Resolution 2023-32777RESOLUTION NO. 2023-32777
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE ANNUAL
PERFORMANCE EVALUATION OF THE CITY ATTORNEY; AND, IN
CONSIDERATION AND RECOGNITION OF THE CITY ATTORNEY'S
PERFORMANCE DURING FISCAL YEAR 2023, AMENDING THE CITY
ATTORNEY'S EMPLOYMENT AGREEMENT BY: GRANTING A SALARY
MERIT INCREASE IN THE AMOUNT OF THREE PERCENT (3%),
EFFECTIVE OCTOBER 13, 2023; AND PROVIDING THAT THE CITY
ATTORNEY'S DEFERRED COMPENSATION (CONSISTING OF THE
ANNUAL 457(B) CONTRIBUTION AND IRA CONTRIBUTION) SHALL
ACCRUE BI-WEEKLY AS OF THE CITY ATTORNEY'S ANNIVERSARY
DATE OF OCTOBER 13, 2023, AND PAID IN INSTALLMENTS, IN
ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION.
WHEREAS, on October 13, 2021, the Mayor and City Commission approved
Resolution No. 2021-31907, appointing Rafael A. Paz to the position of City Attorney of
the City of Miami Beach; and
WHEREAS, Mr. Paz's engagement is reflected in an Employment Agreement
dated as of October 13, 2021, and unanimously approved by the City Commission on
October 27, 2021, pursuant to Resolution No. 2021-31917 (the "Employment
Agreement"); and
WHEREAS, the Employment Agreement provides for an annual performance
review and evaluation of the City Attorney, at which time the City Commission shall review
the annual salary and/or other benefits of the City Attorney, and shall adjust in such
amounts and to such extent as the City Commission may determine it is desirable to do
so; and
WHEREAS, on September 14, 2022, via Resolution No. 2022-32326, the Mayor
and City Commission approved certain amendments to the City Attorney's employment
agreement, based on the annual performance evaluation and salary/benefits review of
the City Attorney for the contract year ending October 13, 2022; and
WHEREAS, in consideration and recognition of the City Attorney's performance
during Fiscal Year 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 Attorney'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 Attorney's exemplary performance during Fiscal Year 2023, the
Mayor and City Commission hereby approve the following amendments to the City
Attorney's Employment Agreement:
1. Merit Adjustment.
As a merit increase, grant a salary increase in the amount of three percent (3%), effective
October 13, 2023.
2. Terms Applicable to Deferred Compensation and IRA Benefits.
On or about October 13, 2023, the City Attorney will be paid the maximum 457(b) deferred
compensation and IRA contribution ("deferred compensation") for the 2023 tax year, per
the terms of the Employment Agreement.
Effective as of October 13, 2023, 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 October 13th through December
31 st; and
(b) From and after the January payment reflected in subsection 2(a) above for each
year, the City Attorney 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 Attorney'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 Attorney as soon as
possible in the following applicable tax year (i.e., in the first pay period in January, as
provided in subsection 2(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 Attorney as soon as possible, in accordance with applicable laws.
3. Mr. Paz's engagement as City Attorney shall continue under and pursuant to the terms
and conditions of the Employment Agreement, as approved pursuant to Resolution No.
2021-31907; as further amended by Resolution No. 2022-32326 and this Resolution, until
the same is modified, amended, or terminated by action of the Mayor and City
Commission.
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This Resolution shall become effective upon adoption.
PASSED and ADOPTED this /3 day of S'P i ,ov , 2023.
ATTEST:
Dan Gelber, Mayor
SEP 262023
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attomey U - Date
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