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HomeMy WebLinkAbout23358AGREEMENT INFORMATION AGREEMENT NUMBER 23358 NAME/TYPE OF AGREEMENT DEPUTY CHIEF RONALD L. PAPIER DESCRIPTION CITY MANAGER DESIRES TO APPOINT AN INTERIM CHIEF OF POLICE TO TEMPORARILY FILL THE VACANCY LEFT THE RETIREMENT OF CHIEF OF POLICE / MATTER ID:21-468 EFFECTIVE DATE February 26, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/25/2021 DATE RECEIVED FROM ISSUING DEPT. 3/2/2021 , NOTE AGREEMENT This Agreement is entered into upon this ° (t' day of February, 2021, between the City of Miami, Florida, a Florida municipal corporation ("City"), and Deputy Chief Ronald L. Papier ("PAPIER"), (and collectively the"Parties") for the purposes of.a,temporary appointment to fill the vacancy in the position of Chief of Police of the Miami Police Department ("MPD"). WHEREAS, pursuant to Sections 16, 20 and 24 of the City of Miami Charter ("Charter") the City Manager has the exclusive authority to select the Chief of Police of the Miami Police Department; and WHEREAS, the City Manager desires to appoint an Interim Chief of Police to temporarily fill the vacancy left by the retirement of Chief Jorge Colina up to and until such time as anew permanent Chief of Police is selected and appointed by the City Manager; and WHEREAS, PAPIER is -aware-of and understands that if he accepts the temporary appointment to the position of Chief of Police of the MPD he will serve exclusively at the will and pleasure of the City Manager and is subject to the City Manager's supervision, control, and direction; and WHEREAS, PAPIER desires to accept the temporary appointment to theposition of Chief of Police and perform and assume responsibility for the provision of professional services to the CITY as the Chief of Police; and WHEREAS, PAPIER fully understands that his appointment to Interim Chief of Police is. temporary :in nature and he knowingly and willingly waives any and all rights he may have under the City' Charter, City Code, or any other laws, regulations, or policies relating to his suspension and removal as Chief of Police and will voluntarily -relinquish his temporary appointment to Chief of Police and resume his duties as Deputy Chief of Police.at.the conclusion of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. DUTIES A. The City hereby agrees to temporarily appoint PAPIER on a temporary basis as Interim Chief of Police to perform the functions and duties of Chief of Police and to perform other legally permissible and proper duties and functions as required by 1awand as the City shall from time to time assign during the term of this Agreement. B. PAPIER hereby agrees to perform all such functions and duties to the best of his ability and in a competent and efficient manner. PAPIER further agrees to focus his full professional time, ability, and attention to City business during,the term of this Agreement. Consequently; PAPIER hereby agrees not to engage in any other business pursuits whatsoever directly or indirectly, or render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City. This shall not preclude PAPIER from volunteering hisservices to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by PAPIER under this Agreement. 2. TERM A. This Agreement shall be in full force and effect starting February 26, 2021, and ending March 29, 2021, (the "Tenn"). The Parties shall have the option to mutually agree to extend the term of this Agreement in writing for up to an additional one (1) month, to and including April 26, 2021, on the same terms as set forth herein. B. Nothing in this Section shall prevent, limit or otherwise interfere with the right of the City to terminate this Agreement for any reason, or no reason at all before the end of the term. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of PAPIER to resign at any time from this temporary position with the City before the end of the term. D. Nothing in this Agreement shall preclude the termination of this Agreement by mutual consent of both parties before the end of the term.. 3. SALARY AND COMPENSATION PAPIER shall continue to receive his current salary during the term of this Agreement. 4. AT -WILL EMPLOYMENT STATUS A. as Interim Chief of Police, PAPIER will serve in an at -will employee and confidential status. PAPIER understands; acknowledges, and accepts that this position is not within the represented police bargaining unit, and that such position is a confidential position that is unrepresented. PAPIER and City agree that no representative of the City, or the City Manager, has made or can make any promises, statements, or representations which state or imply that PAPIER is hired, employed, orretained under any terms other than as an at -will employee. B. Due to the interim nature of the position, City and PAPIER understand and agree that PAPIER will be permitted to remainin his status as Deputy Chief of Police, upon termination of this Agreement, provided PAPIER has not engaged in any form of misconduct as defined in Section 4.0 post. C. Misconduct includes, but is not limited to, dishonesty, fraud, self- dealing, insubordination or other malfeasance or misfeasance committed in the performance of the Chief of Police's duties and responsibilities under this Agreement; or PAPIER's violation of any law which can be punished as a felony committed at any time. The determination of whether PAPIER is terminated due to misconductis .in the City's sole discretion; provided, however, that PAPIER has the right to provide a written or verbal explanation in response to any misconduct alleged pursuant to Sections 4.B and 4.0 r ' . F. 5. EXPRESS WAVER PAPIER fully understands his rights as set forth in the City Charter and City Code and 'that by accepting this temporary appointment he knowingly and willingly waives any and all rights he may have under the City Charter, City Code, or any other laws, regulations, or policies relating to hissuspension and removal as Chief of Police at the conclusion of this Agreement and he certifies that he will not, under any circumstances, contest or dispute the appointment of removal of his temporary appointment as Chief of Police. 6. HOURS OF WORK Due. to the nature of the employment of a person in the position of the.City's Interim Chief of Police, PAPIER will typically be required to work at least a full -and- complete work week of forty hours (40) per week, and devote whatever time is necessary to fulfill his employment responsibilities andduties as provided for in this Agreement. The Interim Chief of Police position is exempt from overtime laws including but not limited to the Fair Labor Standards Act. 7. ALL OTHER TERMS AND CONDITIONS: OF EMPLOYMENT Unless modified herein, PAPIER will continue to receive all benefits that he is currently entitled to as Deputy Chief of Police. 8. ENTIRE AGREEMENT This instrument constitutesthe sole and only agreement of the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 9. GENERAL PROVISIONS A: This Agreement is for the personal services of PAPIER,. and PAPIER may not assign any of rights, powers duties, or obligations under this Agreement. B. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial or to seek an award of attorney's fees from the other party. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D..Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. The City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 10. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument, Facsimile, .pdf, and other electronic signatures to the Agreement shall have the same effect as original signatures. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. For RONALD L. PAPIER: a1as7,c / Ronald L. PAPIER For the CITY: ATTEST: CITY OF IAMI, FLORIDA: Todd Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: . a.2.4f-ce I 6/6Va GKW Victoria NYkndez #21-468 Art Noriega V City Manager City Attorney