with reasonable care, diligence, skill and expertise.
F.All duties assigned to the City Manager by the governing body shall be
appropriate to and consistent with the professional role and responsibility of the
City Manager.
G. The City Manager cannot be reassigned from the position of City Manager to
another position without the City Manager's express written consent.
H. The City Manager or designee shall attend, and shall be permitted to attend, all
meetings of the governing body, both public and closed, or otherwise consistent
with state law.
I. At the direction of the City Commission, the City Manager may also serve as
the Opa-locka Community Redevelopment Agency Executive Director.
Section 3: Compensation
A. Base Salary: City agrees to pay City Manager an annual base salary of
$125,000.00 payable at the same time that the other employees of the City are
paid.
B. The City shall execute all necessary agreements on behalf of the City
Manager's retirement benefit participation in ICMA-RC Retirement Plan.
(The City will pay an amount equal to twelve percent (12%) of the City
Manager's annual base salary).
Section 4: Health, Disability and Life Insurance Benefits
A. The City Manager shall receive the City's executive insurance package for
himself and dependent family members; including health insurance other
medical insurance available to other employees, life insurance, disability,
vision, and non-cosmetic dental insurance. At his option, the City Manager can
receive the above stated coverage from the City or in lieu of receiving the
coverage may receive $600 per month.
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Employment Agreement: Yvette Harrell (City Manager)
B. The City agrees to put into force and to make required premium payments for
disability coverage for the City Manager.
C. The City shall pay the amount of premium due for term life insurance in the
amount of two (2) times the City Manager's annual base salary, including all
increases in the base salary, or at the City Manager's option,the City agrees to
pay the full amount of the premium due for a Whole Life insurance policy with
a death benefit equal to the City Manager's base salary.
D. All provisions of the City Charter and Code, and regulations and rules of the
City, relating to annual and sick leave, retirement and pension system
contribution, holidays and other fringe benefits (i.e. GAP insurance) and
working conditions as they now exist or hereafter may be amended, also shall
apply to the City Manager as they would to other employees of the City, in
addition to said benefits enumerated specifically herein for the benefit of the
City Manager, except as herein provided.
Section 5: Vacation and Sick
The City Manager shall accrue fifteen (15) sick leave days per year and twenty-five
(25) vacation leave days per year.
Section 6: Automobile
The City agrees to provide the City Manager with an automobile allowance of
$600.00 per month during the term of this Agreement.
Section 7:Retirement
The City shall execute on behalf of the City Manager's retirement benefit
participation in FRS (The Florida Retirement System) plan.
Section 8: General Business Expenses
A. The City shall budget and pay for professional dues related to the City, travel,
short courses, and seminars.
B.City shall pay for or reimburse the City Manager for all ordinary, necessary and
reasonable business expenses incurred or paid by the City Manager 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 Manager with a credit card to be used by the City
Manager to pay for these expenses.
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Employment Agreement: Yvette Harrell (City Manager)
C. Recognizing the importance of constant communication and maximum
productivity, the City shall provide the City Manager a laptop computer, and
software.
D. However, upon the termination of this Agreement, the City Manager shall
return to all City property, set forth in Section 8 of this Agreement, within 48
hours of the termination of the Agreement.
Section 9: Termination
A. This Agreement may be terminated if the City Manager abandon her job,
violates the City Charter or Code of Ordinances or is formally charged for
criminal conduct. For the purpose of this Agreement, termination shall occur:
1. If three members of the City Commission vote to terminate the City
Manager in accordance with this Agreement at a properly posted and
duly authorized public meeting.
2. In the event a lawsuit is initiated to enforce the terms of this agreement,
the prevailing party shall be entitled attorney's fees and suit costs.
B. The City may reduce the base salary, compensation or any other financial
benefit of the City Manager and, if it does, such action shall constitute a breach
of this Agreement.
Section 10: Severance
A. Severance shall be paid to the City Manager when employment is terminated,
without cause as specified in this Agreement and pursuant to Florida Statutes
Sec.215.425, as stated Section I (B), in the amount not to exceed 20 weeks of
salary, and in not less than forty-five (45), but not more than sixty (60) days
from the date of the termination and in equal bi-monthly installments.
B. Unless otherwise agreed to by the Parties, the City Manager may not be entitled
to a severance as set forth in section 10(A) of this Agreement, if she voluntarily
resigns.
Section 11: Resignation
If City Manager resigns, she shall provide a minimum of thirty (30) days' notice to
the City.
Section 12: Hours of Work
The City recognizes that the City Manager must devote a great deal of time outside
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Employment Agreement: Yvette Harrell (City Manager)
the normal office hours on business for the City, and to that end City Manager 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 Manager to faithfully
perform her assigned duties and responsibilities.
Sectionl3: Ethical Commitments
The City Manager will at all times uphold the tenets of Ethics. Specifically, the City
Manager 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
Manager may attend fundraisers for issues or candidates, excluding City of Opa-
locka issues or Mayor/Commission seats.
The City shall support the City Manager in keeping these commitments by refraining
from any order, direction or request that would require the City Manager to violate
the Code of Ethics. Specifically, neither the governing body nor any individual
member thereof shall request the City Manager 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.
The City Manager shall comply with Chapter 112, Florida Statutes and section 2-
11.1, Miami- Dade County Conflict of Interest and Code of Ethics.
Section 14: Outside Activities
(A)The employment provided for by this Agreement shall be the City Manager's
primary employment. The City Manager may continue to receive residual
compensation from activities prior to this Agreement. Recognizing that certain
outside consulting or teaching opportunities provide indirect benefits to the City
and the community, the City Manager may elect to accept limited teaching,
consulting or other business opportunities with the understanding that such
arrangements must not create a conflict of interest nor constitute interference with
his responsibilities under this Agreement.
•
(B)It is understood between the parties that Yvette J. Harrell is a practicing attorney
who is the sole partner of the law firm, the Law Offices of YJ Harrell, PLLC (the
"Law Firm"). Although this Agreement does not prohibit the operation of the
Law Firm, while employed with the City, the City Manager in her employment
with the Law Firm, may not represent any City elected official, employee,
contractor/vendor, or lobbyist; may not file any law suit, nor represent any person
in a law suit or other legal claim against the City of Opa-locka; may not utilize
any City resources —including time, facilities, telephone or computer services,
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Employment Agreement: Yvette Harrell (City Manager)
vehicles etc- in furtherance of your outside employment. Government employees
also may not engage in any activity which would require them to disclose
confidential information acquired by reason of their official position, nor use such
information, directly or indirectly, for their personal gain or benefit. See Sec. 2-
11.1(h), Ethics Code. Lastly, a government employee may not use his or her
official position to secure privileges or exemptions for themselves or
others. See Sec.2-11.1(g), Ethics Code
Section 15: 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 Manager's
responsibilities, to the fullest extent authorized by Florida Statutes, and other
laws, and in accordance with the City Opa-locka Code of Ordinances, in addition
to any insurance purchased by the City. The City agrees to pay all reasonable
litigation expenses of the City Manager throughout the pendency of any City of
Opa-locka litigation to which the City Manager is a party as a result of acts or
omission within the course and scope of his employment, witness or advisor to
the City. Such expense payments shall continue beyond the City Manager's
service to the City as long as litigation is pending.
B. Yvette J. Harrell and the Law Offices of YJ Harrell, PLLC, shall defend,
indemnify and pay all judgments or settlements in regard to any personal
liability arising out of and in the scope of any activities, representations or
duties, as a result of acts or omission within the course and scope of her
employment with the Law Firm.
C. Nothing in this section shall constitute a waiver of sovereign immunity or a
waiver of any other defense or immunity to such lawsuits.
D. Nothing in this section shall create any private right of action against the
City by any third party.
E. Nothing in this section shall provide for any defense, indemnification or
payment if the City Manager acted in bad faith, with malicious purpose, or in
a manner exhibiting wanton and willful disregard of human rights, safety, or
property.
Section 16:Bonding
The City shall bear the full cost of any fidelity or other bonds required of the City
Manager under any law or ordinance.
Section 17: Other Terms and Conditions of Employment
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Employment Agreement: Yvette Harrell (City Manager)
The City, only upon written agreement with City Manager, 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 Manager, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of,
the City Charter, Ordinances or any state, or federal law.
Section 18: General Provisions
A. Integration. This Agreement sets forth and establishes the entire
understanding between the City and the City Manager relating to the
employment of the City Manager by the City. Any prior discussions or
representations by or between the City and the City Manager are merged
into and rendered null and void by this Agreement. The City and the City
Manager by mutual written agreement, approved by resolution of the City
Commission, 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. Binding Effect. This Agreement shall be binding on the City and the City
Manager as well as their heirs, assigns, executors, personal
representatives and successors in interest.
C. Effective Date. This Agreement shall become effective on August 2, 2016.
D. 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, 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 Manager subsequent to the
expungement or judicial modification of the invalid provision.
E. This contract shall be governed by the laws of the state of Florida and
venue shall be in Miami-Dade County, Florida.
Read and Approved as to Form, Language, Legality and Execution thereof:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
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Employment Agreement: Yvette Harrell (City Manager)
Executed on , 2016
Myra Taylor, Mayor
City of Opa-Locka, FL
Executed on , 2016
Yvette J. Harrell
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Employment Agreement: Yvette Harrell (City Manager)