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2012-28096 Reso 201228096 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND KATHIE G. BROOKS, EXTENDING MS. BROOKS' ENGAGEMENT AS CITY OF MIAMI BEACH INTERIM CITY MANAGER UNTIL SUCH TIME AS THE NEW PERMANENT CITY MANAGER IS HIRED, BUT NOT TO EXCEED THE OUTSIDE DATE OF NOVEMBER 13, 2013. WHEREAS, on June 8, 2012, the Mayor and Commission appointed Kathie G. Brooks as Interim City Manager (Manager) of the City of Miami Beach (City); and WHEREAS, on July 18, 2012, the Mayor and City Commission approved Resolution No. 2012-27976, approving an Employment Agreement (the Agreement) with Manager to serve as the Interim City Manager of the City of Miami Beach during such time as the City Commission conducted its search for a new permanent City Manager; and WHEREAS, the Term of the Agreement shall expire on January 7, 2013; and WHEREAS, the City Commission is continuing its search for a permanent City Manager and therefore wishes to extend the Agreement, and Manager is agreeable to continue to serve in her capacity as Interim City Manager during such time; and WHEREAS, the Agreement may be extended by mutual agreement of the parties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to an Employment Agreement between the City and Kathie G. Brooks, extending Ms. Brooks' engagement as City of Miami Beach Interim City Manager until such time as the new permanent City Manager is hired, but not to exceed the outside date of November 13, 2013. PASSED AND ADOPTED this day of beCC04ft- 2012 ATTEST: i Rafael ranado, City Clerk M ti Herrera ower, May F:\ATTO\AGLIR\RESOS-ORD\Kathie Brooks-Amendment to Employment Agreement FINAL RESO P - obi ®AU To F� I�NGUAGE & FOR cUT'ON Date AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT This Amendment No. 1, is made and entered into as of the 2Z; day of 2012, by and between the City of Miami Beach, Florida, a municipal corporation (City), and Kathie G. Brooks (Manager). The City and Manager may also be referred to herein, individually, as a "Party" and, collectively, as the "Parties." 1INITNESSETH: WHEREAS, on July 18, 2012, the Mayor and City Commission approved Resolution No. 2012-27976, approving an Employment Agreement (the Agreement) with. Kathy G. Brooks (Manager) to serve as the Interim City Manager of the City of Miami Beach during such time as the City Commission conducted its search for a new permanent City Manager; and WHEREAS, the Term of the Agreement shall expire on January 7, 2013; and WHEREAS, the City Commission is continuing its search for a permanent City Manager and therefore wishes to extend the Agreement, and Manager is agreeable to continue to serve in her capacity as Interim City Manager during such time; and WHEREAS, the Agreement may be extended by mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Section 2 of the Agreement, entitled "Term," is amended to extend the Term of the Agreement until such time as the new permanent City Manager is hired, but not to exceed the outside date of November 13, 2013. Accordingly, the parties agree that the new Termination Date of the Agreement shall be the earlier of (i) the first day of employment of the new permanent City Manager, or (ii) November 13, 2013. 2. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and continue in full force and effect. 1 IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. Attest: FOR CITY OF MIAMI BEACH, FLORIDA: Raf 1 E. Granado rk Ma i Herrera Bower, Mayor o?0-1k day of C'?Mber , 2012. V .INCORP ORATED= FOR MANA ER: 1 Witness Signature Kathie G. Brooks, L A1 day of fl CCU m�,er, 2012. Print Name fitness Signature Z//".C( Card//a Print Name F:\ATTOWGUR\AGREEMENTXathie Brooks-Amendment to Employment Agreement(FINAL 12-12-12).docx APPROVED AS TO FORM &LANGUAGE A-FOA.EXECUTION 2 ,! ity A orne 17 - , /� D ate MIAMI BEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jose Smith, City Attorney( DATE: December 5, 2012 SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 1 TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND KATHIE G. BROOKS, EXTENDING MS. BROOKS' ENGAGEMENT AS CITY OF MIAMI BEACH INTERIM CITY MANAGER FOR AN ADDITIONAL THREE (3) MONTH PERIOD Since the City is continuing its search for a permanent City Manager, the City wishes to extend Interim City Manager Kathie Brooks' Employment Agreement for an additional three (3) month period, commencing on January 8, 2013 and ending on April 30, 2013. Accordingly, the City Attorney has prepared the attached Resolution and Amendment to the Manager's Employment Agreement. F:\ATTO\AGUR\RESOS-ORD\MEMOS\Kathie Brooks-Amendment to Employment Agreement Memo(12-5-12).doc Agenda Item 9� F Date 1212-1 Z