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2009-27241 ResoRESOLUTICgV NO. ~ 2009-27241 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE ANNUAL EVALUATION OF THE CITY MANAGER; RECEIVING THE CITY MANAGER'S REPORT; RECOGNIZING HIS EXEMPLARY PERFORMANCE; VOLUNTARILY FOREGOING ANY ANNUAL MERIT ADJUSTMENT AND COST OF LIVING ADJUSTMENT (COLA) TO HIS BASE SALARY; EXTENDING HIS EMPLOYMENT CONTRACT BY 2 YEARS; ADJUSTING HIS EMPLOYMENT CONTRACT ACCORDINGLY; AND SETTING AN EFFECTIVE DATE. WHEREAS, Jorge M. Gonzalez assumed the role of City Manager on August 21, 2000; and WHEREAS, Mr. Gonzalez' engagement is reflected in an Employment Contract dated July 26, 2000 adopted by the City Commission on July 26, 2000, which establishes his first year's salary and setting other terms, conditions, and benefits; and WHEREAS, one of the terms of his Employment Contract provides for an annual performance review and further provides for salary and benefits adjustments and performance bonuses in such amounts and to such extent as the City may determine that it is desirable to do so; and WHEREAS, the above mentioned Employment Contract was amended on October 17, 2001 by Resolution Number 2001-24655 in recognition of his exemplary first year performance evaluation and ensuing adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the above mentioned Employment Contract was amended on December 11, 2002 by Resolution Number 2002-25093 in recognition of his exemplary second year performance evaluation and ensuing adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the above mentioned Employment Contract was amended on January 14, 2004 by Resolution Number 2004-25467 in recognition of his exemplary third year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the above mentioned Employment Contract was amended on March 16, 2005 by Resolution Number 2005-25855 in recognition of his exemplary fourth year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the above mentioned Employment Contract was amended on March 8, 2006 by Resolution Number 2006-26155 in recognition of his exemplary fifth year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the above mentioned Employment Contract was amended on October 11, 2006 by Resolution Number 2006-26343 in recognition of his exemplary sixth year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made; and 2009-27241 WHEREAS, the above mentioned Employment Contract was amended on October 17, 2007 by Resolution Number 2007-26698 in recognition of his exemplary seventh year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the above mentioned Employment Contract was amended on October 7, 2008 by Resolution Number 2008-26926 in recognition of his exemplary seventh year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made; and WHEREAS, the City Manager has resided within the City of Miami Beach for the convenience of the City of Miami Beach, and such condition of employment was and is necessary in order for the City Manager to properly perform his duties to the citizens of Miami Beach, since as a 24 hour on-call position, the City Manager is required to participate in and attend civic meetings, other functions and generally be available at all times to perform his duties; and WHEREAS, the Mayor and members of the City Commission have reviewed the City Manager's Report for the period between August 2008 and August 2009 and have personally related with and observed the City Manager during the period of his service and upon such review and observation find and determine that his performance has been beneficial for the City and that his Employment Contract should be adjusted; and WHEREAS, in recognition of his exemplary performance and achievements in accomplishing the objectives of the City Commission it is the desire of the Mayor and Commission to continue Mr. Gonzalez' engagement under the terms and conditions as set forth in that Employment Contract, as amended by Resolution Numbers 2001-24655, 2002-25093, 2004-25467, 2005-25855, 2006-26155, 2006-26343, 2007-26698, 2008- 26926 and by this Resolution. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: Section 1. The findings set forth are true and correct and adopted as part of this Resolution. Section 2. The City Manager agrees to voluntarily forego any annual merit adjustment and Cost of Living Adjustment (COLA) to his base salary that would be appropriate pursuant to his exemplary performance this past year as provided for in the Employment Contract. Section 3. 2 years are added to the term of the Employment Contract and all other necessary adjustments to the Contract are made to reflect said change, pursuant to Section 2; subsection A of the Employment Contract. Section 4. Mr. Gonzalez' engagement as City Manager shall continue under and pursuant to the terms of the Employment Contract as amended by Resolution Numbers 2001-24655, 2002-25093, 2004-25467, 2005-25855, 2006-26155, 2006-26343, 2007- 26698, 2008-26926 and this resolution until the same is modified, amended, or terminated by action of the Mayor and City Commission. Section 5. This Resolution shall become effective upon adoption and be retroactive to August 21, 2009. 2009-27241 PASSED and ADOPTED this 14th day of October 2009. R Ma i Herrera Bower TEST: ~L~.l/~ CITY CLERK Robert Parcher F:\cmg~1~}I,~~~Q~1CjtKManager's Evaluation12008 evaluation resolution.doc FARM & LANG„„Ua7A~~GvvE _ !U 14 04 D