Resolution 2023-32778Resolution No. 2023-32778
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, 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, 2022
THROUGH APRIL 30, 2023, AMENDING THE CITY CLERK'S
EMPLOYMENT AGREEMENT BY: (1) EXTENDING THE TERM OF THE
EMPLOYMENT AGREEMENT FOR A PERIOD OF TWO (2) YEARS,
COMMENCING MAY 1, 2024 AND EXPIRING ON APRIL 30, 2026; (2)
GRANTING A SALARY MERIT INCREASE IN THE AMOUNT OF THREE
PERCENT (3%), EFFECTIVE AS OF AND RETROACTIVE TO MAY 11
2023 AND AN INCREASE IN .THE CITY CLERK'S MONTHLY CAR
ALLOWANCE; AND (3) PROVIDING THAT THE CITY CLERK'S
DEFERRED COMPENSATION (CONSISTING OF THE ANNUAL 457(B)
CONTRIBUTION AND IRA CONTRIBUTION) SHALL ACCRUE BI-
WEEKLY AS OF THE CITY CLERK'S ANNIVERSARY DATE OF MAY 1,
2023, AND PAID IN INSTALLMENTS, IN ACCORDANCE WITH THE
PROVISIONS OF THIS RESOLUTION.
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. Granado'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. Granado'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. Granado's Employment Agreement was
further amended pursuant to Resolution No. 2019- 30992; and
WHEREAS, on February 10, 2021, Mr. Granado's Employment Agreement was
further amended pursuant to Resolution No. 2021-31601; and
WHEREAS, on September 14, 2022, Mr. Granado's Employment Agreement was
further amended pursuant to Resolution No. 2022-32327; 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, in consideration and recognition of the City Clerk's performance for
the contract year ending April 30, 2023, 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 for the contract year ending April
30, 2023, the Mayor and City Commission hereby approve the following amendments to
the City Clerk's Employment Agreement:
1. Extension of Term of the Employment Agreement.
The Employment Agreement shall be extended for a period of two (2) years, commencing
at 12:01 a.m. on May 1, 2024 and expiring at midnight on April 30, 2026, unless
terminated earlier or renewed as provided in the Employment Agreement.
2. Merit Adjustment and Car Allowance Adjustment.
a. As a merit increase, grant a salary increase in the amount of three percent (3%),
effective as of and retroactive to May 1, 2023.
b. Mr. Granado's car allowance shall be increased to the total amount of $800 per
month, effective as of and retroactive to May 1, 2023.
3. Terms Applicable to Deferred Compensation and IRA Benefits.
In January, 2023, the City Clerk was paid the maximum 457(b) deferred compensation
and IRA contribution ("deferred compensation") for the 2023 tax year in a lump sum, per
the terms of the Employment Agreement.
Effective as of May 1, 2023 (the anniversary date), the deferred compensation payments
shall accrue bi-weekly as of the anniversary date and shall be paid not later than quarterly.
Accordingly, consistent with the foregoing City Commission intent, and in accordance with
all applicable laws, the deferred compensation for the 2024 tax year, and each
subsequent tax year thereafter, shall be paid as follows:
(a) A payment in the first pay period in January consisting of the pro rata deferred
compensation accrued from the anniversary date of May 1, 2023 through December 31st;
and
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(b) From and after the January payment reflected in subsection 3(a) above for each
year, the City Clerk shall accrue the remaining deferred compensation payments for the
applicable tax year on a bi-weekly basis; to the extent possible, such payments shall be
made not later than quarterly, until the earlier of the City Clerk's next anniversary date or
such time as the maximum contribution limit for the applicable tax year is reached.
(c) If the maximum IRS contribution limit for the applicable tax year is reached
prior to the end of any tax year, all subsequent accrued and unpaid deferred
compensation payments shall be due and payable to the City Clerk as soon as possible
in the following applicable tax year (i.e., in the first pay period in January, as provided in
subsection 3(a) above).
(d) In the event of termination or expiration of the Employment Agreement, all
accrued and unpaid deferred compensation payments from and after the anniversary date
until the termination or expiration of the Employment Agreement shall be due and payable
to the City Clerk as soon as possible, in accordance with applicable laws.
4. Mr. Granado'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; as amended by Resolution Nos. 2016-29513, 2017-
29960, 2018-30384; 2019-30992, 2021-31601, and 2022-32327; 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.
PASSED and ADOPTED this /3 day of ! ee4*kr , 2023.
ATTEST:
SEP 2 6 2023
Rafael E. Granado, City Clerk
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Dan Gelber, Mayor
IN[ORP�yORkTE�,��
APPROVED AS TO
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FORM & LANGUAGE
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