2015-28994 Reso RESOLUTION NO. 2015-28994
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A NEW EMPLOYMENT AGREEMENT WITH CITY CLERK
RAFAEL E. GRANADO FOR A THREE (3) YEAR TERM,
COMMENCING ON MAY 1, 2015, AND ENDING ON APRIL 30,
2018.
WHEREAS, on April 11, 2012, the Mayor and City Commission appointed Rafael E.
Granado as City Clerk of the City of Miami Beach (City), to be effective on April 11, 2012; and
WHEREAS, the Mayor and City Commission desire to continue to retain Mr. Granado as
City Clerk and, accordingly, on December 17, 2014, referred the matter of negotiating and
entering into a new employment agreement with City Clerk Granado to the Finance and
Citywide Projects Committee (FCWPC), for further discussion; and
WHEREAS, the City Commission also appointed Commissioner Jonah Wolfson to serve
as its designee in negotiating the terms and conditions of a new employment agreement with
the City Clerk; and
WHEREAS, the City Clerk's proposed agreement was discussed by the FCWPC on,
April 8, 2015; and
WHEREAS, at the April 8, 2015 FCWPC, Vice-Mayor Wolfson outlined the negotiated
business terms of the City Clerk's new employment agreement (see Exhibit "A"), with all other
terms and conditions to remain unchanged from those set forth in the City Clerk's current benefit
package as is customarily received by unclassified general employees (and which the City Clerk
has received since his date of appointment on April 11, 2012); and
WHEREAS, following Vice-Mayor Wolfson's presentation, and having considered the
new business terms, the FCWPC recommended that the City Commission approve the new
employment agreement with the City Clerk; and
WHEREAS, the City Clerk's new employment agreement (the Agreement), has been
drafted by the City Attorney based upon the negotiated business terms and is attached as
Exhibit "B" hereto; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a new
Employment Agreement with City Clerk Rafael E. Granado for a three (3) year term,
commencing on May 1, 2015, and ending on April 30, 2018.
PASSED and ADOPTED this 16-day of //pril , 2015.
ATTEST:
Philip LeP in
-%
■/// Mayor /
R-fael E. Grana•?' 7.1* "''' / "' ./
INCORP
ORA TED!
T:\AGENDA\2015\April\CITY CLERK AGREEMENT\Rafael E.Granado-Reso Approving Employment Contract 4-1-15.docx
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
�► l5
City Attorney Date
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into this ot2 day of
APri , 2015, by, and between RAFAEL E. GRANADO ("Mr. Granado") and the CITY OF MIAMI
BEACH, FLORIDA (the "City") (collectively, the "Parties").
WHEREAS, on April 11, 2012, the Mayor and City Commission appointed Rafael E.
Granado as City Clerk of the City of Miami Beach (City), to be effective on April 11, 2012; and
WHEREAS, on April 9, 2015, the Finance & Citywide Projects Committee recommended
entering into an employment agreement with Mr. Granado, for a term of three (3) years,
commencing May 1, 2015, and ending on April 30, 2018; and
WHEREAS, the City, acting by and through its City Commission, desires to continue to
employ Mr. Granado as its City Clerk on the terms and conditions set forth in this Agreement,
and Mr. Granado desires to continue to be employed as City Clerk on those same terms and
conditions;
NOW, THEREFORE, the Parties agree as follows:
1. Recitations. Parties agree that the recitations above are true and correct and are
incorporated as if fully set forth here.
2. Employment. The City agrees to employ Mr. Granado as its City Clerk and Mr.
Granado agrees to be so employed. Mr. Granado will devote his full working time to his duties
as City Clerk and will not accept or perform any other employment, paid or unpaid, while he is
employed as City Clerk except as expressly set forth herein or expressly agreed to by the City
Commission by resolution and modification of this Agreement according to its terms. However,
nothing in this Agreement shall prohibit Mr. Granado from occasional other work, such as
teaching, writing, community activities, pro bono work, or civic or charitable activities as is
appropriate to this position of City Clerk, provided, however, that such work shall not interfere
with Mr. Granado's duties as City Clerk and shall not in any way reflect unfavorably on the City.
Mr. Granado shall at all times apply his best efforts to the performance of his duties as City
Clerk.
3. Employment At Will. Mr. Granado is employed at will and serves at the pleasure
of the City Commission. This Agreement and his employment may be terminated by the City
Commission at any time and for any reason or for no reason, subject only to the express
Termination provisions of this Agreement.
4. Duties. Mr. Granado will perform the duties of the office of City Clerk as set forth
in the Charter of the City of Miami Beach, Florida, and in the Code of the City of Miami Beach,
Florida, and all such duties customary and appropriate to this position of City Clerk and such
other appropriate duties as may be assigned by the City Commission or its designee from time
to time.
5. Effective Date. This Agreement shall become effective May 1, 2015 (the
"Effective Date").
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6. Term. The Agreement shall have a term of three (3) years, commencing at 12:01
a.m., May 1, 2015 (Commencement Date), and expiring at midnight, April 30, 2018, unless
terminated earlier or renewed as set forth herein.
7. Compensation. Granado shall receive compensation for performing the duties of
City Clerk as set forth in this Section 7. Nothing other than those items set forth in this Section 7
shall be considered or treated as compensation, wages, salary, earnings or remuneration to
Granado for any purpose whatsoever, including pension or for purposes of Section 448.08,
Florida Statutes, or in arbitration.
a. Salary. The City shall pay Mr. Granado a salary annualized at $190,000.00 to be earned
and to be accrued bi-weekly. This salary shall be paid bi-weekly according to the usual
payroll practices of the City applicable to unclassified general employees. Notwithstanding
the preceding sentence, the Parties agree and acknowledge that Mr. Granado shall be
entitled to and shall continue to receive the employee benefits packages customarily
received by unclassified employees (and which Mr. Granado has received since his date of
appointment on April 11, 2012.)
The City agrees to review the annual salary and/or other benefits of Mr. Granado at the time
of evaluation of performance as provided in Section 7.d. and make adjustments as the City
may determine. An annual salary review of Mr. Granado will be made every year within 30
days after May 1st of each year.
b. Insurance. The City will pay the full amount of premiums for the City-offered group medical,
and group dental plan selected by Mr. Granado. The City will pay the full amount of
premiums for the City-offered life insurance policy on Mr. Granado. Mr. Granado may (or, if
participation is mandatory, shall) participate in other City-offered insurance and benefits for
which he is eligible on the terms applicable to unclassified general employees.
c. Leave. Mr. Granado will be eligible to accrue, use, and convert leave hours to the extent and
on the terms applicable to unclassified general employees.
d. Annual Performance Evaluation. An annual performance evaluation, including salary and
benefits review (the "Evaluation"), of Mr. Granado will be made by the City Commission at
least once every year, within 30 days after May 1st of each year. At such time, the City
Commission shall review Mr. Granado's annual salary and/or benefits, and shall make
adjustments in such amounts and to such extent as the City Commission may determine
that it is desirable to do so. Additionally, at such time, the Mayor shall provide Mr. Granado
with a written summary of the findings of the City Commission and provide an adequate
opportunity for Mr. Granado to discuss the Evaluation with the City Commission.
8. Non-Compensation Expenses and Reimbursements. The City will pay for,
reimburse or otherwise provide for the items set forth in this Section 8. These items are paid for,
reimbursed or otherwise provided because they inure to the benefit of the City and do not
constitute compensation, wages, salary, earnings or remuneration to Granado for any purpose
whatsoever, including pension or for purposes of Section 448.08, Florida Statutes, or in
arbitration.
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a. Information and Communications Technology Expenses. The City will
provide to Mr. Granado adequate and reasonable information and communications
hardware, software, and services to support him in the performance of his duties as City
Clerk.
b. Subscriptions, Memberships and Fees. Mr. Granado may include, as an
expense item in the budget of the Office of the City Clerk, an amount to be used to pay
for such reasonable subscriptions, memberships, and fees and other similar costs, such
as travel and lodging, as may be incurred for development and advancement related to,
in support of, and inuring to the benefit of the City. No payment authorized hereunder
may be made to an entity that illegally discriminates on the basis of race, color, gender,
religion, national origin, age, disability, marital status or sexual orientation.
9. Renewal and Non-Renewal. The City Commission may renew or extend the
original term of this Agreement by resolution for succeeding periods as specified by the City
Commission on the same terms and conditions as then set forth in this Agreement or on such
modified terms and conditions to which it may agree with Mr. Granado. Should the City
Commission not renew or extend the original or any succeeding term, this Agreement shall
expire at the end of such original or succeeding term. Mr. Granado's employment shall
simultaneously end with the expiration of the original or succeeding term or period. Should the
City not renew this Agreement, it will either give Mr. Granado 90 days' notice of intent not to
renew or, if no notice is given, the City shall, commencing upon the end of his employment, pay
Granado an amount equivalent to 12 weeks of the salary amount set forth in Section 7.a. (the
"Separation Payments"), along with all payments due for work performed through the date of
termination and other payments due, if any, upon termination on the same terms and conditions
applicable to unclassified general employees and shall have no further liability to him
whatsoever. The Separation Payments will be paid bi-weekly according to the City's usual
payroll practices. Should Mr. Granado accept employment prior to the expiration of 12 weeks
after the date of expiration of the original or succeeding term, the Separation Payments shall
immediately cease and the City shall have no obligation to make Separation Payments then
remaining unpaid.
10. Termination by Mr. Granado.
a. With Notice. Should Mr. Granado terminate this Agreement by giving
notice not less than 90 days prior to termination, the City shall pay him in like manner as
if the Agreement were not renewed.
b. Without Notice. Should Granado terminate this Agreement by giving
notice less than 90 days prior to termination, the City shall pay him any payments due
for work performed through the date of termination and other payments due, if any, upon
termination on the same terms and conditions applicable to unclassified general
employees and shall have no further liability to him whatsoever.
11. Termination by the City. The City Commission may terminate this Agreement
and, thereby, Mr. Granado's employment at any time, without or without notice, and for any
reason or for no reason.
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a. Without Cause. Should the City terminate this Agreement without Cause,
as defined in Section 11.b., it shall pay Granado an amount equivalent to 20 weeks of
the salary amount set forth in Section 7.a. (the "Severance Payment"), along with all
payments due for work performed through the date of termination and other payments
due, if any, upon termination on the same terms and conditions applicable to
unclassified general employees and shall have no further liability to him whatsoever.
Should Florida law be changed to permit a Severance Payment greater than that
permitted under law at the time of the execution of this Agreement, the City Commission
will review the amount of the Severance Payment set forth in this Agreement. In the
event the City at any time during the term of this Agreement reduces the salary or other
financial benefits of Mr. Granado in a greater percentage than an applicable across the
board reduction for all employees of the City or in the event the City refuses after written
notice to comply with any other provision of this Agreement benefitting Mr. Granado or if
a majority of the entire City Commission in a public meeting requests that Mr. Granado
resign then Mr. Granado may, at his option, be deemed to be terminated at the date of
such reduction or such refusal to comply within the meaning and context of this Section
11.a.
b. With Cause. Should the City terminate this Agreement with Cause, as
herein defined, it shall pay Mr. Granado any payments due for work performed through
the date of termination and other payments due, if any, upon termination on the same
terms and conditions applicable to unclassified general employees and shall have no
further liability to him whatsoever, including no obligation to pay the Severance Payment
as defined in Section 11.a. Cause is defined as one or more of the following: material
breach of this Agreement; conviction of any felony; admission of conduct that would
constitute any felony; conduct that would constitute a violation of any applicable code of
ethics or professional conduct; conduct that would constitute malfeasance or
misfeasance in office as those terms are interpreted under Section 112.3187, Florida
Statutes; or other similar conduct that the City Commission reasonably determines
merits termination.
12. Pension. Mr. Granado shall become a member of the Miami Beach Employees
Retirement Plan as a condition of his employment pursuant to the governing ordinance of the
plan (which plan, at the time of the execution of this Agreement, includes an accrual factor of 3
percent for the position of City Clerk).
13. Bonds. The City shall bear the full expense of any fidelity or other bond required
of Mr. Granado in his capacity as City Clerk under any statute, ordinance or regulation.
14. Indemnification. The City shall indemnify and defend Mr. Granado or, at its
option, provide a defense to Mr. Granado against claims arising out of and in the course and
scope of his employment or function, consistent with and to the extent of Florida law under
Chapter 111, Florida Statutes, and a public official's right to a defense against claims arising
from their performance of their public duties performed while serving a public purpose under the
common law of Florida.
15. Notice. Any notice hereunder shall be effective if made by delivery, postage paid,
to the United States Postal Service or by a manner valid for personal service under the Florida
Rules of Civil Procedure or by public statement on the record during a meeting of the City
Commission in the presence of the party to whom notice is to be given. Notice, for purposes of
this Agreement, is to be given to:
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City: Mayor Philip Levine (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
and
City Attorney Raul Aguila (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Granado: Rafael E. Granado (or heirs)
888 Biscayne Boulevard # 5201
Miami, FL 33132
16. No Assignment or Delegation; No Third-Party Beneficiaries. The services
provided by Mr. Granado are considered unique and personal to him. Accordingly, Mr. Granado
may not delegate or assign any duty, obligation, or benefit attaching or accruing hereunder. This
Agreement is entered into and intended for the benefit solely of the City and of Mr. Granado and
not for the benefit of any other person or entity.
17. Entire Agreement, Severability, Modification, Waiver. The provisions of this
Agreement constitute the entire agreement between the Parties on its subject matter and this
Agreement supersedes any other agreement, understanding, representation, or promise
whatsoever. Mr. Granado agrees that he has relied solely upon the express language of this
Agreement in determining whether to enter into this Agreement and not upon any other
understanding or communication of any kind, whether written or oral. Should a court or arbitrator
of competent jurisdiction determine that any provision or portion thereof of this Agreement is
illegal, invalid, or unenforceable, the remaining provisions or portions thereof shall remain in full
force and effect. This Agreement may be modified only by a writing signed by both Parties and
approved by the City Commission by resolution. Waiver of any right or of any breach of this
Agreement by either party in any instance or instances shall not constitute or be construed as a
waiver in any other instance.
18. Construction, Governing Law, Headings. This Agreement shall be construed
according to its express language and not strictly for or against either Party, regardless of
authorship. This Agreement shall be governed by and according to the laws of the State of
Florida. Section headings are for convenience only and shall have no legal effect.
19. Arbitration. The Parties agree that any claim or dispute arising from this
Agreement, its interpretation, its renewal or its breach shall be settled in final and binding
arbitration by a single arbitrator under the Arbitration Policies and Procedures of the Federal
Mediation and Conciliation Service. A panel of arbitrators may be requested by either Party and
the Parties will select an arbitrator by alternative strikes. The first Party to strike will be
determined by agreement or coin flip. Each Party may one-time reject a proposed panel of
arbitrators and request another. The party requesting any panel shall bear the expense of the
request. The Parties shall bear equally the expense of the arbitrator and the location of the
arbitration hearing. The Parties shall each bear their own litigation costs, including attorney's
fees, court reporter fees, and witness fees, if any. The arbitrator shall apply a preponderance of
the evidence standard of proof. The party asserting a claim or affirmative defense shall have the
burden of persuasion as to that claim or affirmative defense. The arbitrator shall not have
authority to make any award of attorney's fees or the costs of the arbitration. The arbitrator shall
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confine himself or herself strictly to the language of this Agreement and shall have no authority
to add to, subtract from, or modify any term or provision of this Agreement. The arbitrator shall
have no authority to construe any law, regulation, rule, principle of law, decision, or provision or
provisions of this Agreement or to make any award that would result in or obligate the City,
directly or indirectly, to incur any debt, cost, expense, or liability in excess of the amount initially
budgeted, approved, and appropriated for the funding of this Agreement. Any such purported
construction or award will be null and void. The arbitrator's award shall be subject to
enforcement or vacation by the Circuit Court according to law. Moreover, and without waiving
the preceding limitation, in no case shall the City be liable for any punitive, consequential,
indirect or incidental damages whatsoever.
20. Counterparts, Electronic Signatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original and all of which together shall
constitute a single instrument. Execution and delivery of this Agreement by electronic exchange
bearing the copies of a Party's signature shall constitute a valid and binding execution and
delivery of this Agreement by such Party. Such electronic copies shall constitute enforceable
original documents.
WHEREFORE, the Parties, after full consideration, including consultation with
independent counsel, do knowingly, voluntarily, and intending to be legally bound, hereby enter
into this Agreement duly executed on the dates written below.
Attest: FOR CITY OF MIAMI =- ' , •RIDAe
-a,/ /
R.fael E.�.-r�., d•l,, +�:u,;llerk Philip
49,`C � ��♦♦ �:;�' of , 2015.
•
INCORR ORATED'
E FOR CITY CLERK:
•
#A __Witness Signr*" Rafael E. Granado,
(b,a:-yh 1(0 day of AP n , 2015.
Print Name
,.lit - s Signature
. iS L rJ ,
P ' me APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\2015\April\CITY CLERK AGREEMENT\Rafael E.Granado Employment Agreement ocx & FOR EXECUTION
Exhibit B 6
4 r5
City Atto ney Date
Business Terms
Term: Three (3) years, Commencing on May 1, 2015 and ending on April 30, 2018.
Compensation: Salary annualized at $190,000.00, to be paid bi-weekly. With all other
terms and conditions to remain unchanged from those set forth in the City Clerk's
current benefit package as is customarily received by unclassified general employees
(and which the City Clerk has received since his date of appointment on April 11, 2012).
Severance Payment: Should the City terminate the City Clerk's Employment
Agreement without Cause, it shall pay Mr. Granado an amount equivalent to 20 weeks
of the salary amount, as authorized by Florida Statutes.
Exhibit A ------- ----- - ----- -------.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
al- MIAMI BEACH
State of Florida
County of Miami-Dade
I, Rafael E. Granado, a citizen of the State of Florida and of the United States of America, and
being employed by or an officer of the City of Miami Beach and a recipient of public funds as
such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution
of the United States and of the State of Florida; and that I will well and faithfully perform the
duties of City Clerk of the City of Miami Beach.
Rafael E. Granado
Sworn to and subscribed before me this day of h P a`L , 2015
NEE ISM 441.111e. ®
1915 • 2015
0, n\ l
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of - Commission
FROM: Jonah Wolfson, City Commission- /
CC: Rafael E. Granado, City Clerk
DATE: April 15, 2015
SUBJECT: City Clerk's New Employment Agreement
As directed by the City Commission, I met with the City Clerk on various occasions
regarding the negotiation of his new employment agreement. Following conclusion of
our negotiations, on April 8, 2015, I presented the Finance and Citywide Projects
Committee the business terms of the City Clerk's proposed contract. The terms were
approved by the Committee with the recommendation that the final employment
agreement be prepared by the City Attorney and be presented to the City Commission
for consideration.
(See Business Terms included herein as Exhibit "A.")
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic Agenda Item IR7 Z
Date 4-I Y I S