HomeMy WebLinkAboutReso 2024-3612RESOLUTION NO. 2024 - 12—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPOINTING AND APPROVING AN AGREEMENT WITH MAURICIO
BETANCUR FOR THE POSITION OF CITY CLERK OF THE CITY OF SUNNY ISLES
BEACH, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; PROVIDING THE CITY ATTORNEY WITH THE
AUTHORITY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article 3, Section 3.5 of the City of Sunny Isles Beach Municipal Charter
provides that there shall be a City Clerk who shall give notice of Commission meetings to its
members and the public, shall keep the minutes of the City's proceedings which shall be a
public record, and is authorized to administer oaths, attest to the Mayor's or Manager's
signatures, and shall perform such other duties as the Commission may prescribe from time to
time; and
WHEREAS, Section 3.5 further provides that the City Clerk shall be nominated by the
Mayor and confirmed by a majority of the City Commission; and
WHEREAS, after due consideration the Mayor has nominated Mauricio Betancur for the
position of City Clerk of the City of Sunny Isles Beach; and
WHEREAS, the City Commission wishes to confirm the appointment of, and approve an
employment with, Mauricio Betancur as City Clerk, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Confirmation of Appointment and Approval of Agreement. The City Commission
hereby confirms the appointment of, and approves the Agreement with, Mauricio Betancur for
the position of City Clerk of the City of Sunny Isles Beach, attached hereto as Exhibit "A", be and
the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of the City Attorney. The City Attorney is authorized to do all things
necessary to effectuate the terms of this Agreement.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
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PASSED AND ADOPTED this 18th day of Ja
Mauricip Betancurl CMC, City Clerk
,,2024.
risa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A�"Aat,d
ain E. Boileau, P.A., for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: CCS Z x64xASeconded by: �`SC
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
LZC
tYes)
(No)
Yes)
(No)
4/ (Yes)
(No)
es)
(No)
(Yes)
(No)
@BCL@240B8931.Doc Page 2 of 2
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S01 N i34tI
EMPLOYMENT AGREEMENT BETWEEN CITY OF
1F c'.FLoaO
SUNNY ISLES BEACH AND MAURICIO BETANCUR
OF SUN
THIS AGREEMENT is made and entered into this 9?J0-day of January, 2024, between the
CITY OF SUNNY ISLES BEACH, FLORIDA and MAURICIO BETANCUR, pursuant to the following
terms and conditions ("Agreement"):
A. WHEREAS, the City desires to employ the services of Mauricio Betancur as the City
Clerk of the City of Sunny Isles Beach, Florida (hereinafter "City"); and
B. WHEREAS, Mauricio Betancur desires to accept employment as City Clerk of City under
the terms and conditions as set forth herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and Mauricio Betancur agree to the following:
SECTION 1. DUTIES
A. The City agrees to employ Mauricio Betancur (hereinafter "Employee") as the City Clerk
of the City, to perform the duties and exercise powers as prescribed by the Charter of
the City of Sunny Isles Beach, Florida (hereinafter "Charter"), and to perform such other
legally permissible and proper duties and functions as assigned by the City Commission
from time to time.
B. The Employee shall perform the duties of City Clerk of the City in accordance with the
terms, conditions, and provisions contained in this Agreement and the Charter in a
professional and respectable fashion and with full decorum required of City Clerks
generally and as required by the standards of the International Institute of Municipal
Clerks (IIMC) and the Florida Association of City Clerks (FACC). Employee recognizes
that the position of City Clerk is not and cannot be an hourly -type employment and
agrees to devote that amount of time and energy, which is reasonably necessary for
the Employee to fully perform the duties required under this Agreement. Thus, the
Employee shall work as required to carry out his responsibilities. The City Commission
agrees to provide the Employee with the required personnel and equipment necessary
for the successful fulfillment of his duties.
SECTION 2. TERM OF AGREEMENT AND COMMENCEMENT DATE
A. Subject to the condition set forth in Section 10, this Agreement shall commence
immediately upon the date of approval by the City Commission and shall continue until
terminated, in accordance with Article 3.S of the Charter. The Employee shall serve at
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the pleasure of the City Commission. Notwithstanding the foregoing, Employee shall
commence employment as City Clerk under Article 3.5, as amended, immediately upon
approval of this Agreement by the City Commission.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of
the City Commission to terminate the services of Employee at any time, subject only to
the provisions set forth in Section 10 of this Agreement and Article 3.5 of the Charter.
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of
the Employee to resign at any time from the position of City Clerk, subject only to the
provisions set forth in Section 10 of this Agreement.
D. Employee agrees to remain in the exclusive employment of City and neither to accept
other employment nor to become employed by any other employer.
SECTION 3. SALARY
A. The initial annual base salary of Employee shall be One Hundred Forty -Eight Thousand
Eight Hundred Ninety -Nine Dollars and Eleven Cents ($148,899.11) which shall be
payable in bi-weekly installments at the same time as other Employees of the City are
paid. Notwithstanding any other provision in this Agreement, the annual base salary
herein shall commence immediately upon approval of this Agreement by the City
Commission. The Employee shall receive periodic merit increases as determined by the
City Commission in its reasonable discretion; provided, however, the Employee shall
receive an automatic yearly cost of living adjustment in the amount of three percent
(3%) of his annual salary on the anniversary date of approval of this Agreement.
B. The City Commission may evaluate the performance of the Employee to determine any
adjustment in annual salary and/or benefits at least once annually, during the City's
Annual Budget process. Any adjustments in said annual salary and/or benefits should
be based upon the results of the performance evaluation, within the sole discretion of
the City Commission.
SECTION 4. AUTOMOBILE ALLOWANCE AND CELLULAR TELEPHONE
A. The Employee requires the use of an automobile in the furtherance of his duties. The
City shall pay Employee a monthly automobile allowance in the amount of $600.00 for
use of his private automobile. In lieu of an automobile allowance, the City may provide
Employee with a City -owned vehicle and shall insure, maintain, and repair that vehicle,
provided, however that when the Employee uses the vehicle for his own personal use,
he shall be responsible for fuel costs. The car shall be a similar model and type
provided to other appointed charter officers.
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C. The City shall provide the Employee with a cellular telephone as provided to other
Senior Management employees of the City or a stipend in accordance with the City's
cellular telephone policy.
SECTION 5. RETIREMENT/DEFERRED COMPENSATION
A. The City shall contribute for Employee the statutory amount for senior management
employee into the Florida Retirement System.
SECTION 6. LIFE INSURANCE AND DISABILITY INSURANCE
The City shall pay the premiums for the Employee during the term of the Agreement on the
following:
1. $100,000 whole life insurance policy
2. $300,000 term life insurance policy
3. Disability policy equivalent to the amount of annual salary.
SECTION 7. HEALTH -DENTAL AND VISION COVERAGE
The City agrees to provide Employee with full family coverage for Health, Hospitalizing,
Dental and Vision Care as may be provided to other Charter Officers of the City, or the City
shall pay for the full premium for such coverage, unless employee elects to receive the
equivalent dollar cost.
SECTION 8. VACATION, PERSONAL LEAVE, SICK LEAVE, AND HOLIDAYS
City recognizes that Employee has been employed by City since 2004 and is currently
serving in the capacity of City Clerk since 2017. Consequently, in addition to the vacation,
personal leave, sick leave, and holidays previously accrued by Employee as of the date of
this Agreement, Employee shall continue accumulating vacation, personal leave, sick leave,
and holidays in accordance with the City's policies as applicable to the highest level
management employees of the City, as may be subsequently amended, and with full credit
for time previously accrued.
SECTION 9. PROFESSIONAL EXPENSES AND DEVELOPMENT
A. Subject to City policy, State law, the City agrees to pay the reasonable professional
expenses, dues and subscriptions of Employee necessary for conduct of City business
and for his continuation and participation as a member in national, state, and local
professional associations and organizations necessary and desirable for his continued
professional participation, growth and advancement, and for the good of the City.
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B. Subject to City policy and applicable law, the City agrees to pay the travel and
subsistence expenses of Employee for reasonable professional and official travel,
meetings, and occasions adequate to continue the professional development of
Employee and to adequately pursue necessary official and other functions of the City,
including but not limited to the annual conferences of the International Institute of
Municipal Clerks and the Florida Association of City Clerks.
����i[]►E��iIN 3 & I I z I-,,% frollk
A. In the event the City terminates the Employee in accordance with Article C-3.5 of the
Charter, the City agrees to provide Employee no less than sixty (60) days written notice,
which notice shall specify the effective date of termination, unless a shorter time
period is agreed to by the Parties, and Employee shall be entitled to a lump sum cash
severance payment equal to his aggregate salary and benefits for a maximum period of
twenty (20) weeks in addition to any accumulated personal leave.
B. In the event the Employee voluntarily resigns his position, the Employee shall give the
City sixty (60) days notice in advance, unless the Parties otherwise agree in writing. In
the event of resignation, severance pay as outlined above in Section 10(A) shall not be
payable.
C. In the event the Employee is asked to resign his position, and the Employee is willing
and able to perform his duties under this Agreement, the City agrees to pay the
Employee and adhere to the terms of this Agreement for a maximum period of twenty
(20) weeks in addition to any accumulated personal leave.
D. In the event that the City Clerk is terminated "for cause," which shall be defined
as an act of fraud, dishonesty, or conviction of any criminal act (except for minor traffic
infractions), the City shall have no obligation to grant severance pay.
SECTION 11. BONDING
The City shall bear the cost of any fidelity or other bonds required of the Employee under
any law or the City Charter.
SECTION 12. OTHER CUSTOMARY BENEFITS
The City shall afford the Employee the right to participate in any other benefits or working
conditions as provided for the Administrative and Management Employees of the City.
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SECTION 13. MISCELLANEOUS
A. Complete Agreement. It is understood and agreed that this document incorporates
and includes all prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and that the parties agree
that there are no commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
B. Amendment. No modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and with equal dignity herewith.
C. Severability. If any provision, or any portion thereof, contained in this Agreement is
held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this
Agreement, or portions thereof, shall not be affected and shall remain in full force and
effect.
D. No Waiver. The waiver by either party of a breach of any provision of this Agreement
by the other shall not operate or be construed as a waiver of any subsequent breach by
that party.
E. Obligations Personal. The rights and obligations herein granted are personal in
nature and cannot be transferred by the City Clerk.
F. Florida Law and Venue. This Agreement shall be governed by Florida law and any
litigation which may arise from this Agreement shall be filed and litigated in Miami -
Dade County, Florida.
G. Waiver of Jury Trial. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement, then the City shall be entitled to
its costs and attorney's fees at the pretrial, trial, and appellate levels. BY ENTERING
INTO THIS AGREEMENT, EMPLOYEE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
THIS AGREEMENT.
[SIGNATURE PAGE TO FOLLOW]
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WITNESS:
ArleeL' C0tL11vs
ATTEST:
M line PierreSaint, Asst. City Clerk
CITY OO"Y ISLES BEACH
BY IT .i CITY COMMISSION
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
340
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Larisa Svechin, Mayor
DATE: January 18, 2024
RE: Appointment of Mauricio Betancur as City Clerk
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
In May of 2023, via a referendum, the electorate of the city voted in favor amending section C-3.5
city's Charter to provide that the position of City Clerk report to the City Commission, a change frorT
the previous structure where they were appointed by and reported to the City Manager. Section C-3.5
further provides that the mayor nominate and the City Commission confirm the appointment.
ADDITIONAL INFORMATION:
Mauricio Betancur has been employed by the city for over 19 years, obtained the prestigious
designation of Certified Municipal Clerk in 2013, and has been serving as City Clerk since 2017. During
his tenure, he has served under 4 mayors, 5 city managers, and overseen 10 elections, including run-
offs.
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.N
332