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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. @BCL@240B8931.Doc Page 1 of 2 333 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 2 334 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 335 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. 336 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. 3 337 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. 4 338 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] 5 339 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 <' t ,FLO p'+ 'rt QF SLMti t�T� 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