2015-29186 Reso RESOLUTION NO. 2015-29186
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 OF THE CITY ATTORNEY'S EXEMPLARY
PERFORMANCE DURING CONTRACT YEAR MAY 16, 2014
THROUGH MAY 15, 2015, GRANTING A COST OF LIVING
ADJUSTMENT (COLA) OF THREE (3) PERCENT, EFFECTIVE AS OF
AND RETROACTIVE TO MAY 16, 2015; FURTHER AMENDING THE
CITY ATTORNEY'S EMPLOYMENT CONTRACT TO PROVIDE FOR
ANNUAL LUMP SUM CONTRIBUTIONS BY THE CITY OF $10,000 TO
THE CITY ATTORNEY'S 457(b) DEFERRED COMPENSATION PLAN.
WHEREAS, at its meeting on April 9, 2014, the Mayor and City Commission
unanimously approved Resolution No. 2014-28540 appointing Raul J. Aguila to the
position of City Attorney of the City of Miami Beach effective May 16, 2014; and
WHEREAS, Mr. Aguila's engagement is reflected in an Employment Contract
dated July 24, 2014, and unanimously approved by the City Commission pursuant to
Resolution No. 2014-28692 (the Employment Contract); and
WHEREAS, the Employment Contract 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 make
adjustments in such amounts and to such extent as the City Commission may
determine it is desirable to do so; and
WHEREAS, the Employment Contract further provides that an annual salary
review of the City Attorney will be made every year within thirty (30) days after May 16t
of each Contract year; and
WHEREAS, Commissioner Jonah Wolfson, as chair of the City's Finance and
Citywide Projects Committee, was charged with and has discussed the Employment
Contract with Mr. Aguila and, during the City Commission meeting of October 14, 2015,
Commissioner Wolfson reported his discussions and the Mayor and City Commission
reviewed and evaluated the performance of the City Attorney, in accordance with the
Employment Contract; and
WHEREAS, in consideration and recognition of the City Attorney's exemplary
performance and achievements for Contract year May 16, 2014 through May 15, 2015,
the Mayor and City Commission hereby deem that it is in the best interest of the City to
approve an adjustment to the City Attorney's salary and benefits, 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 Contract year May 16,
2014 through May 15, 2015, the Mayor and City Commission hereby approve the
following:
1. The City Attorney is hereby granted a three (3) percent Cost of Living
Adjustment (COLA), effective as of and retroactive to May 16, 2015.
2. The Employment Contract is amended as follows:
Section 5, entitled "Compensation," is amended by adding a
new subsection (e), to be entitled "457(b) Contributions" and to
read as follows: "The City shall make annual lump sum
contributions to Employee's 457(b) Deferred Compensation
Plan, in the amount of $10,000. The first contribution of
$10,000 shall be due and payable October 14, 2015, and the
second and all subsequent contributions of $10,000 shall be
due and payable on February 1st of each Contract year."
3. Mr. Aguila's engagement as City Attorney shall continue under and
pursuant to the terms and conditions of the Employment Contract, as approved
pursuant to Resolution No. 2014-28692; and as further amended by this Resolution,
until the same is modified, amended, or terminated by action of the Mayor and City
Commission.
4. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 14th day ,of October, 201 .-'�
Philip - '�: .yor
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ael E. Granado, "pr's k �����'l APPROVED AS TO
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: September 4, 2015
SUBJECT: Agenda Discussion Item For October 1.4, 2015 Meeting
Please place the following discussion item on the October 14, 2015 Commission Meeting agenda:
As Chair of the Finance Committee, I have been charged with discussing salary with our Charter
appointments. This year, we renewed our City Manager and City Clerk following negotiation. I have
now had the opportunity to speak with Raul Aguila, our City Attorney. At this time, I am
recommending we renew his contract and provide him with a 3%COLA and 457 contribution he
seeks.
Please let me know if you have any questions.
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical,,hi.ctnrir rnmmi,nin,
Agenda Item R g G
Date 10-1(1-1c