Res No 180-22-15933RESOLUTION NO: 180-22-15933
A Resolution by the Mayor and City Commissioners of the City of South Miami
authorizing the Mayor to negotiate and execute a multi-year employment contract
with the City Manager in substantially the attached form.
WHEREAS, on December 6, 2022, the Mayor and Commission passed a Resolution,
appointing Genaro C. Iglesias as the City Manager, effective January 23, 2023, and authorizing
the Mayor to negotiate and execute an employment contract; and
WHEREAS, due to advertising requirements, the employment contract attached to the
approved resolution was for a term from January 23, 2023, through September 30, 2023; and
WHEREAS, the attached contract includes a negotiated term from January 23, 2023
through January 30, 2026; and
WHEREAS, the Mayor and City Commission have individually reviewed the qualifications
of the applicants and desire to appoint from among the same as the new City Manager; and
WHEREAS, the City Commission wishes to execute the attached an employment contract
with the new City Manager, Genaro C. Iglesias.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption hereof.
Section 2. The City of South Miami Commission hereby authorizes execution of the
attached employment contract with Genaro C. Iglesias.
Section 3. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will
not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this 20th day of December. 2022.
Page 1 of2
Res. No. 180-22-15933
ATTEST: APPROVED:
K t)
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0
LANGUAGE, LEGALITY AND
EXECUTION THEREOF: Mayor Fernandez: Yea
Zefa Vice Mayor Bonich: Yea
Commissioner Ca lle: Yea
Commiss ioner Corey: Yea
Commissioner Liebma n: Yea
Page 2 of 2
Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: December 20, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution by the Mayor and City Commissioners of the City of South Miami authorizing the Mayor to
negotiate and execute a multi-year employment contract with the City Manager in substantially the attached
form. 3/5 (Mayor Fernández)
Suggested Action:
Attachments:
Reso - Updated Appointment of City Manager.docx
City_Manager_Contract_Final 12_8_2022_Clean CArevCLEAN.docx
MDBR Ad.pdf
MH Ad.pdf
1
1
EMPLOYMENT AGREEMENT BETWEEN
CITY OF SOUTH MIAMI, FLORIDA AND GENARO C. IGLESIAS
This Agreement, made and entered into this ___ day of ________________, 2022, by and
between the City of South Miami, Florida, a municipal corporation (hereinafter, the “City”) and
Genaro C. Iglesias (hereinafter, the “City Manager”), an individual who has the education,
training and experience in local government management, both of whom agree as follows:
Section 1: Term
The term of this Agreement shall be from the 23
rd day of January 2023 through to the 30
th
day of January 2026.
If the City Manager is terminated, as drafted in Section 9 of this Agreement, the City
Manager shall be entitled to all compensation that shall include salary accrued vacation and car
allowance in accordance with Section 10. This compensation shall be paid in a lump sum or, at
the City’s option, in a continuation of salary, on the existing [biweekly/monthly] basis, up until
the date of termination.
Section 2: Duties and Authority
A.The City agrees to employ Genaro C. Iglesias as City Manager to perform the
functions and duties specified in Article III, Section 5 of the Charter of the City and to perform
other legally permissible and proper duties and functions without interference.
B.The City Manager is the chief executive officer of the City and shall faithfully
perform the duties as prescribed in the job description as set forth in the City’s charter and
ordinances as may be lawfully assigned by the City Commission and shall comply with all lawful
governing body directives, county, state and federal law, City policies, rules and ordinances as
they exist or may hereafter be amended or enacted.
C.It shall be the duty of the City Manager to employ, direct, assign, reassign,
evaluate, and to accept resignations of all the employees of the City under his supervision
consistent with policies, ordinances, charter, state, and federal law.
D.It shall also be the duty of the City Manager to organize, reorganize, and arrange
the staff of the City and to develop and establish internal regulations, rules, and procedures which
the City Manager deems necessary for the efficient and effective operation of the City consistent
with the lawful directives, policies, ordinances, city charter, county, state and federal law.
E.The City Manager shall perform the duties of city manager with reasonable care,
diligence, skill and expertise.
4
2
F.All duties assigned to the City Manager by the governing body shall be
appropriate to and consistent with the professional role and responsibility of the City Manager.
G.The City Manager cannot be reassigned from the position of City Manager to
another position without the City Manager’s express written consent.
H.The City Manager or designee shall attend, and shall be permitted to attend, all
meetings of the governing body, both public and closed, or otherwise consistent with state law.
I.The governing body, individually and collectively, shall refer in a timely manner
all substantive criticisms, complaints and suggestions called to their attention to the City Manager
for study and appropriate action.
Section 3: Compensation
City agrees to pay City Manager an annual base salary of $245,000.00 payable in
installments at the same time that the other management employees of the City are paid, and the
salary shall be subject to the same cost of living increase as other City employees.
Section 4: Health, Disability and Life Insurance Benefits
A.The City agrees to provide and pay the premiums for health, hospitalization,
surgical, vision, dental, and comprehensive medical insurance for the City Manager and his her
dependents, at a minimum, equal to that which is provided to all other employees of the City.
B.The City agrees to put into force and to make required premium payments for
both short-term and long-term disability coverage for the City Manager.
C.The City shall pay the amount of premium due for term life insurance in the
amount of two (2) times the City Manager’s annual base salary, including all increase in the base
salary during the life of this Agreement.
Section 5: Vacation and Sick
The City Manager shall accrue sick leave at the rate of one (1) day per month. Vacation
leave shall accrue at the rate of 2.33 days per month. The City Manager shall be entitled to
payment for any accrued sick and vacation time payable at the salary rate at the time of the
termination of this Agreement. Notwithstanding the foregoing, the City Manager shall be eligible
for the use of up to ten (10) days of vacation time on the effective date of this Agreement (the
“Advanced Vacation Benefit”). If the City Manager is terminated prior to accrual of the vacation
time equal to the Advanced Vacation Benefit, the City shall deduct the value of any such non-
accrued vacation time from any final compensation payable to the City Manager.
5
3
Section 6: Automobile
The City agrees to pay to the City Manager, during the term of this Agreement and in
addition to other salary and benefits herein provided, the sum of $600 per month, payable
monthly, as a vehicle allowance, or at the City Manager’s option, a City vehicle selected by the
City Manager and purchased or leased by the City which may also be used for personal use. The
monthly allowance shall be changed annually by the change in the Consumer Price Index used
by the City for determining the cost-of-living increase in the City Manager’s salary
Section 7: Retirement
The City agrees to pay an amount equal to fourteen percent (14%) of the City Manager’s
salary into a retirement plan, designated by the City Manager on the City Manager’s behalf, in
equal proportionate amounts each pay period.
Section 8: General Business Expenses
A.City may budget and pay for professional dues, travel, short courses, and
seminars.
B.City shall pay for or reimburse the City Manager for all ordinary, necessary and
reasonable business expenses incurred or paid by the City Manager in furtherance of City’s
objectives, all of which shall be reimbursed and paid in accordance with City’s policies and
procedures of general application. The City shall provide the City Manager with a credit card to
be used by the City Manager to pay for these expenses.
C.Recognizing the importance of constant communication and maximum
productivity, the City shall provide the City Manager with a laptop computer, software, and a
monthly allowance of one hundred fifty dollars ($150) for mobile phone.
Section 9: Termination
This Agreement may only be terminated for the reasons set forth in this section. For the
purpose of this Agreement, termination shall occur:
A.If three (3) members of the governing body vote to terminate the City Manager
without cause (as defined in this Agreement) at a properly posted and duly authorized public
meeting or if the City Commission fails to appropriate each year an amount sufficient from
available funds of the municipality to pay all financial obligations of the City pursuant to this
Agreement for that year, including but not limited to, the severance and other benefits set forth
in Section 10.
6
4
B.If any provisions of the charter or code of ordinances pertaining to the role,
powers, duties, authority and responsibilities of the City Manager’s position that substantially
changes the form of government, the City Manager shall have the right to declare that such
amendments constitute termination.
C.The City shall not reduce the base salary, compensation or any other financial
benefit of the City Manager and if it does, such action shall constitute a breach of this Agreement
and will be regarded as termination unless the City enacts salary reductions for Department
heads and general employees to the same extent. In the latter event, the City Manager’s salary
may be reduced accordingly and such event shall not be an event of termination or breach.
D.If the City Manager resigns following an offer to accept his/her resignation, by
resolution of the majority of the governing body, then the City Manager may resign and declare
a voluntary termination as of the date of the resolution.
E.In the event the City Manager is found to have committed an act of fraud or
dishonesty or is convicted of any criminal act (except for minor traffic infractions) or is in
substantial breach of this Agreement (hereinafter referred to as termination for cause). Written
notice of any of these grounds for termination shall be provided to the City Manager at least 15
days prior to the adoption of a resolution that terminates the City Manager’s employment.
F.The City Manager resigns as provided in Section 11, without a request from the
commission as set forth in paragraph 4 above.
Section 10: Severance
Severance shall be paid to the City Manager when employment is terminated as defined
in Section 9, unless termination is for cause, as provided for in paragraph E of Section 9, or due
to his or her voluntary resignation as provided in paragraph F of Section 9. When severance is
owed, the City shall provide a minimum severance payment equal to four (4) months salary at
the then current rate of pay as well as the benefits set forth in Sections 4, 5, 6, and 7 of this
Agreement. This severance shall be paid in a lump sum or in a continuation of payment of salary
and benefits on the existing biweekly/monthly basis, at the City’s option. City agrees to continue
contributing to the following benefits during the 4-month severance period:
A.City Manager’s retirement account or plan in effect on the date of termination, at
the rate in effect on the date of termination; and
B.All other benefits set forth in this Agreement.
If the City Manager is terminated for the causes set forth in paragraph E of Section 9, or
voluntarily resigns, then the City is not obligated to pay severance under this section.
7
5
Section 11: Resignation
In the event the City Manager voluntarily resigns his or her position with the City without
a request from the City Commission, as set forth in paragraph D of Section 9, the City Manager
shall provide a minimum of thirty (30) days’ notice unless City Commission and the City Manager
agree otherwise.
Section 12: Performance Evaluation
A.The City Commission may annually review the performance of the City Manager
pursuant to the requirements set forth in Section 2-4.4 of the City Code.
Section 13: Hours of Work
City recognizes that the City Manager may devote a great deal of time outside the normal
office hours on business for the City, and to that end City Manager shall be allowed to establish
an appropriate work schedule. The schedule shall be appropriate to the needs of the City and
shall allow the City Manager to faithfully perform his or her assigned duties and responsibilities.
Section 14: Ethical Commitments
The City Manager shall alwaysuphold the tenets of the ICMA Code of Ethics. Specifically,
the City Manager shall not endorse candidates, make financial contributions, sign, or circulate
petitions, or participate in fundraising activities for individuals seeking or holding elected office,
nor seek or accept any personal enrichment or profit derived from confidential information or
misuse of public time. Provided, however, the City Manager may attend fundraisers for issues
or candidates, excluding City of South Miami issues or Mayor/Commission seats.
The City shall support the City Manager in keeping these commitments by refraining from
any order, direction or request that would require the City Manager to violate the ICMA Code of
Ethics Specifically, neither the governing body nor any individual member thereof, shall request
the City Manager to endorse any candidate, make any financial contribution, sign or circulate any
petition, or participate in any fundraising activity for individuals seeking or holding elected
office.
Section 15: Outside Activities
The employment provided for by this Agreement shall be the City Manager’s primary
employment. Recognizing that certain outside consulting or teaching opportunities provide
indirect benefits to the City and community, the City Manager may have, or elect to accept,
limited teaching or speaking opportunities with the understanding that such arrangements must
not create a conflict of interest nor constitute interference with his responsibilities under this
8
6
Agreement. All other outside employment by the City Manager shall be approved by resolution
of the City Commission.
Section 16: Indemnification
A.The City shall defend, indemnify, and pay all judgments or settlements regarding
any personal liability arising out of and in the scope of the City Manager’s responsibilities, to the
fullest extent authorized by Section 111.071, Florida Statutes, and other laws, and in accordance
with South Miami Code of Ordinances Sec. 2-4.6 titled “Indemnification,” in addition to any
insurance purchased by the City. The City agrees to pay all reasonable litigation expenses of the
City Manager throughout the pendency of the City of South Miami litigation to which the City
Manager is a party resulting from such acts or omissions within the course and scope of his or
her employment, including when the City Manager is a witness or advisor to the City. Such
expense payments shall continue beyond the City Manager’s service to the City for as long as
litigation is pending.
B.Nothing in this section shall constitute a waiver of sovereign immunity or a wavier
of any other defense or immunity to such lawsuits.
C.Nothing in this section shall create any private right of action against the City by
any third party.
D.Nothing in this section shall provide any defense, indemnification or payment if
the City Manager acted in bad faith, with malicious purpose, or in a manner exhibiting wanton
and willful disregard of human rights, safety or property.
Section 17: Bonding
The City shall bear the full cost of any fidelity or other bonds required of the City Manager
under any law or ordinance.
Section 18: Other Terms and Conditions of Employment
The City, only upon written agreement with the City Manager and approved by
resolution, may add any such other terms and conditions of employment, as it may determine
from time-to-time, relating to the performance of the City Manager, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of, the City Charter, local
ordinances, or any other law.
Section 19: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, (by registered mail to the Mayor and the City Manager), postage
9
7
prepaid, personal service, provided the recipient signs a receipt which must be produced to prove
delivery, or by some other service, including e-mail (e-mail to the City Clerk constitutes delivery
to the Mayor and the City Attorney), if it provides proof of delivery or receipt, and addressed as
follows:
CITY:Mayor
6130 Sunset Drive
South Miami, FL 33143-5093
With a copy to:City Attorney
6130 Sunset Drive
South Miami, FL 33143-5093
Nkenga A. Payne, CMC
City Clerk
6130 Sunset Drive
South Miami, FL 33143-5093
E-mail: NPayne@southmiamifl.gov
CITY MANAGER:Genaro C. Iglesias
8545 S.W. 108th Street
Miami, FL 33156-3541
E-mail: chipiglesias@gmail.com
Notice shall be deemed given as of the date of personal service provided the recipient signs a
receipt, which must be produced to prove delivery, or as the date of receipt if sent by registered
mail or if delivered by some other service that provides proof of delivery.
Section 20: General Provisions
A.Integration. This Agreement sets forth and establishes the entire understanding
between the City Commission and the City Manager relating to the employment of the City
Manager by the City Commission. Any prior discussions or representations by or between the
members of the City Commissioner and the City Manager are merged and rendered null and
void by this Agreement. The City Commission and the City Manager by mutual written
agreement, approved by resolution of the governing body, may amend any provision of this
Agreement during the life of the Agreement. Such amendments shall be incorporate and made
part of this Agreement.
B.Binding Effect. This Agreement shall be binding on the City Commission and the
City Manager as well as their heirs, assigns, executors, personal representatives and successors
in interest.
10
8
C.Effective Date. This Agreement shall become effective on the _____ day of
December 2022.
D.Severability. The invalidity or partial invalidity of any portion of this Agreement
will not affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have
been executed by both City Commission and City Manager after the expungement or judicial
modification of the invalid provision.
E.Precedence. In the event of any conflict between the terms, conditions and
provisions of this Agreement and the provisions of the City’s permissive ordinances or the City’s
rules and regulations, or any permissive state or federal law, then, unless otherwise prohibited
by law, the terms of this Agreement shall take precedence over contrary provisions of the City’s
permissive ordinances, or the City’s permissive rules and regulations or any such permissive law
during the term of this Agreement. Permissive, for the purposes of this Agreement, means not
mandatory.
F.Waiver of Jury Trial. The parties to this Agreement hereby waive any right they
may have to a jury trial regarding any matter or dispute between the parties and arising out of
this Agreement.
G.This contract shall be governed by the laws of the state of Florida and venue shall
be in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties to this Agreement between the City and
City Manager have set their hands and seal on the date set forth below each of their names.
[SIGNATURE PAGE TO FOLLOW]
11
9
ATTESTED:CITY OF SOUTH MIAMI
By: _________________________By: _______________________________
Nkenga A. Payne, CMC Javier E. Fernández
City Clerk Mayor
Executed this ____ day of ________, 2022.
GENARO C. IGLESIAS
By: ________________________________
Genaro C. Iglesias
Executed this ______ day of _________, 2022.
Read and Approved as to Form,
Language, Legality and Execution
Thereof:
By: __________________________________
Thomas F. Pepe
City Attorney
12
13
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned au thority perso nally appeared
GUILLERMO GARCIA , who on oath says that he or she is th e
DIRECTOR OF OPERATIONS , Leg al Notices of the Miami Daily
Business Re vi ew f/k/a Miami Review , a da il y (except
Saturday , Sunday and Lega l Holidays) newspaper,
publ ished al Miami in Miami-Dade County, Florid a; that th e
attached copy of advertisement , be ing a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -DEC . 20 , 2022
in the XXXX Court ,
was published in said newspaper by print in the issues of
and/or by publication on the newspaper's website , if
authorized, on
12/09/2022
Affian\ fu rthe r says that the newspaper complies with all
legal require ments for publication in chapter 50, Flori da
Sta tute s.
Swor and subscribed before me this
9 day of DECEMBER , A.D. 2022
GU ILL ERMO GARCIA persona lly known to me
,../~-~Y.~~---ROSANA SALGADO t_;(&)~} Commission # HH 336987
·-~~,:;,·;1i.o.~~_.. Expires November 30 2026 ....... , .
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and
conduct vital business during the COVID 19 pandemic and, at the same time ,
to protect the health , safety and welfare of its citizens, officers, officials
and admin istrative staff, and pursuant City of South Miam i Code , Chapter
286 .011 , Fla. Stat, the City's Home Rule Powers, and City Manager's
declaration of a state of emergency due to the Coronavirus, the City will be
holding its City Commission Meeti ng live in chambers and VIRTUALLY
through communicat ions med ia technology (CMl) until the state of emergency
has ended or social distancing is no longer requ ired by any relevant Executive
Orders. All Commission members will participate in Chambers or by video
conferencing through the Zoom platform and members of the public may join
the meeting via Zoom at (htt s:/ zoom.usr/3056636338 and participate.
At a minimum, at least three members of the City Commission will be
physical ly present in the City Commission Chambers 1 and they will be
broadcast on the Zoom platform along with all other members of the
Commission, City Staff and the public who may attend remotely from the
Commission Chambers and from other locations .
14
Ci+'/ of Sol)-\-v\ Miam\
Public Heav,ngs
The meeting is scheduled to begin on Tuesda December 20 2 ....fil
7:00 .m. to consider the following public hearing item(s):
A Resolution by the Mayor and City Commissioners of the
City of South Miami authorizing the Mayor to negotiate and
execute a multi-year emplo~ent contract with the City Manager
In substantially the attached form.
A Resolution authorizing the City Manager to enter into a
multi-year lease agreement for City copiers onto a piggyback
agreement with OMNIA Partners, a purchasing cooperative:
A Resolution authorizing the City Manager to purchase and
enter into a multi-year maintenance and service agreement with
ADS Technology for the South Miami Par1clng Garage security
system.
Resolution relating to a Flnal Plat application ..to....Q!lo w.._a
replat of a 0.954-acre property, comprised of three contiguous,
vacant parcels bound by SW 64th Terrace to the north and
SW 61st Court to the west of the three parcels, and as legally
described herein.
An Ordinance amending the City of South Miami, Florida,
Code of Ordinances, Chapter 2, Article I, Section. 2-2.1 regarding
rules of procedure of City Commission to conform to the
November 8, 2022, Charter referendum concerning the number
of required Commission meetings.
An Ordinance amending the C i ty of South Miami Code of
Ordinances, Chapter 2, Article Ill, and repealing Section 2-26.7 -
Commercial Development Board and amending Section 2-26.
10 and converting the Par1clng Board Into the "Hometown
District Advisory Board."
An Ordinance of the City of South Miami, Florida, abandoning
the north 5 feet of the right of way described as the South 10
feet of Lot 37 W. A. Larkins Subdivision as recorded at Plat
Book 3 at Page 198 of the public records of Miami-Dade
County, Florida.
If you d esi re to present evidence or you are unable to use Zoom, there are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City
Hall and at httP.://www.sout mia 'fl. ov/580/Public-Meetin s-Noti ces.
Anyon e who wishes to rev iew pend ing application, supporting documen ta tion
or who desi re to have documents made available for viewing by everyone
during th e mee ting must contact the City Clerk by calling 305-663-6340 .
Note tha pu uant to Florida Statutes 286.0105, a person who decides-to
appeal any decis ion made by a Board , Agency or Commiss ion with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for sai d appeal and such person will be required to have a
verbatim transcript of the proceedings Inc lu ding the testimony and evidence
upon which the appeal is to be based .
ADA: To request a modification to a policy, practice or procedure or to re-
quest an auxiliary aide or service in order to participate in a City program ,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive ,
South Miami, Florida or email at npayne@southmiamifl .gov.
NkengaA. Payne, CMG, FCRM
City Clerk
1 The minimum standards for adopting a ll:Solution or enacting an ordinance
are set forth in 166.041(4) ... A majority ol the members of the governing
body shall constitute a quorum . An affirmativa vote of a maprity of a quorum
present is necessary to enact any ord inance or adopt any resolution . •-
12/9 22-57l0000635324M
SUNDAY DECEMBER 11 2022 NEIGHBORS ...................................................................................................19SE
15
MIAMI-~ C o m m u n i t y C o u. n c i I I cmmmiiiil' B o a rd Va c a n c I e s I
Several Community Councils are
accepting applications for
appointments to the
following subareas:
Community Council 2
(Northeast)
Subarea-23
Subarea-24
Subarea-26
Community Council 5
(Country Club of Miami)
Subarea-53
Community Council 7
(Biscayne Shores)
Subarea -71(a)
Subarea -71(b)
Subarea -72(a)
Subarea -72(b)
Subarea -73(a)
Subarea -73(b)
Community Council 8
(North Central)
Subarea-81
Subarea -85
Subarea -At-Large
Community Council 10
(Westchester)
Subarea -101
Subarea -103
Subarea -105
Community Council 11
(West Kendall)
Subarea -112
Subarea -113
Subarea -115
Subarea -116
Subarea -At-Large
Community Council 12
(Kendall)
Subarea -124
Community Council 14
(Red land)
Subarea -141
Community Council 15
(South Bay)
Subarea -155
Subarea -156
Community Council 16
(Fisher Island)
Subarea -161-(b)
Subarea-161-(f)
Applicants must be registered voters and reside within the
physical boundaries of the Council area for at least six (6)
months prior to appointment, and for at least three (3) years
as a resident elector of Miami-Dade County. An appointment
to the vacancy will expire upon the certification of the 2024
primary election.
For more information, interested candidates should
contact the Zoning Agenda Coordinator's Office of
the Miami-Dade County Department of Regulatory and
Economic Resources (RER) at 305-375-1244.
Candidates will be required to submit a copy of their
voter registration card, photo ID and an updated resume
to the Zoning Agenda Coordinator's Office at Stephen
P. Clark Center, 111 NW 1st Street, 11th Floor, Miami,
Florida 33128.
Miami-Dade County employees are not eligible.
For legal ads online, go to~
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital business
during the COVID 19 pandemic and, at the same time, to protect the health, safety and
welfare of its citizens, officers, officials and administrative staff, and pursuant City of South
Miami Code, Chapter 286.011, Fla . Stat, the City's Home Rule Powers , and City Manager's
declaration of a state of emergency due to the Coronavirus, the City will be holding its
City Commission Meeting live in chambers and VIRTUALLY through communications media
technology (CMT) until the state of emergency has ended or social distancing is no longer
required by any relevant Executive Orders . All Commission members will participate in
Chambers or by video conferencing through the Zoom platform and members of the public
may join the meeting via Zoom at (https ://zoom.us/j/3056636338) and participate. At a
minimum, at least three members of the City Commission will be physically present in the
City Commission Chambers' and they will be broadcast on the Zoom platform along with all
other members of the Commission, City Staff and the public who may attend remotely from
the Commission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday, December 20, 2022, at 7:00 p.m. to
consider the following public hearing item(s):
A Resolution by the Mayor and City Commissioners of the City of South Miami
authorizing the Mayor to negotiate and execute a multi-year employment contract
with the City Manager in substantially the attached form.
A Resolution authorizing the City Manager to enter into a multi-year lease
agreement for City copiers onto a piggyback agreement with OMNIA Partners, a
purchasing cooperative.
A Resolution authorizing the City Manager to purchase and enter Into a multi-year
maintenance and service agreement with ADS Technology for the South Miami
Parking Garage security system.
A Resolution relating to a Final Plat application to allow a replat of a
0.954-acre property, comprised of three contiguous, vacant parcels bound by SW
64th Terrace to the north and SW 61 st Court to the west of the three parcels, and
as legally described herein.
An Ordinance amending the City of South Miami, Florida, Code of Ordinances,
Chapter 2, Article I, Section. 2-2.1 regarding rules of procedure of City Commission
to conform to the November 8, 2022, Charter referendum concerning the number
of required Commission meetings.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2,
Article Ill, and repealing Section 2-26.7 -Commercial Development Board and
amending Section 2-26.10 and converting the Parking Board into the "Hometown
District Advisory Board."
An Ordinance of the City of South Miami, Florida, abandoning the north 5 feet
of the right of way described as the South 10 feet of Lot 37 W. A. Larkins
Subdivision as recorded at Plat Book 3 at Page 198 of the public records of
Miami-Dade County, Florida.
If you desire to present evidence or you are unable to use Zoom, there are procedures to
follow and other options available including a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice
posted at City Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone
who wishes to review pending application , supporting documentation or who desire to have
documents made available for viewing by everyone during the meeting must contact the City
Clerk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board , Agency
or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be
required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the
testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to
participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days before the meeting
(not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at
6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) -A majority of the
members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to
enact any ordinance or adopt any resolution.•--
EMPLOYMENT AGREEMENT BETWEEN
CITY OF SOUTH MIAMI, FLORIDA AND GENARO C. IGLESIAS
This Agreement, made and entered into this 20TH day of December, 2022, by and between
the City of South Miami, Florida, a municipal corporation (hereinafter, the "City") and Genaro C.
Iglesias (hereinafter, the "City Manager"), an individual who has the education, training and
experience in local government management, both of whom agree as follows:
Section 1: Term
The term of this Agreement shall be from the 23 rd day of January 2023 through to the 30 th
day of January 2026.
If the City Manager is terminated, as drafted in Section 9 of this Agreement, the City
Manager shall be entitled to all compensation that shall include salary accrued vacation and car
allowance in accordance with Section 10. This compensation shall be paid in a lump sum or, at
the City's option, in a continuation of salary, on the existing [biweekly/monthly] basis, up until
the date of termination.
Section 2: Duties and Authority
A. The City agrees to employ Genaro C. Iglesias as City Manager to perform the
functions and duties specified in Article III, Section 5 of the Charter of the City and to perform
other legally permissible and proper duties and functions without interference.
B. The City Manager is the chief executive officer of the City and shall faithfully
perform the duties as prescribed in the job description as set forth in the City's charter and
ordinances as may be lawfully assigned by the City Commission and shall comply with all lawful
governing body directives, county, state and federal law, City policies, rules and ordinances as
they exist or may hereafter be amended or enacted.
C. It shall be the duty of the City Manager to employ, direct, assign, reassign,
evaluate, and to accept resignations of all the employees of the City under his supervision
consistent with policies, ordinances, charter, state, and federal law.
D. It shall also be the duty of the City Manager to organize, reorganize, and arrange
the staff of the City and to develop and establish internal regulations, rules, and procedures which
the City Manager deems necessary for the efficient and effective operation of the City consistent
with the lawful directives, policies, ordinances, city charter, county, state and federal law.
E. The City Manager shall perform the duties of city manager with reasonable care,
diligence, skill and expertise.
1
F. All duties assigned to the City Manager by the governing body shall be
appropriate to and consistent with the professional role and responsibility of the City Manager.
G. The City Manager cannot be reassigned from the position of City Manager to
another position without the City Manager's express written consent.
H. The City Manager or designee shall attend, and shall be permitted to attend, all
meetings of the governing body, both public and closed, or otherwise consistent with state law.
I. The governing body, individually and collectively, shall refer in a timely manner
all substantive criticisms, complaints and suggestions called to their attention to the City Manager
for study and appropriate action.
Section 3: Compensation
City agrees to pay City Manager an annual base salary of $245,000.00 payable in
installments at the same time that the other management employees of the City are paid, and the
salary shall be subject to the same cost of living increase as other City employees.
Section 4: Health, Disability and Life Insurance Benefits
A. The City agrees to provide and pay the premiums for health, hospitalization,
surgical, vision, dental, and comprehensive medical insurance for the City Manager and his her
dependents, at a minimum, equal to that which is provided to all other employees of the City.
B. The City agrees to put into force and to make required premium payments for
both short-term and long-term disability coverage for the City Manager.
C. The City shall pay the amount of premium due for term life insurance in the
amount of two (2) times the City Manager's annual base salary, including all increase in the base
salary during the life of this Agreement.
Section 5: Vacation and Sick
The City Manager shall accrue sick leave at the rate of one (1) day per month. Vacation
leave shall accrue at the rate of 2.33 days per month. The City Manager shall be entitled to
payment for any accrued sick and vacation time payable at the salary rate at the time of the
termination of this Agreement. Notwithstanding the foregoing, the City Manager shall be eligible
for the use of up to ten (10) days of vacation time on the effective date of this Agreement (the
"Advanced Vacation Benefit"). If the City Manager is terminated prior to accrual of the vacation
time equal to the Advanced Vacation Benefit, the City shall deduct the value of any such non-
accrued vacation time from any final compensation payable to the City Manager.
2
Section 6: Automobile
The City agrees to pay to the City Manager, during the term of this Agreement and in
addition to other salary and benefits herein provided, the sum of $600 per month, payable
monthly, as a vehicle allowance, or at the City Manager's option, a City vehicle selected by the
City Manager and purchased or leased by the City which may also be used for personal use. The
monthly allowance shall be changed annually by the change in the Consumer Price Index used
by the City for determining the cost-of-living increase in the City Manager's salary
Section 7: Retirement
The City agrees to pay an amount equal to fourteen percent (14%) of the City Manager's
salary into a retirement plan, designated by the City Manager on the City Manager's behalf, in
equal proportionate amounts each pay period.
Section 8: General Business Expenses
A. City may budget and pay for professional dues, travel, short courses, and
seminars.
B. City shall pay for or reimburse the City Manager for all ordinary, necessary and
reasonable business expenses incurred or paid by the City Manager in furtherance of City's
objectives, all of which shall be reimbursed and paid in accordance with City's policies and
procedures of general application. The City shall provide the City Manager with a credit card to
be used by the City Manager to pay for these expenses.
C. Recognizing the importance of constant communication and maximum
productivity, the City shall provide the City Manager with a laptop computer, software, and a
monthly allowance of one hundred fifty dollars ($150) for mobile phone.
Section 9: Termination
This Agreement may only be terminated for the reasons set forth in this section. For the
purpose of this Agreement, termination shall occur:
A. If three (3) members of the governing body vote to terminate the City Manager
without cause (as defined in this Agreement) at a properly posted and duly authorized public
meeting or if the City Commission fails to appropriate each year an amount sufficient from
available funds of the municipality to pay all financial obligations of the City pursuant to this
Agreement for that year, including but not limited to, the severance and other benefits set forth
in Section 10.
3
B. If any provisions of the charter or code of ordinances pertaining to the role,
powers, duties, authority and responsibilities of the City Manager's position that substantially
changes the form of government, the City Manager shall have the right to declare that such
amendments constitute termination.
C. The City shall not reduce the base salary, compensation or any other financial
benefit of the City Manager and if it does, such action shall constitute a breach of this Agreement
and will be regarded as termination unless the City enacts salary reductions for Department
heads and general employees to the same extent. In the latter event, the City Manager's salary
may be reduced accordingly and such event shall not be an event of termination or breach.
D. If the City Manager resigns following an offer to accept his/her resignation, by
resolution of the majority of the governing body, then the City Manager may resign and declare
a voluntary termination as of the date of the resolution.
E. In the event the City Manager is found to have committed an act of fraud or
dishonesty or is convicted of any criminal act ( except for minor traffic infractions) or is in
substantial breach of this Agreement (hereinafter referred to as termination for cause). Written
notice of any of these grounds for termination shall be provided to the City Manager at least 15
days prior to the adoption of a resolution that terminates the City Manager's employment.
F. The City Manager resigns as provided in Section 11, without a request from the
commission as set forth in paragraph 4 above.
Section 10: Severance
Severance shall be paid to the City Manager when employment is terminated as defined
in Section 9, unless termination is for cause, as provided for in paragraph E of Section 9, or due
to his or her voluntary resignation as provided in paragraph F of Section 9. When severance is
owed, the City shall provide a minimum severance payment equal to four (4) months salary at
the then current rate of pay as well as the benefits set forth in Sections 4, 5, 6, and 7 of this
Agreement. This severance shall be paid in a lump sum or in a continuation of payment of salary
and benefits on the existing biweekly/monthly basis, at the City's option. City agrees to continue
contributing to the following benefits during the 4-month severance period:
A. City Manager's retirement account or plan in effect on the date of termination, at
the rate in effect on the date of termination; and
B. All other benefits set forth in this Agreement.
If the City Manager is terminated for the causes set forth in paragraph E of Section 9, or
voluntarily resigns, then the City is not obligated to pay severance under this section.
4
Section 11: Resignation
In the event the City Manager voluntarily resigns his or her position with the City without
a request from the City Commission, as set forth in paragraph D of Section 9, the City Manager
shall provide a minimum of thirty (30) days' notice unless City Commission and the City Manager
agree otherwise.
Section 12: Performance Evaluation
A. The City Commission may annually review the performance of the City Manager
pursuant to the requirements set forth in Section 2-4.4 of the City Code.
Section 13: Hours of Work
City recognizes that the City Manager may devote a great deal of time outside the normal
office hours on business for the City, and to that end City Manager shall be allowed to establish
an appropriate work schedule. The schedule shall be appropriate to the needs of the City and
shall allow the City Manager to faithfully perform his or her assigned duties and responsibilities.
Section 14: Ethical Commitments
The City Manager shall always uphold the tenets of the ICMA Code of Ethics. Specifically,
the City Manager shall not endorse candidates, make financial contributions, sign, or circulate
petitions, or participate in fundraising activities for individuals seeking or holding elected office,
nor seek or accept any personal enrichment or profit derived from confidential information or
misuse of public time. Provided, however, the City Manager may attend fundraisers for issues
or candidates, excluding City of South Miami issues or Mayor/Commission seats.
The City shall support the City Manager in keeping these commitments by refraining from
any order, direction or request that would require the City Manager to violate the ICMA Code of
Ethics Specifically, neither the governing body nor any individual member thereof, shall request
the City Manager to endorse any candidate, make any financial contribution, sign or circulate any
petition, or participate in any fundraising activity for individuals seeking or holding elected
office.
Section 15: Outside Activities
The employment provided for by this Agreement shall be the City Manager's primary
employment. Recognizing that certain outside consulting or teaching opportunities provide
indirect benefits to the City and community, the City Manager may have, or elect to accept,
limited teaching or speaking opportunities with the understanding that such arrangements must
not create a conflict of interest nor constitute interference with his responsibilities under this
5
Agreement. All other outside employment by the City Manager shall be approved by resolution
of the City Commission.
Section 16: Indemnification
A. The City shall defend, indemnify, and pay all judgments or settlements regarding
any personal liability arising out of and in the scope of the City Manager's responsibilities, to the
fullest extent authorized by Section 111.071, Florida Statutes, and other laws, and in accordance
with South Miami Code of Ordinances Sec. 2-4.6 titled "Indemnification," in addition to any
insurance purchased by the City. The City agrees to pay all reasonable litigation expenses of the
City Manager throughout the pendency of the City of South Miami litigation to which the City
Manager is a party resulting from such acts or omissions within the course and scope of his or
her employment, including when the City Manager is a witness or advisor to the City. Such
expense payments shall continue beyond the City Manager's service to the City for as long as
litigation is pending.
B. Nothing in this section shall constitute a waiver of sovereign immunity or a wavier
of any other defense or immunity to such lawsuits.
C. Nothing in this section shall create any private right of action against the City by
any third party.
D. Nothing in this section shall provide any defense, indemnification or payment if
the City Manager acted in bad faith, with malicious purpose, or in a manner exhibiting wanton
and willful disregard of human rights, safety or property.
Section 17: Bonding
The City shall bear the full cost of any fidelity or other bonds required of the City Manager
under any law or ordinance.
Section 18: Other Terms and Conditions of Employment
The City, only upon written agreement with the City Manager and approved by
resolution, may add any such other terms and conditions of employment, as it may determine
from time-to-time, relating to the performance of the City Manager, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of, the City Charter, local
ordinances, or any other law.
Section 19: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, (by registered mail to the Mayor and the City Manager), postage
6
pre paid, personal ser vice, provided the recipient s ig n s a receipt w hich must b e produced to prove
d e li very, o r by so m e o th er service, including e-mail (e-mail to the C ity C lerk con s titutes d e li very
to the Mayor a nd the C i ty A tto rney), if it prov id es proof of delivery or receipt, a nd addressed as
fo ll ows:
CITY:
With a copy to :
CITY MANAGER:
Mayor
6130 S unset Drive
Sou th Miami, FL 33143-5093
City Attorney
6130 S un set Dri ve
So uth Miami, FL 33143-5093
Nkenga A. Payne, CMC
City Clerk
6130 S un set Drive
So uth Mia1ni, FL 33143-5093
E-mai l: N Pav n e @southmi amifl.gov
Genaro C. Iglesias
8545 S. W. 108th Street
M iam i, FL 33156-3541
E-m ail: chipig lesias@g m a il.com
Noti ce s h a ll b e d eem e d g i ve n as o f tl,e date of p e rsonal ser v ice provide d the recipien t s igns a
rece ipt, w hic h mu s t be pro du ced to prove de li ve ry, o r as the date o f receipt if sent b y regis te red
ma il o r if deli vered by som e oth e r se r v ice that provides proof of delivery.
Section 20: General Provisions
A. Integration. This Agreement sets forth and establis h es the enti re und erst a nding
be t ween the C ity Commission and the C ity Ma n ager relating to the e mployment of the City
Man age r by the C i ty Commission. A n y prior discussions or representation s by o r b etween the
members o f the C ity Commission er a nd tl,e C ity Manager a re merged and rendered null and
void by this Agreement. Th e C i ty Commission and the C ity Manager b y muh1al w ritten
agreem e n t, approved by reso lutio n of the gove rning body, may a m e nd a n y prov is ion of this
Agreem e nt durin g the life of the Agreemen t. Such amen dments s h a ll be inco rpo ra te a nd m ade
part o f thi s Agreement.
B. Bindin g Effect. T hi s Agreem ent shall be binding on the C i ty Commission a nd the
C ity Manager as well as their h e irs, ass ig n s, executors, personaJ representatives and successors
in inte rest.
7
C. Effective Date. This Agreement shall become effective on the 20 th day of December
2022.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement
will not affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have
been executed by both City Commission and City Manager after the expungement or judicial
modification of the invalid provision.
E. Precedence. In the event of any conflict between the terms, conditions and
provisions of this Agreement and the provisions of the City's permissive ordinances or the City's
rules and regulations, or any permissive state or federal law, then, unless otherwise prohibited
by law, the terms of this Agreement shall take precedence over contrary provisions of the City's
permissive ordinances, or the City's permissive rules and regulations or any such permissive law
during the term of this Agreement. Permissive, for the purposes of this Agreement, means not
mandatory.
F. Waiver of Jury Trial. The parties to this Agreement hereby waive any right they
may have to a jury trial regarding any matter or dispute between the parties and arising out of
this Agreement.
G. This contract shall be governed by the laws of the state of Florida and venue shall
be in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties to this Agreement between the City and
City Manager have set their hands and seal on the date set forth below each of their names.
[SIGN A TITRE PAGE TO FOLLOW]
8
ATTESTED:
By tJ4~0
N ke A.P~me, CMC
C ity Cle rk
Read and Approve d as to Form,
Language, Legality and Ex ecution
There of:
By :
CITY OF SOUTH MIAMI
Executed thi s &_: day of p c, , 2022.
GENARO C. IGLESIAS
9