Resolution 2021-31601 RESOLUTION NO. 2021-31601
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE COMMITTEE
OF THE WHOLE RELATING TO THE ANNUAL PERFORMANCE EVALUATION OF
THE CITY CLERK; AND, IN CONSIDERATION AND RECOGNITION OF THE CITY
CLERK'S PERFORMANCE DURING THE CONTRACT YEAR MAY 1, 2019
THROUGH APRIL 1, 2020, AMENDING THE CITY CLERK'S EMPLOYMENT
AGREEMENT BY: EXTENDING THE TERM OF THE CONTRACT FOR ONE
ADDITIONAL YEAR; MODIFYING THE EMPLOYEE PENSION ACCRUAL FACTOR
FOR THE CITY CLERK, FROM 3% TO 4%, SUBJECT TO ADOPTION OF
ORDINANCE AMENDMENT WITH RESPECT TO THE FOREGOING, TO PROVIDE
THE CITY CLERK WITH THE SAME ACCRUAL FACTOR AFFORDED TO THE CITY
MANAGER AND CITY ATTORNEY UNDER THE MIAMI BEACH EMPLOYEES
RETIRMENT PLAN; INCREASING THE CAP ON ACCRUED ANNUAL ACCRUED
LEAVE FROM 500 HOURS TO 650 HOURS; AND ANY COST OF LIVING
ADJUSTMENT FOR FY20/21, IF PROVIDED TO GENERAL UNCLASSIFIED
EMPLOYEES OF THE CITY.
WHEREAS, at its meeting on April 11, 2012, the Mayor and City Commission appointed
Rafael E. Granado to the position of City Clerk of the City of Miami Beach effective April 11, 2012;
and
WHEREAS, Mr. Granada's engagement is reflected in an Employment Agreement dated
April 22, 2015, and unanimously approved by the City Commission pursuant to Resolution No. 2015-
28994 (the "Employment Agreement"); and
WHEREAS, on July 13, 2016, Mr. Granado's Employment Agreement was further amended
pursuant to Resolution No. 2016-29513; and
WHEREAS, on July 26, 2017, Mr. Granada's Employment Agreement was further amended
pursuant to Resolution No. 2017-29960; and
WHEREAS, on July 17, 2018, Mr. Granado's Employment Agreement was further amended
pursuant to Resolution No. 2018-30384; and
WHEREAS, on September 11, 2019, Mr. Granada's Employment Agreement was further
amended pursuant to Resolution No. 2019-30992; and
WHEREAS, the Employment Agreement provides for an annual performance review and
evaluation of the City Clerk, at which time the City Commission shall review the annual salary and/or
other benefits of the City Clerk, and shall adjust in such amounts and to such extent as the City
Commission may determine it is desirable to do so; and
WHEREAS, the Employment Agreement further provides that an annual salary review of the
City Clerk will be made every year within thirty (30) days after May 1st of each Contract year; and
WHEREAS, on September 11, 2019, the Committee of the Whole met and discussed the
annual performance evaluation and salary/benefits review of the City Clerk; and
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WHEREAS, in prior years, the City's informal policy has been to refer the evaluation for the
performance of the constitutional officers to the Finance and Economic Resiliency Committee ("FERC"),
where the Chair of the Committee was instructed to meet separately with each constitutional officer with
regard to their performance and, in particular, any proposed contract changes the officer was proposing
to their employment contract, and the FERC Chair would then give a recommendation at the Committee
of the Whole meeting,which would then conduct its own evaluation; engage in discussion;ask questions;
make comments; and formally move any proposed action; and
WHEREAS, this year, in no small part due to the COVID-19 pandemic - which necessitated in
other matters taking priority on Commission agendas and Commissioners' schedules-the FERC Chair,
Commissioner Ricky Arriola, requested that the evaluations be done directly at a Committee of the Whole
meeting; and
WHEREAS, on January 27, 2021, the Committee of the Whole met, and discussed the annual
performance evaluation and salary/benefits review of the City Clerk; and
WHEREAS, in consideration and recognition of the City Clerk's performance for Contract Year
May 1, 2019 through April 30, 2020, the Mayor and City Commission hereby deem that it is in the best
interest of the City to approve an amendment to the City Clerk's Employment Agreement, all as further
set forth below.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that, in consideration and recognition of the City Clerk's exemplary
performance during Contract year May 1, 2019 through April 30, 2020, the Mayor and City Commission
hereby approve the following amendments to the City Clerk's Employment Agreement:
1. EXTENSION OF TERM
Extension of term for a period of one year to provide a new expiration date of April 30,2023.
2. RETIREMENT BENEFIT MULTIPLIER
In lieu of a merit increase, modify the employee pension accrual factor for the City Clerk from 3% to 4%.
(This will require approval via Ordinance.)All other financial terms listed in Resolution 2019-30992 shall
be extended for an additional year.
3. ACCRUED ANNUAL LEAVE
Increase cap on accrued annual leave, from maximum of 500 hours to maximum of 650 hours.
4. COST OF LIVING ADJUSTMENT. Any cost of living adjustment, if provided to general unclassified
employees of the City.
Mr. Granada's engagement as City Clerk shall continue under and pursuant to the terms and conditions
of the April 22, 2015 Employment Agreement, as approved pursuant to Resolution No. 2015-28994;
amended by pursuant to Resolution No. 2016-29513, Resolution 2017-29960, 2018-30384; and 2019-
30992, and as further amended by this Resolution, until the same is modified, amended, or terminated
by action of the Mayor and City Commission. This Resolution shall become effective upon adoption.
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PASSED and ADOPTED this /0 day of Fehvua"/ , 2021.
14:2/
Dan Gelber, Mayor
ATTEST:
APPROVED AS TO
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Rafael E. Granado, City Jerk
& FOR EXECUTION
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